Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, SECOND SESSION

Home , 1998 bombing of Iraq, Back to Work (book), Bill Janklow, Brad Carson, Dan Senor, Dawn Gibbons

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

Vol. 150 WASHINGTON, THURSDAY, JUNE 3, 2004 No. 76 House of Representatives The House met at 10 a.m. The Sergeant at Arms will notify ab- Kaptur Moran (KS) Ryun (KS) Rabbi Joui Hessel, Washington He- sent Members. Keller Moran (VA) Sa´ nchez, Linda Kelly Murphy T. brew Congregation, Washington, DC, The vote was taken by electronic de- Kennedy (RI) Musgrave Sanchez, Loretta offered the following prayer: vice, and there were—yeas 346, nays 47, Kildee Myrick Sanders God of all people, we thank You for answered ‘‘present’’ 1, not voting 39, as Kilpatrick Nadler Saxton all that is good in our world. We ac- follows: Kind Napolitano Schiff knowledge Your sovereignty and ever- King (IA) Neal (MA) Schrock [Roll No. 223] King (NY) Nethercutt lasting presence in our lives. Bless us Scott (GA) YEAS—346 Kirk Neugebauer Scott (VA) as we commit ourselves to continuing Kleczka Ney Sensenbrenner Your work of creation. For our com- Abercrombie Cardoza Forbes Kline Northup Serrano mitment to social justice and peace is Ackerman Carson (IN) Frank (MA) Knollenberg Norwood Sessions Aderholt Carter Franks (AZ) Kolbe Nunes Shadegg our task, and You our guide. Akin Case Frelinghuysen LaHood Nussle Shaw Allow our Nation’s leaders and its Alexander Castle Frost Langevin Oberstar Shays citizens the opportunity to work to- Allen Chabot Gallegly Lantos Obey Andrews Chandler Garrett (NJ) Sherman gether in an effort to create a world Larson (CT) Ortiz Baca Chocola Gephardt Sherwood Latham Osborne filled with righteousness and peace. Bachus Clay Gibbons Shimkus LaTourette Ose Bless our magnificent country, that it Baker Clyburn Gilchrest Shuster Leach Owens may always be a stronghold of peace Ballenger Coble Gillmor Simmons Barrett (SC) Cole Gingrey Lee Oxley Simpson and its advocate among the Nations. Barton (TX) Collins Gonzalez Levin Pallone Skelton May satisfaction reign within its bor- Bass Cox Goode Lewis (CA) Pascrell Smith (NJ) ders, health and happiness within our Beauprez Cramer Goodlatte Lewis (GA) Paul Smith (TX) Lewis (KY) Payne homes. Strengthen our relationships Becerra Crenshaw Gordon Smith (WA) Bereuter Crowley Goss Linder Pearce Snyder among the inhabitants of all lands, so Berkley Cubin Granger Lipinski Pelosi Solis that we may work together for peace. Berman Culberson Green (WI) Lofgren Pence Souder Blessed are You, God, who grants us Berry Cunningham Greenwood Lowey Peterson (PA) Spratt Biggert Davis (AL) Gutierrez Lucas (KY) Petri Stark life, sustains us and enables us to work Bilirakis Davis (CA) Hall Lucas (OK) Pickering Stearns for a better tomorrow. Amen. Bishop (GA) Davis (FL) Harman Majette Pitts Stenholm Bishop (NY) Davis (IL) Harris f Maloney Platts Sullivan Bishop (UT) Davis (TN) Hastings (WA) Manzullo Pombo Sweeney THE JOURNAL Blackburn Davis, Jo Ann Hayes Markey Pomeroy Tanner Blumenauer Davis, Tom Hayworth Marshall Porter The SPEAKER. The Chair has exam- Tauscher Blunt Deal (GA) Hensarling Matheson Portman Taylor (NC) ined the Journal of the last day’s pro- Boehner DeLauro Hill Matsui Price (NC) Terry ceedings and announces to the House Bonilla DeLay Hinojosa McCarthy (MO) Pryce (OH) Tiahrt Bonner Diaz-Balart, L. Hobson McCarthy (NY) Putnam his approval thereof. Bono Diaz-Balart, M. Hoeffel Tiberi McCollum Quinn Pursuant to clause 1, rule I, the Jour- Boozman Dicks Hoekstra Tierney McCotter Radanovich nal stands approved. Boswell Dingell Holden Toomey McCrery Rahall Boucher Doggett Holt Mr. MCNULTY. Mr. Speaker, pursu- McGovern Rangel Towns Boyd Dooley (CA) Honda ant to clause 1, rule I, I demand a vote McHugh Regula Turner (OH) Bradley (NH) Doolittle Hostettler on agreeing to the Speaker’s approval McInnis Rehberg Turner (TX) Brady (TX) Doyle Houghton Upton of the Journal. Brown (OH) Dreier Hoyer McIntyre Renzi McKeon Reyes Van Hollen The SPEAKER. The question is on Brown (SC) Duncan Hyde Vitter Brown, Corrine Dunn Inslee Meehan Reynolds the Speaker’s approval of the Journal. Walden (OR) Brown-Waite, Edwards Isakson Meek (FL) Rodriguez Walsh The question was taken; and the Ginny Ehlers Israel Meeks (NY) Rogers (AL) Speaker announced that the ayes ap- Burgess Emanuel Issa Menendez Rogers (KY) Wamp peared to have it. Burns Eshoo Jackson (IL) Mica Rogers (MI) Watson Michaud Ros-Lehtinen Watt Mr. MCNULTY. Mr. Speaker, I object Burr Etheridge Jackson-Lee Buyer Evans (TX) Millender- Ross Waxman to the vote on the ground that a Calvert Everett Jenkins McDonald Rothman Whitfield quorum is not present and make the Camp Farr John Miller (FL) Roybal-Allard Wilson (NM) point of order that a quorum is not Cannon Fattah Johnson (CT) Miller (MI) Royce Wilson (SC) Cantor Feeney Johnson (IL) Miller (NC) Ruppersberger Wolf present. Capito Ferguson Jones (NC) Miller, Gary Rush Woolsey The SPEAKER. Evidently a quorum Capps Flake Jones (OH) Mollohan Ryan (OH) Wynn is not present. Cardin Foley Kanjorski Moore Ryan (WI) Young (FL)

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 May 21 2004 00:20 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A03JN7.000 H03PT1 H3722 CONGRESSIONAL RECORD — HOUSE June 3, 2004 NAYS—47 Attachment. and faithfully discharge the duties of Baird Hooley (OR) Sabo the office on which you are about to Baldwin Hulshof Sandlin SECRETARY OF STATE, enter. So help you God. Bell Johnson, E. B. Schakowsky Pierre, SD, June 2, 2004. The SPEAKER. Congratulations. You Cooper Kennedy (MN) Strickland Hon. JEFF TRANDAHL, are a Member of the House of Rep- Costello Kucinich Stupak Clerk, House of Representatives, resentatives. DeFazio Lampson Taylor (MS) The Capitol, Washington, DC. English Larsen (WA) Thompson (CA) DEAR MR. TRANDAHL: This is to advise you f Filner LoBiondo Thompson (MS) Ford McDermott that the unofficial results of the Special Udall (CO) b 1030 Graves McNulty Election held on June 1, 2004 for Representa- Udall (NM) Green (TX) Miller, George tive in Congress from the At-Large Congres- INTRODUCTION OF REPRESENTA- Visclosky Gutknecht Olver sional District of South Dakota show that TIVE STEPHANIE HERSETH Hart Otter Waters Weller Stephanie Herseth received 132,236 votes or (Ms. PELOSI asked and was given Hastings (FL) Pastor 50.6% of the total number of votes cast for Hefley Peterson (MN) Wicker permission to address the House for 1 Hinchey Ramstad Wu that office. It would appear from these unofficial re- minute and to revise and extend her re- ANSWERED ‘‘PRESENT’’—1 sults that Stephanie Herseth was elected as marks.) Tancredo Representative in Congress from the At- Ms. PELOSI. Mr. Speaker, as Mem- Large Congressional District of South Da- bers know, it is the custom of the NOT VOTING—39 kota. House when a new Member is sworn in Ballance Deutsch Murtha To the best of my knowledge and belief at after a special election, the senior Bartlett (MD) Emerson Rohrabacher this time, there is no contest to this elec- Member from that Member’s State has Boehlert Engel Slaughter tion. Brady (PA) Fossella Smith (MI) the privilege of introducing the new Burton (IN) Gerlach Tauzin As soon as the official state canvass has Member to the House. Since South Da- Capuano Grijalva Thomas been conducted on June 8, an official certifi- kota only has one Member of Congress, cation of election will be prepared for trans- Carson (OK) Herger Thornberry that is not possible today; and so I Conyers Hunter Vela´ zquez mittal as required by law. Crane Istook Weiner Sincerely, have that privilege. Cummings Jefferson Weldon (FL) CHRIS NELSON. But I do want to acknowledge the es- DeGette Johnson, Sam Weldon (PA) cort committee to the gentlewoman Delahunt Kingston Wexler from South Dakota (Ms. HERSETH), and DeMint Lynch Young (AK) SOUTH DAKOTA CENTRAL ELECTION REPORTING SYSTEM STATE TOTALS—JUNE 1, 2004 that does have a nice ring to it, and ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE [Statewide: Precincts reported: 798; precincts to report: 798] what a distinguished escort committee The SPEAKER pro tempore (Mrs. it is, indeed: our former colleague, the BIGGERT) (during the vote). Members Name Party Votes Pct. Democratic leader in the United States are reminded there are 2 minutes re- Dem. Presidential: Senate, TOM DASCHLE, and another maining in this vote. Howard Dean ...... D 4,837 .06 former colleague from the House of John Kerry ...... D 69,454 .82 Representatives, the distinguished Sen- b 1028 Dennis Kucinich ...... D 2,043 .02 Lyndon Larouche ...... D 2,942 .03 ator from South Dakota, Tim Johnson. Uncommitted delegates ...... D 5,104 .06 Mr. RUPPERSBERGER changed his U.S. House: Mr. Speaker, the gentlewoman from vote from ‘‘nay’’ to ‘‘yea.’’ Larry Diedrich ...... R 129,292 .49 South Dakota (Ms. HERSETH) will bring So the Journal was approved. Stephanie Herseth ...... D 132,236 .51 to this House of Representatives the The result of the vote was announced f values of the heartland of America and as above recorded. a voice for her generation. She comes PROVIDING FOR SWEARING IN OF f from a very distinguished political MS. STEPHANIE HERSETH, OF family in South Dakota. Her grand- PLEDGE OF ALLEGIANCE SOUTH DAKOTA, AS A MEMBER father was Governor; her parents were The SPEAKER. Will the gentleman OF THE HOUSE public servants, very respected in from Georgia (Mr. LINDER) come for- Ms. PELOSI. Mr. Speaker, I ask South Dakota. She comes here, though, ward and lead the House in the Pledge unanimous consent that the gentle- to make her own mark and to make of Allegiance. woman from South Dakota (Ms. STEPH- the people of South Dakota very, very Mr. LINDER led the Pledge of Alle- ANIE HERSETH) be permitted to take the proud. giance as follows: oath of office today. Her certificate of Mr. Speaker, I am very pleased to recognize the distinguished gentle- I pledge allegiance to the Flag of the election has not arrived, but there is United States of America, and to the Repub- no contest, and no question has been woman from South Dakota (Ms. lic for which it stands, one nation under God, raised with regard to her election. HERSETH). indivisible, with liberty and justice for all. The SPEAKER. Is there objection to f f the request of the gentlewoman from EXPRESSING GRATITUDE AND California? THANKS FOR THE OPPORTUNITY COMMUNICATION FROM THE There was no objection. TO SERVE AS REPRESENTATIVE CLERK OF THE HOUSE f FROM SOUTH DAKOTA The SPEAKER laid before the House SWEARING IN OF THE HONORABLE (Ms. HERSETH asked and was given the following communication from the permission to address the House for 1 Clerk of the House of Representatives. STEPHANIE HERSETH, OF SOUTH DAKOTA, AS A MEMBER OF THE minute and to revise and extend her re- OFFICE OF THE CLERK, HOUSE marks.) HOUSE OF REPRESENTATIVES, Ms. HERSETH. Mr. Speaker, I want Washington, DC, June 2, 2004. The SPEAKER. Will the Member- to thank my fellow Members of the Hon. J. DENNIS HASTERT, elect from South Dakota (Ms. United States House of Representatives Speaker, House of Representatives, HERSETH) come forward and raise her Washington, DC for that gracious and warm welcome. I right hand. DEAR MR. SPEAKER: I have the honor to thank the gentlewoman from Cali- transmit herewith a facsimile copy of a let- Ms. HERSETH appeared at the bar of fornia (Ms. PELOSI) for that very kind ter received from The Honorable Chris Nel- the House and took the oath of office, and generous introduction. I thank son, Secretary of State, State of South Da- as follows: Senators DASCHLE and JOHNSON for kota, indicating that, according to the unof- Do you solemnly swear that you will taking the time to be here with me and ficial returns of the Special election held support and defend the Constitution of my family today. I also thank another June 1, 2004, the Honorable Stephanie the United States against all enemies, native South Dakotan, Jeff Trandahl, Herseth was elected Representative in con- foreign and domestic; that you will gress for the At Large Congressional Dis- our Clerk here in the House, for all of trict, State of South Dakota. bear true faith and allegiance to the his work and the work of his office. With best wishes, I am same; that you take this obligation And I thank you, Mr. Speaker, for al- Sincerely, freely, without any mental reservation lowing me to be sworn in at the ear- JEFF TRANDAHL. or purpose of evasion, and that you will liest opportunity so that the people of

VerDate May 21 2004 02:34 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A03JN7.001 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3723 South Dakota can once again have of Religion in New York in 2001. While OPPOSING OUTSOURCING OF JOBS their voice in this great Chamber. in Rabbinical School in New York, she (Ms. WOOLSEY asked and was given I would also like to thank our Sec- served several congregations and also permission to address the House for 1 retary of State in South Dakota, Chris served as the Education Intern at Leo minute and to revise and extend her re- Nelson, who certified the election with Bacck Temple in Los Angeles, Cali- marks and include therein extraneous great speed so that the interest of our fornia. material.) State could be represented in this dis- Rabbi Hessel is currently serving at Ms. WOOLSEY. Mr. Speaker, my con- tinguished body. I would also like to the Washington Hebrew Congregation stituents write each week telling me say a grateful thank you to the staff of right here in Washington, D.C., as asso- about jobs that are being outsourced, former Congressman Bill Janklow, who ciate Rabbi. She has been in that ca- asking me what is Congress doing have continued to serve these past sev- pacity since June of 2001 and is active about it. They are amazed and they are eral months and have been true to the in many programs, including youth ac- outraged that our President can sup- welcoming spirit of South Dakota. tivities and adult education. The Rabbi port this policy, when over 1 million There are too many to thank for this is currently working on an educational Californians are out of work. great honor: my grandparents, espe- article for a book on Parenting Young I understand their concerns, especially my Grampa Ralph Stiles, who is Adult Children. cially when the Bush administration here with me today, who gave me his Thank you, Rabbi Joui Hessel, for recently awarded a massive $10 billion unconditional love and support; my your spiritual leadership and for your government contract to Accenture, a parents, the strongest people I know prayers and for having such wonderful company incorporated in Bermuda, who taught me to reach across dis- parents, who are my constituents. when two American-based companies agreements and work for a common f actually bid for the contract. They also good; and the people of South Dakota, know that the President used to whom I pledge that I will do every- MESSAGE FROM THE SENATE outsourced workers in India to make thing I can to represent them honor- A message from the Senate by Mr. phone calls for his Presidential cam- ably and to always do what is best for Monahan, one of its clerks, announced paign. All of this, Mr. Speaker, when our entire State. that the Senate has passed a bill of the 8.4 million people are out of work na- And lastly, while the months and following title in which the concur- tionwide. years ahead are filled with great possi- rence of the House is requested: Outsourcing is bad economic policy, bilities, the unsettling truth is that my S. 1721. An act to amend the Indian Land and I urge the House leadership to ad- standing here today was born from a Consolidation Act to improve provisions re- dress this issue immediately. tragedy. The opportunity for me to lating to probate of trust and restricted f land, and for other purposes. represent my State would not have TRANSITION TO IRAQI SELF- happened if not for the heartache suf- f GOVERNMENT fered by many. That reminder will be ANNOUNCEMENT BY THE SPEAKER (Mr. BURGESS asked and was given with me always. PRO TEMPORE permission to address the House for 1 But from great sorrow can come new The SPEAKER pro tempore (Mr. minute and to revise and extend his re- beginnings for my State at this time in marks.) our Nation’s history, for all of us as a SIMPSON). The Chair will entertain 10 1- minute speeches per side. Mr. BURGESS. Mr. Speaker, to the people. I am humbled by this moment new prime minister of Iraq, Dr. Ayad f and by the trust and responsibility Allawi, let me say you are most wel- that South Dakota has placed in me. I NEW PRESCRIPTION DRUG CARD come, sir. Dr. Allawi, in addition to will do my best, and I will always re- REDUCES COSTS FOR SENIORS being selected as the new prime min- member why I am here. (Mr. KINGSTON asked and was given ister for the country of Iraq, provided a In the language of the Lakota people, permission to address the House for 1 very vociferous ‘‘thank you’’ to Presi- ‘‘pilamaya,’’ thank you, and may God minute and to revise and extend his re- dent Bush and the United States of bless this great House of the people. marks.) America for ridding his country of the f Mr. KINGSTON. Mr. Speaker, effec- scourge of Saddam Hussein. We have now seen two significant ANNOUNCEMENT BY THE SPEAKER tive June 1, each senior on Medicare who would like one could get a Medi- events this year, the standing up of the The SPEAKER. Under clause 5(c) of care prescription drug discount card. new Iraqi constitution, a constitution rule XX, the Chair announces to the This card will be good for about a 20 that respects majority rule but also re- House that, in light of the administra- percent discount in most local phar- spects the rights of the minority; a tion of the oath to the gentlewoman constitution that contains a robust bill macies. from South Dakota (Ms. HERSETH), the of rights and the protection and the in- What the senior could do is dial 1– whole number of the House is adjusted volvement of women in government. 800–Medicare or go to to 435. There is a clear goal understood by all WWW.MEDICARE.GOV and find out who are involved in that process, to see f which of the local drugstores has the the Iraqi people free and in charge of best deal on Lipitor or Glucophage or b 1045 Iraq for the first time in generations. whatever he or she uses on a regular WELCOMING RABBI JOUI HESSEL, America’s task in Iraq is not only to basis, and then, if it works, if it is a defeat an enemy. It is to give strength WASHINGTON HEBREW CON- good idea, invest anywhere from $20 to GREGATION, WASHINGTON, D.C. to a friend, a free, representative gov- $30, in that neighborhood, and choose ernment that serves the people and (Ms. ROS-LEHTINEN asked and was which card is the best and start enjoy- fights on their behalf. The sooner this given permission to address the House ing a 20 percent discount. goal is achieved, the sooner our job will for 1 minute and to revise and extend This is a program that precedes the be done. her remarks.). 2006 voluntary program which was The Iraqi interim government takes Ms. ROS-LEHTINEN. Mr. Speaker, it signed by President Bush, passed by power on 30 June. It will serve for only is a real pleasure to welcome a special this House and the Senate and en- 7 months until a new government is guest to our House from Miami, Flor- dorsed by the AARP to give seniors on chosen through democratic elections to ida, who shared her message of prayer Medicare a prescription drug benefit. be held as soon as possible, but no later and inspiration with us today, Rabbi It is a voluntary program, it reduces than the end of January, 2005. Joui Hessel. We are happy to have the drug costs by about 50 percent, and it is f Rabbi and her wonderful family, who something that we did not have in reside in my congressional district in Medicare as an option before. It is a AMERICANS DESIRE CHANGE OF Miami, Florida, with us here today. very good program, and I invite seniors DIRECTION Rabbi Hessel was ordained from the to call 1–800 Medicare and take a look (Ms. LOFGREN asked and was given Hebrew Union College Jewish Institute at it. permission to address the House for 1

VerDate May 21 2004 00:20 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.006 H03PT1 H3724 CONGRESSIONAL RECORD — HOUSE June 3, 2004 minute and to revise and extend her re- IBM has the right idea. We need to families of those men and women who marks.) create initiatives for U.S. employees to have given their lives in Iraq and Af- Ms. LOFGREN. Mr. Speaker, that old build new skills in today’s global econ- ghanistan. Tell them that their loved question remains relevant: Are you omy. If we do not, U.S. workers will ones gave their lives defending the better off today than you were 4 years get left behind. right of multinational corporations to ago? f cheat the American taxpayer, because Under this Republican Congress and that is what they are doing. the Bush administration, there is no EX-FELON VOTING RIGHTS BILL The time for putting profit before pa- doubt that people in Silicone Valley (Ms. CARSON of Indiana asked and triotism has passed. That is what these are not better off. At home, one in was given permission to address the folks are doing. Rewarding companies three households has had a layoff since House for 1 minute and to revise and who have abandoned our country with Bush took office. In January, 2001, the extend her remarks.) government contracts, as this adminis- unemployment rate in San Jose was 1.6 Ms. CARSON of Indiana. Mr. Speak- tration is continuing to do, is not only percent. In April of this year, it was 6.2 er, I rise today to say that we have unpatriotic, it is immoral. It should percent. celebrated for veterans during the Me- end. Across the country, the average morial Day weekend in a very proper f and respectful way. length of unemployment is the highest SENIORS OF AMERICA DESERVE Last evening, I introduced legislation in 20 years. The overall job picture is BETTER PRESCRIPTION DRUG that would correct an inequity for our the worst in nearly 40 years. COVERAGE The truth is, House Republicans do veterans. Many would be surprised to not have a real plan. Instead, they are learn that veterans who have served (Ms. KILPATRICK asked and was launching a public relations offensive honorably in the United States mili- given permission to address the House ironically titled Hire Our Workers, tary who have been discharged honor- for 1 minute and to revise and extend HOW. ably, who subsequently, because of her remarks.) Yes, Americans want to know ‘‘how’’ posttraumatic stress disorder, find Ms. KILPATRICK. Mr. Speaker, the Republicans can explain the loss of 2.2 themselves within the walls of prisons seniors of America deserve better. This million American jobs. ‘‘How’’ can Re- on a felony conviction, when they are Republican House and Republican Sen- ate, as well as the President, have publicans think today’s sham job train- released after they have served their passed a Medicare bill at 3 in the morning bill will help the 443,000 Califor- time, Mr. Speaker, many of them in certain States are denied the right to ing that is a sham on seniors. nians who were laid off just last Our seniors need and want lower pre- vote. month? scription prices. This bill did nothing Democrats have a proven track Disenfranchisement of those who to lower prices. Medicare negotiates jeopardized their lives in our defense of record of creating 22 million jobs in the for lower prices for the bulk of the 40 democratic ideas is an offense to the nineties. Now Americans want a million Americans who need assist- change in direction, not more votes on conscience of our Nation. Denying vet- ance. This bill does not allow our sen- the same tired, gimmick proposals. erans who committed a crime and iors to go to Canada, where medicines f served their sentences the right to vote cost two-thirds less than what they are is unconscionable. in America. IBM WORKING TOWARD LIFELONG This bill would give liberty and jus- LEARNING Finally, there is the discount card tice for all people, Mr. Speaker, espe- that is not a discount. Seniors, if you (Mr. CARTER asked and was given cially for our veterans. I would encour- have a discount from a pension plan permission to address the House for 1 age every Member of the House who re- from yourself or your husband, it is minute and to revise and extend his respects and loves and honors the vet- going to be better than this one. Use it. marks.) erans of this Nation to sign on as a Mr. Speaker, this is a sham on our Mr. CARTER. Mr. Speaker, lifelong sponsor of this legislation. seniors. Our seniors deserve more. learning is very important to the com- f They built our country. Let us do bet- petitiveness of this country. I would PUTTING PROFIT BEFORE ter. Help them get their medicines. like to highlight what IBM, a company They need them to survive. with a very strong presence in my dis- PATRIOTISM MUST END f trict, is doing for lifelong learning. (Ms. DELAURO asked and was given When I visited IBM’s Austin site re- permission to address the House for 1 RECOUPING MONEY STOLEN BY cently, I learned about several pro- minute and to revise and extend her re- ENRON grams that IBM has which promote marks.) (Mr. INSLEE asked and was given science and math for children. The Ms. DELAURO. Mr. Speaker, time permission to address the House for 1 company’s Young Explorer is an inter- and again companies like Accenture minute and to revise and extend his re- active apparatus that young children have abused loopholes in the Tax Code marks.) have to access many of the schools in to shirk their duties to the United Mr. INSLEE. Mr. Speaker, it is high districts around the country. It targets States. They incorporate on paper in time for the Bush administration to kids up to age 8. By making science countries like Bermuda for the express take action to recoup the hundreds of and math fun, IBM hopes that these purpose of avoiding U.S. taxes. There is millions of dollars that the Enron en- children will decide to go into areas of no justification in today’s world for ergy trading racket stole from people science and math. this shameful practice, none. in the State of Washington. IBM also runs the Excite Science Accenture also outsources jobs. Now We have now heard the tapes, the Camp For Girls at 38 U.S. sites during we learn that the Department of Home- smoking guns, where energy traders the summer months. Such camps give land Security has given Accenture a talk about ‘‘jamming’’ grandmothers seventh and eighth grade girls the op- record $10 billion contract, I assume in Washington State, saying ‘‘burn, portunity to meet with IBM female en- with the blessing of this majority, baby, burn,’’ during the brownouts, gineers, design and build their own Web which has done everything in its power just laughing at the fact that they got sites, and hopefully come to realize to allow this practice to continue, in- away with hundreds of millions of dol- that engineering is a viable career op- cluding watering down a provision that lars of theft. tion for them. I authored to prohibit these companies We are calling on the administration IBM has collaborative relationships from contracting with the Department to stop protecting the Enron energy with many colleges and universities. of Homeland Security. I remind my trading racket. We will offer on the The company and students share re- colleagues that this House passed that floor of the House next week an amend- sources and work together on research provision by a vote of 318 to 110, with ment to compel the Federal Energy and development endeavors. The com- the other body following suit. Regulatory Commission to get off the pany also goes into the community and So when I hear some actually defend dime and get our money back from offers computer training. this practice, I think, tell that to the Enron.

VerDate May 21 2004 02:34 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.035 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3725 This is a ripoff that is too obvious yes, they need lower gasoline prices, all These reconstruction funds are build- even for the Bush administration to ig- things this administration has failed to ing schools, roads, and encouraging nore, and it is time for Congress to do. business development in Iraq; and all stand up on our hind legs and force this f the while, we are making cor- administration to take action. The responding cuts here at home. I under- ALLOWING SENIORS ACCESS TO people in Snohomish County deserve stand that we need to rebuild Iraq and DRUG REIMPORTATION their hundreds of millions of dollars Afghanistan, but not at the expense of back, and we are going to see to it that (Mr. SANDLIN asked and was given what we do here in the United States. they get it. permission to address the House for 1 Mr. Speaker, when President Bush in f minute and to revise and extend his re- 2000 declared his opposition to nation- marks.) building, who knew it was America he AARP AND THE DRUG BILL Mr. SANDLIN. Mr. Speaker, the new was talking about. (Mr. MCDERMOTT asked and was drug discount card is nothing more f given permission to address the House than the old bait and switch. The Re- THE IMPORTANCE OF INFORMING for 1 minute and to revise and extend publican leadership continues to try to SENIORS ABOUT MEDICARE PRE- his remarks.) trick our seniors into thinking they SCRIPTION DRUG BENEFIT Mr. MCDERMOTT. Mr. Speaker, are getting a Medicare prescription AARP owes every senior an expla- drug benefit, while in reality offering (Mr. PENCE asked and was given per- nation. Its leader trumpeted a Repub- nothing more than an 18-month sham mission to address the House for 1 lican prescription drug bill passed in program that fails to offer any signifi- minute and to revise and extend his re- the dead of night last year. It would cant savings to seniors. Not surpris- marks.) have been dead on arrival if the admin- ingly, this temporary program Mr. PENCE. Mr. Speaker, as many istration had told the truth, but they prioritizes the pharmaceutical compa- know, for deeply held philosophical did not. nies’ profit over the health care ex- reasons, I opposed the creation of a But the seniors, including my 94- penses of our Nation’s seniors. prescription drug entitlement in Medi- year-old mother, are really smart. So While the administration has care. But I never opposed helping low- AARP, when they sent out 26,000 pack- claimed that these cards will have sav- income seniors or using the private ets of information, only 400 signed up. ings ranging from 10 percent to 25 per- sector to give seniors more buying My mother and her buddies are pret- cent, there is no guarantee of this; and power to save money on their prescrip- ty darn smart. They know the dif- there is absolutely no control over the tion drugs, which is exactly what be- ference between a real deal and a raw prices charged. came available this week with the new deal. The administration gave seniors a Additionally, the drug companies de- Medicare drug discount card and the raw deal, and AARP leadership helped. termine what drugs to discount and $600 credit for low-income seniors. In Senator KERRY will give seniors a how much seniors pay. And while sen- fact, I hosted five Medicare discount real deal with real benefits for pre- iors are locked into a drug card for a drug fairs across my district, speaking scription drugs. full year, the drug companies are at to more than 1,000 of my constituents. liberty to change what discounts they While many have made speeches on 1100 b offer from week to week. As a matter this floor and across the country cre- Democrats are ready to do what is of fact, some have already changed ating anxiety about this new bill, I right, beginning with telling the truth. their drug prices so that it does not cut found it instructive to spend time with It is time AARP repudiated the reck- into their bottom line. seniors. Despite my opposition to a less endorsement of a Republican bill The truth is that a better solution drug entitlement, I felt I had a moral that is bad medicine for seniors. It is with real benefits is available. With obligation to explain to seniors, par- time for AARP to take the medicine drug costs increasing at 3.5 times the ticularly low-income seniors, what is every mother teaches her child: tell the rate of inflation, we owe it to our Na- available as of this week in the new truth and take responsibility when you tion’s seniors to finally allow them ac- Medicare drug discount card benefit. do something stupid. cess to drug reimportation. I urge all of my colleagues, regardless of your view of this legislation, to f It is time to do the right thing and offer real savings to our seniors. We view what is available in this law and BUSH TAX CUTS CAUSE LARGEST cannot afford not to do so. to discharge your duty to your con- DEFICIT IN NATION’S HISTORY stituents to make knowledge available f (Mr. ROSS asked and was given per- of the new drug discount card and the mission to address the House for 1 2006 BUDGET CUTS low-income assistance for seniors. minute and to revise and extend his re- (Mr. EMANUEL asked and was given f marks.) permission to address the House for 1 BACK TO WORK INCENTIVE ACT Mr. ROSS. Mr. Speaker, in my home minute and to revise and extend his re- OF 2003 State of Arkansas, nearly 75,000 people marks.) are out of work today. Unemployment Mr. EMANUEL. Mr. Speaker, last Mr. BOEHNER. Mr. Speaker, pursu- has increased by 19 percent in the last week we learned from an internal Bush ant to House Resolution 656, I call up the bill (H.R. 444) to amend the Work- 31⁄2 years. administration budget memo detailing However, our Nation’s Treasury Sec- their planned cuts. force Investment Act of 1998 to estab- retary John Snow is visiting Arkansas According to the budget document, lish a Personal Reemployment Ac- today to talk about how President education, transportation, Social Secu- counts grant program to assist Ameri- Bush’s tax policy reforms are actually rity, the Environmental Protection cans in returning to work, and ask for creating jobs in Arkansas. All the Agency, National Science Foundation, its immediate consideration in the President’s tax cuts for the wealthy and the Small Business Administration House. have given us is the largest deficit ever are all in line for drastic cuts in their The Clerk read the title of the bill. The SPEAKER pro tempore (Mr. in our Nation’s history, tax cuts that budgets. Head Start, for example, a SIMPSON). Pursuant to House Resolu- our children will be forced to pay. $177 million cut. The National Insti- tion 656, the bill is considered read for For Secretary Snow to come to Ar- tutes of Health would be slashed by amendment. kansas today and tell Arkansans the more than $600 million. The adminis- The text of H.R. 444 is as follows: administration’s economic plan is cre- tration is planning cuts for 2006; and H.R. 444 ating jobs shows a blatant disregard for all the while, they are asking for an ad- Be it enacted by the Senate and House of Rep- what Arkansas families are really fac- ditional $25 billion to rebuild and se- resentatives of the United States of America in ing. Working families do not need more cure Iraq. The additional $25 billion for Congress assembled, rhetoric; they need jobs, they need af- Iraq is on top of the $165 billion the SECTION 1. SHORT TITLE fordable health care, they need a real American taxpayers have already allo- This Act may be cited as the ‘‘Back to Medicare prescription drug plan and, cated and paid. Work Incentive Act of 2003’’.

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SEC. 2. GRANTS TO SUPPORT PERSONAL REEM- ‘‘(b) FORMULA.—A State shall allocate ‘‘(B) PREVIOUSLY EXHAUSTED UNEMPLOY- PLOYMENT ACCOUNTS. funds to local areas in the State under sub- MENT COMPENSATION.—At the option of the Subtitle B of title I of the Workforce In- section (a)(2) in an amount that is propor- State, an individual may be eligible to re- vestment Act of 1998 (29 U.S.C. 2811 et seq.) is tionate to the relative number of unem- ceive assistance under this chapter if the in- amended by inserting after chapter 5 the fol- ployed individuals in the local area as com- dividual— lowing new chapter: pared to the total number of unemployed in- ‘‘(i) during the 90-day period ending on the ‘‘CHAPTER 5A—PERSONAL dividuals in the State. date of the enactment of the Back to Work REEMPLOYMENT ACCOUNTS ‘‘(c) AVAILABILITY.—Notwithstanding sec- Incentive Act of 2003, exhausted all rights to ‘‘SEC. 135A. PURPOSES. tion 189(g)(2), amounts allotted to a State any unemployment compensation; and ‘‘The purposes of this chapter are to pro- under section 135C, and amounts subse- ‘‘(ii)(I) is enrolled in training and needs ad- vide for the establishment of personal reem- quently provided to a local area under this ditional support to complete such training, ployment accounts for certain individuals section, shall be available for obligation and with a priority of service to be provided to identified as likely to exhaust their unem- expenditure only for the 3-year period begin- such individuals who are training for short- ployment compensation in order to— ning on the date of the enactment of the age occupations or high-growth industries; ‘‘(1) accelerate the reemployment of such Back to Work Incentive Act of 2003. or ‘‘(II) is separated from employment in an individuals; ‘‘SEC. 135E. PERSONAL REEMPLOYMENT AC- ‘‘(2) promote the retention in employment COUNTS. industry or occupation that has experienced declining employment, or no longer provides of such individuals; and ‘‘(a) ACCOUNTS.— any employment, in the local labor market ‘‘(3) provide such individuals with en- ‘‘(1) IN GENERAL.—Funds provided to a local during the two-year period ending on the hanced flexibility, choice, and control in ob- area under section 135D shall be used to pro- date of the determination of eligibility of taining intensive reemployment, training, vide eligible individuals with personal reem- the individual under this subparagraph. and supportive services. ployment accounts to be used in accordance ‘‘(4) NO INDIVIDUAL ENTITLEMENT.—Nothing ‘‘SEC. 135B. DEFINITION. with section 135F. An eligible individual may in this chapter shall be construed to entitle ‘‘In this chapter, the term ‘State’ means receive only one personal reemployment ac- any individual to receive a personal reem- each of the several States of the United count. ployment account. MOUNT States, the District of Columbia, the Com- ‘‘(2) A .—The State shall establish ‘‘(c) LOCAL ADMINISTRATION.— monwealth of Puerto Rico, and the United the amount of a personal reemployment ac- ‘‘(1) INFORMATION AND ATTESTATION.—Prior States Virgin Islands. count, which shall be uniform throughout to the establishment of a personal reemploy- ‘‘SEC. 135C. GRANTS TO STATES. the State, and shall not exceed $3,000. ment account for an eligible individual ‘‘(a) GRANTS.—The Secretary shall— ‘‘(b) ELIGIBLE INDIVIDUALS.— under this chapter, the one-stop delivery sys- ‘‘(1) reserve 2⁄10 of 1 percent of the amount ‘‘(1) IN GENERAL.—Each State shall estab- tem shall ensure that the individual— appropriated under section 137(d) for use lish eligibility criteria for individuals for ‘‘(A) is informed of the requirements appli- under section 135I; and personal reemployment accounts in accord- cable to the personal reemployment account, ‘‘(2) use the remainder of the amount ap- ance with this subsection. including the allowable uses of funds from propriated under section 137(d) to make al- ‘‘(2) MINIMUM ELIGIBILITY CRITERIA RE- the account, the limitations on access to lotments in accordance with subsection (b). QUIREMENTS.— services described under section 135F(a)(3)(C) ‘‘(b) ALLOTMENT AMONG STATES.— ‘‘(A) IN GENERAL.—Subject to subparagraph and a description of such services, and the ‘‘(1) IN GENERAL.—From the amount made (B), an individual shall be eligible to receive conditions for receiving a reemployment available under subsection (a)(2), the Sec- assistance under this chapter if, beginning bonus; retary shall allot to each State an amount after the date of enactment of the Back to ‘‘(B) has the option to develop a personal that is proportionate to the relative number Work Incentive Act of 2003, the individual— reemployment plan which will identify the of unemployed individuals in the State as ‘‘(i) is identified by the State pursuant to employment goals and appropriate combina- compared to the total number of unemployed section 303(j)(1) of the Social Security Act as tion of services selected by the individual to individuals in all States in order to provide likely to exhaust regular unemployment achieve the employment goals; and assistance for eligible individuals in accord- compensation and in need of job search as- ‘‘(C) signs an attestation that the indi- ance with this chapter. sistance to make a successful transition to vidual will comply with the requirements re- ‘‘(2) SMALL STATE MINIMUM ALLOTMENT.— new employment; lating to the personal reemployment ac- The Secretary shall ensure that— ‘‘(ii) is receiving regular unemployment counts under this chapter and will reimburse ‘‘(A) each State (other than the United compensation under any State or Federal the account or, if the account has been ter- States Virgin Islands) shall receive an allot- unemployment compensation program ad- minated, the program under this chapter, for ment under paragraph (1) that is not less ministered by the State; and any amounts expended from the account than 3⁄10 of 1 percent of the amount made ‘‘(iii) is eligible for not less than 20 weeks that are not allowable. available under subsection (a)(2) for the fis- for the regular unemployment compensation ‘‘(2) PERIODIC INTERVIEWS.—If a recipient cal year; and described in clause (ii). exhausts his or her rights to any unemploy- ‘‘(B) the United States Virgin Islands shall ‘‘(B) ADDITIONAL ELIGIBILITY AND PRIORITY ment compensation, and the recipient has a receive an allotment under paragraph (1) CRITERIA.—A State may establish criteria remaining balance in his or her personal re- that is not less than 1⁄10 of 1 percent of the that is in addition to the criteria described employment account, the one-stop delivery amount made available under subsection in subparagraph (A) for the eligibility of in- system shall conduct periodic interviews (a)(2) for the fiscal year. dividuals to receive assistance under this with the recipient to assist the recipient in ‘‘(c) AVAILABILITY.—Notwithstanding sec- chapter. A State may also establish criteria meeting his or her individual employment tion 189(g)(1), amounts made available under for priority in the provision of assistance to goals. subsection (a) to carry out this chapter shall such eligible individuals under this chapter. ‘‘SEC. 135F. USE OF FUNDS. be available for obligation and expenditure ‘‘(3) TRANSITION RULE.— ‘‘(a) ALLOWABLE ACTIVITIES.— beginning on the date of the enactment of ‘‘(A) PREVIOUSLY IDENTIFIED AS LIKELY TO ‘‘(1) IN GENERAL.—Subject to the require- the Back to Work Incentive Act of 2003. EXHAUST UNEMPLOYMENT COMPENSATION.— ments contained in paragraphs (2) and (3), a ‘‘SEC. 135D. WITHIN STATE ALLOCATION. ‘‘(i) IN GENERAL.—At the option of the recipient may use amounts in a personal re- ‘‘(a) ALLOCATION.—Of the amount allotted State, and subject to clause (ii), an indi- employment account to purchase one or to a State under section 135C— vidual may be eligible to receive assistance more of the following: ‘‘(1) not more than 2 percent of the amount under this chapter if the individual— ‘‘(A) Intensive services, including those may be reserved by the Governor of the ‘‘(I) during the 90-day period ending on the types of services specified in section State to enhance the system of worker date of the enactment of the Back to Work 134(d)(3)(C). profiling described in section 303(j) of the So- Incentive Act of 2003, was identified by the ‘‘(B) Training services, including those cial Security Act and to establish and oper- State pursuant to section 303(j)(1) of the So- types of services specified in section ate a data management system, as nec- cial Security Act as likely to exhaust reg- 134(d)(4)(D). essary, and carry out other appropriate ac- ular unemployment compensation and in ‘‘(C) Supportive services, except for needs- tivities to implement this chapter; need of job search assistance to make a suc- related payments. ‘‘(2) 5 percent of the amount shall be allo- cessful transition to new employment; and ‘‘(D) Assistance to purchase or lease an cated by the State to local areas in accord- ‘‘(II) otherwise meets the requirements of automobile, if such assistance is necessary ance with the formula described in sub- clauses (ii) and (iii) of paragraph (2)(A). to allow the recipient to accept a bona fide section (b) for start-up costs and other oper- ‘‘(ii) ADDITIONAL ELIGIBILITY AND PRIORITY offer of employment for which there is a rea- ating costs related to the provision of assist- CRITERIA.—A State may establish criteria sonable expectation of long-term duration. ance under this chapter; and that is in addition to the criteria described ‘‘(2) DELIVERY OF SERVICES.—The following ‘‘(3) the remainder of the amount shall be in clause (i) for the eligibility of individuals requirements relating to delivery of services provided to local areas for the establishment to receive assistance under this chapter. A shall apply to the program under this chap- of personal reemployment accounts de- State may also establish criteria for priority ter: scribed in section 135E for eligible individ- in the provision of assistance to such eligible ‘‘(A) Recipients may use funds from the uals in such local areas. individuals under this chapter. personal reemployment account to purchase

VerDate May 21 2004 00:20 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A03JN7.003 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3727 the services described in paragraph (1) ified under paragraph (2)(A), the individual SEC. 4. DELIVERY OF SERVICES. through the one-stop delivery system on a may use the amount remaining in the per- Section 134(c)(1) of the Workforce Invest- fee-for-service basis, or through other pro- sonal reemployment account for the pur- ment Act of 1998 (29 U.S.C. 2864(c)(1)) is viders, consistent with safeguards described poses described in subsection (a) but may not amended— in the State plan under section 135G. be eligible for additional cash payments (1) in subparagraph (D), by striking ‘‘and’’ ‘‘(B) The one-stop delivery system may pay under this subsection. at the end; costs for such services directly on behalf of ‘‘SEC. 135G. STATE PLAN. (2) in subparagraph (E), by striking the pe- the recipient, through a voucher system, or ‘‘(a) IN GENERAL.—In order for a State to riod at the end and inserting ‘‘; and’’; and by reimbursement to the recipient upon re- receive an allotment under section 135C, the (3) by adding at the end the following: ceipt of appropriate cost documentation, Governor of the State shall submit to the ‘‘(F) shall provide access to personal reem- consistent with safeguards described in the Secretary a plan that includes a description ployment accounts in accordance to section State plan under section 135G. of how the State intends to carry out the 135E.’’. ‘‘(C) Each one-stop delivery system shall personal reemployment accounts authorized SEC. 5. AUTHORIZATION OF APPROPRIATION. make available to recipients information on under this chapter, including— Section 137 of the Workforce Investment training providers specified in section ‘‘(1) the criteria and methods to be used for Act of 1998 (29 U.S.C. 2872) is amended by add- 134(d)(4)(F)(ii), information available to the determining eligibility for the personal re- ing at the end the following: one-stop delivery system on providers of the employment accounts, including whether the ‘‘(d) PERSONAL REEMPLOYMENT ACCOUNTS.— intensive and supportive services described State intends to include the optional cat- ‘‘(1) IN GENERAL.—There is authorized to be in paragraph (1), and information relating to egories described in section 135E(b)(3), and appropriated $3,600,000,000 for fiscal year 2003 occupations in demand in the local area. the additional criteria and priority for serv- to carry out chapter 5A. ‘‘(3) LIMITATIONS.—The following limita- ice that the State intends to apply, if any, ‘‘(2) AVAILABILITY.—Amounts appropriated tions shall apply with respect to personal re- pursuant to section 135E(b)(2)(B); pursuant to the authorization of appropria- employment accounts under this chapter: ‘‘(2) the methods or procedures, developed tions under paragraph (1) to carry out sec- ‘‘(A)(i) Amounts in a personal reemploy- in consultation with local boards and chief tion 135I are authorized to remain available ment account may be used for up to one year elected officials, to be used to provide eligi- until expended.’’. from the date of the establishment of the ac- ble individuals information relating to serv- SEC. 6. CONFORMING AMENDMENT. count. ices and providers, and safeguards, developed The table of contents for the Workforce In- ‘‘(ii) No personal reemployment account in consultation with such boards and offi- vestment Act of 1998 is amended by inserting may be established beginning 2 years after cials, to ensure that funds from the personal after the items relating to chapter 5 of sub- the date of the enactment of the Back to reemployment accounts are used for pur- title B of title I the following new items: Work Incentive Act of 2003. poses authorized under this chapter and are ‘‘(B) Each recipient shall submit cost docu- not used for services or providers that are ‘‘CHAPTER 5A—PERSONAL REEMPLOYMENT mentation as required by the one-stop deliv- wholly unreasonable or egregious; ACCOUNTS ery system. ‘‘(3) how the State will coordinate the ac- ‘‘Sec. 135A. Purposes. ‘‘(C) For the 1-year period following the es- tivities carried out under this chapter with ‘‘Sec. 135B. Definitions. tablishment of the account, recipients may the employment and training activities car- ‘‘Sec. 135C. Grants to States. not receive intensive, supportive, or training ried out under section 134 and other activi- ‘‘Sec. 135D. Within State allocation. services funded under this title except on a ties carried out through the one-stop deliv- ‘‘Sec. 135E. Personal reemployment ac- fee-for-services basis as specified in para- ery system in the State. counts. graph (2)(A). ‘‘(b) PLAN SUBMISSION AND APPROVAL.—A ‘‘Sec. 135F. Use of funds. ‘‘(D) Amounts in a personal reemployment State plan submitted to the Secretary under ‘‘Sec. 135G. State plan. account shall be nontransferable. subsection (a) by a Governor shall be consid- ‘‘Sec. 135H. Program information. ‘‘(b) INCOME SUPPORT.—A State may au- ered to be approved by the Secretary at the ‘‘Sec. 135I. Evaluation, technical assistance, thorize recipients determined eligible under end of the 30-day period beginning on the and data collection activities.’’. section 135E(b)(3)(B) to withdraw amounts date the Secretary receives the plan, unless from the personal reemployment account on the Secretary makes a written determina- The SPEAKER pro tempore. In lieu a weekly basis for purposes of income sup- tion during such period that the plan is in- of the amendment recommended by the port in amounts up to the average weekly complete or otherwise inconsistent with the Committee on Education and the amount of unemployment compensation that provisions of this chapter. Workforce printed in the bill, the the individual received prior to his or her ex- ‘‘SEC. 135H. PROGRAM INFORMATION. amendment in the nature of a sub- haustion of rights to unemployment com- ‘‘The Secretary may require from States stitute consisting of the text of H.R. pensation if the individual is engaged in job the collection and reporting on such finan- search, intensive services, or training that is 4444 is adopted. cial, performance, and other program-related The text of the amendment in the na- expected to lead to employment. information as the Secretary determines is ‘‘(c) REEMPLOYMENT BONUS.— appropriate to carry out this chapter, includ- ture of a substitute consisting of the ‘‘(1) IN GENERAL.—Subject to paragraph ing the evaluation described in section 135I. text of H.R. 4444 is as follows: (2)— ‘‘SEC. 135I. EVALUATION. H.R. 4444 ‘‘(A) if a recipient determined eligible ‘‘(a) EVALUATION.—From the amount made Be it enacted by the Senate and House of Rep- under section 135E(b)(2) obtains full-time available under section 135C(a)(1), the Sec- employment before the end of the 13th week resentatives of the United States of America in retary, pursuant to the authority provided Congress assembled, of unemployment for which unemployment under section 172, shall, directly or through SECTION 1. SHORT TITLE. compensation is paid, the balance of his or grants, contracts, or cooperative agreements This Act may be cited as the ‘‘Worker Re- her personal reemployment account shall be with appropriate entities, conduct an evalua- employment Accounts Act of 2004’’. provided directly to the recipient in cash; tion of the activities carried out under this and chapter. SEC. 2. GRANTS TO SUPPORT PERSONAL REEM- ‘‘(B) if a recipient determined eligible ‘‘(b) CONDUCT OF EVALUATION.—The evalua- PLOYMENT ACCOUNTS. under section 135E(b)(3) obtains full-time tion shall examine the effectiveness of such Section 171 of the Workforce Investment employment before the end of the 13th week activities in achieving the purposes de- Act of 1998 is amended by adding at the end after the date on which the account is estab- scribed in section 135A and such other pur- the following: lished, the balance of his or her personal re- poses as the Secretary determines are appro- ‘‘(e) PERSONAL REEMPLOYMENT ACCOUNTS.— employment account shall be provided di- priate. ‘‘(1) DEFINITION.—In this subsection, the rectly to the recipient in cash. ‘‘(c) REPORT.—The report to Congress term ‘State’ means each of the several ‘‘(2) LIMITATIONS.—The following limita- under section 172(e) relating to the results of States of the United States, the District of tions shall apply with respect to a recipient the evaluations required under section 172 Columbia, the Commonwealth of Puerto described in paragraph (1): shall include the recommendation of the Rico, and the United States Virgin Islands. ‘‘(A) 60 percent of the remaining personal Secretary with respect to the use of personal ‘‘(2) DEMONSTRATION PROJECT.—In addition reemployment account balance shall be paid reemployment accounts as a mechanism to to the demonstration projects under sub- to the recipient at the time of reemploy- assist individuals in obtaining and retaining section (b), the Secretary may establish and ment. employment.’’. implement a national demonstration project ‘‘(B) 40 percent of the remaining personal SEC. 3. ADMINISTRATION. designed to analyze and provide data on reemployment account balance shall be paid Section 117(d) of the Workforce Investment workforce training programs that accelerate to the recipient not later than 6 months Act of 1998 (29 U.S.C. 2832(d)) is amended— the reemployment of unemployed individ- after the date of reemployment. (1) in paragraph (3)(B)(i)(I), by striking uals, promote the retention in employment ‘‘(3) EXCEPTION REGARDING SUBSEQUENT UN- ‘‘sections 128 and 133’’ and inserting ‘‘sec- of such individuals, and provide such individ- EMPLOYMENT.—If a recipient described in tions 128, 133, and 135D’’; and uals with enhanced flexibility, choice, and paragraph (1) subsequently becomes unem- (2) in paragraph (4), by inserting ‘‘, activi- control in obtaining intensive reemploy- ployed due to a lack of work after receiving ties authorized under section 135F’’ after ment, training, and supportive services. the portion of the reemployment bonus spec- ‘‘section 134’’. ‘‘(3) GRANTS.—

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‘‘(A) IN GENERAL.—In carrying out the dem- the subsection, was identified by the State grant shall ensure that eligible individuals onstration project, the Secretary shall make pursuant to section 303(j)(1) of the Social Se- receiving a personal reemployment account grants, on a competitive basis, to eligible en- curity Act (42 U.S.C. 503(j)(1)) as likely to ex- use the account in accordance with para- tities to provide personal reemployment ac- haust regular unemployment compensation graph (7). counts to eligible individuals. In awarding and in need of job search assistance to make ‘‘(6) APPLICATION FOR GRANTS.—To be eligi- grants under this subsection the Secretary a successful transition to new employment; ble to receive a grant under this subsection, shall take into consideration awarding and an eligible entity shall submit an applica- grants to eligible entities from diverse geo- ‘‘(BB) otherwise meets the requirements of tion to the Secretary at such time, in such graphic areas, including rural areas. clause (ii)(I)(bb) and (cc). manner, and containing such information as ‘‘(B) DURATION.—The Secretary shall make ‘‘(bb) ADDITIONAL ELIGIBILITY AND PRIORITY the Secretary may require, including— the grants for periods of not less than 2 years CRITERIA.—An eligible entity may establish ‘‘(A) if the eligible entity is a State— and may renew the grant for each of the suc- criteria that is in addition to the criteria de- ‘‘(i) assurance that the application was de- ceeding 3 years. scribed in item (aa) for the eligibility of indi- veloped in conjunction with the local board ‘‘(4) ELIGIBLE ENTITY.—In this subsection, viduals to receive a personal reemployment or boards and chief elected officials where the term ‘eligible entity’ means— account under this subsection. An eligible the personal reemployment accounts shall be ‘‘(A) a State; or entity may also establish criteria for pri- made available; and ‘‘(B) a local board or consortium of local ority in the provision of such accounts to ‘‘(ii) a description of the methods and pro- boards. such eligible individuals under this sub- cedures for providing funds to local areas ‘‘(5) USE OF FUNDS.— section. where the personal reemployment accounts ‘‘(A) IN GENERAL.—An eligible entity that ‘‘(II) PREVIOUSLY EXHAUSTED UNEMPLOY- shall be made available; and receives a grant under this subsection shall MENT COMPENSATION.—At the option of the ‘‘(B) a description of the criteria and meth- use the grant funds to provide, through a eligible entity, an individual may be eligible ods to be used for determining eligibility for local area or areas, eligible individuals with to receive a personal reemployment account the personal reemployment account, includ- personal reemployment accounts. An eligible under a grant awarded under this subsection ing whether the eligible entity intends to in- individual may receive only 1 personal reem- if the individual— clude the optional categories described in ployment account. ‘‘(aa) during the 26-week period ending the paragraph (5)(C)(iii), and the additional cri- ‘‘(B) GEOGRAPHIC AREA AND AMOUNT.— week prior to the date of the enactment of teria and priority for service that the eligi- ‘‘(i) IN GENERAL.—The eligible entity shall this subsection, exhausted all rights to any ble entity intends to apply, if any, pursuant establish the amount of a personal reemploy- unemployment compensation; and to paragraph (5)(C)(ii)(II); ment account for each eligible individual ‘‘(bb)(AA) is enrolled in training and needs ‘‘(C) a description of the methods or proce- participating, which shall be uniform additional support to complete such train- dures to be used to provide eligible individ- throughout the area represented by the eligi- ing, with a priority of service to be provided uals information relating to services and ble entity, and shall not exceed $3,000. to such individuals who are training for providers; ‘‘(ii) OPTION FOR STATES.—If the eligible en- shortage occupations or high-growth indus- ‘‘(D) a description of safeguards to ensure tity is a State, the eligible entity may tries; or that funds from the personal reemployment choose to use the grant statewide, if prac- ‘‘(BB) is separated from employment in an accounts are used for purposes authorized ticable, or only in specified local areas with- industry or occupation that has experienced under this subsection and to ensure the qual- in a State. declining employment, or no longer provides ity and integrity of services and providers, ‘‘(C) ELIGIBLE INDIVIDUALS.— any employment, in the local labor market consistent with the purpose of providing eli- ‘‘(i) IN GENERAL.—Each eligible entity shall during the 2-year period ending on the date gible individuals with enhanced flexibility, establish eligibility criteria for individuals of the determination of eligibility of the in- choice, and control in obtaining intensive re- for personal reemployment accounts in ac- dividual under this subparagraph. employment, training, and supportive serv- cordance with this subparagraph. ‘‘(iv) NO INDIVIDUAL ENTITLEMENT.—Noth- ices; ‘‘(ii) ELIGIBILITY CRITERIA REQUIREMENTS.— ing in this subsection shall be construed to ‘‘(E) a description of how the eligible enti- ‘‘(I) IN GENERAL.—Subject to subclause (II), entitle any individual to receive a personal ty will coordinate the activities carried out an individual shall be eligible to receive a reemployment account. under this subsection with the employment personal reemployment account under a ‘‘(D) LIMITATIONS.— and training activities carried out under sec- grant awarded under this subsection if, be- ‘‘(i) INFORMATION AND ATTESTATION.—Prior tion 134 and other activities carried out by ginning after the date of enactment of this to the establishment of a personal reemploy- local boards through the one-stop delivery subsection, the individual— ment account for an eligible individual, the system in the State or local area; and ‘‘(aa) is identified by the State pursuant to eligible entity receiving a grant, through the ‘‘(F) an assurance that the eligible entity section 303(j)(1) of the Social Security Act one-stop delivery system in the participating will comply with any evaluation and report- (42 U.S.C. 503(j)(1)) as likely to exhaust reg- local area or areas, shall ensure that the in- ing requirements the Secretary may require. ular unemployment compensation and in dividual— ‘‘(7) USE OF PERSONAL REEMPLOYMENT AC- need of job search assistance to make a suc- ‘‘(I) is informed of the requirements appli- COUNTS.— cessful transition to new employment, or the cable to the personal reemployment account, ‘‘(A) ALLOWABLE ACTIVITIES.— individual’s unemployment can be attributed including the allowable uses of funds from ‘‘(i) IN GENERAL.—Subject to the require- in substantial part to unfair competition the account, the limitations on access to ments contained in clauses (ii) and (iii), a re- from Federal Prison Industries, Incor- services described in paragraph (7)(A)(iii) and cipient of a personal reemployment account porated; a description of such services, and the condi- may use amounts in a personal reemploy- ‘‘(bb) is receiving regular unemployment tions for receiving a reemployment bonus; ment account to purchase 1 or more of the compensation under any Federal or State ‘‘(II) has the option to develop a personal following: unemployment compensation program ad- reemployment plan which will identify the ‘‘(I) Intensive services, including those ministered by the State; and employment goals and appropriate combina- type of services specified in section ‘‘(cc) is eligible for not less than 20 weeks tion of services selected by the individual to 134(d)(3)(C). of regular unemployment compensation de- achieve the employment goals; and ‘‘(II) Training services, including those scribed in item (bb). ‘‘(III) signs an attestation that the indi- types of services specified in section ‘‘(II) ADDITIONAL ELIGIBILITY AND PRIORITY vidual has been given the option to develop 134(d)(4)(D). CRITERIA.—An eligible entity may establish a personal reemployment plan in accordance ‘‘(III) Supportive services, except for needs criteria that are in addition to the criteria with subclause (II), will comply with the re- related payments. described in subclause (I) for the eligibility quirements under this subsection relating to ‘‘(ii) DELIVERY OF SERVICES.—The following of individuals to receive a personal reem- the personal reemployment accounts, and requirements relating to delivery of services ployment account under this subsection. An will reimburse the account or, if the account shall apply to the grants under this sub- eligible entity may also establish criteria for has been terminated, the grant awarded section: priority in the provision of a personal reem- under this subsection, for any amounts ex- ‘‘(I) Recipients may use funds from the per- ployment account to such eligible individ- pended from the account that are not allow- sonal reemployment account to purchase the uals under a grant awarded under this sub- able. services described in clause (i) through the section. ‘‘(ii) PERIODIC INTERVIEWS.—If a recipient one-stop delivery system on a fee-for-service ‘‘(iii) TRANSITION RULE.— exhausts his or her rights to any unemploy- basis, or through other providers, consistent ‘‘(I) PREVIOUSLY IDENTIFIED AS LIKELY TO ment compensation, and the recipient has a with the safeguards described in paragraph EXHAUST UNEMPLOYMENT COMPENSATION.— remaining balance in his or her personal re- (6)(D). ‘‘(aa) IN GENERAL.—At the option of the eli- employment account, the one-stop delivery ‘‘(II) The eligible entity, through the one- gible entity, and subject to item (bb), an in- system shall conduct periodic interviews stop delivery system in the participating dividual may be eligible to receive a personal with the recipient to assist the recipient in local area, may pay costs for such services reemployment account under this subsection meeting his or her individual employment directly on behalf of the recipient, through a if the individual— goals. voucher system, or by reimbursement to the ‘‘(AA) during the 13-week period ending the ‘‘(iii) USE OF PERSONAL REEMPLOYMENT AC- recipient upon receipt of appropriate cost week prior to the date of the enactment of COUNTS.—The eligible entity receiving a documentation.

VerDate May 21 2004 00:20 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A03JN7.002 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3729 ‘‘(III) Each eligible entity, through the assist individuals in obtaining and retaining ployed get back on their feet. The bill one-stop delivery system in the participating employment.’’. before us, the Worker Reemployment local area, shall make available to recipients The SPEAKER pro tempore. The gen- Accounts Act, allows demonstration information on training providers specified tleman from Ohio (Mr. BOEHNER) and funding under the Workforce Invest- in section 134(d)(4)(F)(ii), information avail- the gentleman from Michigan (Mr. KIL- able to the one-stop delivery system on pro- ment Act to be used by States and viders of the intensive and supportive serv- DEE) each will control 30 minutes. local workforce investment boards for ices described in clause (i), and information The Chair recognizes the gentleman a pilot project to offer personal reem- relating to occupations in demand in the from Ohio (Mr. BOEHNER). ployment accounts of up to $3,000. local area. GENERAL LEAVE With the funds from these accounts, ‘‘(iii) LIMITATIONS.—The following limita- Mr. BOEHNER. Mr. Speaker, I ask unemployed workers may purchase a tions shall apply with respect to personal re- unanimous consent that all Members variety of different services to help employment accounts under this subsection: may have 5 legislative days within them find a new job and to reenter the ‘‘(I) Amounts in a personal reemployment which to revise and extend their re- workforce, including job training, child account may be used for up to 1 year from care, transportation, housing assist- the date of the establishment of the account. marks and included extraneous mate- ‘‘(II) Each recipient shall submit cost docu- rial on H.R. 444. ance, relocation services, career coun- mentation as required by the one-stop deliv- The SPEAKER pro tempore. Is there seling, computer classes, just to name ery system. objection to the request of the gen- a few. And all of these are accessible ‘‘(III) For the 1-year period following the tleman from Ohio? through the One-Stop Career Center establishment of the account, recipients may There was no objection. system where unemployed workers al- not receive intensive, supportive, or training Mr. BOEHNER. Mr. Speaker, I yield ready seek job training assistance. services funded under this title except on a myself such time as I may consume. A key component of this plan allows fee-for-services basis as specified in clause Mr. Speaker, the economic news over workers who become reemployed with- (ii)(I). the last 8 months has been very en- in 13 weeks to keep the balance of their ‘‘(IV) Amounts in a personal reemployment couraging. Republicans and President account shall be nontransferable. account as a cash reemployment bonus. ‘‘(B) REEMPLOYMENT BONUS.— Bush have focused on creating jobs and In addition, these reemployment ac- ‘‘(i) IN GENERAL.—Subject to clause (ii)— opportunity, helping working Ameri- counts empower individual recipients ‘‘(I) if a recipient determined eligible under cans by providing tax relief, improving to make choices appropriate for their paragraph (5)(C)(ii) obtains full-time employ- worker training and education to help own circumstances. Recipients will be ment before the 13th week of unemployment Americans without work get back on able to create reemployment accounts for which unemployment compensation is their feet, and enhancing the competi- that help them navigate all of the op- paid, the balance of his or her personal reem- tiveness of employers both at home and tions that are available, such as career ployment account shall be provided directly abroad to ensure they continue to hire to the recipient in cash; and counseling or job training for a new ‘‘(II) if a recipient determined eligible more and more American workers. profession. In providing choice and under paragraph (5)(C)(iii) obtains full-time As recent data from the Labor De- flexibility, I think we get people back employment before the end of the 13th week partment shows, the U.S. is creating to work into steady, good-paying jobs after the date on which the account is estab- thousands of new jobs every month. sooner. lished, the balance of his or her personal re- The pro-growth agenda has created 1.1 For those who are struggling to get employment account shall be provided di- million net new jobs over the last 8 back on their feet, we in Congress, I rectly to the recipient in cash. months, and 625,000 jobs, net new jobs, think, have a responsibility to look for ‘‘(ii) LIMITATIONS.—The following limita- I should say, in March and April alone. additional solutions to help them when tions shall apply with respect to a recipient described in clause (i): Moreover, the national unemployment they need it most. The intent of this ‘‘(I) 60 percent of the remaining personal rate declined to 5.6 percent in April, bill is clear: this new benefit supple- reemployment account balance shall be paid lower than the average unemployment ments and enhances the services that to the recipient at the time of employment. rate during the 1970s, the 1980s, and the are already available for those who are ‘‘(II) 40 percent of the remaining personal 1990s. most likely to face obstacles in finding reemployment account shall be paid to the While this is welcome news for work- and keeping new employment, whether recipient after 26 weeks of employment re- ing Americans, we remain committed it be unemployment benefits or the tention. to ensuring that every displaced work- employment training programs offered ‘‘(iii) EXCEPTION REGARDING SUBSEQUENT er has the opportunity to find mean- through the Workforce Investment EMPLOYMENT.—If a recipient described in clause (i) subsequently becomes unemployed ingful employment and access to job- Act. due to a lack of work after receiving the por- training services that will help them The bill before us is a pilot project, a tion of the reemployment bonus specified find good-paying jobs. As President scaled-back version of a more com- under clause (ii)(I), the individual may use Bush has said, one worker out of work prehensive proposal that the Com- the amount remaining in the personal reem- is one too many, and we have a respon- mittee on Education and the Workforce ployment account for the purposes described sibility to help working families in approved last year. Our goal here is to in subparagraph (A) but may not be eligible times when they need it most. put this program to a test, see how it for additional cash payments under this sub- Job training and worker education is works in practice, and determine paragraph. more important to this effort in to- whether it truly gives unemployed ‘‘(8) PROGRAM INFORMATION AND EVALUA- TION.— day’s changing economy now more workers an option, a workable option ‘‘(A) INFORMATION.—The Secretary may re- than ever before. Every member of our to help them improve their job search. quire from eligible entities the collection society, including those who are most The lessons learned through this pilot and reporting on such financial, perform- vulnerable and the hardest to employ, project will give Congress more infor- ance, and other program-related information want to achieve independence and self- mation on how best to serve those who as the Secretary determines is appropriate sufficiency. No American wants endless are looking for work. to carry out this subsection, including the reliance on our government, and I Mr. Speaker, I want to thank the evaluation described in subparagraph (B). think the President recognizes that gentleman from Nevada (Mr. PORTER) ‘‘(B) EVALUATION.— ‘‘(i) IN GENERAL.—The Secretary, pursuant and providing personal reemployment and the gentleman from California (Mr. to the authority provided under section 172, accounts represents one more way we MCKEON) for their work on this meas- shall, directly or through grants, contracts, are helping the unemployed by specifi- ure and last year’s bill as well. During or cooperative agreement with appropriate cally tailoring job training and em- hearings that we had last year, we entities, conduct an evaluation of the activi- ployment services to meet their unique heard from State leaders at a field ties carried out under any grants awarded needs. hearing in Nevada about the practical under this subsection. Giving displaced workers the re- benefits of these reemployment ac- ‘‘(ii) REPORT.—The report to Congress sources they need and continuing this counts in helping the unemployed. We under section 172(e) relating to the results of the evaluations required under section 172 economic expansion is critically impor- also heard from Labor Secretary Elaine shall include the recommendation of the tant. That brings us to why we are here Chao, who said that the accounts ‘‘will Secretary with respect to the use of personal today: to highlight a new and innova- empower individuals by giving them reemployment account as a mechanism to tive approach to helping the unem- more flexibility, personal choice, and

VerDate May 21 2004 00:20 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A03JN7.002 H03PT1 H3730 CONGRESSIONAL RECORD — HOUSE June 3, 2004 control over their job search and ca- kept up with inflation, and this bill have to do with computer skills, it may reer.’’ does nothing to address these prob- be earning a license to be a realtor, a Over the past 2 years, we have taken lems. financial planner, or 1 year at a com- numerous steps to help unemployed Substantive help for American work- munity college, which I think is a tre- workers, and we are also in the process ers lies in an initiative to create jobs mendous option for a great many peo- of reauthorizing the Federal job-train- and to extend unemployment insur- ple. We feel also that child care, trans- ing programs under the Workforce In- ance. Yet this Republican Congress and portation, career counseling, reloca- vestment Act. Millions of jobless work- the Bush administration has contin- tion services, housing assistance are ers should not have to wait for job- ually failed to address these needs. The viable alternatives as well. training reform, and Congress has an last extension of UI benefits ran out The last thing I would like to men- obligation this year to improve those late last year. Despite some meager job tion, Mr. Speaker, is simply the fact job-training opportunities for Amer- growth in the past few months, we re- that there are some incentives here for ican workers. Unfortunately, it ap- main two million jobs in the hole since people to not only get a job but to have pears, though, that some in the other the beginning of the Bush administra- some money, some seed money to get body want to block major job-training tion. The Republican answer to these started on their new career. For in- legislation that would help strengthen problems is a pilot project for job stance, as an example, a person had a training and retraining opportunities training vouchers. $3,000 grant and $2,000 of it was spent, for American workers. I think if given This bill brings no new resources to maybe some of it on community col- the opportunity, we look forward to help American workers. Instead, it lege, some for child care, and there was completing work on that legislation would steal funding from other proven $1,000 remaining. This would leave $600 this year. job training programs. How could this at employment that person could use But Congress must act now to pro- respond to the needs of the American to get back on their feet and $400 to be vide new, innovative options to help workers? used after 6 months of employment. workers as quickly as possible, and the In closing, Mr. Speaker, I urge Mem- So we think that this is certainly an choice and flexibility available through bers to oppose this bill. We need real- interesting and flexible approach. I personal reemployment accounts will world solutions to real-world problems, urge support of this bill, H.R. 444. help more Americans get back on their not unfunded, untested legislation Mr. KILDEE. Mr. Speaker, I yield feet and find good jobs. which will not address the true needs such time as he may consume to the Mr. Speaker, I reserve the balance of of the American worker. ranking member of the committee, the my time. Mr. Speaker, I reserve the balance of gentleman from California (Mr. Mr. KILDEE. Mr. Speaker, I rise in my time. GEORGE MILLER). strong opposition to H.R. 444, and I Mr. BOEHNER. Mr. Speaker, I yield 3 Mr. GEORGE MILLER of California. yield myself such time as I may con- minutes to the gentleman from Ne- Mr. Speaker, I thank the gentleman for sume. braska (Mr. OSBORNE), a member of the yielding and for his handling of this Mr. Speaker, this bill completely Committee on Education and the bill for the minority on the floor and misses the mark. American workers Workforce. his work on it in the committee. need job creation. American workers Mr. OSBORNE. Mr. Speaker, it seems And the gentleman from Michigan also need extended unemployment ben- that in these debates we so often get (Mr. KILDEE) is quite right. We should efits. This sour economy has lost 2 mil- sidetracked into discussions of ide- oppose this bill. I have to say that I lion jobs since President Bush took of- ology, and I think it is important we think my colleagues on the other side fice. This bill does nothing to address focus on the bill before us. I certainly of the aisle are simply describing a bill these issues, the most pressing facing have great respect for those on the mi- that is not before us, because they talk our workforce today. Instead, H.R. 444 nority side and understand and appre- about this as being supplemental and creates an untested and risky job- ciate some of their concerns. providing flexibility to the unemployed training voucher scheme. I think it is important that we point worker. This voucher scheme cuts off workers out that this is a pilot bill. This is not Now, clearly, we would like to do from regular job-training benefits when something that is going to directly im- that, because we have 8 million unem- they accept a PRA. This legislation pact all workers everywhere in the ployed individuals in this country. We also demeans workers by assuming country. And the reason I think this is have 90,000 people who are exhausting that those receiving unemployment important to point out is that, as the their unemployment benefits a week in benefits need a financial lure to go chairman mentioned, there will be sev- this country who still have not been back to work. eral different programs that people can unable to find employment, who are in I am not sure about other congres- allocate their money into. And let us desperate straits. So, clearly, there is a sional districts, but unemployed work- see if Congress cannot find out exactly need for what they are describing. ers in Flint, Michigan, my hometown, where people want to put their money. But let us understand something. and other areas of Michigan do not So if 50 percent of the money goes to What they are describing in terms of need an incentive to find work. They child care, and 10 percent goes to en- flexibility is already available in the are in desperate search of work right hancing computer skills, and 40 percent law under the WIA bill that we are in now. They do not need an incentive to goes into career counseling, pretty the process of reauthorizing. They can be able to afford their mortgage or to soon Congress is going to get a picture provide you child care stipends if it provide for their family. They need as to what is really important to work- helps you take advantage of a com- jobs. ers and where those resources need to puter training program or a program at be allocated. This certainly represents the community college or a program of b 1115 an innovative approach to providing a collaborative in your community. I am surprised there are those in this assistance to unemployment workers. They can provide you a transportation body that think that American work- As the chairman mentioned, we live voucher to get to that program if that ers need a financial incentive to find a in a different world. I think the aver- is what is necessary. job. The real story behind this bill is age worker today may have as many as That is why we designed the law that that it simply fails to address the most four or five different jobs. And this is way, because we know that the unem- pressing needs of the American worker. not necessarily because the economy is ployed come to these programs, and It is a sham. bad, it is simply because the economy their needs are varied. Some people Let us look at the real problems fac- is changing consistently. So almost ev- have automobiles, and some people do ing the American worker. Two million eryone at one time or another is going not. Some people have access to trans- jobs have been lost since the beginning to be between jobs or without a job. portation, and some people do not. of the Bush administration, 8.2 million I think this approach offers some Their child care came with the job, and individuals are unemployed, 1.5 million unique opportunities. It certainly of- now they have lost it. That is why we workers have exhausted their unem- fers great flexibility, and this is the built in that flexibility in the current ployment benefits, wages have barely critical part in job training. It may program.

VerDate May 21 2004 00:20 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.014 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3731 What this says is if you go for the ment Act. But I think all of us realize The Nevada impacts are such that we bait on the hook, which is a grant, that that they have been unwilling to go to are now the bellwether for the econ- could be up to $3,000, you are then pro- conference, and we believe that we omy across the United States. The hibited from participating in those pro- have got every responsibility known to economy is turning around as Nevada grams unless you take the $3,000 or the man to help those people who are un- has turned around. People are getting $500 or the $700. Because at $3,000 you employed and need help. back to work. In Nevada alone we have are only going to take care of 16,000 Secondly, let me say that, once created close to 60,000 new jobs in the people. We have 90,000 people who are again, we are getting into a debate last year. We are in a 4.3 percent unem- losing their unemployment benefits a about the perfect becoming the enemy ployment rate, a true bellweather for week. But if you take the $500, you of the good. What this bill does is set the economy as it is improving across then have to pay for the programs that up a pilot project that allows unem- the country. are currently available to you in your ployed workers who qualify the option And credit goes to labor and business community under the WIA act for free. of this $3,000 reemployment bonus. The working together. As our business com- What is the deal here, folks? You are real key here is that they, the unem- munities change, as has our labor com- no better off. It is not supplemental. ployed workers, get to decide what munity, such as the Culinary Union You have just lost your eligibility to kind of training they need, what kind working closely with business. But na- what may be very good, comprehensive of education they might need, what tionwide housing starts, all-time high; training programs. kind of services they may need to help gross national product, all-time high; In my community, industry is com- them get back on their feet and into Wall Street, every day we are seeing ing to community colleges and to the good work. They get to decide, not improvements. Nationwide, 1.1 million work incentive force all of the time to some bureaucrat in some office some- new jobs since last August, 625,000 jobs say we would like to structure a pro- where. They get to decide. in March and April alone. gram in the community to provide us X And this option of allowing them But, more importantly, the greatness number of people in biotechnology and that flexibility, I think, is worth try- of society, the greatness of America is high technology and refining business, ing. That is what we are asking for not based upon our checkbooks. It is whatever it is. That is the needs in our today: Let us try this. Let us see what what we do to help those folks that community. happens. Let us see if this additional need help. H.R. 444 does just that. It You take this $500 voucher, you lose flexibility for unemployed workers provides a voluntary program, a vol- the eligibility to go to those programs. does, in fact, help them get the train- untary program for States to choose if This is neither flexible nor supple- ing, retraining they may need to find a they want to be a part of this program. mental. It takes away what people now good job. It is a demonstration project, but, have available to them. And if you Mr. Speaker, I yield such time as he more importantly, it is a new tool to took this $50 million, which obviously, may consume to my colleague, the gen- train our workers in this new global given the President’s memo on 2006, is tleman from Nevada (Mr. PORTER) the environment. going to be cut from other job training author of this bill. The benefits, we have touched upon programs, if you added $50 million, you Mr. PORTER. Mr. Speaker, I rise in them this morning but I would like to could provide much more child care to strong support of H.R. 444 for multiple cover them one more time. those individuals who need that to par- reasons. Transportation. Many of these folks ticipate in retraining and to get ready First of all, we are facing an ever- in Nevada have a hard time getting to for the next employment opportunity changing economy both nationally and the job for the interview. or need transportation costs covered so internationally. Could you imagine Day care. Why not allow moms and they can get to the community college just a few years ago going go to the gas dads to have some assistance? Many or they can get to the training pro- station and you would not have help or need a telephone, simply a telephone to gram or to the licensure program, an attendant, you would have a piece help receive that call when the job is whatever it is they choose. That is all of technology taking your credit card, available. available in law today. you enter it into the gas pump, or go to And Nevada, being one of the fastest- The Republicans have said this is Ca- the grocery store where people are growing States regarding the Hispanic reer Week. This is Career Week in the being replaced by technology? Can you population, we need help with language United States House of Representa- imagine going to rental car agency and and language barriers. tives. The only career we keep dealing it all being done electronically? So we There are those that will say that with is legislation that doesn’t do any- are facing quite a change in the world these tools exist today. I am sorry, but thing. We are making a career out of and here in the U.S. it is very complex, very confusing. This providing answers that do not answer Nevada, as my colleagues know, is provides for a one-stop, easy access and the questions that workers are asking. one of the fastest-growing states in the a matter-of-fact choice. So the em- We have got to stop this. country but is also the entertainment ployee who needs help the most can We ought to get on with the WIA bill. and resort capital of the world. There make the decision and receive the bal- We ought to get it reauthorized. We was a day when we depended solely on ance if they are employed within the 13 ought to make sure that the funding is the gaming economy. Not only gaming weeks. there so that all of the flexibility that today is number one, we are the top So, in summary, Mr. Speaker, I ap- is in that law can be utilized by the 8 shopping destination and restaurant preciate the opportunity to speak on million American workers who are destination in the world because we this very important tool as we enter looking for jobs in this economy and have had to change and change dra- this new environment, provide a new have been unable to find them. matically. tool for a new economy. It is flexible, it So I would hope that my colleagues The National Chamber of Commerce is voluntary, and it provides choice for would join the gentleman from Michi- has said that 40 percent of the jobs in the employee. gan (Mr. KILDEE) and vote against this the future do not exist today. They legislation, understanding that this is have also said that 75 percent of the b 1130 harmful and, in fact, it will subtract workers as we know them today must Mr. Speaker, I appreciate the oppor- from the total job training package change their skills and their tech- tunity to speak on behalf of H.R. 444, that this government is making avail- nology. and I appreciate Members’ votes. able to those unemployed and to their Then we look at what happened after Mr. KILDEE. Mr. Speaker, I yield 3 families. 9/11. September 11 changed the world. minutes to the gentleman from Massa- Mr. BOEHNER. Mr. Speaker, I yield The community of Nevada was literally chusetts (Mr. TIERNEY), a member of myself such time as I may consume. out of business for 90 days. But because the committee. Mr. Speaker, we probably would not of the resilient business community, Mr. TIERNEY. Mr. Speaker, I thank be here today if the other body would because of labor working in concert the gentleman from Michigan (Mr. KIL- actually go to conference on the reau- with our resort industry, we are com- DEE) for yielding me time, and I thank thorization of the Workforce Invest- ing back stronger than ever. him for his work in opposition to this

VerDate May 21 2004 02:34 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.016 H03PT1 H3732 CONGRESSIONAL RECORD — HOUSE June 3, 2004 bill. I think he has it exactly right, Mr. GEORGE MILLER) said. But what they tailor-made job to go into employment, Speaker. These PRAs, as they are want to do here is take a program that and I employed people that way every called, the personal reemployment ac- averages 5 to $6,000 in costs for job- day for 22 years before I came to Con- counts, are presented to us in the face training programs now available to in- gress. of over 2 million jobs lost under this dividuals that have lost their jobs and It is a creative way to approach the present Republican administration. substitute it for up to $3,000 which will needs of some people in looking for em- One and a half million workers have fall far short in which they are sup- ployment. exhausted their unemployment insur- posed to pay for that 5 to $6,000 worth Secondly, what is so important for us ance benefits. President Bush and the of job training and child care and to consider today is the present-day en- House Republicans refuse to extend transportation and housing assistance vironment. The number of unemployed those unemployment benefits despite and relocation services and career has been reduced from its peak because these facts. counseling. the American economy is improving. Even Federal Reserve Chairman Alan This must be a miracle $3,000 per per- Those that are unemployed in many Greenspan thinks it is a good idea to son because it is shrinking as the needs cases may be those who are more in extend those benefits. The money is al- are there. The present system, Mr. need of specialized training or help ready in the trust fund. It is the right Speaker, is working. It is one that peo- that otherwise might have been true a thing to do morally. We have done it in ple have worked on in a bipartisan na- year ago or 6 months ago. It is only the past, in the first Bush administra- ture. This is what we need to do, not right to grant that flexibility. And as tion. We did it five times. It is the eco- false programs, but deal with the real long as we cannot get an agreement to nomically wise thing to do. For every needs of the unemployed. Give them go to conference on the base bill that dollar invested in unemployment bene- extended unemployment benefits and now lies in limbo, it is only appropriate fits, $1.73 comes back into the economy give them a chance to get a job. we take the right initiative. because people that get it have needs. The SPEAKER pro tempore (Mr. I want to end with this. There are They have rent or mortgage payments SIMPSON). Does the gentleman from two basic motivators in human nature. to make. They have health care bills, California (Mr. MCKEON) wish to con- One is risk and the other is reward. car payments, education costs, gro- trol the time of the gentleman from This approach takes the reward ap- ceries. That is what this economy Ohio (Mr. BOEHNER)? proach and the incentive approach and needs right now to give those people a Mr. MCKEON. Yes, Mr. Speaker. even in the end has the encouragement boost so they can survive while they The SPEAKER pro tempore. Without for residual funds to remain with the are looking for a job. objection, the gentleman from Cali- grantee, if they are employed earlier But the administration and the Re- fornia (Mr. MCKEON) will control the than they otherwise might have been. publicans in the House seem afraid time of the gentleman from Ohio (Mr. Any other approach is for people to that extending those benefits will be an BOEHNER). fear flexibility, to fear choice, and to admission of their failed economic poli- There was no objection. fear creativity. Those are not things cies, the fact that we have had two tax Mr. MCKEON. Mr. Speaker, I yield 3 we should fear. Just as we proved in cuts for millionaires while we are minutes to the gentleman from Geor- welfare-to-work, with targeted funds, fighting two wars, and regular Ameri- gia (Mr. ISAKSON), the vice-chairman of with flexibility, with child care, with cans are the ones being asked to sac- the Subcommittee on 21st Century training, we could take a life of de- rifice. So these so-called PRAs are of- Competitiveness. pendency and turn it into a life of inde- fered, actually they are reoffered as Mr. ISAKSON. Mr. Speaker, I thank pendency. I will subscribe to that every you have heard, as this is a bill that the gentleman from California (Mr. single time. was already presented through the MCKEON) for yielding me time. I thank Mr. KILDEE. Mr. Speaker, I yield House and advisedly passed. It provides the gentleman from Nevada (Mr. POR- myself such time as I may consume. no employment, no unemployment ben- TER) for his work on this. Chairman Greenspan before the Com- efits, no job creation. There is no new The discussion I have just heard was mittee on Education and the Workforce money to get people to work. In fact, it about what this bill is not. I would like indicated that he supports the exten- is going to be funded through cuts in to talk for a second about what this sion of unemployment benefits. And existing programs. And because we are bill is. after he made that statement, of $500 billion in deficit, it is pretty clear This is a creative opportunity at the course, the President of the United that there is not going to be enough election of the local WIA board and at States announced that he would re- money there for the $3,000 that people the election of the applicant for the appoint Alan Greenspan, would extend are talking about. It is going to in fact grant to take a creative approach to his tenure. Well, if he does that, let us be far less per person. take someone from unemployment to extend those unemployment benefits In brief, it is robbing from proven employment. which Mr. Greenspan supports. programs that are effective job-train- Now, outside the Beltway there is a Mr. Speaker, I yield 3 minutes to the ing programs for an experiment that is real world; and in the 22 years prior to gentleman from New Jersey (Mr. AN- designed to fail. It is built on a false my election to this Congress, I ran a DREWS). premise. We had Secretary Chao come company, a company substantially all (Mr. ANDREWS asked and was given before the committee and when asked of whose employees were second or permission to revise and extend his re- why she would not extend unemploy- third career which meant they might marks.) ment insurance benefits, she said be- have come out of a job loss, a job trans- Mr. ANDREWS. Mr. Speaker, I thank cause the administration thought that fer, or a temporary unemployment be- my friend, the gentleman from Michi- was an incentive for people not to look cause of the birth of a child or illness gan (Mr. KILDEE), for yielding me time. for work. That is an insulting, false or whatever. And I can tell you in this I rise in opposition to the bill. premise. Two million people are invol- unique world that we live in there is I suppose if you are one of the 8 mil- untarily unemployed during this term. not a one-size-fits-all formula in terms lion unemployed Americans listening For every three people looking, there is of the requirements necessary for re- to this debate, Mr. Speaker, you won- only one job. Many people that are get- employment. der what this bill would mean to you. ting a job are getting it at 21 percent To allow the option for a local board First, if you live in one of the many, less pay than the job that they lost. to create these personal reemployment many States that would not be part of Although the bill proposes $3,000, it is accounts and the option for an indi- this pilot program, it means nothing. more likely that people will get far vidual to accept the waiver and apply Second, if you are in one of the States less. The one-stop centers that we have for the funds does the following things: or counties that has the pilot program, now are the centers that have the flexi- it takes a person who is otherwise em- you keep hearing about this $3,000, bility. They are serving the needs of ployable but in need of specific tar- there is no $3,000. This bill was not people. In fact, they provide for the geted help, whether it is in specific funded in the President’s budget. other things that were talked about, as training, whether it is in child care or If money would be scraped together the gentleman from California (Mr. whether it is in transportation, to do a for it, it would come out of something

VerDate May 21 2004 00:20 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.018 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3733 else that helps unemployed people. It is the manufacturing sector is also bright return to work, we will continue this up to $3,000. So someone listening to after adding jobs for 3 consecutive economic resurgence to keep the U.S. this, Mr. Speaker, should not assume months. In fact, on Tuesday the Insti- jobs-creation engine running strong. that he or she is going to get a $3,000 tute for Supply Management reported The Worker Reemployment Accounts voucher. But let us assume that you that its manufacturing employment Act provides a unique approach to live in one of the pilot counties and the index advanced in May for the seventh helping displaced workers return to money is there to some extent. What consecutive month and is now at the good jobs and deserves every Member’s does this mean? It means you are un- highest mark in 31 years. Moreover, support. employed and you get a choice. You the unemployment rate fell to 5.6 per- Mr. KILDEE. Mr. Speaker, I yield can either take all the services that cent in April, lower than the average such time as he may consume to the the law presently provides like job unemployment rate during the 70s, 80s gentleman from Maryland (Mr. training, like counseling, like trans- and 90s. CARDIN). As an example, my home State of portation, like child care; or you can b 1145 give up your right to receive those California added more than 61,000 jobs services for a year and take this check from December 2003 to April 2004. Mr. CARDIN. Mr. Speaker, let me of up to $3,000 instead. Under the leadership of the President thank the gentleman from Michigan Now, if you have looked at the price and Congress who are focusing our ef- (Mr. KILDEE) for his leadership on this of sending children to child care, $3,000 forts to make America more globally issue and helping working people in our does not go very far. If you have looked competitive, our Nation’s economy is country; and, Mr. Speaker, let me say at tuition at a career college or a com- strengthening and adding momentum I wish that the comments of the last munity college, $3,000 does not go very every month. Despite these encour- speaker, my colleague, were true in re- far. If you have looked at the things aging signs, we need to do more to help gards to the economy, but the facts that people need to do to get to work displaced workers get back on their speak to something quite different. or find work, it does not go very far at feet. The Worker Reemployment Ac- If we take a look at the jobs that all. So the premise of the bill seems to counts Act is a step in the right direc- have been created within the last sev- be that people are not taking jobs be- tion and an innovative approach to eral months, we find we have traded cause it is better to stay on unemploy- helping workers find good paying jobs. very good jobs, jobs in this country, for ment than it is to go get a job. I would The bill authorizes funding for a pilot jobs that are paying much lower wages. suggest, Mr. Speaker, that anybody program that would help workers with When we look at the total record over who thinks that has probably never personal reemployment accounts of up the last 3 years, we find we have lost been on unemployment. to $3,000 to purchase employment-re- millions of jobs. When we look at the The idea here is not that the $3,000 is lated services to help them return to unemployment rate in this Nation, we going to be an incentive for people to work. This is a flexible approach that find that many people have just given go get a job. People are not taking jobs empowers Americans to find good-pay- up hope, and that is why the unemploy- because the economy is not creating ing jobs. Funds from these accounts ment rate may appear to be higher the jobs. For every three people look- can be used for job training, career than it really is, but many people in ing for work in America today, there is counseling, relocation services, child this Nation who are looking for jobs one job. That is the problem that we care, and housing assistance among cannot find jobs and have literally left ought to fix. We ought to extend unem- others. the labor field altogether. ployment benefits for those without a One of the best elements of the plan Mr. Speaker, we have a problem in job. We ought to pass the transpor- is that any unspent balance in the ac- our economy, and the problem can first tation bill so that we put 300,000 Amer- count can be kept by workers who find be summed by saying we do not have icans to work. We ought to adopt the work within 13 weeks. It is a great in- enough jobs. We need an economic pro- Ryan proposal from yesterday that centive. gram that will create more jobs for would create 100,000 new jobs for first The personal reemployment account Americans. responders to deal with our homeland will be administered through the one- Number two, Mr. Speaker, we have security problems. That is the way to stop career center system established millions of Americans who cannot find fix this problem. Not this bill. under the Workforce Investment Act, employment, and they need help called I would urge my colleagues to oppose where displaced workers already seek unemployment insurance, which in the bill. employment assistance. State and every prior recession and downturn Mr. BOEHNER. Mr. Speaker, I yield 3 local workforce boards that want to Democrats and Republicans have come minutes to the gentleman from Cali- participate will apply to the Secretary together to extend unemployment ben- fornia (Mr. MCKEON), the original au- of Labor for competitive grants to offer efits. We have a fund to do this. There thor and I would describe as the father personal reemployment accounts to un- are millions of dollars in that fund, but of the Workforce Investment Act. I ap- employed workers. yet the majority refuses to allow us to plaud him on his good work. An individual who receives an ac- vote on the unemployment compensa- Mr. MCKEON. Mr. Speaker, I thank count must be receiving unemployment tion. the gentleman for yielding me time. benefits, be identified by the State as So the first issue is the issue of jobs, Mr. Speaker, I rise in strong support likely to exhaust his or her benefits, and we need an economic plan that will of H.R. 444, the Worker Reemployment and be eligible for at least 20 weeks of create jobs. Unfortunately, the admin- Accounts Act, which offers new assist- unemployment compensation. These istration has pursued a fiscally reck- ance for unemployed workers in the accounts are a new benefit that would less economic plan that has added tril- form of personal reemployment ac- work in tandem with unemployment lions of dollars to our national debt counts that would help workers that insurance as an additional vehicle for and is killing jobs rather than creating need it the most return to work quick- helping workers in their efforts to find jobs because of government debt. ly. good jobs. It would not create an en- The record over the last 3 years, mil- I would like to thank my good friend tirely new and complicated system to lions of fewer jobs here in this Nation. from Nevada (Mr. PORTER) for his hard administer, as some on the other side People are hurting, Mr. Speaker. We work and the things he has done in get- of the aisle are proposing. need to do something about it. Eight ting this legislation here, and also the Over the past 2 years, Republicans million Americans are unemployed gentleman from Ohio (Mr. BOEHNER) have taken numerous steps to help un- today; 1.8 million of them have been for his work and leadership in getting employed workers, and this is another without a job for 6 months or longer. this bill to the floor. way we are responding to needs of We have record numbers of people who With 1.1 million new jobs created in Americans who find themselves with- have exhausted their State unemploy- the last 8 months, and 625,000 jobs out work. ment benefits. added in March and April, it is clear The U.S. economy is strong and get- Since we allowed last year the expi- that our economy is strong and on the ting stronger. By giving job seekers all ration of the Federal unemployment right track. The economic forecast for the necessary resources they need to insurance benefits, we have found 1.5

VerDate May 21 2004 00:20 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.021 H03PT1 H3734 CONGRESSIONAL RECORD — HOUSE June 3, 2004 million workers have exhausted their extension of unemployment insurance all this money? Instead, we have a bill State benefits without the benefit of to meet the needs of those millions of which apparently those who crafted it the Federal unemployment insurance; Americans who are desperate today for believe that left to their own devices yet, the Republican leadership has re- Congress to take action. Why are they the 8.2 million unemployed workers in fused us a vote on this floor of an ex- desperate? Well, let us look at what America would prefer to simply remain tension of the Federal unemployment happened. jobless. insurance benefits. They know that a The economic record of this adminis- With that analysis and thus the the- majority of the Members of this body tration will show that over a period ory that underlies, this bill is abso- would vote in favor of that legislation, from January of 2001 to April 2004, lutely wrong. Unemployed Americans and yet they deny us a vote on the ex- there has, in fact, been a substantial are unemployed not because they want tension of unemployment benefits. increase in the unemployment rate to be, but because they cannot find Nineteen billion dollars is sitting in from 4.2 percent in January 2001 to 5.6 jobs. Since the recession began 37 the Federal unemployment trust ac- percent in April of 2004. Let us look months ago, 2.2 million private sector count, $19 billion which is accumulated more closely at this. jobs have disappeared, a 2 percent con- exactly for this purpose, to help the What we have here is of great con- traction in the job market. In every unemployed worker; and the majority sequence to millions of Americans be- previous episode of recession and job of Republicans refuse to allow us a vote cause in this period, from January 2001 decline since 1939, the number of jobs on extending those benefits to those to April 2004, we have seen long-term fully recovered to above the pre-reces- who need it. unemployment nearly triple. In other sionary peak within 31 months at the So, Mr. Speaker, we have a problem. words, there are not only more people start of the recession. This time, how- We have a problem with the wrong eco- unemployed, but more people are un- ever, it has not happened. In fact, if nomic program, and we have a problem employed for longer periods of time, employment had grown by the 2.2 per- of not helping those people that are un- which means a tremendous adverse cent rate that occurred in the past employed. economic impact on their families. three recessionary cycles, today’s labor This bill does nothing in that regard. In January 2001, there were approxi- market would have 5.2 million more We should be debating programs to cre- mately 680,000 people in this country jobs. Instead, we can all point to lost ate new job opportunities in America, who were unemployed more than 26 jobs, and that is all we can point to and and we should be extending unemploy- weeks; but now, in April of 2004, under more lost jobs. ment benefits to those who do not have the economic policies of this adminis- Well, the administration has re- the employment. I regret that we are tration, the unemployment rate for sponded to the situation by refusing to not doing that today. those who have been unemployed for extend Federal unemployment bene- I would urge my colleagues to listen more than 26 weeks has gone to 1.8 mil- fits, an action that is already paid for to the motion to recommit, because lion, nearly three times. This, of by the unemployment trust fund; 1.5 that is the only opportunity we are course, means that there is real des- million workers remain without a pay- going to have that will be offered by peration on the part of many American check and without an unemployment the gentleman from Michigan (Mr. KIL- families to get some help. check. The number of individuals who DEE) that at least will give us a chance Now, let us put this in a historical have exhausted their State unemploy- to help us do something to help Amer- context. How do we take the economic ment benefits without finding work is ican workers. policies of this administration with re- at the highest level ever recorded. Mr. BOEHNER. Mr. Speaker, I respect to job creation and with respect This bill ought to be defeated. It is a serve the balance of my time. to the lack thereof and put it against nonsolution. It is time for Congress to Mr. KILDEE. Mr. Speaker, I yield 6 all administrations over the last 70 act in bringing unemployment insur- minutes to the gentleman from Ohio years? This comparison is noteworthy ance extension to the floor of this (Mr. KUCINICH). because what we see here is that going House. Mr. KUCINICH. Mr. Speaker, I thank all the way back to the time of Herbert Mr. BOEHNER. Mr. Speaker, I am the gentleman from Michigan (Mr. KIL- Hoover, there has not been a worse pleased to yield 3 minutes to the gen- DEE) very much for the time, and it is condition where we have seen an actual tleman from Nevada (Mr. PORTER), the a pleasure to work with him on the decline in private sector jobs. In this author of this bill. committee to protect the rights of whole arc of a 70-year period, we see in Mr. PORTER. Mr. Speaker, I would workers and also to speak to the con- one administration after another, Dem- like to address the top five false claims cern of unemployed Americans. ocrat and Republican alike, this ad- that we have heard today about H.R. I rise to strongly oppose H.R. 444, the ministration has failed to meet the 444 with some of the facts. Worker Reemployment Accounts Act tests that all other administrations, False claim number 5: a reemploy- of 2004. I would like to begin with a re- Democratic and Republican alike, have ment bonus cannot motivate workers flection here. met; and, in fact, we have here an ac- to find jobs that do not exist. The Alan Greenspan, the Chairman of the tual decline in private sector jobs, only truth: as Republicans, our tax and Federal Reserve, recently appeared in in this administration. growth programs over the past year Washington to talk about unemploy- So what should be the solution right have created 1.1 million new jobs, ment and about unemployment insur- now with so many people suffering? We 625,000 coming in March and April. ance, and he said ‘‘that when unem- have been told this by the Chairman of These job opportunities are becoming ployment is created, through no fault the Federal Reserve. Our unemploy- more available, and we have to ensure of the workers’ actions, then I think it ment system is very well structured, that those chronically unemployed is clearly to our advantage to find and it has worked the way I think we have the new tools and new skills to ways of creating support in our system, wanted it to work. Alan Greenspan face this new economy. and as a consequence, in times like again said that on March 11 of this False claim number 4: PRAs do not this, I have supported the issue of ex- year. provide workers with greater flexi- tension of unemployment insurance.’’ So we should be here talking today bility. Rather, if workers choose a That is Alan Greenspan, the chairman about an extension of unemployment PRA, they would be prohibited from of the Federal Reserve. benefits. Not only is it important in using WIA services for a full year. Mr. Now, there is an urgency about this terms of recognizing the abysmal fail- Speaker, the truth: reemployment ac- issue about unemployment, and I ure of an administration in dealing counts provide the unemployed with a would submit that the solution that is with the creation of jobs, but with means of developing an individual spe- being offered today by our friends in knowing the suffering of working fami- cific plan for regaining employment. the majority is a false solution. We lies who are not getting any relief The prohibition against WIA services is have the chairman of the Federal Re- whatsoever at a time when the fund, as to prevent double dipping. I think that serve ready to recognize the urgency of the gentleman from Maryland (Mr. is appropriate. unemployment insurance. It is obvious CARDIN) pointed out, keep building up False claim number 3: PRAs will be that we ought to be providing for an and up. What are we going to do with used as an excuse to not extend the

VerDate May 21 2004 00:20 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.023 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3735 Temporary Emergency Unemployment now offered through the One Stop Cen- the person with the account chooses to Compensation Program. The truth, Mr. ters, at no cost to the unemployed purchase services there, however, all Speaker: Republicans have consist- worker, would have to be purchased, individuals remain eligible for the core ently supported extending unemploy- meaning that unemployed workers services provided by the Career One ment benefits. These PRAs are a sup- would now be charged for services that Stop. Such services include job search plemental approach to benefits and they can currently receive for free. and placement assistance, including represent one more way that Repub- To give an idea of the difference, career counseling, where appropriate, licans are using to help Americans find those who utilize One Stop job training and access to labor market informa- new jobs and get back to work quickly. programs right now receive an average tion. False claim number 2: reemployment of $5,000 to $6,000 in services, about dou- Now the idea here is that we allow accounts come at the expense of other ble the maximum allowed under this individuals $3,000, giving them the WIA job training and employment pro- bill. So we should not be fooled. The right to choose the types of services grams. The truth, Mr. Speaker: while goal of this bill is not to provide addi- that they think will help them get appropriators will ultimately deter- tional reemployment services or job back on their feet and find a good job. mine the allocation of these dollars, training funding for unemployed work- They can purchase those services at the funding for PRAs will flow through ers; rather, it is to pave the way for the Career One Stop or they can go the discretionary fund of demonstra- placing a Federal cap on these services. down the street and go to a community tion projects, not the funds used for In an economy with a million and a college if they want. But the core serv- other services. half workers who have already ex- ices that the Career One Stops provide False claim number 1 on the top of hausted their unemployment benefits, for all individuals, these persons with the list: H.R. 444 would restrict, rather reducing these services without pro- the $3,000 personal reemployment ac- than expand, the amount of job train- viding any job creation program is not counts, would still be eligible for those ing and other reemployment services. only bad economic policy it is outright core services. Mr. Speaker, Republicans have dismissive of what these families are Mr. Speaker, I reserve the balance of prioritized funding for job training. Re- going through day after day, particu- my time. employment accounts are a voluntary larly women in transition, nearly half Mr. KILDEE. Mr. Speaker, how much program that allows for personalized of whom are already finding Workforce time do I have remaining? and streamlined reemployment serv- Investment Act services, like local The SPEAKER pro tempore (Mr. ices. No one is forced to use the ac- women’s education and training pro- SIMPSON). The gentleman from Michi- count, and the purpose of the legisla- grams, insufficient. gan (Mr. KILDEE) has 21⁄2 minutes re- tion is to provide the most effective Mr. Speaker, the unemployed work- maining, and the gentleman from Ohio use of funds for the unemployed. ers in this country do not need ‘‘an in- (Mr. BOEHNER) has 6 minutes remain- centive’’ to look for work. Supporting ing. b 1200 a family without a job is incentive Mr. KILDEE. Mr. Speaker, I yield 11⁄2 Again, I encourage strong support for enough. What they need is a job. Con- minutes to the gentlewoman from Cali- H.R. 444. gress should be expanding job training fornia (Ms. WOOLSEY). Mr. KILDEE. Mr. Speaker, I yield 1 and job training access, not limiting Ms. WOOLSEY. Mr. Speaker, it is minute to the gentleman from Cali- them, as next year’s budget does. We about time we address unemployment. fornia (Mr. GEORGE MILLER). should be extending health and unem- Unfortunately, H.R. 444 is not the legis- Mr. GEORGE MILLER of California. ployment benefits to the unemployed, lation that will truly put Americans Mr. Speaker, I want to say to the gen- not letting them expire in the face of back to work. It offers only a tem- tleman from Nevada (Mr. PORTER) that serious unemployment. porary solution for a limited pool of he ought to read the bill, because truth Historically, this country, Repub- unemployed workers and is a poor solu- and facts are about what the language lican or Democrat administrations, tion to the ongoing unemployment of the bill says. have extended unemployment benefits problem of this Nation. If you read on line 16, page 15, ‘‘For in time of need. As a Nation, we have Rather than PRAs, personal reem- the 1-year period following the estab- said we are going to help people on a ployment accounts, we need across-the- lishment of the account, recipients temporary basis meet these unemploy- board investments in the Workforce In- may not receive intensive, supportive, ment challenges that they have. Not vestment Act, WIA, and the Unemploy- or training services funded under this this administration. What do they say? ment Insurance, UI, programs. These title except for the fee-for-services They say, if we extend those benefits, are the existing programs that need basis.’’ people will not go out and look for a help so a broader number of workers The gentleman obviously has not job. That is the opinion they have of stabilize their lives and develop the read the bill. That means that you ei- working people in this Nation. necessary skills to secure new jobs. ther pay for it with the stipend the I say to my colleagues on the other Proper funding of these programs gentleman says he wants to give them, side of the aisle, walk in the shoes of would make the difference. Finding which provides them no additional new the unemployed; understand what it ways to give unemployed workers real services, no flexibility. So do not stand means to live paycheck to paycheck. jobs is the real solution to the national up here and talk about facts or truth. We do not have to worry about that in unemployment problem, not a bill that Read the bill. Read the bill, and the this body. There are folks in this coun- puts additional burdens on the States, gentleman will find out what he is try who worry about that every single threatening to undo the Federal unem- doing is denying them the services that day. The unemployed workers in this ployment system in the first place. are already available to them today. country deserve better. Let me also remind my colleagues Mr. KILDEE. Mr. Speaker, I yield 3 Mr. Speaker, I urge my colleagues to that $1 billion invested in highways minutes to the gentlewoman from Con- oppose this bill. and transit creates 47,500 new jobs. If necticut (Ms. DELAURO). Mr. BOEHNER. Mr. Speaker, I yield we really want to create jobs, we Ms. DELAURO. Mr. Speaker, this bill myself 1 minute. should be moving forward with the would establish a demonstration There was a discussion here about transportation bill. These jobs pay a project that would ostensibly offer per- what would happen if workers chose to living wage, give workers the oppor- sonal reemployment accounts to work- take a $3,000 personal reemployment tunity to better their communities, ers, providing up to $3,000 in assistance account and their ability to access while at the same time supporting for the purpose of finding a job and services at the Career One Stops. I just their families. paying for services that would help want to set the record straight. H.R. 444 is not a real solution. The lead to employment. While it is true that recipients would real solution would grant unemploy- Sounds good on the surface, but, as be prohibited from accessing intensive ment extensions when finding work with every bill this administration or training services through the One takes longer than the length of the ini- puts forward that impacts workers, Stop career system for 1 year after the tial benefits, not a bill that forces there is a catch. Employment services creation of the account, unless, unless workers to choose between receiving

VerDate May 21 2004 00:20 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.025 H03PT1 H3736 CONGRESSIONAL RECORD — HOUSE June 3, 2004 WIA benefits or PRA benefits with no (Mr. HOLT asked and was given per- and educational services for American flexibility to go back to one when the mission to revise and extend his re- workers is at an all-time high. other is exhausted. marks.) During our hearing, when we had Mr. Speaker, H.R. 444 is false secu- Mr. HOLT. Mr. Speaker, I rise in op- Alan Greenspan in front of our com- rity. position. What we should be doing mittee, he said this: ‘‘We need to in- Mr. BOEHNER. Mr. Speaker, I am today is voting to extend unemploy- crease our efforts to ensure that as pleased to yield 2 minutes to the gen- ment benefits. However, the Repub- many of our citizens as possible have tleman from Kansas (Mr. TIAHRT). lican leadership will not let that the opportunity to capture the benefits Mr. TIAHRT. Mr. Speaker, I thank amendment be offered, even though or that flow from that engagement. For the gentleman from Ohio (Mr. maybe because they know it would reasons that I shall elucidate shortly, BOEHNER) for his leadership as chair- pass. one critical element in creating that man on the Committee on Education Not only will the majority not assist opportunity is the provision of rigorous and the Workforce. He is doing a tre- workers who need jobs, but the authors education and ongoing training to all mendous job. I also want to thank the of this bill assert that unemployed members of our society. This proposal gentleman from Nevada (Mr. PORTER) workers need financial incentive to get is not novel. It is, in fact, the strategy for this important legislation that he a job. Now, ask the workers whose jobs that we have followed successfully for has introduced. I am also a cosponsor. have been outsourced whether they most of the past century and a strategy Education and retraining are the need financial incentive to get a job. I that we now should embrace with re- keys to ensuring that the American am really shocked that the authors of newed commitment.’’ worker is the most competitive in the this bill believe the American workers Education and training and ongoing world. Now, this is week three of 8 effectively need to be bribed to get a education and training for the Amer- weeks that the House is dedicating to job. ican workforce is absolutely critical, addressing issues to bring jobs back American workers are not looking Mr. Speaker. into America. These eight issues are all for handouts. They are looking for There has been a lot said here today very important because they are costs jobs. And, even worse, this bill would about the nature of our economy and that are outside the control of employ- effectively bar the recipients of this what is happening, but in a U.S. News ers. They are costs that are driven by money from receiving actual job train- and World Report that is out today, the Federal Government. We are going ing. Contrary to, and I must respect- dated June 7, Mort Zuckerman, in his to lower those costs by undoing some fully differ from the chairman, con- editorial, says this: of the work Congress has done over the ‘‘The economy is well on a tear. New trary to what he says, they would not last generation and freeing up employ- jobs are being generated in large num- get actual job services. Sure, at a job ers to bring jobs back into America. bers. Income is growing at twice the center, if they find an open computer, This week, we also have passed the rate of last year. And the exhilaration they might be able to use it to prepare Teacher Training Enhancement Act, is such that we will probably see 5 per- a resume, but they will not get the the Teacher Shortage Response Act, cent growth in the gross domestic counseling they need. They will not get the Priorities for Graduate Studies product. The jobs reports of the past the training they need. This bill would Act, and now we are addressing H.R. few months have changed market sen- 444, the Worker Reemployment Ac- deny workers the important training timent. Sixty-one percent of private counts Act. opportunities they need. industries surveyed have added work- This Nation has lost more than 2 mil- One of the things I notice about the ers. That is the highest in 4 years. lion jobs under this administration. We complaints about this bill from the Business confidence has surged to a 20- should be dealing with the unemploy- other side is that we want to tell peo- year high, and business spending is ex- ple what to do. This bill gives them ment needs of these workers. I ask my ploding, with even American manufac- flexibility. They can go out and get job colleagues to oppose this risky scheme. turing joining the party. Companies Mr. KILDEE. Mr. Speaker, I yield training. They can get child care. They that once saved every nickel are laying back the balance of my time. can provide for transportation or ca- out more and more money as capital Mr. BOEHNER. Mr. Speaker, I yield reer counseling. The opponents of this equipment to meet growing orders in myself the balance of my time. bill do not want to provide choices be- double-digit rates.’’ cause they do not trust Americans. I think all of us realize that the He goes on to say later in the article, They want to tell people what to do American economy is changing, and I ‘‘We are on a trajectory toward ex- with their benefits. On the Republican think it is changing at a more rapid traordinary growth in the second half side, we say we trust people to make pace than any of us would likely know. of 2004 that will beget stronger job and good choices if they are given some op- During a hearing several months ago, I income growth, stronger retail spend- portunities. found a number of statistics that I ing, and accelerating demand at a time Mr. Speaker, I want to give an exam- really found unusual. If we all think when businesses have cut costs, raising ple of a mother of three, who was work- back for a moment to 1999, the Amer- profit margins to their highest level in ing at the Ratheon Corporation in ican economy was in full bloom, the years. Wichita, Kansas. She wanted to finish stock market was rising, employment her degree, and she got laid off. She levels were at all-time highs, yet in b 1215 could not provide for her child care, so 1999 the American economy lost 35 mil- ‘‘Higher profits will beget more she had to bring her mother back in lion jobs. Yes, that is right. The Amer- spending, which will beget more busi- from out of town to live with her while ican economy lost 35 million jobs. But, ness expansion, which will beget more she went back to Wichita State Univer- in 1999, the American economy also income for workers which should trig- sity and completed her degree. With created 37 million new jobs, a net gain ger yet another increase in demand.’’ this legislation, she would have been of 2 million jobs. Do not look now, but the surging able to carry on her education while Now, let us move forward 3 years to economy may be the real October Sur- her children were taken care of; and 2002. And what happened in 2002? We prise. There is a real surge in our econ- her mother would not have had to quit had a recession, we had the effects of 9/ omy; and for Americans to take advan- her job and move into her daughter’s 11, we had a war going on in Afghani- tage of that surging economy, the kind house. stan, and the American economy lost of education and training that we allow This bill gives people flexibility so 35 million jobs in 2002. The American under the Workforce Investment Act they can go out and get the child care economy, though, in 2002, only created and provide for them should be helpful they need. It is a good piece of legisla- 331⁄2 million new jobs. to them. These personal reemployment tion. It is part of bringing jobs back to This churning that we see in the accounts are a pilot project to give America, and I urge all my colleagues American economy has always been them the choice about the kinds of to vote for it. there, but this churning we are now services they need, the kinds of train- Mr. KILDEE. Mr. Speaker, I yield 1 seeing is happening at a much faster ing or retraining they need to go out minute to the gentleman from New pace than ever before; and, as a result, and take advantage of a surging econ- Jersey (Mr. HOLT). the need for job training, retraining, omy to get a real job for the long term.

VerDate May 21 2004 02:34 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 9920 E:\CR\FM\K03JN7.027 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3737 Mr. STARK. Mr. Speaker, I rise today in op- long-term unemployed. This bill will help less tems. This bill not only ignores those families position to H.R. 444, the so-called the ‘‘Back than 0.2% of the unemployed and will do noth- who need the help the most, it nullifies the ac- to Work Incentive Act.’’ ing for millions of jobless workers, particularly countability provisions contained in our job This bill is based on flawed assumptions those out of work for more than 26 weeks. training programs. H.R. 444 would provide lit- and is an insult to the 1.8 million Americans— The Back to Work Incentive provides a tle if any oversight over program dollars spent 22 percent of the total unemployed—who have $3,000 voucher for only about 15,000 eligible on arbitrarily-chosen training providers. State been out of work for more than 6 months. The workers. These recipients will not be able to certification requirements under the current Republicans believe that all long term unem- access free core services provided through WIA system would be all but removed with the ployed Americans simply aren’t looking for the Workforce Investment Act and they will PRA’s—opening the door for financial abuse jobs because they are living comfortably on an forfeit the opportunity to get up to $10,000 in with no means to correct or even measures average weekly unemployment benefit of other possible Workforce Investment Act serv- the potential abuses. Congress just revamped $256—or about 37 percent of their former ices and benefits available without cost under the job training system in 1998 to provide a wages. That’s ridiculous! existing programs. comprehensive universal system of job assist- H.R. 444 takes $50 million of valuable fund- This bill also does not address the pressing ance services, yet the Majority would cir- ing from effective programs within the Work- problems of lack of available jobs, the need cumvent their own system to create a new force Investment Act to fund ineffective Per- for marketable skills, and sufficient training parallel program. sonal Reemployment Accounts (PRAs). The funds for today’s unemployed workers. This bill also fails to provide relief quickly. purpose of these accounts is to provide an in- Mr. Speaker, in April alone 320,000 of The Congressional Budget Office says funds centive payment of up to $3,000 to unem- America’s workers exhausted their unemploy- for this program would not even reach workers ployed workers to encourage them to find em- ment benefits. The Administration must come until next year—and one out of four eligible ployment faster. It does this despite all of the up with solutions that will provide jobs for all, families would not be helped until fiscal year research, which shows that PRAs don’t work. not just benefits that are temporary for some. 2005. An unemployment insurance extension You would think living off $256 a week would H.R. 444 doesn’t cut it and I urge my col- can provide help to workers in a matter of be enough incentive to find work. However, leagues to vote ‘‘no’’ on this bill. weeks, not months or years—and would cre- these out-of-touch Republicans believe that Ms. JACKSON-LEE of Texas. Mr. Speaker, ate urgently needed short-term economic stim- $256 a week allows households to pay for I rise today to oppose the bill before this body, ulus. their mortgages, groceries, utility bills and col- H.R. 444, the Back to Work Incentive Act of Rather than preparing for another extension of unemployment insurance that will be need- lege educations for their children. 2003. More than 8.3 million individuals are out If President Bush and House Republicans of work, and by one estimate, there are three ed in the late spring, H.R. 444 seeks to utilize are so fond of linking bonuses to job perform- workers for every available job. At the same precious resources to provide assistance to ance, then we should offer the President a time, over 1.2 million unemployed Americans the smallest fraction of the unemployed. This bonus if he actually creates jobs. Since Presi- who have exhausted their federal unemploy- legislation is part of a strategy to undermine dent Bush came to office, 2 million American ment benefits are looking to Congress for ur- and cut funding to the unemployment and job- jobs have been lost. The problem with this gent relief. training systems and head-off another federal economy isn’t lazy unemployed workers, it’s This sad trend means even more to the Afri- unemployment benefit extension that would ineffective economic policy management. can American community. As of January 2004, provide assistance to those who desperately Even more puzzling about this legislation is the national unemployment rate was 5.6%. need it. This legislation bars those who accept Per- that the provisions of this bill do not make The African American unemployment rate was sonal Re-employment Accounts from receiving sense. Supporters argue that PRAs help work- nearly twice that at 10.5%. Unemployment in counseling and training services at a one-stop ers get jobs because the money provided can this community has soared by 26% since reemployment center for one year once the be used for job training and other services versing the trend of the Clinton era when Afri- funds within the account are exhausted. Un- such as child care and career counseling. can American unemployment declined by employed workers currently receive an aver- However, if a worker were to get the max- 48%; from 14.1% in January 1993 to 7.3% in age of $5,000 (and as high as $10,000) worth imum PRA of $3,000 it would not be enough December 2000. of training services under our current WIA sys- to pay for job training alone, which costs on In the City of Houston, the unemployment tem, and yet many of them are unable to find rate has decreased steadily from 6.6% to average $5,000–6,000. That doesn’t take into a sustainable job due to the jobless stagnation 6.0% from November 2003 to April 2004. This account all the other costs unemployed work- of the economy. H.R. 444 would cut millions of kind of trend is partly indicative of the success ers confront. unemployed workers off from access to need- Instead of wasting the American people’s of job training programs that give workers the ed job training or re-training programs. money on unproven programs, this Congress ability to not only retain employment but to im- In addition, the infrastructure that would be should extend unemployment benefits to the prove their earning potential. The bill before us required to administer the PRAs in the base over 1.5 million workers who have exhausted today will have a negative effect on the people bill would take several months, if not a year to their benefits and expand the funding for the of my District and the Districts of all of my col- set up, limiting what immediate help we can free job training already provided under the leagues and should be defeated. provide the unemployed. Workforce Investment Act. These programs H.R. 444 fails to provide the nation’s most Mr. Speaker, for the reasons stated above, provide needy families with immediate eco- vulnerable workers urgently needed assist- I oppose this legislation and urge my col- nomic relief and the necessary skills to find ance and undermines key provisions of the leagues to join me. new jobs. existing Workforce Investment Act. Mr. BLUMENAUER. Mr. Speaker, I would It is time that President Bush and the Re- The crux of this legislation calls for the lur- welcome a constructive approach to help peo- publican Congress stop blaming unemployed ing of financially strapped unemployed work- ple who are struggling with the consequences workers for the lack of jobs in this country. In- ers out of more intensive job training with a of long-term unemployment. For nearly three stead, the Republicans should show some ‘buy out’ that could be as little as $500 or less. years now, Oregon has had one of the highest leadership and take responsibility for their Workers who are struggling must then decide unemployment rates in the entire country. poor economic management. whether to sign up for training or to accept ad- Largely for circumstances beyond our con- I urge my colleagues to vote against H.R. ditional financial support for their families. trol—the national and international economies, 444 and ask the Republican leadership to con- However, if our colleagues on the other side the manipulation of energy markets—Orego- sider legislation to actually help unemployed of the aisle would really like to help these nians have suffered. Unfortunately, this bill workers and create jobs in the United States. workers, they should work to extend unem- falls short of providing meaningful help to the Ms. WATSON. Mr. Speaker, I rise in strong ployment benefits that will provide that ur- 65,000 Oregonians who have lost their jobs opposition to H.R. 444, The Back to Work In- gently needed family support, with no draco- during the Bush presidency. centive Act. The bill does nothing to help the nian cap on job training services. H.R. 444 This bill caps the benefit at $3,000 per un- current labor market, and offering workers re- would require the unemployed to pay for oth- employed worker and provides no assurance employment bonuses does nothing to help the erwise free job counseling and training serv- that it will approach that much for most peo- future of our nations unemployed and won’t ices and ban them from the system if they ac- ple. The one thing that is guaranteed is that help put more jobs into our nation’s struggling cept a Personal Re-employment Account recipients are cut off from other Federal pro- economy. (PRA). grams for one year after they use their ‘‘reem- This bill is a careless attempt to replace the H.R. 444 would undermine our workforce ployment accounts.’’ This is a poor bargain extension of unemployment benefits for the training and unemployment insurance sys- with no guarantee of success.

VerDate May 21 2004 00:20 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 9920 E:\CR\FM\A03JN7.009 H03PT1 H3738 CONGRESSIONAL RECORD — HOUSE June 3, 2004 Congress can and should do better than The SPEAKER pro tempore. Pursu- Extended unemployment benefits create a cynical shell game of taking away ant to the rule, the gentleman from give them the hand up that they need. funding from existing Workforce Investment New York (Mr. KILDEE) is recognize for Average benefits are only about $200 a Act (WIA) programs and reusing them in a 5 minutes in support of his motion to week. This amount is hardly enough to lesser, unestablished program. Congress recommit. incentivize them to stay home indefi- should place its priorities behind what the Mr. KILDEE. Mr. Speaker, my mo- nitely, yet that is what some would President campaigned on and existing, pro- tion to recommit is simple: It author- have us believe. ductive programs: enhancing Pell Grants, fully izes the extension of unemployment Mr. Speaker, 85,000 workers a week funding the WIA, and using the $14 billion al- benefits. are exhausting their unemployment ready in the Unemployment Insurance Trust Mr. Speaker, 1.5 million workers benefits; long-term unemployment is Fund. Congress has established programs have exhausted their initial unemploy- at the highest level in decades. The that are useful, flexible and creative that can ment benefits. These individuals have Kildee motion simply provides a min- help our 8.2 million unemployed workers. This yet to find employment due to this imum level of human decency to these new draconian proposal is ill-advised and very sour economy. Despite the need hard-working Americans. They paid unnecessary. for these workers to provide for their into the unemployment system, and Mr. Speaker, I urge my colleagues to families, this Congress has turned a the unemployment trust fund has over support the bill, and I yield back the deaf ear. We have continually failed to $19 billion in it. Instead of pushing in- balance of my time. ensure the financial security of these effective reemployment account vouch- The SPEAKER pro tempore (Mr. workers and their families. er schemes, we should be providing un- SIMPSON). All time for general debate The question for this House is how employment support. Even Alan Green- has expired. can we pass legislation providing job- span, the chairman of the Federal Re- Pursuant to House Resolution 656, training vouchers when there are no serve, has supported such an extension. the previous question is ordered on the jobs. We need to first ensure the finan- I urge my colleagues to do the same. bill, as amended. cial security of those workers who have Mr. KILDEE. Mr. Speaker, I yield The question is on engrossment and lost their jobs, and we have not done myself the balance of my time. third reading of the bill. that. This amendment does that by au- In conclusion, I would say adoption The bill was ordered to be engrossed thorizing the extension of unemploy- of my motion to recommit would really and read a third time, and was read the ment benefits. begin to touch immediately the needs Mr. Speaker, we have a moral respon- third time. of those people who are unemployed, sibility today. In Michigan and many rather than this anemic approach of- MOTION TO RECOMMIT OFFERED BY MR. KILDEE other States around the country, job fered in the bill itself. I urge that we Mr. KILDEE. Mr. Speaker, I offer a growth is nonexistent or anemic. Na- support the motion to recommit. motion to recommit. tionally, 8.2 million individuals are un- The SPEAKER pro tempore. Does the The SPEAKER pro tempore. Is the employed. The unemployment rate is gentleman from Ohio (Mr. BOEHNER) gentleman opposed to the bill? 5.6 percent. It is quite evident that rise in opposition to the motion to re- Mr. KILDEE. Mr. Speaker, I am in its American workers want to work. The commit? present form. simple truth is that jobs do not exist. The SPEAKER pro tempore. The Mr. BOEHNER. I do, Mr. Speaker. How long are we going to ignore the The SPEAKER pro tempore. The gen- Clerk will report the motion to recom- needs of the American workforce. tleman from Ohio (Mr. BOEHNER) is rec- mit. The underlying legislation is com- ognized for 5 minutes. The Clerk read as follows: pletely inadequate in addressing the Mr. BOEHNER. Mr. Speaker, I yield 2 Mr. Kildee moves to recommit the bill H.R. problems facing the American worker. minutes to the gentleman from Cali- 444 to the Committee on Education and the We cannot simply authorize a job- fornia (Mr. HERGER), the chairman of Workforce with instructions to report the training voucher program. That does same back to the House forthwith with the the Subcommittee on Human Re- not meet the need. We have to act following amendments: sources of the Committee on Ways and today, and we have to act now by ex- Strike all after the enacting clause and in- Means that deals with this. tending unemployment benefits. sert the following: Mr. HERGER. Mr. Speaker, I rise in SECTION 1. SHORT TITLE. I want to remind Members that the House has considered nearly identical opposition to this motion to recommit. This Act may be referred to as the ‘‘Emer- This Republican Congress provided ad- gency Worker Assistance Act’’. language to this motion to recommit ditional assistance to the unemployed SEC. 2. EMERGENCY UNEMPLOYMENT SUPPORT. during the debate on the Community Section 171 of the Workforce Investment Services Block Grant bill. I urge Mem- when it was needed. Through laws Act of 1998 (29 U.S.C. 2916) is amended by add- bers to support my motion to recom- passed in 2002 and 2003, nearly 8 million ing at the end the following new subsection: mit. laid-off workers received more than $23 ‘‘(e) EMERGENCY UNEMPLOYMENT SUP- Mr. Speaker, I yield 2 minutes to the billion in special Federal-extended un- PORT.— gentleman from Georgia (Mr. BISHOP). employment benefits. Let me repeat ‘‘(1) GRANTS TO STATES.—From the amount Mr. BISHOP of Georgia. Mr. Speaker, that. Nearly 8 million people received appropriated under paragraph (2), the Sec- I urge my colleagues to vote for the $23 billion in additional help. We con- retary shall make grants to States to pro- tinued that temporary program twice vide financial and employment support to in- Kildee motion to recommit H.R. 444. dividuals who have exhausted their State un- This motion does what is needed. The last year when unemployment was ris- employment benefits and can no longer re- real problems that our country faces ing and the economy was shedding ceive, after the week of December 20, 2003, today are a lack of jobs and a lack of jobs. Federal extended temporary unemployment adequate unemployment benefits for Fortunately, today that situation compensation, and who continue to be unem- unemployed workers who cannot find has dramatically improved. The econ- ployed as of the date of enactment of the jobs. There are currently over 8 million omy recently has been growing at the Emergency Worker Assistance Act. The eli- workers who are unemployed. There fastest rate in 20 years. President gibility criteria and benefit amounts under Bush’s tax relief worked to turn the this paragraph for such individuals shall be are also an additional 4 million work- the same as for such individuals prior to De- ers who are so discouraged about the economy around. That is why unem- cember 20, 2003, under the Federal extended job situation where they live that they ployment continues to fall. During the temporary unemployment compensation pro- are no longer looking for work, and past 12 months, unemployment rates gram. there are another 4 million workers have dropped in every region of the ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— working part-time because they cannot country, including in 47 States. To- There is authorized to be appropriated for find full-time work. What these workday’s unemployment rate is lower than fiscal years 2004 and 2005 such sums as may ers need is income support until the the average of the 1970s, 1980s and 1990s. be necessary to carry out this subsection.’’. economy fully recovers and produces Last month saw one of the steepest Amend the title so as to read: ‘‘A bill to amend the Workforce Investment Act of 1998 enough jobs for them to support their drops ever in the number of long-term to provide continued unemployment support families. These workers are not look- unemployed. Nearly 1 million new jobs to ensure adequate emergency worker assisting for a handout. They want to work, have been created this year alone, 138 ance and for other purposes.’’ but where they live, there are no jobs. million Americans are working now,

VerDate May 21 2004 00:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A03JN7.015 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3739 more than ever before in our Nation’s These workers want work and seek work, Kildee Miller, George Scott (GA) history. and we must help them as they get back on Kilpatrick Mollohan Scott (VA) Kind Moore Serrano This suggests what we always knew, their feet again. There is still too little job cre- Kleczka Moran (VA) Shays people want to work, not collect more ation to write off the Federal Extended Bene- Kucinich Murtha Sherman unemployment benefits. Republicans fits Program. Lampson Nadler Skelton Langevin Napolitano Slaughter are working hard to keep this tremen- Mr. Speaker, today, 8.4 million people are Lantos Neal (MA) dous economic and job growth going. Smith (WA) out of work, 2.6 million private sector jobs Larsen (WA) Oberstar Snyder Larson (CT) Obey This Democrat motion goes in the op- have been lost since the beginning of the Solis Lee Olver posite direction. It will not help pro- Spratt Bush Administration. Even worse, long-term Levin Ortiz vide critical training for those seeking unemployment is at the highest level in 10 Lewis (GA) Owens Stark jobs. years. As of April 2004, over 1 million people, Lipinski Pallone Stenholm Mr. Speaker, let us reject this mo- Lofgren Pascrell Strickland in my home State of California, were unem- Stupak tion to recommit. Lowey Pastor ployed. Lucas (KY) Payne Tanner Mr. BOEHNER. Mr. Speaker, I yield My colleagues on the other side of the aisle Majette Pelosi Tauscher myself the balance of my time. believe they are helping unemployed workers Maloney Peterson (MN) Taylor (MS) Mr. Speaker, as the gentleman from Markey Pomeroy Thompson (CA) by creating these personal reemployment ac- Marshall Price (NC) California (Mr. HERGER) has pointed Thompson (MS) counts. But my constituents are not writing me Matheson Rahall Tierney out, we have extended unemployment on a weekly basis asking for a brand new un- Matsui Rangel Towns benefits on several occasions and have McCarthy (MO) Reyes Turner (TX) employment system. They simply want their McCarthy (NY) Rodriguez provided tens of billions of dollars in unemployment benefits to continue until they Udall (CO) support for those extensions. McCollum Ross Udall (NM) find a job. McDermott Rothman Van Hollen The motion to recommit, if Members McGovern H.R. 444 is not the fix they are seeking. If Roybal-Allard Vela´ zquez McIntyre Rush believe this is going to provide unem- Visclosky my colleagues really listened to what the un- McNulty Ryan (OH) ployment extensions to people, they Waters employed workers wanted they would grant Meehan Sabo are kidding themselves. What the Kil- Watt families the security of benefits while they con- Meek (FL) Sa´ nchez, Linda dee motion does is create a new pro- Meeks (NY) T. Waxman tinue to seek work. That’s why I urge my col- gram within the Workforce Investment Menendez Sanchez, Loretta Weiner leagues to support this motion to recommit Wexler Act to extend unemployment benefits. Michaud Sanders H.R. 444 so we can address what workers Millender- Sandlin Woolsey This is not the usual unemployment Wu really want. McDonald Schakowsky system that we have that works really Miller (NC) Schiff Wynn The SPEAKER pro tempore. Without well. Under this proposal, we create a objection, the previous question is or- new program that is not funded. There NAYS—216 dered on the motion to recommit. is no funding in this bill for the pro- Aderholt Ehlers Leach There was no objection. Akin English Lewis (CA) gram that is being created, and all this The SPEAKER pro tempore. The Bachus Everett Lewis (KY) is going to do is bring false hope to Baker Feeney Linder millions of Americans who are out question is on the motion to recommit. Ballenger Ferguson LoBiondo there trying to seek work who are on The question was taken; and the Barrett (SC) Flake Lucas (OK) Speaker pro tempore announced that Bartlett (MD) Foley Manzullo unemployment. Barton (TX) Forbes McCotter But the worst part of the motion to the noes appeared to have it. Bass Franks (AZ) McCrery recommit is that it totally eliminates Mr. KILDEE. Mr. Speaker, on that I Beauprez Frelinghuysen McHugh demand the yeas and nays. Bereuter Gallegly McInnis the underlying bill. For those of us who Biggert Garrett (NJ) McKeon believe personal reemployment ac- The yeas and nays were ordered. Bilirakis Gibbons Mica counts are a good idea and that The SPEAKER pro tempore. Pursu- Bishop (UT) Gilchrest Miller (FL) projects ought to be initiated to allow ant to clauses 8 and 9 of rule XX, this Blackburn Gillmor Miller (MI) Blunt Gingrey Miller, Gary people up to $3,000 to find the kind of 15-minute vote on the motion to re- Boehlert Goodlatte Moran (KS) training, retraining, and education commit will be followed by 5-minute Boehner Goss Murphy they need in order to gain good em- votes, as ordered, on passing H.R. 444 Bonilla Granger Musgrave and suspending the rules and passing Bonner Graves Myrick ployment, that entire bill is eliminated Bono Green (WI) Nethercutt under the gentleman’s motion to re- H.R. 3866. Boozman Greenwood Neugebauer commit. The vote was taken by electronic de- Bradley (NH) Gutknecht Ney I would urge my colleagues, let us vice, and there were—yeas 199, nays Brady (TX) Hall Northup Brown (SC) Harris Norwood not engage in a facade; let us not make 216, not voting 19, as follows: Brown-Waite, Hart Nunes empty promises to people who need our [Roll No. 224] Ginny Hastings (WA) Nussle help and need our help badly. This is a Burgess Hayes Osborne YEAS—199 Burns Hayworth Ose new program. It is not funded. It will Abercrombie Costello Gonzalez Burr Hefley Otter not extend unemployment benefits. Ackerman Cramer Goode Buyer Hensarling Oxley Again, the worse part about it is it Alexander Crowley Gordon Calvert Herger Paul would eliminate the entire underlying Allen Cummings Green (TX) Camp Hobson Pearce Andrews Davis (AL) Grijalva Cannon Hoekstra Pence bill and the personal reemployment ac- Baca Davis (CA) Gutierrez Cantor Hostettler Peterson (PA) counts that we think will be helpful for Baird Davis (FL) Harman Capito Houghton Petri American workers who are out of work. Baldwin Davis (IL) Hastings (FL) Carter Hulshof Pickering Becerra Davis (TN) Herseth Castle Hunter Pitts Mr. Speaker, I yield back the balance Bell DeFazio Hill Chabot Hyde Platts of my time. Berkley Delahunt Hinchey Chocola Isakson Pombo Ms. WOOLSEY. Mr. Speaker, I rise today to Berman DeLauro Hinojosa Coble Issa Porter support the motion to recommit H.R. 444. We Berry Dicks Hoeffel Cole Istook Portman Bishop (GA) Dingell Holden Collins Jenkins Pryce (OH) must support the workers who are desperately Bishop (NY) Doggett Holt Cox Johnson (CT) Putnam trying to find work before their benefits run Blumenauer Dooley (CA) Honda Crane Johnson (IL) Radanovich out. Their families are the reason we must ab- Boswell Doyle Hooley (OR) Crenshaw Jones (NC) Ramstad Boucher Edwards Hoyer Cubin Keller Regula solutely extend unemployment benefits, not Boyd Emanuel Inslee Culberson Kelly Rehberg pass legislation that will fundamentally change Brown (OH) Engel Israel Cunningham Kennedy (MN) Renzi the Federal unemployment benefits system, Brown, Corrine Eshoo Jackson (IL) Davis, Jo Ann King (IA) Reynolds like H.R. 444. Capps Etheridge Jackson-Lee Davis, Tom King (NY) Rogers (AL) Cardin Evans (TX) Deal (GA) Kingston Rogers (KY) We need a real solution like extending un- Cardoza Farr Jefferson DeLay Kirk Rogers (MI) employment benefits so families have the Carson (IN) Fattah John Diaz-Balart, L. Kline Rohrabacher means to be healthy and safe when their jobs Case Filner Johnson, E. B. Diaz-Balart, M. Knollenberg Ros-Lehtinen are no longer secure. How else will these fam- Clay Ford Jones (OH) Doolittle Kolbe Royce Clyburn Frank (MA) Kanjorski Dreier LaHood Ryan (WI) ilies pay their heating bill, clothe their children, Conyers Frost Kaptur Duncan Latham Ryun (KS) and feed their family? Cooper Gephardt Kennedy (RI) Dunn LaTourette Saxton

VerDate May 21 2004 00:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.033 H03PT1 H3740 CONGRESSIONAL RECORD — HOUSE June 3, 2004 Schrock Sullivan Walsh Hyde Nethercutt Sessions Scott (VA) Stupak Van Hollen Sensenbrenner Sweeney Wamp Isakson Neugebauer Shadegg Serrano Tancredo Vela´ zquez Sessions Tancredo Weldon (FL) Issa Ney Shaw Sherman Tanner Visclosky Shadegg Taylor (NC) Weldon (PA) Istook Northup Shays Skelton Tauscher Waters Shaw Terry Weller Jenkins Norwood Sherwood Slaughter Taylor (MS) Watt Sherwood Thomas Whitfield Johnson (CT) Nunes Shimkus Smith (WA) Thompson (CA) Waxman Shimkus Thornberry Wicker Johnson (IL) Nussle Shuster Snyder Thompson (MS) Weiner Shuster Tiahrt Wilson (NM) Jones (NC) Osborne Simmons Solis Tierney Wexler Simmons Tiberi Spratt Towns Wilson (SC) Keller Ose Simpson Woolsey Simpson Toomey Kelly Otter Stark Turner (TX) Wolf Smith (NJ) Wu Smith (NJ) Turner (OH) Kennedy (MN) Oxley Stenholm Udall (CO) Young (AK) Smith (TX) Wynn Smith (TX) Upton King (IA) Pearce Strickland Udall (NM) Young (FL) Souder Vitter King (NY) Pence Souder Stearns Walden (OR) Kingston Peterson (PA) Stearns NOT VOTING—18 Kirk Petri Sullivan Ballance DeMint Johnson, Sam NOT VOTING—19 Kline Pickering Sweeney Brady (PA) Deutsch Lynch Ballance DeMint Quinn Knollenberg Pitts Taylor (NC) Burton (IN) Emerson Quinn Brady (PA) Deutsch Ruppersberger Kolbe Platts Terry Capuano Feeney Smith (MI) Burton (IN) Emerson Smith (MI) LaHood Pombo Thomas Carson (OK) Fossella Tauzin Capuano Fossella Tauzin Latham Porter Thornberry DeGette Gerlach Watson Carson (OK) Gerlach Watson LaTourette Portman Tiahrt Chandler Johnson, Sam Leach Pryce (OH) Tiberi ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE DeGette Lynch Lewis (CA) Putnam Toomey The SPEAKER pro tempore (during Lewis (KY) Radanovich Turner (OH) the vote). Members are advised 2 min- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Linder Ramstad Upton utes remain in this vote. The SPEAKER pro tempore (Mr. LoBiondo Regula Vitter Lucas (OK) Rehberg SIMPSON) (during the vote). Members Walden (OR) Manzullo b 1303 Renzi Walsh are advised 2 minutes remain in this McCotter Reynolds Wamp So the bill was passed. McCrery Rogers (AL) vote. Weldon (FL) McHugh Rogers (KY) The result of the vote was announced McInnis Rogers (MI) Weldon (PA) as above recorded. b 1252 McKeon Rohrabacher Weller Whitfield A motion to reconsider was laid on Mr. GREEN of Wisconsin, Mr. Mica Ros-Lehtinen Miller (MI) Royce Wicker the table. GILCHREST, and Mrs. CUBIN changed Miller, Gary Ryan (WI) Wilson (NM) Stated against: their vote from ‘‘yea’’ to ‘‘nay.’’ Moran (KS) Ryun (KS) Wilson (SC) Ms. WATSON. Mr. Speaker, on rollcall No. Mr. LEWIS of Georgia and Mr. GOR- Murphy Saxton Wolf Musgrave Schrock Young (AK) 224, I was detained by constituents from my DON changed their vote from ‘‘nay’’ to Myrick Sensenbrenner Young (FL) District. I would have voted ‘‘no’’ on H.R. 444. ‘‘yea.’’ The SPEAKER pro tempore (Mr. So the motion to recommit was re- NOES—203 SIMPSON). Pursuant to section 2 of jected. Abercrombie Ford McCarthy (MO) House Resolution 656, the texts of H.R. The result of the vote was announced Ackerman Frank (MA) McCarthy (NY) 4409 and H.R. 4411 will be appended to as above recorded. Alexander Frost McCollum Allen Gephardt McDermott the engrossment of H.R. 444; and H.R. The SPEAKER pro tempore. The Andrews Gonzalez McGovern 4409 and H.R. 4411 are laid on the table. question is on the passage of the bill. Baca Gordon McIntyre (For texts of H.R. 4409 and H.R. 4411 The question was taken; and the Baird Green (TX) McNulty see proceedings of the House of June 2, Baldwin Grijalva Meehan Speaker pro tempore announced that Becerra Gutierrez Meek (FL) 2004, at page H3628 and H3638, respec- the ayes appeared to have it. Bell Harman Meeks (NY) tively.) RECORDED VOTE Berkley Hastings (FL) Menendez Berman Herseth Michaud f Mr. KILDEE. Mr. Speaker, I demand Berry Hill Millender- a recorded vote. Bishop (GA) Hinchey McDonald ANABOLIC STEROID CONTROL ACT A recorded vote was ordered. Bishop (NY) Hinojosa Miller (FL) OF 2004 Blumenauer Hoeffel Miller (NC) The SPEAKER pro tempore. This is a Boswell Holden Miller, George The SPEAKER pro tempore. The un- 5-minute vote. Boucher Holt Mollohan finished business is the question of sus- The vote was taken by electronic de- Boyd Honda Moore pending the rules and passing the bill, vice, and there were—ayes 213, noes 203, Brown (OH) Hooley (OR) Moran (VA) Brown, Corrine Hostettler Murtha H.R. 3866, as amended. not voting 18, as follows: Capps Hoyer Nadler The Clerk read the title of the bill. [Roll No. 225] Cardin Inslee Napolitano The SPEAKER pro tempore. The Cardoza Israel Neal (MA) question is on the motion offered by AYES—213 Carson (IN) Jackson (IL) Oberstar Aderholt Camp Foley Case Jackson-Lee Obey the gentleman from Wisconsin (Mr. Akin Cannon Forbes Chandler (TX) Olver SENSENBRENNER) that the House sus- Bachus Cantor Franks (AZ) Clay Jefferson Ortiz pend the rules and pass the bill, H.R. Baker Capito Frelinghuysen Clyburn John Owens Ballenger Carter Gallegly Conyers Johnson, E. B. Pallone 3866, as amended, on which the yeas Barrett (SC) Castle Garrett (NJ) Cooper Jones (OH) Pascrell and nays are ordered. Bartlett (MD) Chabot Gibbons Costello Kanjorski Pastor This will be a 5-minute vote. Barton (TX) Chocola Gilchrest Cramer Kaptur Paul The vote was taken by electronic de- Bass Coble Gillmor Crowley Kennedy (RI) Payne Beauprez Cole Gingrey Cummings Kildee Pelosi vice, and there were—yeas 408, nays 3, Bereuter Collins Goode Davis (AL) Kilpatrick Peterson (MN) not voting 23, as follows: Biggert Cox Goodlatte Davis (CA) Kind Pomeroy [Roll No. 226] Bilirakis Crane Goss Davis (FL) Kleczka Price (NC) Bishop (UT) Crenshaw Granger Davis (IL) Kucinich Rahall YEAS—408 Blackburn Cubin Graves Davis (TN) Lampson Rangel Abercrombie Becerra Bonner Blunt Culberson Green (WI) DeFazio Langevin Reyes Ackerman Bell Bono Boehlert Cunningham Greenwood Delahunt Lantos Rodriguez Aderholt Bereuter Boozman Boehner Davis, Jo Ann Gutknecht DeLauro Larsen (WA) Ross Akin Berkley Boswell Bonilla Davis, Tom Hall Dicks Larson (CT) Rothman Alexander Berman Boucher Bonner Deal (GA) Harris Dingell Lee Roybal-Allard Allen Berry Boyd Bono DeLay Hart Doggett Levin Ruppersberger Baca Biggert Bradley (NH) Boozman Diaz-Balart, L. Hastings (WA) Dooley (CA) Lewis (GA) Rush Bachus Bilirakis Brady (TX) Bradley (NH) Diaz-Balart, M. Hayes Doyle Lipinski Ryan (OH) Baird Bishop (GA) Brown (OH) Brady (TX) Doolittle Hayworth Edwards Lofgren Sabo Baker Bishop (NY) Brown (SC) Brown (SC) Dreier Hefley Emanuel Lowey Sa´ nchez, Linda Baldwin Bishop (UT) Brown, Corrine Brown-Waite, Duncan Hensarling Engel Lucas (KY) T. Ballenger Blackburn Burgess Ginny Dunn Herger Eshoo Majette Sanchez, Loretta Barrett (SC) Blumenauer Burns Burgess Ehlers Hobson Etheridge Maloney Sanders Bartlett (MD) Blunt Burr Burns English Hoekstra Evans Markey Sandlin Barton (TX) Boehlert Buyer Burr Everett Houghton Farr Marshall Schakowsky Bass Boehner Calvert Buyer Ferguson Hulshof Fattah Matheson Schiff Beauprez Bonilla Camp Calvert Flake Hunter Filner Matsui Scott (GA)

VerDate May 21 2004 02:34 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A03JN7.017 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3741 Cannon Hayworth Millender- Simpson Taylor (NC) Walsh countability, and for other purposes, Cantor Hefley McDonald Skelton Terry Wamp Capito Hensarling Miller (FL) Slaughter Thomas Waters with a Senate amendment thereto, dis- Capps Herger Miller (MI) Smith (NJ) Thompson (CA) Watson agree to the Senate amendment, and Cardin Herseth Miller (NC) Smith (TX) Thompson (MS) Watt request a conference with the Senate Cardoza Hill Miller, Gary Smith (WA) Thornberry Waxman thereon. Carson (IN) Hinchey Miller, George Snyder Tiahrt Weiner Carter Hinojosa Mollohan Solis Tiberi Weldon (FL) The SPEAKER pro tempore. Is there Case Hoeffel Moore Souder Tierney Weldon (PA) objection to the request of the gen- Castle Hoekstra Moran (KS) Spratt Toomey Weller tleman from Ohio? The Chair hears Chabot Holden Moran (VA) Stark Towns Wexler none and, without objection, appoints Chandler Holt Murphy Stearns Turner (OH) Whitfield Chocola Honda Murtha Stenholm Turner (TX) Wicker the following conferees: From the Com- Clay Hooley (OR) Musgrave Strickland Udall (CO) Wilson (NM) mittee on Education and the Work- Coble Hostettler Myrick Stupak Udall (NM) Wilson (SC) force, for consideration of the House Cole Houghton Nadler Sullivan Upton Wolf bill and the Senate amendment, and Collins Hoyer Napolitano Sweeney Van Hollen Woolsey Conyers Hulshof Neal (MA) Tancredo Vela´ zquez Wu modifications committed to con- Cooper Hunter Nethercutt Tanner Visclosky Wynn ference: Messrs. BOEHNER, PETRI, Tauscher Vitter Young (AK) Costello Hyde Neugebauer MCKEON, CASTLE, ISAKSON, PORTER, Cox Inslee Ney Taylor (MS) Walden (OR) Young (FL) KILDEE, HINOJOSA, AND TIERNEY, and Cramer Isakson Northup NAYS—3 Crane Israel Norwood Ms. MCCOLLUM. Crenshaw Issa Nunes Flake Kucinich Paul There was no objection. Crowley Istook Nussle NOT VOTING—23 (Ms. DUNN asked and was given per- Cubin Jackson (IL) Oberstar mission to speak out of order.) Culberson Jackson-Lee Obey Andrews Clyburn Hobson Cummings (TX) Olver Ballance DeGette Johnson, Sam f Cunningham Jefferson Ortiz Brady (PA) DeMint Lynch Davis (AL) Jenkins Osborne Brown-Waite, Deutsch Pryce (OH) CATHERINE MAY BEDELL, POLIT- Davis (CA) John Ose Ginny Emerson Quinn ICAL PIONEER AND MENTOR TO Davis (FL) Johnson (CT) Otter Burton (IN) Feeney Sabo WOMEN Davis (IL) Johnson (IL) Owens Capuano Fossella Smith (MI) Davis (TN) Johnson, E. B. Oxley Carson (OK) Gerlach Tauzin Ms. DUNN. Mr. Speaker, I rise today Davis, Jo Ann Jones (NC) Pallone ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE to pay tribute to a great lady of the Davis, Tom Jones (OH) Pascrell Republican Party in the State of Wash- Deal (GA) Kanjorski Pastor The SPEAKER pro tempore (Mr. OSE) DeFazio Kaptur Payne (during the vote). Members are advised ington. We are so sorry to learn that Delahunt Keller Pearce 2 minutes remain in this vote. Catherine May Bedell, our former DeLauro Kelly Pelosi Member of Congress from the 4th con- DeLay Kennedy (MN) Pence b 1311 gressional district in Washington Diaz-Balart, L. Kennedy (RI) Peterson (MN) Diaz-Balart, M. Kildee Peterson (PA) So (two-thirds having voted in favor State, passed away last Friday. Dicks Kilpatrick Petri thereof) the rules were suspended and We lost Catherine May Bedell last Dingell Kind Pickering the bill, as amended, was passed. Friday. She was a rare lady, Mr. Doggett King (IA) Pitts Speaker; and a couple of us wanted to Dooley (CA) King (NY) Platts The result of the vote was announced Doolittle Kingston Pombo as above recorded. stand up today on the floor and pay Doyle Kirk Pomeroy A motion to reconsider was laid on tribute to her and let her friends who Dreier Kleczka Porter the table. continue to serve in the House of Rep- Duncan Kline Portman resentatives and those in politics in Dunn Knollenberg Price (NC) f Edwards Kolbe Putnam Washington State and all over the Ehlers LaHood Radanovich PERSONAL EXPLANATION country know of her passing. Emanuel Lampson Rahall Catherine was born in Yakima. She Engel Langevin Ramstad Mr. FOSSELLA. Mr. Speaker, on three roll- was one of the few women in national English Lantos Rangel call votes earlier today, I was unavoidably de- Eshoo Larsen (WA) Regula politics at that time to win office on tained. I would have voted ‘‘nay’’ on No. 224; Etheridge Larson (CT) Rehberg her own, because many people were ap- Evans Latham Renzi on No. 225 I would have voted ‘‘aye’’; and on pointed to replace their husbands or Everett LaTourette Reyes No. 226 I would have voted ‘‘yea.’’ Farr Leach Reynolds their fathers. Catherine was a strong Fattah Lee Rodriguez f Member of Congress, a strong woman, Ferguson Levin Rogers (AL) very articulate. She had a great time Filner Lewis (CA) Rogers (KY) REMOVAL OF NAME OF MEMBER Foley Lewis (GA) Rogers (MI) AS COSPONSOR OF H.R. 857 in life, and she stood up for those en- Forbes Lewis (KY) Rohrabacher terprises that she believed in. Ford Linder Ros-Lehtinen Mr. PICKERING. Mr. Speaker, I ask Her political career began in 1952 in Frank (MA) Lipinski Ross unanimous consent to have my name Washington State’s legislature, and she Franks (AZ) LoBiondo Rothman removed as a cosponsor of H.R. 857. Frelinghuysen Lofgren Roybal-Allard served as a representative until she Frost Lowey Royce The SPEAKER pro tempore. Is there was appointed by the party to run Gallegly Lucas (KY) Ruppersberger objection to the request of the gen- against the current Congressman, Otis Garrett (NJ) Lucas (OK) Rush tleman from Mississippi? Gephardt Majette Ryan (OH) Halbert, who had decided to retire. She Gibbons Maloney Ryan (WI) There was no objection. was elected to the Congress in 1958. Gilchrest Manzullo Ryun (KS) f Catherine May Bedell was a wonder- Gillmor Markey Sa´ nchez, Linda ful spirit, Mr. Speaker. She was some- Gingrey Marshall T. APPOINTMENT OF CONFEREES ON Gonzalez Matheson Sanchez, Loretta body who used her talents, being able Goode Matsui Sanders H.R. 1261, WORKFORCE REINVEST- to speak well, being able to write well, Goodlatte McCarthy (MO) Sandlin MENT AND ADULT EDUCATION A PR agent, for example, who was Gordon McCarthy (NY) Saxton ACT OF 2003 Goss McCollum Schakowsky hired on by NBC Radio to put together Granger McCotter Schiff Mr. BOEHNER. Mr. Speaker, I ask the Betty Crocker specials sponsored Graves McCrery Schrock unanimous consent to take from the by General Mills. Green (TX) McDermott Scott (GA) Speaker’s table the bill (H.R. 1261) to She returned to Yakima before she Green (WI) McGovern Scott (VA) Greenwood McHugh Sensenbrenner enhance the workforce investment sys- died. Catherine May Bedell was a great Grijalva McInnis Serrano tem of the Nation by strengthening fighter for interests she believed in. Gutierrez McIntyre Sessions one-stop career centers, providing for She was a member of the Atomic En- Gutknecht McKeon Shadegg Hall McNulty Shaw more effective governance arrange- ergy Committee, the Joint Committee Harman Meehan Shays ments, promoting access to a more on Atomic Energy, and she fought for Harris Meek (FL) Sherman comprehensive array of employment, the Hanford Nuclear Reserve against Hart Meeks (NY) Sherwood training, and related services, estab- people who were trying to close it Hastings (FL) Menendez Shimkus Hastings (WA) Mica Shuster lishing a targeted approach to serving down. She also was a Member of the Hayes Michaud Simmons youth, and improving performance ac- House Agriculture Committee, and she

VerDate May 21 2004 00:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A03JN7.027 H03PT1 H3742 CONGRESSIONAL RECORD — HOUSE June 3, 2004 fought for dams to protect those farm- We are very sad to learn of her pass- In her last term in office, she received a ers and bargers who operated there in ing. I had a chance to talk to Jim, her second committee assignment, the Joint the 4th Congressional District. son, today; and, of course, the family Committee on Atomic Energy, where she was very pleased to hear that she fought an attempt to close Hanford. b 1315 Though she never touted herself as a wom- would be remembered today on the The last time I talked to Catherine an’s rights activist, May was a quiet cham- floor of the House of Representatives. pion for the cause. She supported the Equal May Bedell was soon after she left a po- [From the Yakima-Herald-Republic, Jun. 2, Rights Amendment and worked to include sition on the United States Inter- 2004] the prohibition against discrimination based national Trade Commission. She and I CATHERINE MAY, POLITICAL PIONEER AND on sex in the landmark 1964 Civil Rights Act. met at an event in San Diego, Cali- MENTOR TO WOMEN, DIES Political defeat far from ended May’s career in public service. President Nixon ap- fornia, where Catherine continued to (By Leah Beth Ward) do what she always did when she saw a pointed her to the U.S. International Trade Yakima native Catherine Dean May, the Commission, where she served from 1971–81. woman who had interests in politics. first woman elected to Congress from Wash- She urged me to run. That was a long In 1982, President Reagan named her spe- ington, died of natural causes Friday in Ran- cial consultant to the president on the 50 time, 11 years before I actually ran for cho Mirage, Calif. She was 90. States Project. She was president of her own Congress, Mr. Speaker, but when the May was first elected to the 4th Congres- firm, Bedell Associates, in Palm Desert, time came I remembered Catherine sional District in 1958 when Gen. Dwight D. Calif. May Bedell’s words and her encourage- Eisenhower, whom she greatly admired, was May’s survivors include her son of Wash- ment and actually took her up on that president. ington, DC, and her daughter, Melinda May Scholars have noted that she was one of bet and let her know through letters Mazzetti of San Francisco. the few women in national politics at the In lieu of flowers, donations may be made and cards how I was doing in the Con- time to win office on her own. Many others gress. to the Catherine May Bedell Scholarship were appointed to replace their husbands. Fund at Yakima Valley Community College. So that was my best memory of her, ‘‘She was very much a pioneer,’’ her son, because it has so much to do with the James C. May, said Tuesday in a telephone Six women have represented the State of work that I have done here in the interview. Washington in the U.S. House of Representa- United States Congress. Described as strong and articulate by those tives—Rep. Jennifer Dunn (R) (1993–) Rep. Mr. Speaker, we have some folks who who knew her, May inspired and personally Maria Cantwell (D) (1993–1995); Rep. Julia encouraged other women to run for political have followed her career and would Butler Hansen (D) (1960–1974); Rep. Catherine office. Dean May (R) (1959–1971); Rep. Linda Smith like to say a few words. ‘‘When I first saw her, she was standing in Mr. Speaker, I yield to the gentleman (R) (1995–1999) and Rep. Jolene Unsoeld (D) a group of men and they were listening to (1989–1993). from Washington (Mr. DICKS). her. She could hold her own,’’ said Rep. Mary (Mr. DICKS asked and was given per- Skinner, R–Yakima, recalling a Republican [From The Associated Press, June 2, 2004] mission to revise and extend his re- Party luncheon more than 30 years ago. ‘‘I was a great admirer.’’ CATHERINE MAY BEDELL, FIRST WASHINGTON marks, and include extraneous mate- CONGRESSWOMAN, DEAD AT 90 rial.) May’s political career began in 1952 in the state Legislature, where she served as a rep- YAKIMA, Wash. (AP)—Catherine Dean Mr. DICKS. Mr. Speaker, Catherine resentative until the Republican Party nom- May Bedell, the first woman elected to Con- May Bedell was an outstanding mem- inated her to run for the congressional seat gress from Washington state and producer of ber of the House of Representatives. of Otis Halbert, who was retiring. In what the first Betty Crocker radio show, is dead at She came from our great State of was called an upset, she beat Democrat age 90. Washington, from Yakima. She was a Frank LeRoux of Walla Walla. Bedell, who was elected to six terms as a graduate of the Yakima Valley Junior May was re-elected to Congress six times Republican in the 4th Congressional District College and the University of Wash- until 1970, when she lost to Democrat Mike under her married name at the time, Cath- erine Dean May, before losing to Democrat ington. She was a noted writer, teach- McCormack, a research scientist at Hanford. That year she remarried, taking Donald W. Mike McCormack in 1970, died of natural er, journalist and radio broadcaster. In Bedell’s last name. causes Friday in Rancho Mirage, Calif., rel- fact, she had the first Betty Crocker Born Catherine Dean Barnes on May 18, atives said. radio show in the country. 1914, she graduated from Yakima High A Yakima native, Bedell was one of the few She was elected, as mentioned, to the School in 1932 and attended Yakima Valley women to win election to national office in legislature in 1952, served to 1958, and Junior College through 1934 before earning a that period without first being appointed to then won her first campaign for Con- bachelor of science degree in 1936 from the replace their husbands, and many said she gress in the 86th Congress. She served University of Washington. May’s parents ran inspired and encouraged other women in politics. very well on the House Committee on a Yakima clothing store. In 1937 she received a teaching certificate State Rep. Mary Skinner, R-Yakima, said Agriculture, where she was a strong and taught English for three years at Che- she met Bedell at a Republican Party lunch- voice for farming, irrigation, hydro- halis High School. She interrupted that stint eon more than 30 years ago. electric power generation across the in 1939 to study speech at the University of ‘‘When I first saw her, she was standing in State’s expansive 4th Congressional Southern California, according to her con- a group of men and they were listening to District. gressional biography. her. She could hold her own,’’ Skinner said. She served very capably in the House Her son remembered his mother as very ‘‘I was a great admirer.’’ from 1959 through 1970; and, after that, much the English teacher, correcting gram- Born Catherine Deane Barnes, she earned a mar whenever necessary. bachelor of science degree at the University President Nixon appointed her to the ‘‘In my household you grew up watching of Washington, obtained a teaching certifi- U.S. International Trade Commission your language,’’ James May said. cate and taught high school English for on which she served for 10 years. After teaching, May parlayed her language three years in Chehalis with a brief but piv- She was a great role model. In fact, skills into radio broadcasting, first with sta- otal interruption to study speech at the Uni- she was the first woman elected to the tion KMO in Tacoma, and later stations versity of Southern California. House from the State of Washington. KOMO and KJR in Seattle. From 1942 to 1944, She entered broadcasting in 1940 at KMO Many of us in this Chamber today she worked in advertising for the Strange Radio in Tacoma, then went to KOMO and know her son, Jim, who served as the and Prosser Advertising Agency and the Fed- KJR in Seattle, spent a couple of years in ad- eral Insurance Co., both of Seattle. vertising and was hired by NBC in new York Executive Vice President of the Na- NBC radio of New York City hired her be- in 1944 as writer and assistant commentator. tional Association of Broadcasters and tween 1944 and 1946 to produce the first Betty After working on the first Betty Crocker today is the President and CEO of the Crocker show, sponsored by General Mills. show, she returned to Yakima, was women’s Air Transport Association. May returned to Yakima and continued in editor at KIT Radio from 1948 through 1957 Congresswoman Catherine May Be- radio journalism as ‘‘women’s editor’’ at KIT and served in the state House from 1952 to dell was also survived by a daughter, in Yakima from 1948 to 1957. 1958, when she was nominated for Congress to Melinda May Mazzetti, of San Fran- According to research of her congressional replace Otis Halbert, who was retiring. cisco. I had the honor, when serving on record by Washington State University, upon An Admirer of then-President Dwight D. her election, May was the first representa- Eisenhower, she won election in an upset Senator Magnuson’s staff as an assist- tive from the state in six years to win a seat over Democrat Frank LeRoux of Walla Walla ant, to work with her. She was a de- on the House Agriculture Committee. She in a district that, at the time, covered a vast light. She was a hard worker. She was held the assignment throughout her tenure swath of central Washington from Oregon to a credit to this institution. and used it to fight for dams. British Columbia.

VerDate May 21 2004 02:34 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.043 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3743 As the first representative from the state gentleman from Washington (Mr. point of going to conference and ap- in decades to serve on the House Agriculture HASTINGS) took that noble office, I did pointing conferees, I know that the Committee, she promoted dams for irriga- not have the honor of knowing her per- chairman of the full committee, the tion and electricity production in her rural sonally, but I knew her by her legacy. gentleman from Alaska (Mr. YOUNG) district. In her last term she was also named to the Joint Committee on Atomic Energy. That I think is maybe the nicest, most would, as I, have liked to have had this She never promoted herself as woman’s meaningful legacy a Member of Con- bill on the House floor last fall; and I rights activist but supported the Equal gress could have. That is when I was think we could have. We could well Rights Amendment and worked to include door-belling and going to thousands of have had this bill enacted by now, and prohibition against discrimination based on homes when I was running in Yakima we could well have been on our way to gender in the 1964 Civil Rights Act. for the seat that she previously held. I creating 475,000 new jobs and $80 billion She lost the seat to McCormack, a sci- had a lot of people, when her name in total economic activity if the com- entist at the Hanford nuclear reservation, in 1970, the same year she remarried and took came up, said, I remember her. She was mittee had been allowed to work its the last name of her second husband, Donald really a nice lady. I really liked her. I will, as we did in committee. However, W. Bedell. heard that a lot. other forces intervened; and this is leg- Bedell served on the International Trade When you think about a legacy that islative process. Commission in 1971–81, and President Ronald any of us might have here, I think that We are where we are now, thank Reagan named her as a special consultant to is the highest one we could have, that heavens; and we will be able to move the president on the 50 States Project in 1982. our names may come up when other At her death she was president of Bedell ahead and I hope to reach the outcome Associates in Palm Desert, Calif. people are door-belling. She was well that we all desire of getting a robust Survivors include a son, James C. May, of loved in Yakima Valley, and we are investment in transportation through Washington, D.C. and daughter, Melinda May thinking of her family today. It is an conference, through the House and the Mazzetti, of San Francisco. honor to represent her district as well. other body and to the President for sig- Ms. DUNN. Mr. Speaker, I yield to Ms. DUNN. Mr. Speaker, I want to nature. the gentleman from Washington (Mr. say, in closing, we appreciate the time I pledge, as I have done from the out- HASTINGS), of the Fourth Congressional allotted to us. When a door closes, set of this process and demonstrated, District of Washington State. often another window opens. And to all that we will bend every constructive Mr. HASTINGS of Washington. Mr. of us, I want to say that 5 weeks ago a effort toward that purpose on our side, Speaker, I thank the gentlewoman for member of my campaign staff gave working in concert with the chair and yielding. I see one of my predecessors birth to a little baby girl whose name the majority. from the Fourth District is waiting to is Catherine May. I look forward to a good conference. speak, too. Mr. Speaker, I yield back the balance We have a very good contingent on our I want to congratulate our Members of my time. side as on the Republican side, and I for being here to honor Catherine May f know that we are all committed to- Bedell. I regret that I did not know APPOINTMENT OF CONFEREES ON gether, constructively working to her. She represented the Fourth Con- H.R. 3550, TRANSPORTATION EQ- achieve the purpose of a major invest- gressional District. I did not know her. UITY ACT: A LEGACY FOR USERS ment in transportation over the next 6 I knew of her. I did cast ballots for her years. Mr. YOUNG of Alaska. Mr. Speaker, I before I got actively involved in poli- The motion that I offer instructs the tics. But she was certainly somebody ask unanimous consent to take from the Speaker’s table the bill (H.R. 3550) conferees to insist on the innovative that had leadership qualities. Safe Routes to School Program in- I recall that in one of the articles an- to authorize funds for Federal-aid highways, highway safety programs, and cluded in the House-passed bill. Innova- nouncing that she had passed away, tion but one that has been widely test- one of my friends serves in the State transit programs, and for other purposes, with a Senate amendment there- ed, is enormously popular and power- legislature, Mary Skinner said that she fully supported in more than 26 States first remembers when she met Cath- to, disagree to the Senate amendment and agree to the conference asked by across the country since the two pilot erine May, and she was impressed by projects were undertaken in Marin the presence that she had in a group of the Senate. The SPEAKER pro tempore (Mr. County, California, and in Arlington, people talking about policy. I thought Massachusetts. In Marin County, basi- OSE). Is there objection to the request that was a very high compliment. cally a bicycling to school project and I, too, spoke with Jim May. He kind of the gentleman from Alaska? in Arlington, Massachusetts, prin- of gave me a heads-up on Tuesday, and There was no objection. cipally pedestrian activity. I did not touch bases with him until MOTION TO INSTRUCT OFFERED BY MR. In Safe Routes to School, California, Wednesday when we had a conversa- OBERSTAR tion. Catherine May Bedell just turned Mr. OBERSTAR. Mr. Speaker, I offer the nine participating elementary 90 last month. My mother also just a motion to instruct. schools in the Marin County region turned 90 last month. He told me that The Clerk read as follows: that joined in this pilot program went from 2 percent of children walking and she passed away very quietly in her Mr. Oberstar moves that the managers on sleep; and she had a very, very good the part of the House at the conference on bicycling to school to 54 percent today. life. Obviously, when you lose some- the disagreeing votes of the two Houses on This is an enormous vote of support body as close as your mother, it is a the bill (H.R. 3550) to authorize funds for for a healthy life-style, and it is this Federal-aid highways, highway safety pro- quality-of-life issue that is a driving shock to you, but he said she lived a grams, and transit programs, and for other very, very good life. force as we move ahead with this trans- purposes, be instructed to insist on the lan- portation bill. I am certainly pleased to be here on guage contained in section 1101(a)(21)(A) and the floor with my colleagues to honor section 1120(a) of the House bill that estab- Mr. Speaker, I reserve the balance of one of my predecessors who rep- lishes and provides funding for a safe routes my time. resented my district in Washington to school program for the benefit of children Mr. YOUNG of Alaska. Mr. Speaker, I State. in primary and middle schools. yield myself such time as I may con- Ms. DUNN. Mr. Speaker, I yield to The SPEAKER pro tempore. Under sume. the gentleman from Washington (Mr. rule XXII, the gentleman from Min- Mr. Speaker, I recognize this motion INSLEE) from the First Congressional nesota (Mr. OBERSTAR) and the gen- to recommit is one I support. It is a District of Washington. tleman from Alaska (Mr. YOUNG) each motion that will I think make the Mr. INSLEE. Mr. Speaker, I would will control 30 minutes. bill’s purposes be specifically spelled like to join my colleagues in honoring The Chair recognizes the gentleman out. And I would suggest that what the Catherine May Bedell. from Minnesota (Mr. OBERSTAR). gentleman, the ranking member, the In my role as a previous representa- Mr. OBERSTAR. Mr. Speaker, I yield gentleman from Minnesota (Mr. OBER- tive of the Fourth Congressional Dis- myself such time as I may consume. STAR) said, this is a working instru- trict, before I was freed by the voters Mr. Speaker, I am delighted we have ment, bipartisan, by all Members of for other duties, as we say, and the reached this point. I know that the both sides of the aisle who have worked

VerDate May 21 2004 00:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A03JN7.034 H03PT1 H3744 CONGRESSIONAL RECORD — HOUSE June 3, 2004 very long and hard to arrive at a deci- I want to stay that I strongly support with him in 1991 when they created sion and passed a bill which we believe this motion to instruct. This is an ISTEA and continued through TEA–21 is a very good piece of legislation. enormously important program. It is and now moves forward into TEA-LU But we requested going to con- one that the gentleman from Min- in that it recognizes that there needs ference. It is because of the differences, nesota (Mr. OBERSTAR), the ranking to be intermodalism and there is more as usual, between the Senate and the member, has worked on for a long, long to transportation than just concrete, House, as it should be. It is my hope, period of time. It is something that I asphalt and moving people in their with the cooperation we have had in personally am very much interested in, automobiles. the past, we will be able to talk to the being a cyclist myself; and it is one The Safe Routes to School program Senate and convince them that we are that I know the gentleman from Alas- is something that has worked very, in the right position at the right time. ka (Chairman YOUNG) and the gen- very well; and by expanding it to a na- I will say, everybody knows where we tleman from Wisconsin (Chairman tional level and asking our friends in came from, to begin with, it is a con- PETRI) also have supported very the Senate in this motion to instruct siderable amount of more money than strongly, and I appreciate their sup- to accede to the language that we have passed the House. The Senate does port. included in the bill is exactly the right have more money in the bill, and it is But in talking about the gentleman thing to do, and I give the gentleman now our job to try to reach a decision from Alaska (Chairman YOUNG) and the from Minnesota (Mr. OBERSTAR) a lot to do what is best for this great Nation gentleman from Wisconsin (Chairman of credit for again making this the of ours in our infrastructure. PETRI), I want to once again stress the point that we are talking about today. I have to stress that, and infrastruc- fact that the product that we have pro- It is a great day for the Committee ture is the key to our economy. Infra- duced out of the Committee on Trans- on Transportation and Infrastructure, structure is what makes all other portation and Infrastructure is a prod- and it is a great day for the Nation things work in this legislative body. uct that the Republicans and the that we are moving this process for- Without good transportation, we are Democrats shared equally in. We ward. There have been some fits and unable to provide the monies for Medi- worked in concert. We certainly did starts on this bill. We had some dif- care, Medicaid, prescription drugs, bor- have some disagreements. There were fering levels when it came to funding. der patrol, Social Security, all those certainly some things that we did not We had a little tip from the White good things we talked about. The only see eye to eye on, but we resolved those House over what that funding should thing that drives that is infrastructure in a very honest, open manner. be, but only when we get in a con- that makes people and product move. I want to compliment the gentleman ference and are able to talk with our So we believe that we have a good piece from Alaska (Chairman YOUNG) once friends and colleagues from the United of legislation. again for the patience and the persist- States Senate about what divides us on On the House side, it passed over- ence that he has demonstrated in mov- the bill and engage the White House whelmingly, the largest single vote ing this bill to the floor of the House of can we hopefully convince them that, that any Congress has ever voted on a Representatives. I know it has been as the gentleman from Illinois (Mr. LI- transportation bill. It was done in this very difficult for him. There have been PINSKI) indicated, this is a jobs bill. House. We had less negative votes than many extenuating circumstances that This bill is critically important to not any other time. have delayed things, but it certainly only relieving congestion; it is impor- And, again, we passed it over to the was not any fault of his. tant to make sure that men and women Senate. They rejected it. We rejected I know that if the Senate will be as in this country are working. what they sent us, and now it is up to cooperative, as helpful, as under- The great thing about working is us to ask for this conference. I am hop- standing as we in the House have been that these are jobs that cannot be ing that the Senate and House Mem- in putting this legislation together outsourced. There has been a lot of bers will work together, collectively, that it should not take long for this talk about outsource. These are Amer- and we will arrive at a very rapid solu- conference committee to agree upon a ican construction jobs that are going tion to this very, very important issue bill to bring back to the House and to take place in American cities and to this great Nation. Senate and to move on to the President American towns all across the country. Again, I want to stress to Members so that we can really energize this So I am very pleased that we are at that may be watching in their offices is economy in this country. this stage today, and I want to go back this is a friendly motion to instruct, There is no more important bill for to this motion to instruct to conclude. one which I support; and if there is a the economy that this legislative body Sometimes around here we name vote, and I expect to ask for a vote, I can deal with than this bill dealing things in a way that sounds nice, but will ask for a yes vote. with highways and mass transit in the they are really not good programs. Mr. Speaker, I reserve the balance of United States of America. As my favor- That is not the case with Safe Routes my time. ite President of the 20th century said, to School. It is a good program, and it Mr. OBERSTAR. Mr. Speaker, I yield this type of bill is a jobs, jobs, jobs bill. deserves our support; and I hope we are myself 45 seconds to extol the labors of We need that in this economy, but we able to convince our friends in the Sen- the gentleman from Illinois (Mr. LIPIN- need more ways to move people around, ate to do the same. SKI). and this is the way to do it. Mr. OBERSTAR. Mr. Speaker, I yield He has been a constant, solid, secure, I thank the gentleman very much for 3 minutes to the gentlewoman from wise, counselor as we worked our way the time. Texas (Ms. EDDIE BERNICE JOHNSON). through the various provisions of this Mr. YOUNG of Alaska. Mr. Speaker, I Ms. EDDIE BERNICE JOHNSON of legislation in the internal negotiations yield what time he may consume to the Texas. Mr. Speaker, let me begin my in committee and through the mark- gentleman from Ohio (Mr. remarks by thanking both the chair- up; and I look forward to his continued LATOURETTE), the chairman of the Sub- man and our ranking member for such participation as a seasoned hand in the committee on Economic Development, a cooperative spirit in this committee; House-Senate Conference on Transpor- Public Buildings and Emergency Man- and it is appreciated by, I am certain, tation. agement, a member of the conference. Members on both sides of the aisle. Mr. Speaker, I yield such time as he Mr. LATOURETTE. Mr. Speaker, I I rise in strong support of the Ober- may consume to the gentleman from want to commend the distinguished star motion to instruct conferees to ac- Illinois (Mr. LIPINSKI), the ranking ranking member of our full committee cept the Safe Routes to School pro- member on the Subcommittee on High- for making this the subject of the mo- gram as included in H.R. 3550. The ways, Transit and Pipelines. tion to instruct conferees, and it is a House version outlines a stronger, tribute to not only him but the bipar- more flexible program than the Senate b 1330 tisan nature in which this committee version. The House version will provide Mr. LIPINSKI. Mr. Speaker, I thank works to build America’s infrastruc- much-needed funding for infrastructure the gentleman from Minnesota (Mr. ture, and it continues his vision and improvement and safety initiatives, OBERSTAR) for the time. the vision of those that worked back ensure that States receive no less than

VerDate May 21 2004 00:51 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.047 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3745 $2 million a year, and would improve committee, the gentleman from Wis- quorum is not present and make the the ability of kids to safely and con- consin (Mr. PETRI); the kind words of point of order that a quorum is not veniently get to school by walking or the gentleman from Ohio; my col- present. biking. league, the gentleman from Illinois The SPEAKER pro tempore. Evi- In my home State of Texas, the re- (Mr. LIPINSKI); and my colleague, the dently a quorum is not present. quests for funding for this popular ini- gentlewoman from Texas (Ms. EDDIE The Sergeant at Arms will notify ab- tiative have been overwhelming, with BERNICE JOHNSON). sent Members. In conclusion, Mr. Speaker, I want to request amounts far exceeding our cur- The SPEAKER pro tempore. Pursu- say that the gentleman from Alaska rent budget amounts. ant to clause 8 of rule XX, this 15- So I urge my colleagues to address (Chairman YOUNG) has given us strong, minute vote on the motion to instruct the congestion around our Nation’s vigorous, unflagging, unfailing leader- will be followed by a 5-minute vote on schools and provide increased physical ship in moving this legislation from suspending the rules and adopting fitness opportunities for kids by sup- the time we conceived the bill to the House Resolution 655. porting this motion to instruct. time we introduced the bill to the time Mr. YOUNG of Alaska. Mr. Speaker, I we moved it through committee. It was The vote was taken by electronic de- have no other speakers at this time, his persistence, his insistence and vi- vice, and there were—yeas 377, nays 30, and I yield back the balance of my sion of investing in America, creating not voting 27, as follows: time. jobs, moving America forward, restor- [Roll No. 227] Mr. OBERSTAR. Mr. Speaker, I yield ing our economic vitality, meeting YEAS—377 myself such time as I may consume. congestion head-on, investing in the fu- Abercrombie Davis (CA) Holden The inspiration for this initiative in ture of America at the base of our Ackerman Davis (FL) Holt this legislation was a report by the economy, to stimulate the whole econ- Aderholt Davis (IL) Honda Centers For Disease Control of the U.S. omy. We will need that continued vi- Akin Davis (TN) Hooley (OR) Alexander Davis, Jo Ann Hostettler Public Health Service, the Department sionary, strong, forceful leadership as Allen Davis, Tom Houghton of Health and Human Services some 4 we go into conference with the dif- Andrews DeFazio Hoyer years ago. I participated in this conferences that are considerable between Baca Delahunt Hulshof the two versions of this legislation. Bachus DeLauro Hunter ference and listened to the presen- Baird Diaz-Balart, L. Inslee tation that over 300,000 Americans a It is my hope that TEA-LU will pre- Baker Diaz-Balart, M. Israel year die of obesity and its complica- vail in policy and that we may move Baldwin Dicks Issa tions, the second-leading cause of closer to the other body’s version in in- Ballenger Dingell Jackson (IL) Bartlett (MD) Doggett Jackson-Lee death in America. Yet 25 percent of vestment and that at another date, Barton (TX) Dooley (CA) (TX) America’s 15-and-under school children after we get this enacted, we will come Bass Doolittle Johnson (CT) are clinically obese; 36 percent of all back and do the real bill at the $375 bil- Beauprez Doyle Johnson (IL) lion level that we all know is needed to Becerra Duncan Johnson, E. B. Americans are obese or are seriously Bell Edwards Jones (NC) clinically overweight. We are facing a move America forward. Bereuter Ehlers Jones (OH) health epidemic that 75 percent of chil- Mr. YOUNG of Alaska. Mr. Speaker, Berkley Emanuel Kanjorski dren 15 and under do not walk, do not will the gentleman yield? Berman Engel Kaptur Mr. OBERSTAR. I yield to the gen- Berry English Keller bicycle to school or associated activi- Biggert Eshoo Kelly ties; they are driven. That is a class in tleman from Alaska. Bilirakis Etheridge Kennedy (MN) Mr. YOUNG of Alaska. Mr. Speaker, I our society that is mobility challenged. Bishop (GA) Evans Kennedy (RI) appreciate the comments the gen- Bishop (NY) Everett Kildee I heard these numbers and others Blumenauer Farr Kilpatrick that I will not repeat here that just tleman has made, and he knows this has been a joint effort. The gentleman Boehlert Fattah Kind show an emerging health crisis with Boehner Feeney King (IA) huge implications for obesity, for car- has worked well with us, and I can as- Bono Ferguson King (NY) Boozman Filner Kirk diovascular disease, stroke, diabetes, sure him that we are on the same page; and as we go to conference, there will Boswell Foley Kleczka and other related illnesses. Boucher Forbes Kline The Centers For Disease Control be some differences of opinion, but I Boyd Ford Knollenberg think if we stand shoulder to shoulder, Bradley (NH) Fossella Kolbe raised the flag. I thought we ought to Brady (TX) Frank (MA) Kucinich have a response. I gathered together a our policy will prevail. Now our problem is to try to get the Brown (OH) Frelinghuysen LaHood group of active-living organizations, Brown (SC) Frost Lampson money to take and implement that pol- those bicycling and pedestrian and Brown, Corrine Gallegly Langevin icy, and that is going to be our respon- Brown-Waite, Garrett (NJ) Lantos other outdoor activities, cited those sibility, and I think we can do it. I am Ginny Gephardt Larsen (WA) figures and said I have got an idea to Burgess Gibbons Larson (CT) very positive about it. I always have deal with this: we will call it Safe Burns Gilchrest Latham been, always will be because it is the Routes to School, to engage an entire Burr Gillmor LaTourette right thing to do, and we will continue Buyer Gingrey Leach generation of Americans in a healthier our efforts; and I thank the gentleman Calvert Gonzalez Lee lifestyle that will follow them through- Camp Goode Levin for his comments. out their life. That is a wave through- Capito Goodlatte Lewis (CA) Mr. OBERSTAR. Mr. Speaker, the Capps Gordon Lewis (GA) out society that is starting with ele- gentleman has had a positive, upbeat Cardin Goss Lewis (KY) mentary school age children. They will Cardoza Granger Lipinski attitude from the outset; and that is Carson (IN) Graves LoBiondo carry this all through their young life what it is going to take to get us into adulthood and pass it on to their Carter Green (TX) Lofgren through the coming weeks. Case Green (WI) Lowey children. Mr. Speaker, I yield back the balance Castle Greenwood Lucas (KY) With that, I persuaded the National of my time. Chabot Grijalva Lucas (OK) Highway Traffic Safety Administration Chandler Gutierrez Majette The SPEAKER pro tempore (Mr. Chocola Gutknecht Maloney to commit $50,000 in grants to the OSE). Without objection, the previous Clay Hall Manzullo Marin County schools and another question is ordered on the motion to Clyburn Harman Markey similar grant to honor Arlington Coun- instruct. Coble Harris Marshall ty schools in Boston, and the project Cole Hart Matheson There was no objection. Conyers Hastings (FL) Matsui was under way. It has been an enor- The SPEAKER pro tempore. The Cooper Hastings (WA) McCarthy (MO) mous success, widely imitated through- question is on the motion to instruct Costello Hayes McCarthy (NY) out the country, widely supported. offered by the gentleman from Min- Cox Hefley McCollum Cramer Hensarling McCotter This is a lifestyle change. nesota (Mr. OBERSTAR). Crane Herger McCrery We get an opportunity to do some- The question was taken; and the Crenshaw Herseth McDermott thing like this once in a career in the Speaker pro tempore announced that Crowley Hill McGovern Congress. I greatly appreciate the sup- Cubin Hinchey McHugh the ayes appeared to have it. Cummings Hinojosa McIntyre port of the chairman of the full com- Mr. YOUNG of Alaska. Mr. Speaker, I Cunningham Hobson McKeon mittee; the chairman of the sub- object to the vote on the ground that a Davis (AL) Hoeffel McNulty

VerDate May 21 2004 00:51 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.051 H03PT1 H3746 CONGRESSIONAL RECORD — HOUSE June 3, 2004 Meehan Portman Snyder The result of the vote was announced Isakson Miller (NC) Schakowsky Meek (FL) Price (NC) Solis as above recorded. Israel Miller, Gary Schiff Meeks (NY) Pryce (OH) Souder Issa Miller, George Schrock Menendez Putnam Spratt A motion to reconsider was laid on Istook Mollohan Scott (GA) Mica Radanovich Stark the table. Jackson (IL) Moore Scott (VA) Michaud Rahall Stearns Jackson-Lee Moran (KS) Sensenbrenner Millender- Ramstad Stenholm f (TX) Moran (VA) Serrano McDonald Rangel Strickland Jefferson Murphy Sessions Miller (MI) Regula Stupak CONDEMNING THE CRACKDOWN ON Johnson (CT) Murtha Shadegg Miller (NC) Rehberg Sullivan Johnson (IL) Musgrave Shaw Miller, Gary Renzi Sweeney DEMOCRACY PROTESTORS IN Myrick Shays Miller, George Reyes Tanner TIANANMEN SQUARE, BEIJING, Johnson, E. B. Mollohan Reynolds Tauscher IN THE PEOPLE’S REPUBLIC OF Jones (NC) Nadler Sherman Moore Rodriguez Taylor (MS) Jones (OH) Napolitano Sherwood Moran (KS) Rogers (AL) Taylor (NC) CHINA ON THE 15TH ANNIVER- Kanjorski Neal (MA) Shimkus Moran (VA) Rogers (KY) Terry SARY OF THAT TRAGIC MAS- Kaptur Nethercutt Shuster Murphy Rogers (MI) Thomas SACRE Keller Neugebauer Simmons Murtha Rohrabacher Thompson (CA) Kelly Ney Simpson Musgrave Ros-Lehtinen Thompson (MS) The SPEAKER pro tempore. The un- Kennedy (MN) Northup Skelton Nadler Ross Tiahrt finished business is the question of sus- Kennedy (RI) Norwood Smith (NJ) Napolitano Rothman Tierney pending the rules and agreeing to the Kildee Nunes Smith (TX) Neal (MA) Roybal-Allard Towns resolution, H. Res. 655. Kilpatrick Nussle Smith (WA) Nethercutt Ruppersberger Turner (OH) Kind Oberstar Snyder Neugebauer Rush Turner (TX) The Clerk read the title of the resolu- King (IA) Ortiz Solis Ney Ryan (OH) Udall (CO) tion. King (NY) Osborne Souder Nunes Ryan (WI) Udall (NM) Kingston Ose Spratt Nussle Ryun (KS) Upton The SPEAKER pro tempore. The Kirk Owens Stark Oberstar Sabo Van Hollen question is on the motion offered by Kleczka Oxley Stearns Olver Sa´ nchez, Linda Vela´ zquez the gentleman from New Jersey (Mr. Kline Pallone Stenholm Ortiz T. Visclosky SMITH) that the House suspend the Osborne Sanchez, Loretta Vitter Knollenberg Pascrell Strickland Ose Sanders Walden (OR) rules and agree to the resolution, H. Kolbe Pastor Stupak Otter Sandlin Walsh Res. 655, on which the yeas and nays Kucinich Payne Sullivan Owens Saxton Wamp are ordered. LaHood Pearce Sweeney Oxley Schakowsky Waters Lampson Pelosi Tancredo Pallone Schiff Watson This will be a 5-minute vote. Langevin Pence Tanner Pascrell Scott (GA) Watt The vote was taken by electronic de- Lantos Peterson (MN) Tauscher Pastor Sensenbrenner Waxman vice, and there were—yeas 400, nays 1, Larsen (WA) Peterson (PA) Taylor (MS) Paul Serrano Weiner not voting 33, as follows: Larson (CT) Petri Taylor (NC) Payne Sessions Weldon (FL) Latham Pickering Terry Pearce Shaw Weldon (PA) [Roll No. 228] LaTourette Pitts Thomas Pelosi Shays Weller YEAS—400 Leach Platts Thompson (CA) Pence Sherman Wexler Lee Pombo Thompson (MS) Peterson (MN) Sherwood Whitfield Abercrombie Cardin Filner Ackerman Cardoza Flake Levin Pomeroy Thornberry Peterson (PA) Shimkus Wicker Lewis (GA) Porter Tiahrt Petri Shuster Wilson (NM) Aderholt Carson (IN) Foley Lewis (KY) Portman Tiberi Pickering Simmons Wolf Akin Carter Forbes Linder Price (NC) Tierney Pitts Simpson Woolsey Alexander Case Ford Lipinski Pryce (OH) Toomey Platts Skelton Wu Allen Castle Fossella Pombo Smith (NJ) Wynn Andrews Chabot Frank (MA) LoBiondo Putnam Towns Pomeroy Smith (TX) Young (AK) Baca Chandler Franks (AZ) Lofgren Radanovich Turner (OH) Porter Smith (WA) Young (FL) Bachus Chocola Frelinghuysen Lowey Rahall Turner (TX) Baird Clay Frost Lucas (KY) Ramstad Udall (CO) NAYS—30 Baker Clyburn Gallegly Lucas (OK) Rangel Udall (NM) Barrett (SC) Flake Northup Baldwin Coble Garrett (NJ) Majette Regula Upton Bishop (UT) Franks (AZ) Norwood Barrett (SC) Cole Gephardt Maloney Rehberg Van Hollen Blackburn Hayworth Royce Bartlett (MD) Conyers Gibbons Manzullo Renzi Vela´ zquez Blunt Hoekstra Schrock Barton (TX) Cooper Gilchrest Markey Reyes Visclosky Bass Costello Bonilla Hyde Shadegg Gillmor Matheson Reynolds Vitter Beauprez Cox Gingrey Bonner Isakson Tancredo Matsui Rodriguez Walden (OR) Becerra Crane Gonzalez Cannon Kingston Thornberry McCarthy (MO) Rogers (AL) Walsh Cantor Linder Tiberi Bell Crenshaw Goode Bereuter Crowley Goodlatte McCarthy (NY) Rogers (KY) Wamp Culberson Miller (FL) Toomey McCollum Rogers (MI) Waters DeLay Myrick Wilson (SC) Berkley Cubin Gordon Berman Culberson Goss McCotter Rohrabacher Watson NOT VOTING—27 Berry Cummings Granger McCrery Ros-Lehtinen Watt Biggert Cunningham Graves McDermott Ross Waxman Ballance Deutsch Johnson, Sam Bilirakis Davis (AL) Green (TX) McGovern Rothman Weiner Brady (PA) Dreier Lynch Bishop (GA) Davis (CA) Green (WI) McHugh Roybal-Allard Weldon (FL) Burton (IN) Dunn McInnis Bishop (NY) Davis (FL) Greenwood McIntyre Royce Weldon (PA) Capuano Emerson Obey Bishop (UT) Davis (IL) Grijalva McKeon Ruppersberger Weller Carson (OK) Gerlach Quinn Blackburn Davis (TN) Gutierrez Collins Istook Scott (VA) McNulty Rush Wexler Blumenauer Davis, Jo Ann Gutknecht Deal (GA) Jefferson Slaughter Meehan Ryan (OH) Whitfield Blunt Davis, Tom Hall DeGette Jenkins Smith (MI) Meek (FL) Ryan (WI) Wicker Boehlert DeFazio Harman DeMint John Tauzin Meeks (NY) Ryun (KS) Wilson (NM) Boehner Delahunt Harris Menendez Sabo Wolf ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Bonilla DeLauro Hart Mica Sa´ nchez, Linda Woolsey Bonner DeLay Hastings (FL) Michaud T. Wu The SPEAKER pro tempore (Mr. OSE) Bono Diaz-Balart, L. Hastings (WA) Millender- Sanchez, Loretta Wynn (during the vote). Members are advised Boozman Diaz-Balart, M. Hayes McDonald Sanders Young (AK) 2 minutes remain in this vote. Boswell Dicks Hayworth Boucher Dingell Hefley Miller (FL) Sandlin Young (FL) b 1406 Boyd Doggett Hensarling Miller (MI) Saxton Bradley (NH) Dooley (CA) Herger Messrs. TIBERI, CULBERSON, LIN- Brady (TX) Doolittle Herseth NAYS—1 DER, DELAY, ROYCE, CANTOR, Brown (OH) Doyle Hill Paul TANCREDO, BONNER, FRANKS of Ar- Brown (SC) Duncan Hinchey izona, ISAKSON, BARRETT of South Brown, Corrine Edwards Hinojosa NOT VOTING—33 Brown-Waite, Ehlers Hobson Carolina, BISHOP of Utah, Ginny Emanuel Hoeffel Ballance Deutsch Lynch HAYWORTH, SCHROCK, HOEKSTRA, Burgess Engel Hoekstra Ballenger Dreier Marshall TOOMEY, Mrs. NORTHUP and Mrs. Burns English Holden Brady (PA) Dunn McInnis Burr Eshoo Holt Burton (IN) Emerson Obey BLACKBURN changed their vote from Buyer Etheridge Honda Capuano Gerlach Olver ‘‘yea’’ to ‘‘nay.’’ Calvert Evans Hooley (OR) Carson (OK) Houghton Otter Mr. WELLER changed his vote from Camp Everett Hostettler Collins Hunter Quinn ‘‘nay’’ to ‘‘yea.’’ Cannon Farr Hoyer Cramer Jenkins Slaughter Cantor Fattah Hulshof Deal (GA) John Smith (MI) So the motion to instruct was agreed Capito Feeney Hyde DeGette Johnson, Sam Tauzin to. Capps Ferguson Inslee DeMint Lewis (CA) Wilson (SC)

VerDate May 21 2004 02:34 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A03JN7.029 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3747 b 1414 From the Committee on Education RESIGNATION AS MEMBER OF So (two-thirds having voted in favor and the Workforce, for consideration of COMMITTEE ON AGRICULTURE thereof) the rules were suspended and sections 1602 and 3030 of the House bill, The SPEAKER pro tempore (Mr. OSE) the resolution was agreed to. and sections 1306, 3013, 3032, and 4632 of laid before the House the following res- The result of the vote was announced the Senate amendment, and modifica- ignation as a member of the Com- as above recorded. tions committed to conference: Mr. mittee on Agriculture: BALLENGER, Mrs. BIGGERT, and Mr. A motion to reconsider was laid on U.S. CONGRESS, the table. GEORGE MILLER of California. HOUSE OF REPRESENTATIVES, f From the Committee on Energy and Washington, DC, June 3, 2004. Commerce, for consideration of provi- Hon. DENNIS HASTERT, PERSONAL EXPLANATION sions of the House bill and Senate Speaker of the House, House of Representatives, Ms. SLAUGHTER. Mr. Speaker, I was un- amendment relating to Clean Air Act The Capitol, Washington, DC. provisions of transportation planning DEAR MR. SPEAKER: Effective today, June able to be present for rollcall votes 227 and 3rd, 2004, I hereby resign from the Committee 228. Had I been present, I would have voted contained in section 6001 of the House on Agriculture. ‘‘yea’’ on rollcall votes 227 and 228. bill, and sections 3005 and 3006 of the Sincerely, f Senate amendment; and sections 1202, MIKE THOMPSON, 1824, 1828, and 5203 of the House bill, Member of Congress. PERSONAL EXPLANATION and sections 1501, 1511, 1522, 1610–1619, The SPEAKER pro tempore. Without Mr. BURTON of Indiana. Mr. Speaker, for 3016, 3023, 4108, 4151, 4152, 4155–4159, 4162, objection, the resignation is accepted. personal reasons I had to return to my District 4172, 4173, 4424, 4481, 4482, 4484, 4662, 8001, There was no objection. in Indiana and I was therefore unable to be on and 8002 of the Senate amendment, and f the House Floor for rollcall votes 223, 224, modifications committed to con- 225, 226, 227, and 228. ference: Messrs. BARTON of Texas, PICK- ELECTION OF MEMBER TO Had I been here I would have voted ‘‘aye’’ ERING and DINGELL. COMMITTEE ON AGRICULTURE for rollcall vote 223, ‘‘no’’ for rollcall vote 224, From the Committee on Government Mr. MENENDEZ. Mr. Speaker, by di- ‘‘aye’’ for rollcall vote 225, ‘‘aye’’ for rollcall Reform, for consideration of section rection of the Democratic Caucus, I vote 226, ‘‘aye’’ for rollcall vote 227, and ‘‘aye’’ 1802 of the Senate amendment, and call up a privileged resolution (H. Res. for rollcall vote 228. modifications committed to con- 661) and ask for its immediate consider- f ference: Messrs. TOM DAVIS of Virginia, ation. PERSONAL EXPLANATION SCHROCK, and WAXMAN. The Clerk read the resolution, as fol- From the Committee on the Judici- lows: Mr. COLLINS. Mr. Speaker, I was not ary, for consideration of sections 1105, H. Res. 661 present for rollcall vote 227, on Motion to In- 1207, 1602, 1812, 2011, 3023, 4105, 4108, 4201, Resolved, That the following named Mem- struct Conferees on Transportation Equity Act: 4202, 4204, 5209, 5501, 6001, 6002, 7012, ber be and is hereby elected to the following A Legacy for Users (H.R. 3550); rollcall vote 7019–7022, and 7024 of the House bill, and standing committee of the House of Rep- 228, condemning the crackdown on democ- sections 1512, 1513, 1802, 3006, 3022, 3030, resentatives: racy protesters in Tiananmen Square, Beijing, COMMITTEE ON AGRICULTURE: Ms. Herseth 4104, 4110, 4174, 4226, 4231, 4234, 4265, 4307, (to rank immediately after Mr. Marshall). in the People’s Republic of China on the 15th 4308, 4315, 4424, 4432, 4440–4442, 4445, 4447, anniversary of that tragic massacre (H. Res. 4462, 4463, 4633, and 4661 of the Senate The resolution was agreed to. A motion to reconsider was laid on 655). amendment, and modifications com- Had I been present, I would have voted the table. mitted to conference: Messrs. SENSEN- ‘‘yea’’ for rollcall votes 227 and 228. BRENNER, SMITH of Texas, and CONYERS. f f LEGISLATIVE PROGRAM MESSAGES FROM THE PRESIDENT b 1415 (Mr. HOYER asked and was given Messages in writing from the Presi- From the Committee on Resources, permission to address the House for 1 dent of the United States were commu- for consideration of sections 1117, 3021, minute and to revise and extend his re- nicated to the House by Ms. Wanda 6002, and 6003 of the House bill, and sec- marks.) Evans, one of his secretaries. tions 1501, 1502, 1505, 1511, 1514, 1601, Mr. HOYER. Mr. Speaker, I take this f 1603, 3041, and 4521 through 4528 of the time for the purpose of asking the majority leader about the schedule for the APPOINTMENT OF CONFEREES ON Senate amendment, and modifications committed to conference: Messrs. week to come. H.R. 3550, TRANSPORTATION EQ- I yield to my friend, the majority POMBO, GIBBONS and KIND. UITY ACT: A LEGACY FOR USERS leader, the gentleman from Texas (Mr. From the Committee on Rules, for The SPEAKER pro tempore. Without DELAY). consideration of sections 8004 and 8005 objection, the Chair appoints the fol- Mr. DELAY. Mr Speaker, I thank the lowing conferees: of the House bill, and modifications distinguished gentleman from Mary- From the Committee on Transpor- committed to conference: Messrs. land for yielding to me. tation and Infrastructure, for consider- DREIER, SESSIONS and FROST. Mr. Speaker, the House will convene ation of the House bill (except title IX) From the Committee on, Science, for on Tuesday at 12:30 p.m. for morning and the Senate amendment (except consideration of sections 2001, 3013, hour and 2 p.m. for legislative business. title V), and modifications committed 3015, 3034, 4112, and Title V of the House We will consider several measures to conference: Messrs. YOUNG of Alas- bill, and Title II, sections 3014, 3015, under suspension of the rules. A final ka, PETRI, BOEHLERT, COBLE, DUNCAN, 3037, 4102, 4104, 4237, and 4461 of the Sen- list of those bills will be sent to Mem- MICA, HOEKSTRA, EHLERS, BACHUS, ate amendment, and modifications bers’ offices by the end of this week. LATOURETTE, GARY G. MILLER of Cali- committed to conference: Messrs. Any votes called on these measures fornia, REHBERG, BEAUPREZ, OBERSTAR, GILCHREST, NEUGEBAUER and GORDON. will be rolled until 6:30 p.m. RAHALL, LIPINSKI, DEFAZIO, COSTELLO, From the Committee on Ways and On Wednesday and the balance of the Ms. NORTON, Mr. NADLER, Mr. MENEN- Means, for consideration of Title IX of week, we plan to consider several bills DEZ, Ms. CORRINE BROWN of Florida, the House bill, and Title V of the Sen- that respond to the urgent demand for Mr. FILNER, and Ms. EDDIE BERNICE ate amendment, and modifications national action on energy policy: The JOHNSON of Texas. committed to conference: Messrs. Arctic Coastal Plain Domestic Secu- From the Committee on the Budget, THOMAS, MCCRERY and RANGEL. rity and Abandoned Mine Lands Rec- for consideration of sections 8001–8003 For consideration of the House bill lamation Reform Act, The Renewable of the House bill, and title VI of the and Senate amendment, and modifica- Energy Project Siting Improvement Senate amendment, and modifications tions committed to conference: Mr. Act, The Energy Policy Act, The En- committed to conference: Messrs. DELAY. ergy Science Act and The U.S. Refinery NUSSLE, SHAYS, and SPRATT. There was no objection. Revitalization Act.

VerDate May 21 2004 00:51 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.055 H03PT1 H3748 CONGRESSIONAL RECORD — HOUSE June 3, 2004 I thank the gentleman for yielding Mr. HOYER. I thank the gentleman reductions. In addition, the bill would and would be happy to answer any for that information. Hopefully we will instate statutory spending caps on questions. have an opportunity so that our Mem- statutory programs. Now that the Mr. HOYER. I thank my friend for bers, certainly on the committees of House has passed the budget resolution that information. jurisdiction on the minority side, will conference report, we look forward to First, if I can ask the leader, there have an opportunity to review them quick consideration of this bill. are not bill numbers on the energy and advise our side of the aisle at least We have a very busy schedule packages to which the gentleman re- their views on those, in light of the planned for next week. We had planned ferred. Have these bills been intro- fact they are not going to be consid- on bringing this bill up next week and duced, are there going to be hearings ered in committee and some will be on still may do so. But we may not be able held on them, have hearings been held suspension. Others will go to the Com- to consider this bill next week; and, on them, will they be considered by mittee on Rules? therefore, we most probably would committee? Can the gentleman fill us Mr. DELAY. If the gentleman will schedule it for the following week. in on some of that information? yield further, that is correct. Mr. HOYER. Mr. Speaker, I thank Mr. DELAY. Mr. Speaker, the bills Mr. HOYER. I thank the gentleman the gentleman for that information. As are being worked on as we speak. We for that information. the gentleman knows, I am sure both anticipate many of them being intro- The FSC bill, there has been a lot of sides of the aisle feel that is a critical duced today, if not today, tomorrow. talk about the FSC bill. Can the leader piece of legislation, in light of the defi- Most of the bills have already been tell me when we might anticipate a cits that are confronting us, as to how considered or voted on in the past on FSC bill being on the floor or being we can get those under control. I know energy policies. We do not anticipate marked up in committee? there are differences of opinion on the need for any committee action on Mr. DELAY. If the gentleman will that, but I know on our side of the aisle many of these bills. Some of them are yield further, as we are doing this col- we believe that that is a very impor- suspension-type bills, and we antici- loquy, the Speaker is contemplating tant step for us to take in light of the pate bringing some on suspension cal- how we can accommodate the ranking budget deficits. endar and then others by rule. member of the Committee on Ways and Mr. HOYER. Mr. Speaker, I thank Lastly, Mr. Leader, if I can ask the Means who is going with the Speaker the gentleman for that information. leader, it was I think tentatively be- Let me clarify: Have some of these over the weekend for the D–Day cele- lieved that we would be meeting next bills passed in perhaps the larger en- bration. I think we have at least ten- Friday. In light of the accommodation ergy bill? Is that what the gentleman tatively worked out a schedule where- on the FSC or jobs bill, would Members is saying? by the Committee on Ways and Means be correct in thinking that Friday of Mr. DELAY. That is correct. could do their markup on Wednesday next week may not be a legislative Mr. HOYER. So the gentleman is or Thursday and have the bill on the day? taking segments out of that bill to put floor the first of the week following. Mr. DELAY. If the gentleman will in separate pieces of legislation? Mr. HOYER. I thank the leader. I yield further, that is very difficult to Mr. DELAY. Mr. Speaker, if the gen- want to, on behalf of the gentleman say. We do have a very ambitious tleman will yield further, we are tak- from New York (Mr. RANGEL), state our schedule for next week. It could very ing some of the bills and issues out of appreciation for that consideration. It likely take Friday to complete that the House-passed energy bill that did is my understanding the gentleman is schedule. However, we are going to not find their way into the conference going to Normandy with the Speaker work as hard as we can to get our work report that is pending before the Sen- and they will not return until approxi- done as soon as we can; and, if we can ate that the House has already passed. mately 5 or so Tuesday afternoon, so get our work done, we may not have to So the major piece of legislation, the that meeting at 6 o’clock would have work on Friday. But I would warn the Energy Policy Act of 2004, is a restate- been difficult. We appreciate the con- Members that it is very possible that ment of the energy conference report sideration that has been given. we would have to be here on Friday. Mr. DELAY. If the gentleman will that is pending in the Senate, the b 1430 ANWR AML bill. There are amend- yield further, I might also add that the ments against ANWR that have failed, jobs bill contemplated by the chairman Mr. HOYER. Mr. Speaker, I thank but we have had votes on ANWR in this will probably be introduced by tomor- the leader for his information. House in the debate on the energy bill row. So Members will have at least f over the weekend a chance to look at leaving the House. The U.S. refinery DISPENSING WITH CALENDAR the bill before the markup of the com- revitalization bill is a bill that we an- WEDNESDAY BUSINESS ON mittee. ticipate being on suspension. The WEDNESDAY NEXT ANWR AML bill will be under rule. Mr. HOYER. You say the jobs bill; Mr. HOYER. All right, that is the the American Jobs Creation Act? Mr. DELAY. Mr. Speaker, I ask unan- Arctic Coastal Plan Domestic Energy Mr. DELAY. That is correct. Some imous consent that the business in Security and Abandoned Mine Lands people refer to that as FSC. order under the Calendar Wednesday Reclamation Reform Act? Mr. HOYER. I see what the gen- rule be dispensed with on Wednesday Mr. DELAY. That is correct. That is tleman is saying. It is one and the next. what we call the ANWR AML bill. same. The SPEAKER pro tempore (Mr. Mr. HOYER. I thank the gentleman. Where are those jobs, Mr. Leader? OSE). Is there objection to the request The gentleman anticipates some of Mr. DELAY. They are all in that bill, of the gentleman from Texas? these may be introduced today. When thousands upon thousands of them. There was no objection. would Members be able to have copies Mr. HOYER. Actually, I meant are f of these bills to review, and have these they overseas or here in America? ADDITIONAL TEMPORARY EXTEN- bills been reviewed by the minority on Mr. DELAY. We are bringing them the committees of jurisdiction? home, Mr. Whip. SION OF AUTHORIZATION OF Mr. DELAY. Mr. Speaker, I am not Mr. HOYER. I presume that will be PROGRAMS UNDER SMALL BUSI- privy to the work done by the relevant part of our debate, Mr. Leader. NESS ACT AND SMALL BUSINESS committees, the most relevant com- Mr. Leader, lastly, the budget en- INVESTMENT ACT OF 1958 mittees, the Committee on Resources forcement bill, is that going to be on Mr. MANZULLO. Mr. Speaker, I ask and the Committee on Energy and the calendar at any time soon? unanimous consent that the Com- Commerce, as to what they have done Mr. DELAY. As the gentleman mittee on Small Business be dis- or not done with the minority, but as knows, in March the Committee on the charged from further consideration of far as the gentleman’s question on Budget passed a bill that would extend the bill (H.R. 4478), to provide for an when Members will be able to see those statutory pay-as-you-go rules on new additional temporary extension of pro- bills, obviously, as soon as they are in- mandatory spending to ensure that grams under the Small Business Act troduced, they will be available. new programs are offset by spending and the Small Business Investment Act

VerDate May 21 2004 00:51 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.059 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3749 of 1958 through July 23, 2004, and for on Ways and Means and ordered to be sections (a) and (b) of section 402 of the other purposes, and ask for its imme- printed: Act to Vietnam. This document con- diate consideration in the House. To the Congress of the United States: stitutes my recommendation to con- The Clerk read the title of the bill. I hereby transmit the document re- tinue in effect this waiver for a further The SPEAKER pro tempore. Is there ferred to in subsection 402(d)(1) of the 12-month period and includes my deter- objection to the request of the gen- Trade Act of 1974 (the ‘‘Act’’), as mination that continuation of the tleman from Illinois? waiver currently in effect for Vietnam ´ amended, with respect to the continu- Ms. VELAZQUEZ. Mr. Speaker, re- ation of a waiver of application of sub- will substantially promote the objec- serving the right to object, and I do not sections (a) and (b) of section 402 of the tives of section 402 of the Act and my intend to object, the legislation we are Act to Turkmenistan. This document reasons for such determination. about to pass is necessary because the constitutes my recommendation to GEORGE W. BUSH. House still has not gotten its work continue this waiver for a further 12- THE WHITE HOUSE, June 3, 2004. done on the reauthorization of the month period and includes my deter- f Small Business Administration. H.R. mination that continuation of the 4478 represents the fourth extension waiver currently in effect for HOUR OF MEETING ON FRIDAY, since the Committee on Small Business Turkmenistan will substantially pro- JUNE 4, 2004 unanimously passed bipartisan legisla- mote the objectives of section 402 of Mr. SHIMKUS. Mr. Speaker, I ask tion almost a year ago, and yet the the Act, and my reasons for such deter- unanimous consent that when the House leadership continues to block its mination. House adjourns today it adjourn to consideration. GEORGE W. BUSH. meet at noon tomorrow, Friday, June I am reluctantly agreeing to this be- THE WHITE HOUSE, June 3, 2004. cause, while the legislation does extend 4, 2004. f the SBA until the end of July, it fails The SPEAKER pro tempore. Is there to address the critical needs of the 7(a) REPORT TO CONGRESS CON- objection to the request of the gen- and 504 loans programs. CERNING EXTENSION OF WAIVER tleman from Illinois? We need to bring the SBA reauthor- AUTHORITY FOR THE REPUBLIC There was no objection. ization, H.R. 2802, to the floor and give OF BELARUS—MESSAGE FROM f small businesses the access they need THE PRESIDENT OF THE UNITED to important contracting, loan, and STATES (H. DOC. NO. 108–190) ENRON TRADERS PLOT MARKET RIGGING technical assistance programs. The SPEAKER pro tempore laid be- I hope that we do not have another fore the House the following message (Ms. JACKSON-LEE of Texas asked extension and empty promises of ac- from the President of the United and was given permission to address tion. States; which was read and, together the House for 1 minute and to revise Mr. Speaker, I withdraw my reserva- with the accompanying papers, without and extend her remarks.) tion of objection. objection, referred to the Committee Ms. JACKSON-LEE of Texas. Mr. The SPEAKER pro tempore. Is there on Ways and Means and ordered to be Speaker, I happen to represent a great objection to the request of the gen- printed: and wonderful community, Houston, tleman from Illinois? Texas. But in that community is a There was no objection. To the Congress of the United States: I hereby transmit the document re- company called Enron. And I watched The Clerk read the bill, as follows: during the 2 or 3 years past when 5,000 H.R. 4478 ferred to in subsection 402(d)(1) of the Trade Act of 1974 (the ‘‘Act’’), as employees were laid off, through no Be it enacted by the Senate and House of Rep- amended, with respect to the continu- fault of their own, and through some of resentatives of the United States of America in the crumbling and outrageous behavior Congress assembled, ation of a waiver of application of subsections (a) and (b) of section 402 of the of some of those now before the justice SECTION 1. ADDITIONAL TEMPORARY EXTEN- system. SION OF AUTHORIZATION OF PRO- Act to the Republic of Belarus. This GRAMS UNDER SMALL BUSINESS document constitutes my recommenda- But I come to condemn the out- ACT AND SMALL BUSINESS INVEST- tion to continue this waiver for a fur- rageous comments made by Enron em- MENT ACT OF 1958. ployees that really have no place in The authorization for any program, au- ther 12-month period and includes my determination that continuation of the any part of corporate America. thority, or provision, including any pilot As the words go: ‘‘So the rumor is program, that was extended through June 4, waiver currently in effect for Belarus 2004, by section 1 of Public Law 108–217 is fur- will substantially promote the objec- true that they are taking all of the ther extended through July 23, 2004, under tives of section 402 of the Act, and my ‘blank’ money back from you guys; all the same terms and conditions. reasons for such determination. that money you stole from those poor grandmothers in California?’’ SEC. 2. TECHNICAL AMENDMENT. GEORGE W. BUSH. Section 2 of Public Law 108–205 is amended THE WHITE HOUSE, June 3, 2004. Response: ‘‘Yeah, Grandma Millie, by striking ‘‘October 1, 2003’’ and inserting man, she’s the one who could not figure ‘‘March 15, 2004’’. The amendment made by f out how to ‘blank’ vote on the but- the preceding sentence shall take effect as if REPORT TO CONGRESS CON- terfly ballot.’’ included in the enactment of the section to CERNING EXTENSION OF WAIVER Trader: ‘‘Now she wants her ‘blank’ which it relates. AUTHORITY FOR VIETNAM—MES- money back for all the power you The bill was ordered to be engrossed SAGE FROM THE PRESIDENT OF jammed up her ‘blank’ for $250 and read a third time, was read the THE UNITED STATES (H. DOC. megawatts an hour.’’ third time, and passed, and a motion to NO. 108–191) Let me ask corporate America to es- reconsider was laid on the table. The SPEAKER pro tempore laid be- tablish a code of conduct. This is out- f fore the House the following message rageous. This should be condemned, REPORT TO CONGRESS CON- from the President of the United and I hope they get their due justice. CERNING EXTENSION OF WAIVER States; which was read and, together This does not reflect hard-working em- AUTHORITY FOR TURKMENIS- with the accompanying papers, without ployees who every day get up and try TAN—MESSAGE FROM THE objection, referred to the Committee to do their job. PRESIDENT OF THE UNITED on Ways and Means and ordered to be f STATES (H. DOC. NO. 108–189) printed: The SPEAKER pro tempore laid be- To the Congress of the United States: BIPARTISAN AMERICAN VISION fore the House the following message I hereby transmit the document re- FOR LEADERSHIP IN SPACE from the President of the United ferred to in subsection 402(d)(1) of the (Mr. FEENEY asked and was given States; which was read and, together Trade Act of 1974 (the ‘‘Act’’), as permission to address the House for 1 with the accompanying papers, without amended, with respect to the continu- minute and to revise and extend his re- objection, referred to the Committee ation of a waiver of application of sub- marks.)

VerDate May 21 2004 02:34 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.062 H03PT1 H3750 CONGRESSIONAL RECORD — HOUSE June 3, 2004 Mr. FEENEY. Mr. Speaker, there are Mr. SHIMKUS. Mr. Speaker, this is been involved with this program, I some enormous issues that face Amer- the longest 1-minute that we will see would like to say forever, although he ica today, but something is lost, as we on the House floor in a year, and this is may not agree with that. talk about the challenges in the war on the annual farewell to our pages who Mr. KILDEE. Mr. Speaker, I would terror and the President’s leadership in have served us so well this last year. I like to take this opportunity to express Iraq and, of course, finally, the strong- would like to ask the page class of my personal gratitude to all of the ly recovering economy under President 2003–2004 to come on down to the well pages who have served so diligently Bush’s leadership, is the President’s of the Chamber. Come on. Come on here in the 108th Congress. We all rec- space vision for tomorrow. down, and find a place in the first two ognize the important role that congres- It becomes important that we pay at- rows here. sional pages play in helping the U.S. tention to the great things that the Well, here we are. It is a special time. House of Representatives operate. You President has proposed. For the first As you finalize your activities today on come from across the Nation. You rep- time really in 2 decades, we have a new the floor and you go through your resent what is good about our country. space vision to guarantee that America graduation tomorrow and you get load- To become a page, you have had to will continue to be the predominant ed up, first of all, thanks. Thanks for prove yourselves to be academically space leader through the next millen- serving us. Thanks for serving your qualified. You have ventured away nium, as it has been over the last 50 country. We are going to miss you. from the security of your homes and years. It is important that we return As chairman of the House Page families to spend time in an unfamiliar the Shuttle to flight; it is important Board, it is my privilege to acknowl- city. But through this experience, you that we complete the international edge and thank this outstanding group have witnessed a new culture; you have space station. But more importantly, of young men and women. Today made new friends and learned the de- the President has given us a new vision marks your last day of service in the tails of how government operates. And so that we can explore mid-Earth orbit 2004 page class. You are starting an- you have seen Congress at its best and and outer-Earth orbit. other phase of your life, and all of sometimes at its worst. We are human Mr. Speaker, I suggest that Sean these phases of life always continue. beings, but this is the greatest democ- O’Keefe is doing a wonderful job. I hope New phases, new challenges. racy in the world. this House will be able to focus in the While today is the ending of the page As we all know, the job of congres- next 5 months and after the election on experience, it is the beginning of a sional page is not an easy one, and no a bipartisan American vision for lead- multitude of opportunities that may one knows that more than you. Along ership in space. The President’s vision not even be revealed to you yet. Uni- with being away from home, the pages is affordable, it is visionary, it is flexi- versities and careers, travels and ad- must possess the maturity to balance ble; and, most important, it will main- ventures, families and friends all lie on the competing demands for their time tain America’s leadership in space. the horizon for each one of you. and their energy. In addition, you must f It is true that whenever one door have the dedication to work long hours closes, another one opens. Go boldly and the ability to interact with people NEW DIRECTION IN AMERICA FOR on a personal level; from the powerful JOBS through each new door that presents itself during the course of your life and to everyone. You have had to deal with (Mr. BROWN of Ohio asked and was embrace the challenge that the world people, and I am very proud of how you given permission to address the House puts in front of you with the same have dealt with them. for 1 minute and to revise and extend At the same time, you face a chal- vigor and expertise and the commit- his remarks.) lenging academic schedule of classes in ment to work that you have shown Mr. BROWN of Ohio. Mr. Speaker, the House page school. I am sure that President Bush came to northeast here on the floor. We really are proud of you. You have you will consider your time spent here Ohio, Youngstown, last week to try to had an insider’s view that a lot of peo- in Washington, DC, to be one of the defend an economic program that sim- most valuable and exciting experiences ply is not working in any of the Great ple would pay a lot of money for. As many of you know, part of my West of your lives. With that experience, you Lakes industrial States. Ohio has lost will move ahead and lead successful one out of six manufacturing jobs since Point experience was leadership; it is a leadership school. What we teach at and productive lives. President Bush took office. We have Franklin Delano Roosevelt back in West Point is that there are good ex- lost almost 200 jobs every single day of the mid-1930s uttered these words, but amples of leadership and there are bad the Bush administration. they are as relevant today as they were examples of leadership, and take the His answer to that is more tax cuts during those very difficult times. He good and remember the bad and try not for the rich, hoping they trickle down said, ‘‘There is a strange cycle in and create some sort of economic ac- to replicate the bad. As you have seen, a multitude of human events. To some generations, tivity, and more trade agreements like much is given. Of other generations, NAFTA that continue to ship jobs things happened in this last year, I challenge you to do the same thing. much is expected.’’ overseas. Those policies are not work- This generation of Americans has a Look at the good qualities of the Mem- ing. rendezvous with destiny. What we should be doing is extending bers and the staff, not just the page unemployment benefits to the 50,000 program staff, from the dorm to the b 1445 Ohio workers who have lost their bene- school, to here on the floor, but also And having met all of you and seen fits. We should reexamine these trade your interaction with Members of Con- you at work, I am confident that you agreements. We should pass the bipar- gress, your interaction with their will meet the challenges of that ren- tisan Crane-Rangel bill which gives staffs. Take the good. Remember that. dezvous. companies incentives to manufacture Use that to help mold you into the Mr. Speaker, as the Democratic in the United States, rather than giv- kind of adult you want to be. But also member of the House Page Board, ap- ing tax breaks to the largest companies remember the bad experiences, how pointed by Speaker Tip O’Neill. I ask in the country which continue to maybe some of you saw the treatment my colleagues to join me in honoring outsource and continue to ship jobs of other individuals that you did not this group of distinguished young overseas. That policy is not working. really think was right or proper, and Americans. I am personally proud of We need a new direction in Ohio and use that and commit yourself to say, you. I have benefited from you. I think across the country. that is not going to be me when I am we all add to one another. You added to f an adult. That is part of the learning my experiences. You have presented to and growing experience. me a challenge to do better. And when FAREWELL TO PAGES I am going to be able to interject as you go back home, you will have had a (Mr. SHIMKUS asked and was given we have a chance to share, but I want special experience that no one else will permission to address the House for 1 to yield now to the ranking member of have had. minute and to revise and extend his re- the Page Board, the gentleman from There is a great program in this marks.) Michigan (Mr. KILDEE), a man who has country called Close Up. It is a great

VerDate May 21 2004 00:51 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.067 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3751 program, and I always meet with all see short clips, the 30 seconds or the 15 as the gentleman from Michigan (Mr. my Close Up students. But no one has seconds, but you know better than al- KILDEE) pointed out, every generation seen this government as close up as most all of your colleagues, your peers, is called upon to make its contribu- you. When you go back home, you will that that 30-second clip is not nec- tion. have every opportunity to talk about essarily the truth of what happens. In some generations, the challenge is government and how, despite the faults You have seen firsthand the dedica- greater than it is in others. In World and shortcomings, this is a great body tion of Members. You have seen first- War II, we lost 60 million people in the and this is the greatest democracy in hand, as the gentleman from Michigan world. 60 million. 407,000 Americans the world. And you are one of the rea- (Mr. KILDEE) pointed out, and the gen- killed in that war. We are engaged in sons it is. tleman from Illinois (Mr. SHIMKUS) has another war today in your generation Thank you very much, and God bless as well, that those of us who have the and in my generation, a war on ter- you. great honor and privilege of serving rorism. It calls upon a lot of young Mr. SHIMKUS. Mr. Speaker, at this here are just like you but a little older. people and some middle-aged people, point, I will submit for the RECORD the You are all different. You have dif- your parents’ age, perhaps, in the Re- names of the class of 2003–2004. ferent points of view. I am sure you serve or National Guard, to be deployed 2003–2004 PAGES have had discussions about some of the overseas, to confront those who would undermine our democracy and our se- REPUBLICANS issues that you have heard debated on this floor. You have seen that in your curity and our safety. And very soon, Rebecca Ball–WA, Manfred Bekeris—AK, very, very soon, you will be called upon Ryan Bieshaar—CO, Daniel Boden—CA, An- own peer group that you differ, and thony Bonna—FL, Clinton Brown—MO, Dia- that, in fact, probably each of you re- to be on the front line, perhaps not mond Bruner—VA, Tiffany Cannon—GA, and flects to some degree some of the senti- overseas but here certainly. Michael Capovilla—NV. ment expressed on this floor and you So I would ask you to take from this Tom Church—MI (Camp), Dominique agree with that. And you will find the House, from this well and this room Clay—MI, Michael Dennis—PA, Jenna Doug- gal sitting next to you say that, no, I that we call the People’s House, to lass—DE, Andy Duberstein—VA, Chris do not agree with that; I think X was which one can only come by election, Fitzwater—CO, Patrick Fortune—CA, An- we just had a debate on that this week drew Gall—PA, and Tim George—MD. right and not Y. That is the glory of our democracy, that you will recall, and I hope that Andrea Hall—KY, Clay Hammock—SD, you will go back and you will talk to Katelyn Hancock—IN, Weston Jones—SC, that we have created an institution in Clara Kang—CA, Jenna Kelsey—NJ, Craig which the different points of view can your friends, perhaps your brothers and Kreinbihl—OH, Carolina Krohne—FL, and come together and be discussed and be your sisters, your schoolmates, your Allison Kushner—NY. debated. You have seen that sometimes peers, and tell them what you have Nicholas Lane—AR, Matthew Mazzetta— that debate becomes relatively heated seen. IL, Elizabeth McCune—TX, Rachael McMil- and passionate, and it is because the My experience has been that when I lan—NC, Matthew Merighi—NJ, James Or- issues discussed on this floor are very was president of the Maryland Senate, lando—NY, Sarah Reed—WY, Liesel and we had a page program there, was Rickhoff—TX, and Ashley Rubenstein—WV. important and impact on all of us, but on you particularly, because you will that invariably those who were pages Taylor St. Claire—AZ, Michael Sala—PA, in the Senate, and my experience has Rebecca Sher—TX, Kara Skarda—NC, Nich- live longer under the policies that we been here with pages who have served olas Smith—MI, Katherine Souza—CA, adopt today than the rest of us, at in this House, that you leave with a Lynda Thorne—GA, Nicholas Vorpagel—WI, least on average. and Christine Wright—CO. You have been given a special oppor- more positive view than when you came. That does not mean that you DEMOCRATS tunity, and I would hope that you have a rose-colored version of the Clarice Bennett—IL, Kathryn Byerly—KS, would feel that that comes with a par- Joseph Carliner—MD, Melissa Eddy—NC, Al- ticular responsibility. One of the con- House of Representatives. It is, after all, peopled by, as I said, people like exander Gates—PA, Omar Halabi—OH, De- cerns that those of us who are older you, with some strengths, some weak- metrius Harrison—IL, and Ian Herron-Cary— have is that those of you who are nesses, some faults and some extraor- IN. younger do not participate in very high Corinna Holden—VT, David Horvath—MA, dinarily good points. Sarah Johnson—WI, Frances Mercedes—NY, levels, at least in percentages, of im- So I urge all of you to return to your David Miller—CA, Monica Ramos—CA, Jen- pacting on the decisions we make in schools, return to your homes, return nifer Ridder—CO, and Mallory Scarritt—FL. our democracy. The way most citizens to your communities and spread the Samantha Shinberg—DC, Alison Shott— impact on those decisions is, obviously, word about the fact that democracy PA, Mary Swick—PA, Maza Men-asche- through voting in elections. Young works, that your participation makes a Untemeyer—FL, Jeffrey Waters—NY, Brian people, as all of you know, do not vote Wright—MN, and Blake Yocum—IA. difference, and that in the final anal- at a very high percentage. That is of ysis, if democracy is to work well, if it Mr. Speaker, I would like to yield to concern. is to work as our Founding Fathers the Minority Whip of the House of Rep- I want to read you something that conceived it, it will be because we all resentatives, the gentleman from was said by an Englishman. He said, participate. Maryland (Mr. HOYER), who has always ‘‘We live in an age when to be young Good luck and God bless you. Thank been very, very supportive of the pro- and to be indifferent can be no longer you very much for your service. gram and very gracious with his time synonymous.’’ Think of that. ‘‘To be Mr. SHIMKUS. Mr. Speaker, I want to come down on the floor. young and indifferent,’’ he said, can no to thank my colleague. Mr. HOYER. Mr. Speaker, I thank longer be synonymous. We must pre- Mr. SHIMKUS. Mr. Speaker, now I the gentleman for yielding. pare for the coming hour. The claims of would like to ask my colleague, the I thank all of you for participating in the future are represented by suffering gentleman from Florida (Mr. FOLEY), this program. It is important for Amer- millions; and the youth of a nation are who, as many of you know, has been ica that you do so. You have gotten, the trustees of prosperity.’’ very involved in following your obviously, something from this pro- That was said by a gentleman who progress and lack thereof throughout gram, perhaps a great deal, but, in my was the Prime Minister of Great Brit- this year, to address you all. opinion, America is getting more from ain, Benjamin Disraeli. He said that in Mr. FOLEY. Mr. Speaker, first, let us this program. 1845. It is true today. It is true, in fact, all give each other a round of applause The gentleman from Michigan (Mr. as, again, the gentleman from Michi- for a very, very successful year here in KILDEE), who has served on this board gan (Mr. KILDEE) pointed out, in every Congress. for longer than any other Member and generation. The first time you have actually been with whom I served on the board for a We had a dedication to perhaps some able to sit in the seats of Members on short period of time, observed that you of your grandfathers, the World War II Congress and be on national TV. Con- have been given a unique privilege, an Memorial, and perhaps your grand- gratulations. You really are living in a insight into democracy that few Amer- mothers as well who were called by unique time in our country. icans get. They see us on C–SPAN, they Tom Brokaw the Greatest Generation. I think my colleagues have well ex- read about us in the newspaper, they But, in fact, as Roosevelt indicated and pressed the sentiments all of us having

VerDate May 21 2004 02:34 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.070 H03PT1 H3752 CONGRESSIONAL RECORD — HOUSE June 3, 2004 watched you arrive one day as very watch this little mini-campaign take I think it is good to remember that young and excited newcomers to Wash- place and those friends that he had in there are new ideas from time to time, ington, some with fear in your eyes be- the northern part of my community and we have breakthroughs, but the cause you have left friends and family, urging and cajoling and talking to me greatest contributions are made by others with a sense of optimism and about submitting his name to be a those who are willing to keep their pride that you are getting to represent page. Of course, for those Members of hands on the steady plow, as we say in your districts from around this coun- Congress, we get to submit names, but, rural North Carolina, and you plow a try. ultimately, it is the choice of the Page straight furrow. In other words, you do It is fun to watch the transformation Board and the Speaker of the House the right thing. You were made out of from that first day to the last week. that bestows on you this high honor. the right stuff, and we are awful proud Because I see in all of you that sense of So you are, in essence, the Speaker’s of you. kind of reluctance to some degree to appointment. I only wish that every student in leave this place. You have met and Take with you the valuable knowl- America could have the same experi- have established lifelong friends in this edge you have gained. Never forget ences that you have had for the last very process. your friends. Stay in touch. The inter- number of weeks you have been here. What is exciting for all of us that esting thing is that, years from now, as We would have a lot better country be- serve here is that you truly represent you look around the country and you cause they would go home with a dif- the best and brightest in this country. have your page reunions, you will see ferent understanding of Washington, It is very, very difficult, as you know, each and every one of you doing some- DC. to become a page in the Congress. It re- thing unique and different. I started to ask for a show of hands, quires a number of skill sets that will but I will not do it, of how many of you b 1500 serve you in life: leadership, intel- when you came to Washington, this ligence, personality, perseverance, and Hopefully, some of you will be going was the first time you had ever been to faith; and those are attributes that, as on to better communities by being Washington. And if that is not true, you mature and go forward in life, will teachers, police officers, firefighters, this would be the first class we have serve you in phenomenal ways. members of the military, nurses, vet- had that that is not true of. For some Many of you know that several Mem- erans, whatever your chosen profes- of you, it may be the very first time bers of Congress originated in the page sion. A few may go on to be Congress- you have been away from home for an class. So it is not only a training and men, Congresswomen, Governors, Sen- extended period of time. You have testing ground. You certainly got a ators. In fact, in this very room may be adapted and adjusted to that. long exposure to the good and bad Con- the future President of the United All of us can remember when we went gress has to offer. The good is the fact States. God bless you. I wish you well, away to camp for the first time, and a that in this democracy, in this Cham- have a great life, and thank you for week is a long time, and you have been ber, we get to express our opinions your service to this Congress. gone for a week and you have adapted about what goes on in the world. We Mr. SHIMKUS. Mr. Speaker, I want well. You brought your school books get to weigh in on behalf of the district to thank my colleague for his chance with you. You were not sure how in the that I represent and the other Members to share with you. world you were going to handle all of represent, those 600-plus thousand peo- Did he not mention that maybe it that, right? But you did and you did a ple who count on us to come to this Na- might be your high privilege and honor heck of a job, and we are proud of you. tion’s Capital every day to work on to be the chairman of the Page Board You have already shown that you can their behalf. some year? He always leaves that off. I achieve before you came and you have Disagreements are the joy of democ- do not know why that is. added to that knowledge. So let me racy. You get to argue and discuss and Mr. Speaker, I yield to the gentleman thank you for coming. I have full con- debate and create hopeful solutions from North Carolina (Mr. ETHERIDGE), fidence in whatever you choose to do that do not reflect the partisan views who has a great history in education as you will do well because you have al- of the people in this Chamber but re- a superintendent of schools, and I ready done well. flect the views of all Americans. thank my colleague. Let me say to Melissa Eddy, who is Now, I know you have one more year Mr. ETHERIDGE. Mr. Speaker, I from my congressional district, the of high school to conclude and that thank the gentleman. Second District of North Carolina, we probably is some degree of relief or To all of you, let me thank you. As are proud of you. We are glad to have maybe, to those you feel like you are the gentleman from Illinois (Mr. you here this week. And for all of you probably well equipped to enter your SHIMKUS) has shared with you, prior to as you leave this week, including you, first year of college, some of you, I my coming to Washington, I had the Melissa, when you leave here tomorrow think, in conversing with you, some distinct privilege of being the State su- and when you head home, you are are actually mature enough to enter perintendent of schools for the State of going to get a little vacation probably. college right away. North Carolina. I consider that a high And depending on whether you are I want to thank you for taking time privilege because I got to work with going to college or back to high school, out of your life. This is a sacrifice. It is wonderful young folks like you every it is going to be a short summer be- unique. day. And I was seated back there look- cause some schools start pretty quick, I know my page Anthony was, and is, ing at the backs of your heads and said, college and otherwise. expected to deliver the commencement I really want to see your faces because This has already been shared with speech. So a word of warning, Anthony, I have seen you in here from day to you, but I want to share it with you the 16th district is watching you very day. again, that is, if you have not gotten carefully. I want to associate myself with my everyone’s mailing addresses and their This Member of Congress, of course, colleagues’ comments. I may repeat known numbers and e-mails, get it and is delighted that there is an age re- some of them, and I will be brief, but I keep it. Your paths will cross again, quirement to run for the job. He lives do not want to. The truth is as they sometime sooner than you think. in my community, and he certainly has have said, and Lord knows how many Stay in touch. There are not many to reach 25 before he campaigns for this commencement speeches I have made places you will ever go again in your job. and groups I have spoken to, you are life that you will spend and share the But congratulations on behalf of our the future. You will move on the stage time you have shared one with an- district, our mutual district that you very quickly. And you will finish the other, with people all across America have been selected by your peers to work. It may be here in this Chamber from virtually every State and have have this high honor; and I will be or in the State legislative chamber or the opportunity to share ideas, wheth- looking for transcripts of that speech. as a doctor, lawyer, preacher, teacher, er you agree or disagree and have the Anthony came here as a page on the whatever it may be. You will finish the kind of positive discourse and great un- recommendation of several in our com- work that others have started. And al- derstanding and learning you have had munity. It was kind of interesting to ways remember that. here.

VerDate May 21 2004 00:51 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.073 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3753 Have a safe trip home. Have a great said, ‘‘Get in the arena. That is where ings, answering phones in the Members’ summer. God bless all of you because you really make a difference.’’ Cloakrooms, relaying messages, flying flags you are special, special folks. I wish You have already been in the arena over the Capitol, and preparing the House you all the luck in the world in what- by working in this legislative body, by floor for session. ever you choose to do. serving the Congress, by serving your These pages have spent their entire junior Mr. SHIMKUS. Mr. Speaker, I thank country. You can accelerate that and year of high school in Washington, D.C., liv- my colleague. go home and build on that and really ing, taking classes and working for the House. Mr. Speaker, I would like to ask the be in the arena every day, back at The typical day of a Page begins very early gentleman from Ohio (Mr. BROWN) to school, back in the workplace, in the at 5:45 am or 6:00 am to eat breakfast prior come up as he wants to address the military, at home doing what you al- to attending classes for school at 6:45 am. At group. This is a perfect example. The ready know how to do. You have the 10:00 am, their legislative workday begins and gentleman and I are very good friends. leadership skills. You have the inter- lasts until the House adjourns in the evening; We do not agree very much on about personal skills. I hope that you will and sometimes into the early morning hour. anything, but one thing we agree on is share those skills with people all over These individuals have demonstrated their the service that you all conduct and the 50 States of this country and get true commitment to playing an important role the honor of this institution and the into the arena and do it. in our Nation’s future by learning and working hard work that everybody puts into it. Congratulations to all of you. in the nation’s capitol. Mr. Speaker, I yield to the gentleman Mr. SHIMKUS. Mr. Speaker, I want We honor those Pages that have shown the from Ohio (Mr. BROWN). to send my regards for the gentleman same generosity of spirit, depth of intelligence, Mr. BROWN of Ohio. Mr. Speaker, I from Arizona (Mr. KOLBE), who has vis- and capacity for human service that is so im- thank my friend, the gentleman from ited with many of you. He is receiving portant to leaders. Illinois (Mr. SHIMKUS). I know you real- an award down at the EPA. I know he These exceptional students have consist- ly want to listen to one more speech is trying to get back here on time, but ently displayed their dedication, intelligence because you have not heard enough it looks like he will not. As you know, and concern throughout their time as a Page speeches since you have been here. he has been very close to the program. in Congress. They stand out among their It is a pleasure to be here. I particu- He will get a chance to extend his re- peers not only because of their many achieve- larly thank the gentleman from Illi- marks. ments, but also the disciplined manner in nois (Mr. SHIMKUS) and the gentleman To whom much is given, much is ex- which they meet all challenges. Although they from Michigan (Mr. KILDEE) for their pected. And I think that is really is have already accomplished a great deal, these good work; to Wren, to all of your su- summary of what the Members who young people possess unlimited potential. pervisors, your new supervisor, Joy have come on the floor have attempted The House Pages are young men and Malleen, and to all of you especially to say in their own way. We thank you women of character, ambition, and initiative, for your public service at a very young for your service. We have all bled a lit- who have made a significant contribution to age. tle bit this year. We have all sweated a the United States House of Representatives The gentleman from Michigan (Mr. little bit this year. We have all cried a and already learned well the value of hard KILDEE) says this is an almost 200-year little bit this year, not only the pages work and commitment. Their efforts and dedi- tradition of pages working in the but of course, of course, the dorm staff, cation is very much appreciated and our best greatest legislative body in the world, the school staff, the floor staff. Make wishes bestowed upon them in all of their fu- and this is an achievement you can sure you go and tell them to thank the ture endeavors that I am sure for some will in- look back on. It is an achievement es- adult supervision folks who have been clude elected office including Congress. I sus- pecially because if you are like Omar so patient to get us through this year. pect all will be leaders. Halabi in my district, if you are like Again, from the House of Representa- On behalf of the United States House of most people here, I think, it was not by tives, from the Speaker, from the mi- Representatives, we extend our thanks and accident you ended up here. You are nority leader, thank you for your serv- highest praise and congratulations to each obviously achievers at home. Many of ice. Have a great graduation tomorrow. Congressional Page. you went through a competitive proc- May God bless you all, and may God f ess to get here. You obviously have bless the United States of America. shown self-discipline; you are self- You are now dismissed. SPECIAL ORDERS starters. You already have the kinds of GENERAL LEAVE The SPEAKER pro tempore (Mr. values and the kind of work ethic that Mr. SHIMKUS. Mr. Speaker, I ask FRANKS of Arizona). Under the Speak- will get you ahead as you go off to col- unanimous consent that all Members er’s announced policy of January 7, lege, and you go off in to the military may have 5 legislative days within 2003, and under a previous order of the and you go off into the workforce. which to revise and extend their re- House, the following Members will be I have watched Omar from marks on the subject of my Farewell to recognized for 5 minutes each. Brecksville, Ohio, in my district and the Pages 1-minute speech. f watched some others of you and talked The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Under a to you, for some of you it is a semester, OSE). Is there objection to the request previous order of the House, the gen- for others as Omar got to re-up as they of the gentleman from Illinois? tleman from Indiana (Mr. BURTON) is say. I have gotten to see the personal There was no objection. recognized for 5 minutes. growth and the kind of growing into Mr. SMITH of Michigan. Mr. Speaker, I (Mr. BURTON of Indiana addressed the whole idea of public service. would like to join my colleagues in recognizing the House. His remarks will appear My short remarks, I will just say the Congressional Pages that will be ending hereafter in the Extensions of Re- that I hope when you go home, I heard their term of service this week. I would also marks.) the gentleman from Maryland (Mr. like to commend Congressman SHIMKUS and HOYER) talking about young people not Peggy Sampson for all of their hard work. f registering to vote in very high num- The House Pages have made up the criti- The SPEAKER pro tempore. Under a bers. I hope you will go home, those of cally important support staff that has kept the previous order of the House, the gen- you that are 18 now or soon will be 18 House floor running smoothly for over 200 tleman from New Jersey (Mr. PALLONE) or have plenty of friends that are 18, years. is recognized for 5 minutes. that you make it your mission to reg- The 2003–2004 full-school year Pages were (Mr. PALLONE addressed the House. ister your friends to vote, to get in- selected from hundreds of applicants, fol- His remarks will appear hereafter in volved, whichever side you want to be lowing an incredibly competitive process that the Extensions of Remarks.) on in the Presidential race this year, scrutinizes their individual achievements in f whichever side you want to be on on academics, leadership, and commitment to so- any number of political campaigns at cial and civic service. EXCHANGE OF SPECIAL ORDER home in community service and en- Page duties include delivering all types of TIME courage people, as President Theodore correspondence and legislative materials Mr. BROWN of Ohio. Mr. Speaker, I Roosevelt, my favorite Republican throughout the Capitol and House Office Build- ask unanimous consent to claim the

VerDate May 21 2004 02:34 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.075 H03PT1 H3754 CONGRESSIONAL RECORD — HOUSE June 3, 2004 time of the gentleman from New Jersey this House that they are not signing There was no objection. (Mr. PALLONE). up. f The SPEAKER pro tempore. Is there The gentleman from Michigan (Mr. SAME OLD, SAME OLD objection to the request of the gen- DINGELL), the gentleman from Cali- tleman from Ohio? fornia (Mr. STARK), the gentleman from The SPEAKER pro tempore. Under a There was no objection. Ohio (Mr. STRICKLAND), the gentleman previous order of the House, the gen- f from California (Mr. WAXMAN), and I tleman from Texas (Mr. PAUL) is recog- have introduced a bill that would auto- nized for 5 minutes. CONFUSING MEDICARE CARD matically enroll all seniors in the new Mr. PAUL. Mr. Speaker, the more GAME low-income subsidies program. things change, the more they stay the The SPEAKER pro tempore. Under a Like Medicare itself, our proposal is same. Our allegiances to our allies and previous order of the House, the gen- simple; it is universal and reliable. Un- friends change constantly. For decades, tleman from Ohio (Mr. BROWN) is rec- fortunately, because it violates the Re- exiled Iraqi Ahmed Chalabi was our ognized for 5 minutes. publican privatization way of doing chosen leader to be in the new Iraq. Mr. BROWN of Ohio. Mr. Speaker, things, they do not want to do it. So Championed by Pentagon neocons and this week America’s seniors and dis- instead of actually fixing the problem objected to by the State Department, abled Americans can use the new pre- by saying all seniors who are eligible Mr. Chalabi received more than $100 scription drug discount card created by get the $600 automatically, the Bush million U.S. taxpayer dollars as our last year’s Republican Medicare law. administration’s going to spend an- man designated to be the leader of a This card program has not exactly been other $4 million to advertise to try to new Iraqi government. met with a resounding ‘‘yes.’’ Nation- encourage people to sign up. They have But something happened on the way wide fewer than 500,000 seniors out of 40 already spent up to $80 million to tell to the coronation. The State Depart- million actively chose to enroll in the seniors that this program is a good ment finally won out in its struggle card. idea overall. Now they want to spend with the Pentagon to dump Chalabi A little surprise when seniors in Ohio another $4 million doing something and his Iraqi National Congress, deliv- and throughout the country have found that we ought to do to reach out to ering Iraq to a competing exiled group. it confusing, have found it over- those seniors that need the drug ben- What a mess. No one should be sur- whelming, have found it way, way too efit. prised. Regime changes, whether by the bureaucratic, and have found it unreli- Earlier last year when the HHS audi- CIA or by preemptive war, almost al- able. tors said the Republican bill would cost ways go badly. American involvement Under traditional Medicare, all of $134 billion more than the White House in installing the Shah of Iran in the your benefits are available through one said, the White House suppressed the 1950s, killing Diem in South Vietnam Medicare card that looks like this. But estimate and gagged the auditor. When in the 1960s, helping Osama bin Laden under the new program, seniors have to the initial reaction from seniors was against the Soviets in the 1980s, assist- less than enthusiastic, the Bush admin- choose from a whole deck of cards. This ing Saddam Hussein against Iran in the istration announced plans to spend, as card may be a discount for Fosamax. 1980s, propping up dictators in many I said earlier, $80 million of our tax- This card may be a discount for Zoloft. Arab countries, and supporting the de- payer dollars to educate seniors on why This card may be a discount for Vioxx. struction of the Palestinian people all this bill is not really this bad after all. This card may be a discount for have had serious repercussions on When news coverage of the program Lipitor. This card might be a 12 per- American interests including the loss was not favorable enough, the Bush ad- cent discount. This card might be a 16 of American life. We have wasted hun- ministration was undaunted. They just percent discount. This card might be a dreds of billions of dollars while the rolled out their own news stories, at 19 percent discount. wounds in the Middle East continue to taxpayers’ expense, complete with fake But even with that confusion, Mr. fester. anchor, phony interviewer, bogus re- How many times have our friends be- Speaker, it gets worse because one card porter. It is not about substance; it is might cover your blood pressure medi- come our enemies and our enemies our about image. friends, making it difficult to deter- cine but not your heart medicine; the I think we can show that we can do mine which is which? Our new relation- discounts published in the brochure better. House Republican leadership ship with Qaddafi in Libya is an exam- you read, the 12 percent, the 14 percent, should pass the Dingell bill this week. ple of the silliness of this policy. Long- the 16 percent, the discounts you might It would begin to enroll those people term interference in the internal af- read could be out of date by the time who are eligible for the $600 drug ben- fairs of other nations does not help us you get to the drug store. efit, those lower-income seniors. We In other words, under this Rube Gold- could pass it and get it over to the or those we support. The invisible economic costs are berg kind of plan, you pick one of other body in plenty of time to have it enormous, but generally ignored. A these, in Ohio, 53 cards, you pick one of on President Bush’s desk by next week. these cards, you pay $30, you are stuck I would love that to happen. policy of militarism and constant war with that card the whole year. Yet, the The choice, Mr. Speaker, again has huge dollar costs, which contrib- card maker, the card seller can change should be do we want one Medicare utes to the huge deficits, higher inter- the discount, can change the drugs card that can give good drug discounts est rates, inflation and economic dis- that are covered anytime during that using the 40 million beneficiaries to ne- locations. War cannot raise the stand- 52 weeks. Mr. Speaker, that is not gotiate a 40, 50, 60 percent discount for ard of living for the average American. Medicare. This is Medicare. It is sim- all seniors on this one card, or do we Participants in the military industrial ple. It is reliable. It is universal. want to issue this privatized kind of complex do benefit, however. The new program is having such Medicare with 53 cards, with 53 dif- The clear failure of the policy of for- problems that even one of its most ferent plans, sold by private insurance, eign interventionism followed by our widely accepted provisions is having too confusing, too bureaucratic, and, leaders for more than a hundred years trouble signing people up. The new law frankly, a benefit that is barely worth should prompt a reassessment of our provides annual subsidies of up to $600, it? philosophy. Tactical changes, or relying on the U.N., will not solve these a good idea, on drug purchases for f some, unfortunately too limited, num- problems. Either way, the burden will ORDER OF BUSINESS ber of low-income seniors. fall on the American taxpayer and the Mr. PAUL. Mr. Speaker, I ask unani- American soldier. b 1515 mous consent to take my 5 minutes at The day is fast approaching when we But even that provision did not reach this time. no longer will be able to afford this its target audience. Secretary Tommy The SPEAKER pro tempore (Mr. burden. Currently, foreign govern- Thompson says he is somewhat con- FRANKS of Arizona). Is there objection ments are willing to loan us the money cerned that low-income seniors are not to the request of the gentleman from needed to finance our current account signing up. A lot of us are concerned in Texas? deficit and, indirectly, the cost of our

VerDate May 21 2004 00:51 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.079 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3755 worldwide military operations. It may us to greater danger from more deter- cluded Richard N. Perle, the former chair- seem possible now because we have mined enemies. man of a Pentagon advisory group, and R. been afforded the historically unique A policy of nonintervention and stra- James Woolsey, director of central intelligence under President Bill Clinton. privilege of printing the world’s reserve tegic independence is the course we Members of the group, who had requested currency. should take if we are serious about the meeting, told Ms. Rice that they were in- Foreigners so far have been only too peace and prosperity. Liberty works. censed at what they view as the vilification willing to take our depreciating dollars of Mr. Chalabi, a favorite of conservatives f for their goods. Economic law eventu- who is now central to an F.B.I. investigation The SPEAKER pro tempore. Under a ally will limit our ability to live off into who in the American government might previous order of the House, the gen- others by credit creation; and trust in have given him highly classified information tleman from Oregon (Mr. DEFAZIO) is the dollar will be diminished, if not de- that he is suspected of turning over to Iran. recognized for 5 minutes. Mr. Chalabi has denied that he provided stroyed. Those who hold these trillion- (Mr. DEFAZIO addressed the House. Iran with any classified information. plus dollars can hold us hostage if it The session with Ms. Rice was one sign of His remarks will appear hereafter in ever becomes in their interest. It may the turmoil that Mr. Chalabi’s travails have the Extensions of Remarks.) be that economic law and the hostility produced within an influential corner of toward the United States will combine f Washington, where Mr. Chalabi is still seen as a potential leader of Iraq. to precipitate an emotionally charged EXCHANGE OF SPECIAL ORDER ‘‘There is a smear campaign under way, rejection of the dollar. TIME and it is being perpetrated by the C.I.A. and That is when the true wealth of the the D.I.A. and a gaggle of former intelligence country will become self-evident, and Mr. FRANK of Massachusetts. Mr. officers who have succeeded in planting we will no longer be able to afford the Speaker, I ask unanimous consent to these stories, which are accepted with hardly extravagant expense of pursuing an take the gentleman from Oregon’s (Mr. any scrutiny,’’ Mr. Perle, a leading conserv- American empire. No nation has ever DEFAZIO) time. ative, said in an interview. Mr. Perle, referring to both the Central In- been able to finance excessive foreign The SPEAKER pro tempore. Is there objection to the request of the gen- telligence Agency and the Defense Intel- entanglements and domestic entitle- ligence Agency, said the campaign against ments through printing-press money tleman from Massachusetts? Mr. Chalabi was ‘‘an outrageous abuse of and borrowing from abroad. There was no objection. power’’ by United States government offi- It is time we reconsider the advice of f cials in Washington and Baghdad. the Founding Fathers and the guide- ‘‘I’m talking about Jerry Bremer, for one,’’ lines of the Constitution, which coun- THE INCOMPETENCE MUST STOP Mr. Perle said, referring to L. Paul Bremer III, the top American administrator of the sels a foreign policy of nonintervention The SPEAKER pro tempore. Under a Coalition Provisional Authority in charge of and strategic independence. Setting a previous order of the House, the gen- the occupation of Iraq. ‘‘I don’t know who good example is a far better way to tleman from Massachusetts (Mr. gave these orders, but there is no question spread American ideals than through FRANK) is recognized for 5 minutes. that the C.P.A. was involved.’’ force of arms. Trading with nations, Mr. FRANK of Massachusetts. Mr. In Baghdad, coalition authorities vigor- without interference by international Speaker, sadly I am here to talk about ously denied Mr. Perle’s assertion. ‘‘Jerry government regulators, is superior to Bremer didn’t initiate the investigation,’’ what we cannot ignore: the sad, sad Dan Senor, the spokesman for the Coalition sanctions and tariffs that too often chronicle of incompetence and blunder Provisional Authority, said in a telephone plant the seeds of war. which marks this administration’s con- interview. The principle of self-determination duct of national security policy. Similarly, Mark Mansfield, a C.I.A. spokes- should be permitted for all nations and I do not think in the history of the man, called Mr. Perle’s accusation that the all demographically defined groups. United States there has been a major agency was smearing Mr. Chalabi ‘‘absurd.’’ The world tolerated the breakup of the national security effort handled so A Defense Department official who asked not ruthless Soviet and Yugoslavian sys- to be named said that Mr. Perle’s accusa- badly. I voted against the war in Iraq. tions against the D.I.A. had no foundation. tems rather well, even as certain na- I voted for the war in Afghanistan, and Mr. Chalabi has been a divisive figure for tional and ethnic groups demanded I am glad I did. I voted against the war years in Washington, where top Pentagon of- self-determination and independence. in Iraq because I did not think it was ficials favored him as a future leader of Iraq This principle is the source of the so- justified, and I feel vindicated in that and top State Department officials dis- lution for Iraq. judgment; but even for those who trusted him as unreliable. Either way, Mr. Instead of the incessant chant about thought it was justified, I do not un- Chalabi and his exile group, the Iraqi Na- us forcing democracy on others, why tional Congress, fed intelligence to the Bush derstand how they can fail to join in administration about Iraq’s unconventional not read our history and see how 13 na- the criticism of the shambles this ad- tions joined together to form a loose- weapons that helped drive the administra- ministration has made of the policy. tion toward war. knit republic with emphasis on local I will insert in the RECORD here, Mr. Intelligence officials now argue that some self-government. Part of the problem Speaker, an article by Elisabeth of the intelligence was fabricated, and that with our effort to reorder Iraq is that Bumiller from the May 29 New York Mr. Chalabi’s motives were to push the the best solution is something we have Times, and the headline is ‘‘Conserv- United States into toppling Saddam Hussein and pave the way for his installation as essentially rejected here in the United ative Allies Take Chalabi Case to the States. It would make a lot more sense Iraqi’s new leader. White House.’’ Although Mr. Chalabi’s supporters outside to concentrate on rebuilding our Re- [From the New York Times, May 29, 2004] the administration have been caustic in public, emphasizing the principles of CONSERVATIVE ALLIES TAKE CHALABI CASE TO their comments about his treatment, there private property, free markets, trade THE WHITE HOUSE has been relative silence so far from Mr. and personal liberty here at home rath- Chalabi’s supporters within the administra- (By Elisabeth Bumiller) er than pursuing war abroad. If this tion. Deputy Defense Secretary Paul D. were done, we would not be a mili- WASHINGTON, May 28—Influential out- Wolfowitz, who favored going to war in Iraq side advisers to the Bush administration who and was a patron of Mr. Chalabi, did not re- taristic state spending ourselves into support the Iraqi exile leader Ahmad Chalabi bankruptcy, and government benefits spond to numerous requests this week for an are pressing the White House to stop what interview. to the untold thousands of corpora- one has called a ‘‘smear campaign,’’ against Mr. Wolfowitz’s spokesman, Charley Coo- tions and special interests would be de- Mr. Chalabi, whose Baghdad home and of- per, said in an e-mail message that Mr. nied. fices were ransacked last week in an Amer- Wolfowitz believed that Mr. Chalabi and the True defense is diminished when ican-supported raid. Iraqi National Congress ‘‘have provided valu- money and energy are consumed by ac- Last Saturday, several of these Chalabi able operational intelligence to our military tivities outside the scope of specifi- supporters said, a small delegation of them forces in Iraq, which has helped save Amer- cally protecting our national interests. marched into the West Wing office of ican lives.’’ Mr. Cooper added in the message Condoleezza Rice, the national security ad- Diverting resources away from defense that ‘‘Secretary Wolfowitz hopes that the viser, to complain about the administra- events of the last few weeks haven’t under- and the protection of our borders, tion’s abrupt change of heart about Mr. mined that.’’ while antagonizing so many around the Chalabi and to register their concerns about The current views of Vice President Dick world, would actually serve to expose the course of the war in Iraq. The group in- Cheney and his chief of staff, I. Lewis Libby,

VerDate May 21 2004 02:34 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.081 H03PT1 H3756 CONGRESSIONAL RECORD — HOUSE June 3, 2004 are not known. Both strongly supported Mr. cause he now acknowledges that they deny that Mr. Chalabi in effect boasted Chalabi before and during the war in Iraq. gave him misinformation. I do not he gave us misinformation and does Last Saturday, participants in the meeting know if that is one of the reasons that not mind that it could help us go to with Ms. Rice and her deputy, Stephen Had- the director of the CIA resigned. He is ley, said Ms. Rice told them she appreciated war. His point is that Mr. Chalabi was that they had made their views known. But the man who, of course, told the Presi- not the only one who lied to us. I do she gave no hint of her own opinion, partici- dent that it was a slam dunk that there not think it is much of a defense of Mr. pants said, and made no concessions to their were weapons of mass destruction. Ap- Chalabi to say he is the only one who point of view. parently, he slammed when he should lied to us, nor does it say much for this Newt Gingrich, the former speaker of the have dunked, and he is no longer with administration that they listened to so House of Representatives, also attended the us, but the chaos continues. many liars. The incompetence must meeting. A larger meeting later that day, Here we have in this story the con- stop. with Mr. Hadley alone, included Danielle servative allies, according to Mr. Rich- Pletka, a vice president of the American En- ard Perle, who is a close adviser to the f terprise Institute, a research institution in Washington. Defense Department, and according to b 1530 In an interview, Ms. Pletka said that Mr. this article last Saturday, several of these Chalabi supporters said a small GRAVE SHORTFALLS IN NATO’S Chalabi had been ‘‘shoddily’’ treated and INTERNATIONAL SECURITY AS- that C.I.A. and State Department people had delegation of them marched into the been fighting ‘‘a rear guard’’ action against West Wing of Condoleezza Rice, the na- SISTANCE FORCE IN AFGHANI- him. tional security adviser, to complain STAN ‘‘They’ve been out to get him for a long about the administration. For some of The SPEAKER pro tempore (Mr. time,’’ Ms. Pletka said. ‘‘And to be fair, he these people, who have been consistent FRANKS of Arizona). Under a previous has done things and the people around him have done things that have made it easier for advocates of war, marching into order of the House, the gentleman from them. He is a prickly, difficult person and he Condoleezza Rice, it was the only Nebraska (Mr. BEREUTER) is recognized drives them crazy. He never takes no for an marching they ever did because cer- for 5 minutes. answer, even when he should.’’ tainly they have not been in uniform Mr. BEREUTER. Mr. Speaker, this Ms. Pletka added: ‘‘There are questionable to march in any wartime conditions, Member rises to inform our colleagues people around him—I don’t know how close— but we have them denouncing the Bush about grave shortfalls in NATO’s Inter- who have been involved in questionable ac- administration, Bush advisers denounc- national Security Assistance Force, tivities in Iraq. He is close to the Iranian ing Bush advisers. ISAF, in Afghanistan and about efforts government. And so all of these things have Mr. Powell was quoted in the New lent credence to the accusations against to ensure the mission has the resources him.’’ York Times last Sunday, well, big sur- needed for success. Mr. Perle said the action against Mr. prise, ‘‘we disagree with each other.’’ This Member returned to Washington Chalabi would burnish his anti-American That is not the problem. It is not a yesterday from Bratislava, Slovakia, credentials in Iraq and possibly help him to problem that the President’s advisers where the spring session of the NATO be elected to political office. ‘‘In that regard, disagree with each other. The problem Parliamentary Assembly was held. this clumsy and outrageous assault on him is that the President appears to agree This Member serves as the President of will only improve his prospects,’’ Mr. Perle with each of them who disagree with said. the Assembly, which for the last 50 Mr. Perle said that he had no business each other. The President does not years has served as the parliamentary dealings with Mr. Chalabi, but that he be- solve these problems. We have had this adviser and support organization for lieved the C.I.A. and D.I.A. were spreading ongoing dispute. It is extraordinary to the North Atlantic Treaty Organiza- false information that he did. He also said have someone being paid $40 million or tion, or NATO. that Mr. Chalabi was not alone in supplying more by the American Government, The inability of the Alliance to meet intelligence to the United States govern- supported by the Defense Department, its commitments in Afghanistan was ment that turned out to be false. Mr. Chalabi, then overthrown by the ‘‘I know of no inaccurate information that the most important issue we discussed State Department or the CIA. in Bratislava. This Member cannot was supplied uniquely by anyone brought to Here is Mr. Perle, again, a close ally us by the Iraqi National Congress,’’ Mr. overstate how critical the next few of the Defense Department, remember Perle said. weeks will be for the future of Afghani- the Defense Advisory Board, saying stan and for the credibility of NATO. Mr. Speaker, Mr. Chalabi, if I am pro- there is a smear campaign under way nouncing it right, people will remem- Several members of the NATO Par- being perpetrated by the CIA and the liamentary Assembly visited Afghani- ber, is the man who we had thought Defense Intelligence Agency. This is stan on behalf of the Assembly 2 weeks was someone the President approved Mr. Perle, and then he denounces Mr. ago. They were unanimous in their of, whom the President now tells us he Bremer. We are told you, Democrats, praise for the professionalism of our cannot quite remember. do not be critical of the people in Iraq soldiers but were equally convinced I do think, Mr. Speaker, as an aside, who are running our policy, you will that, without additional resources, the that probably we should be inves- undermine them. tigating Chamber security here be- I am nicer than Mr. Perle to these Alliance faces failure in Afghanistan cause apparently at the last State of people. Mr. Perle is being much more and risks losing all that it has cur- the Union address a man largely un- vitriolic, and he has even managed, Mr. rently invested. known to the President managed to Perle, because he is the epitome of The problems, as noted by those seat himself next to the First Lady. niceness, to find a way to defend Mr. members, relate to the unwillingness of Mr. Chalabi was seated next to Laura Chalabi who we are now told by this Alliance member countries to provide Bush. Now the President has no idea or government may have leaked impor- the personnel and the key air assets re- only a vague idea who this man is; and tant information to the Iranians. quired to deploy additional provincial when a stranger, apparently a stranger Here is Mr. Perle’s defense of Mr. reconstruction teams, or PRTs, to proof some disrepute, if we listen to the Chalabi, and Mr. Perle is a man who vide security beyond Kabul and the White House, is allowed to seat himself chooses his words carefully. I wish he surrounding environs. next to Laura Bush, then I begin to feel chose his friends as carefully as he In addition, the allies must provide nervous. In general, I think the people chose his words, but he does choose his ISAF with the extra forces needed to who run security do a very good job, I words carefully; and here is what he give the forthcoming elections the best do not know, and this point probably said about Mr. Chalabi’s organization, chance of success. This is a matter of was not their fault. They may have the Iraqi National Congress, from the great urgency. If our allies do not com- been misled by somebody in the De- New York Times of last Saturday: ‘‘ ‘I mit more forces and the support assets fense Department, but we better look know of no inaccurate information to sustain them in the next 4 to 6 into it. that was supplied uniquely by anyone weeks, the September elections in Af- We now go back to the spectacle of brought to us by the Iraqi National ghanistan will likely do little more this administration’s internal warfare. Congress,’ Mr. Perle said.’’ than to legitimatize the warlords and We read recently that the Secretary of In other words, he does not deny that drug traffickers who are increasingly State was very angry at the CIA be- Mr. Chalabi lied to us. He does not controlling much of the country.

VerDate May 21 2004 00:51 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A03JN7.050 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3757 In Bratislava, Alliance legislators tle more effort, our goal of bringing of our Nation’s appreciation of these urged our respective governments to peace and stability to that troubled veterans. We are also approaching the examine carefully what further assets country is achievable. 60th anniversary of D-Day on June 6, they can individually commit. We rec- f 2004, when tens of thousands of induct- ognize, of course, that many NATO The SPEAKER pro tempore. Under a ees, or draftees as they are usually countries, like our own, already deploy previous order of the House, the gen- called, were among the Allied Forces substantial numbers of forces in Af- tleman from Indiana (Mr. PENCE) is invaded Normandy, France. ghanistan and elsewhere. The United recognized for 5 minutes. To provide a bit of history, the Selec- States currently has about 13,500 mili- (Mr. PENCE addressed the House. His tive Training and Service Act of 1940 tary personnel in and around Afghani- remarks will appear hereafter in the was enacted 1 year after Germany in- stan, most in conjunction with Oper- Extensions of Remarks.) vaded Poland, and the number of men ation Enduring Freedom, the separate to be inducted into the Armed Forces f mission to fight the Taliban and al was increased 5 days after the United Qaeda in southeastern Afghan. Ger- The SPEAKER pro tempore. Under a States entered World War II in Decem- many and Canada are the two largest previous order of the House, the gen- ber of 1941. Of the over 16 million uni- contributors to ISAF, with about 1,800 tleman from Michigan (Mr. CONYERS) is formed personnel serving during World troops each. But Canada’s year-long recognized for 5 minutes. War II, 10 million were draftees. They commitment ends in August, and its (Mr. CONYERS addressed the House. distinguished themselves in war and forces must be replaced from else- His remarks will appear hereafter in peace, as we know, and Tom Brokaw where. the Extensions of Remarks.) has called them ‘‘America’s Greatest Compared with the total resources f Generation.’’ the Alliance can call on, the numbers HONORING OUR NATION’S The Blinded Veterans Association of needed now are not great. Their likely VETERANS San Diego, California, and its Presi- impact, however, is crucial. Time is dent William Montgomery have asked not on our side. Excuses will not suf- The SPEAKER pro tempore. Under a for my help in gaining national rec- fice. We must secure those assets now. previous order of the House, the gen- ognition for the draftees in our Armed To fail to do so will place in jeopardy tleman from California (Mr. FILNER) is Forces, and I am honored to do so all we have achieved thus far in im- recognized for 5 minutes. today. H. Con. Res. 434 commends the proving stability in this crucial region. Mr. FILNER. Mr. Speaker, I rise millions who were inducted during Actually, this is a failure of political today to introduce two pieces of legis- World War II and who served with will, pure and simple. Make no mistake lation in this House that recognizes great courage to advance the cause of about it, this is a failure that jeopard- and honors the service and sacrifice of freedom throughout this world. izes the success of our mission in Af- members of the United States Armed Taken together, these two pieces of ghanistan and jeopardizes the very Forces throughout the history of our legislation remind us of the gift of free- credibility of the Alliance. great Nation. dom that we have been given through We often say that failure is not an The first bill is H.R. 4425, called the option. Mr. Speaker, in Afghanistan, the service and sacrifice of men and Honor Our Fallen Prisoners of War Act. women who came before us. I urge my failure is a distinct possibility. And un- Currently, prisoners of war who die less allied leaders in the next few colleagues to support both H.R. 4425 during their imprisonment of wounds and H. Con. Res. 434. weeks demonstrate the political will to inflicted in war are eligible for a post- deploy the necessary assets in Afghani- humous Purple Heart recognition. f stan, failure gradually will become a However, those who die of starvation, The SPEAKER pro tempore. Under a reality. for example, or beatings or freezing to previous order of the House, the gen- Drastic shortfalls exist despite the death are causes which are not eligible tleman from California (Mr. GEORGE fact there are more than 2 million mili- for the Purple Heart. MILLER) is recognized for 5 minutes. tary personnel in the active and re- Can this be right? There should be no (Mr. GEORGE MILLER addressed the serve forces of the European NATO al- false distinction indicating more cour- House. His remarks will appear here- lies. Less than 2 percent of those forces age or more sacrifice by some who died after in the Extensions of Remarks.) are deployed in missions in the Bal- and less by others. All POWs who died f kans and Afghanistan. in service to our Nation should be eligi- Jaap de Hoop Scheffer, the Secretary ble for this Purple Heart recognition, ON THE RETIREMENT OF BRIGA- General of NATO, has stated repeat- and H.R. 4425 will allow all members of DIER GENERAL MICHAEL F. edly that the credibility of the Alli- our armed forces who die while a pris- GJEDE ance is at stake in Afghanistan and so, oner of war, regardless of the cause of The SPEAKER pro tempore. Under a it should be emphasized, is the future death, to be awarded this honor. This of the Afghan people. previous order of the House, the gen- Recognizing this reality, the leaders will apply to all wars, past and present. tleman from Ohio (Mr. RYAN) is recog- of all 26 NATO allies’ parliamentary I am indebted to Rick and Brenda nized for 5 minutes. delegations to the Parliamentary As- Morgan Tavares of Campo, California, Mr. RYAN of Ohio. Mr. Speaker, I sembly, in an extraordinary, unprece- and to Wilbert ‘‘Shorty’’ Estabrook of rise today to commend Brigadier Gen- dented step, authorized this Member to Murrieta, California, who brought this eral Michael F. Gjede on his service to send a letter to all the heads of govern- issue to my attention. Shorty survived the United States of America. After ment of the NATO countries forth- the Tiger Camp death march during more than 35 years in the Air Force, rightly expressing the concerns of the the Korean War and was imprisoned for General Gjede will be retiring, and we Assembly. over 3 years. Brenda’s uncle, Corporal in northeast Ohio have been very privi- That letter strongly urges govern- Melvin Morgan, died of starvation and leged to have him as the Commander of ments to provide the necessary re- beatings he suffered in 1950 at the age the Air Force Reserve 910th Airlift sources for the NATO missions in Af- of 20 in Korea. Surely Corporal Morgan Wing at Youngstown Air Reserve Sta- ghanistan and the fervent hope that ef- is deserving of a Purple Heart. tion in Vienna, Ohio. fective action can be taken quickly and I am also introducing H. Con. Res. A graduate of Northeastern Univer- the necessary forces provided. 434, a resolution to commend all per- sity in Boston, General Gjede earned In addition, we agreed to raise this sons who were inducted for service in his commission through the Air Force concern in our respective national leg- the United States Armed Forces during Officer Training School program in islatures in order to generate the World War II. I repeat, inducted into 1968. Once he had earned his wings, he widest possible parliamentary support service. This is a particularly fitting served two tours in Vietnam flying B– for the required resources to be made time for such recognition. We all wit- 52s and logging over 140 combat mis- available. nessed last Saturday the World War II sions. NATO already has made remarkable Memorial on the Mall in Washington, General Gjede has held numerous progress in Afghanistan and, with a lit- DC, being dedicated as a lasting symbol command positions in the Air Force,

VerDate May 21 2004 01:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.085 H03PT1 H3758 CONGRESSIONAL RECORD — HOUSE June 3, 2004 and the 910th is the second flying wing On a personal note, I have enjoyed abled us to intercept communications that has had the opportunity to have our time together, our dinners to- from the nation of Iran and that Mr. him as their commanding officer. As gether, and hope that in the future Chalabi told Iran that our government our wing commander at the Youngs- there will be many, many, many more. had in fact broken their code. News re- town Air Reserve Station, General We are definitely wishing and hoping ports say that Mr. Chalabi further in- Gjede’s personal involvement, his en- that you will stick around in our com- formed the Iranian Government that couragement, and intuitiveness have munity after your retirement, because he received that information from produced an overwhelming response, as our community certainly is a better someone within the United States Gov- recognized in the achievements of the place and a stronger place with you ernment who was drunk at the time. wing’s members. and Jerylynn in it, and we will not just If these reports are accurate, it The 910th’s functional areas per- miss the General and his wife but we means that our troops and our national formed flawlessly, despite a stressful will miss our friends. security have been placed at greater and turbulent atmosphere caused by So I wish you the best of luck and risk because this administration put the events of September 11, 2001. His hope that we get to see you in our com- its confidence in this man. Not only did superior leadership was the driving munity and look forward to many, we give him our national resources in force that kept all personnel properly many, many further experiences to- terms of about $40 million, not only focused, allowing them to consistently gether on behalf of the air base. was he invited to the State of the meet and exceed requirements. Despite f Union, allowed to sit near the First the challenges of the most aggressive Lady and receive the adulation of this The SPEAKER pro tempore (Ms. reserve operations tempo in history, body, not only was he given these mil- GINNY BROWN-WAITE of Florida). Under the 910th immediately responded to the lions of dollars in this recognition, but a previous order of the House, the gen- homeland defense initiatives in support we depended upon the information tleman from Washington (Mr. of Operation Noble Eagle and the coming from this man; and now it ap- MCDERMOTT) is recognized for 5 min- worldwide requirements for Operations pears that our national security may utes. Enduring Freedom and Iraqi Freedom. have been compromised. (Mr. MCDERMOTT addressed the General Gjede’s continual involve- Mr. Speaker, there needs to be a House. His remarks will appear here- ment in base renovation and new con- thorough investigation of what has after in the Extensions of Remarks.) struction projects, operation and main- happened here. We need to find out if tenance facilities, and quality of life f our young men and women have been projects will produce benefits far into THE CHALABI DEBACLE put in harm’s way because of the ac- the future. The accomplishments of tions of this man; and the President General Gjede culminate a long and The SPEAKER pro tempore. Under a needs to explain to us why he now indi- distinguished career in the service of previous order of the House, the gen- cates he knows little about Mr. his country and reflect great credit tleman from Ohio (Mr. STRICKLAND) is Chalabi, when he is here in this pic- upon himself and the United States Air recognized for 5 minutes. ture, he was invited to this Chamber Force. Mr. STRICKLAND. Madam Speaker, for the State of the Union address, and On a personal note, one of the unique I stand here today beside this picture. this government invested more than experiences I have had with General On the right is President George W. $40 million into this man. Gjede was an opportunity to partici- Bush and on the left of the picture is a This is something that cries out for pate in the Youngstown Air Reserve man by the name of Chalabi, Mr. explanation and investigation, and it is parachute program. It is not really a Chalabi. We have heard a lot about my hope that the President will accept program. It is a simulation of para- Chalabi in recent days. The President, the responsibility of making sure that chuting. General Gjede gave me an op- apparently, indicated recently that he the news reports of the last few hours portunity to put on the suit, strap my- did not know him well, that he may are thoroughly investigated, that all self in, and look down and do the vir- have met him at a rope line. But the those responsible for the possible leaks tual reality and try to land on a car- fact is that Mr. Chalabi was in this regarding national security issues are rier. Well, needless to say, I had my Chamber as the honored guest of the identified and are thoroughly, utterly, suit pants on, so General Gjede got to President of the United States, seated totally discredited. see me with suit pants, a tie, and the right up there near the President’s equipment necessary for parachuting wife, Laura Bush. He was applauded by f dangling from the ceiling at the air those gathered in this Chamber. The SPEAKER pro tempore (Ms. base and missing the boat completely We now know that Mr. Chalabi, who GINNY BROWN-WAITE of Florida). Under and going directly into the water. I do we have reason to believe was paid a previous order of the House, the gen- not even believe I got the parachute some $40 million by this government, tleman from Maryland (Mr. WYNN) is out in time. So General Gjede has seen until just recently, those payments recognized for 5 minutes. his Congressman in some very compro- were finally, belatedly, cut off, but Mr. (Mr. WYNN addressed the House. His mising positions. Luckily, there was no Chalabi was supposed to be providing remarks will appear hereafter in the one in there with a camera to take any intelligence to this administration. He Extensions of Remarks.) pictures. is especially, apparently, close to Vice f So that was a good experience I have President CHENEY and to others within COMMEMORATING NATIONAL had, among many, with General Gjede; this administration. HUNGER AWARENESS DAY and he is going to be sorely missed. But I would also like to say that be- b 1545 The SPEAKER pro tempore. Under a hind every great man is a great Based in part on intelligence data previous order of the House, the gen- woman. He has a phenomenal wife, that came from Mr. Chalabi, this ad- tleman from Massachusetts (Mr. Jerylynn, who we have had the oppor- ministration made a decision to go to MCGOVERN) is recognized for 5 minutes. tunity, my wife Julie and I have had war. Think about that. What have we Mr. MCGOVERN. Mr. Speaker, on March 16, the opportunity to get to know. She is learned in recent days about Mr. 1964, President Lyndon Johnson declared a a tremendous, tremendous woman. She Chalabi. Well, according to news re- war on poverty. Yet today, 40 years later, mil- is a great First Lady for the 910th. She ports, not only was the information lions of Americans continue to face poverty has an enormous amount of class and that he gave us distorted, false, and in and hunger. It’s unconscionable that in the composure and brought a lot of ele- some cases apparently made up; but we 21st century, in the richest and most pros- gance to the air base, and we will sore- now have news reports, credible news perous country in the world, nearly 35 million ly miss her as well. reports that Mr. Chalabi was cooper- Americans—13 million of them children—go So on behalf of the people of the 17th ating with one of the axis of evil na- hungry every day. Congressional District, I want to thank tions, that nation being Iran. Today is National Hunger Awareness Day. you, General Gjede and your wife, and According to news reports, this gov- This initiative, sponsored by America’s Second wish you and your family the best. ernment had broken the code that en- Harvest, is designed to help raise public

VerDate May 21 2004 02:34 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 9920 E:\CR\FM\K03JN7.090 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3759 awareness about hunger and the problems Madam Speaker, we must do better. The ploration of outer space, and our lead- faced by millions of people who are having Education and Workforce Committee crafted a ership role in advancing the frontiers trouble feeding themselves and their families. good, bipartisan bill. It’s a good start, but it of science, to demonstrate through the Today, thousands of hunger relief advocates must be improved. The programs to end hun- examples we will give today and the and volunteers will work with food banks, ger are in place. They don’t need to be recre- presentations that we have of the food-rescue organizations and agencies to ated; they just need to be fully funded. The many, many tangible ways in which help raise awareness about hunger in their American people deserve better, and, on Na- the mission of NASA, our leadership in communities. tional Hunger Awareness Day, I urge my col- the exploration of space, and America’s Madam Speaker, the statistics are astound- leagues in the other body to pass a broader, leadership in the advancement of the ing. Nearly 35 million Americans go hungry more inclusive Child Nutrition Reauthorization frontiers of science have touched and each year. 13 million are children. In 2002, Act. changed the lives of Americans individ- over 34 million Americans and 7.2 million Madam Speaker, let me close by com- ually, and advanced the freedom and American families lived in poverty. The prob- mending America’s Second Harvest, the food prosperity of the Nation and the world lem of hunger is getting worse, not better. The banks around the country, the corporations, as a whole. percentage of households experiencing food faith-based groups, volunteers and other anti- Madam Speaker, it is my privilege to insecurity increased from 10.7 percent in 2001 hunger advocates for their hard work and recognize the gentleman from Cali- to 11.1 percent in 2002. dedication to end hunger in the U.S. Today is fornia (Mr. CALVERT). Hunger and food insecurity don’t fit the old National Hunger Awareness Day. But these in- Mr. CALVERT. Madam Speaker, I stereotypes of the poor and uneducated. Not dividuals and groups work to end hunger rise today to support NASA’s new vi- only are more working families relying on food every day. Food bank participation continues sion for our continued exploration of banks for help to feed their children, but over to rise. The need for anti-hunger programs is 62 percent of recipients of food from food the universe. Forty-three years ago, clear. I, for one, am grateful for America’s President John F. Kennedy laid out a banks have at least a high school diploma. Second Harvest’s commitment to ending hun- This is intolerable. As a nation, we should not vision of space exploration that be- ger in America. I urge my colleagues to make and can not continue to have lower-income came a reality 8 years later when Neil every day Hunger Awareness Day, to commit families struggle to earn enough money to put Armstrong stepped onto the Moon. themselves to ending hunger in any way they food on the table. Poverty and hunger are di- With the Apollo missions, America led can, and to find the political will to end the rectly related—if you don’t have money, you the world in space exploration and pro- scourge of hunger here at home and around can’t buy food. It’s that simple. pelled decades of technological and bio- This year’s theme for Hunger Awareness the world. logical research that continue to ben- Day is ‘‘One Big Table.’’ Hundreds of events f efit us to this day. are taking place around the country, and I The SPEAKER pro tempore. Under a Four decades later, President George would like to highlight one taking place in my previous order of the House, the gen- W. Bush offered the Nation another district. tleman from Washington (Mr. INSLEE) bold and challenging vision of space ex- Today, the Worcester County Food Bank is is recognized for 5 minutes. ploration that will keep America eco- holding a ‘‘Picnic and Food Drive Kick-Off.’’ (Mr. INSLEE addressed the House. nomically, technologically, and mili- The Worcester County Food Bank, together His remarks will appear hereafter in tarily strong. Congress needs to sup- with Sovereign Bank, Shaw’s Supermarkets, the Extensions of Remarks.) port this mission so we can work with the Worcester Telegram & Gazette, WSRS/ f NASA to achieve the goal of returning WTAG Radio and Curry Printing, are kicking- The SPEAKER pro tempore. Under a Americans to the Moon and sending as- off the 2nd Annual County-wide Grocery Bag previous order of the House, the gentle- tronauts to Mars and beyond. Food Drive. Held at the Worcestrer County woman from Texas (Ms. JACKSON-LEE) NASA’s new space exploration vision Food Bank, the event includes food drive is recognized for 5 minutes. comes at a time when America faces sponsors, partner agencies, volunteers and (Ms. JACKSON-LEE of Texas ad- increased competition from other na- staff enjoying a picnic lunch prepared by Com- dressed the House. Her remarks will tions. Aside from Russia, the People’s munity Kitchen student chefs. It will feature appear hereafter in the Extensions of Republic of China now has an ambi- on-air radio interviews with the sponsors and Remarks.) tious space flight program. China has agencies to raise awareness of the local hun- already launched a spacecraft into low- f ger problem and promote the upcoming food Earth orbit and is intent on developing drive. GENERAL LEAVE a manned aerospace and lunar explo- Madam Speaker, National Hunger Aware- Mr. CULBERSON. Madam Speaker, I ration program. ness Day is just one day out of the year when ask unanimous consent that all Mem- We need to return the Space Shuttle individuals, companies, organizations, and bers may have 5 legislative days within to flight, complete the International faith-based groups can participate, but the re- which to revise and extend their re- Space Station, and extend our presence ality is that hunger is a political problem. across the solar system by developing a There is no justification for hunger to exist in marks and include extraneous material new crew exploration vehicle. this country, or around the world, for that mat- on the subject of my Special Order ter. We have the food, the money, and the today. Space exploration not only advances manpower to end hunger in the United States. The SPEAKER pro tempore. Is there the Nation’s vision. It provides jobs, What we can’t seem to find is the political will objection to the request of the gen- growth and opportunity to millions of to do so. tleman from Texas? American workers. Being the leader in Earlier this year, this body approved bipar- There was no objection. space flight also makes America the tisan legislation reauthorizing the child nutrition f leader in commercial research and de- programs. It’s a good bill that, sadly, doesn’t velopment. The end of the last century ADVANCING FRONTIERS OF witnessed rapid advances in science go far enough. For example, over 22 million SCIENCE low-income children participate in the free and and technology that could only have reduced-price school breakfast and lunch pro- The SPEAKER pro tempore. Under been accomplished by astronauts con- gram. However, only 4.7 million children re- the Speaker’s announced policy of Jan- ducting research in space. Micro- ceive these same lunches in the summer—a uary 7, 2003, the gentleman from Texas gravity experiments on the Space 78.8 percent drop in participation. And it’s not (Mr. CULBERSON) is recognized for 60 Shuttle and the International Space for lack of need. No, Madam Speaker, it’s minutes as the designee of the major- Station led to the creation of next-gen- from the lack of commitment by this Congress. ity leader. eration silicon computer chips and In another example, Madam Speaker, the Mr. CULBERSON. Madam Speaker, it laser communication. Experiments on Child Nutrition Reauthorization Act rightly ends is my privilege to appear here on the the Shuttle in the early 1990s fostered the requirement that many families must pay a House floor today to join with the ma- the development of a manufacturing reduced price for breakfasts and lunches. But jority leader and Members of Congress process known as liquid phase cen- instead of ending this required payment now, who will be with me here today to ex- tering that is now being used to the House-passed bill phases it out over five press our strong support for maintain- produce over $20 billion worth of prod- years. ing America’s leadership role in the ex- ucts in the United States.

VerDate May 21 2004 01:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.095 H03PT1 H3760 CONGRESSIONAL RECORD — HOUSE June 3, 2004 Human space flight stimulates our programs. It was a great part of our Space is important to the future of economy and increases our global com- history as we went to the Moon and did our country. We are a Nation of pio- petitiveness. A new vision must be some wonderful things in outer space. neers. We are a Nation of explorers. We launched if we are to maintain our lead As the gentleman well knows, in re- lead the world in science and tech- in space and ensure our viability as a cent times we have starved our science nology. Everywhere I go as I travel Nation for decades to come. Like it or budget. We are not doing as good a job around the United States, I see images not, other nations are sending their as we should be doing in space explo- at schools, at universities, and in air- citizens into space and seeking to reap ration, which helped us bring along the ports of our space program. Frequently the rewards of those journeys. personal computer, the types of equip- I will see pictures or images of the In an ever-changing and more unpre- ment that we see in our cars that can Shuttle or of our Apollo pioneers; and dictable world, we cannot afford to tell us where we are at any moment, the reason for that I think is obvious. cede our leadership role in space. We all of these amazing technologies that It is in our blood, it is in our nature. have come too far and paid too high a we just count on. The gentleman is cor- Indeed, the gentleman mentioned I price to turn our backs on the future. rect, if we do not continue this invest- am a physician and practiced medicine Supporting NASA’s new space explo- ment, we are going to be behind in the for 15 years before I was elected, and I ration vision and a reasonable invest- world, and other nations are going to still see patients once a month at the ment in NASA’s budget this year will be ahead of us. VA clinic in my congressional district; keep us on a path toward our nation’s Mr. CULBERSON. It is truly only the and I always marvel at the daily appli- destiny. Federal Government with the resources cation of space technology, spin-off Mr. CULBERSON. Madam Speaker, I we have available to pour into sci- technologies directly from our Shuttle thank the gentleman from California entific research, much of the work that program, from our Apollo program, (Mr. CALVERT). It is important that he scientists do, much of the work that even from some of our unmanned mentioned that the nation of China has NASA does, the Jet Propulsion Labora- probes. tory, the magnificent discoveries that an aggressive space program. They b 1600 have set a goal of going to the Moon. It have been made at JPL in California, a I have a contractor in my congres- reminds me that centuries ago, the part of NASA, have been as a result of sional district who has taken the Chinese had one of the greatest fleets the dedicated support of this Congress NASA coolant technology used to cool in the world. The emperor who built and of the United States to put the re- the systems in these planetary probes that great fleet, composed of ships, I sources, the commitment necessary to run down a lot of the rabbit trails that that we use and has placed it in car and understand, that any one of which home air conditioner units and believes could have sailed up the Thames River are necessary. There may be some dead ends there. There are going to be fail- he can improve the efficiency of these prior to Columbus’ discovery of Amer- air conditioner units by as much as 15 ica and conquered all of England be- ures and setbacks. Exploration is dangerous; it is hard. Pushing the frontiers percent. The potential savings in elec- cause of their superiority in fire power tricity demand from a product like and the maneuverability of the ships. of knowledge is hard and requires a commitment that each and every that, if it is able to yield its full poten- That emperor who built that fleet died, tial, could be in the order of hundreds and the succeeding emperor decided to American shares in their heart and they are counting on us to be there, to of billions of dollars over a period of keep China focused on itself and burned just a few years. As a matter of fact, if the fleet at the docks in order to keep give the people at NASA, at JPL, and our scientists the support that they this product proved to be as useful as the Chinese focused inward. As a re- need. he believes it may be, it could poten- sult, the Chinese lost that great advan- Mr. CALVERT. We are a Nation of tially pay for the space program sev- tage they had in the exploration of the pioneers. We are a Nation that explores eral times over. seas, and ceded not only control, they the unknown, and science gives us the Of course, as I was referring to ear- basically lagged far behind the rest of ability to go to outer space. Really, lier, as a physician we use space tech- the world in technology, exploration, outside of the oceans of our Earth, nology in many of our imaging modali- and freedom. which we continue to explore, space is ties, like MRI scanning and CAT scan- Mr. CALVERT. The gentleman is cor- the next frontier that has unlimited ning. We use space technology in a lot rect. Not only did the aforementioned exploration and unlimited discoveries of our pacemaker capabilities, these emperor burn the fleet, if I remember that can help us on this Earth and implantable defibrillators. Indeed, even correctly, he was the one that first or- make us literally the leader of the the prosthetic devices, such as artifi- dered the construction of the wall to world for many centuries to come. cial limbs, some of the materials insulate themselves from the rest of Mr. CULBERSON. I know the gen- science that goes into those devices are the world. That insulation stayed for tleman has seen partnerships in Cali- actually spin-off benefits of the space some centuries, and they put them- fornia, as we have in Texas, between program. selves way back in the pecking order of NASA and our universities. The re- So I rise today to join my colleagues the world. The Chinese now are trying search that is done between NASA and in speaking out in support of the na- to catch up. They are putting a lot of our universities has yielded tangible tional space initiative that I think their national treasure and expertise benefits in medical technology and in President Bush so eloquently laid out into outer space. so many different ways. in his speech at NASA headquarters Mr. CULBERSON. Madam Speaker, We are going to be on this floor talk- several months ago. the Chinese recognize the importance ing about those benefits which have It is really critical that we move of reaching outward to the nations in touched the lives of individual Ameri- ahead with this agenda, because one of not only exploration, but of the tre- cans, particularly in the area of medi- the problems that I found within NASA mendous technological benefits to the cine, which the gentleman from Flor- from virtually the moment of my ar- nation as a whole, and of commerce ida (Mr. WELDON) who has just joined rival is there was not really a clear with other nations. The American peo- us, is so familiar with. agenda of where NASA was going. ple understand that the advancement Madam Speaker, I yield to the gen- NASA had a very clear agenda when of exploration of space, the advance- tleman from Florida (Mr. WELDON) to John F. Kennedy originally articulated ment of the frontiers of science bring join us in this colloquy to lay out the it, I believe he was at Rice University, benefits to us individually and promote benefits individually and collectively if I am not mistaken, in his famous the cause of freedom. as a Nation that have come to us from speech, ‘‘We go to the moon not be- Mr. CALVERT. In the 1950s, it was the exploration of space and the work cause it is easy, but because it is the Russians that first went into outer that NASA is doing. hard,’’ and NASA had a clear agenda of space with Sputnik. That launched a Mr. WELDON of Florida. Madam getting a man on the moon. But since new generation of young people to go Speaker, I am pleased to be here and that time it has been a little unclear. into engineering, science, and tech- join the gentleman from Texas (Mr. Now the President has laid out very nology. Those folks were the backbone CULBERSON) and the gentleman from clearly an agenda, and I want to under- of what was the Gemini and the Apollo California (Mr. CALVERT). score for all my colleagues in the

VerDate May 21 2004 01:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.098 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3761 House of Representatives and the other want to fly the shuttle again, and we wonder. But it is those satellites up body, this is an affordable agenda. do not want to complete the Space Sta- there that keep us communicating Some people have ridiculed this as tion construction. I do not think in any with one another. costing $1 trillion and being impossible way there is a majority of colleagues All of the types of technologies that to do. here in this body who are saying that come from this fantastic investment, But with the tragic loss of Columbia, we do not want to do those things. and I say ‘‘investment’’ in the true I think it has been clear and obvious to So we need to put the resources be- sense, the return on this, I do not think everyone that, for our manned space hind NASA, I think, so that they can of many things we do in government flight program to continue, we need to move ahead with getting the shuttle that we get a higher return than what come up with a replacement for the flying again safely and getting the we do with the money we put in this. space shuttle in the years ahead. We Space Station completed. We have Mr. WELDON of Florida. If the gen- cannot continue to rely on this system. international partners. tleman would yield on that, there is It has been a great system, but it is Mr. CULBERSON. Madam Speaker, another interesting aspect of that, and down now, it could go down again in reclaiming my time, if we could have a I think it is really an unmeasurable re- the future, and when it goes down, we little colloquy, it is important to point turn on the investment. are dependent on the Russians for the out to the American people and to the One of the things I have been most support and service of the Space Sta- fellow Members of Congress that the intrigued by when I talk to teachers, tion. President’s vision which he laid out so and I have had conversations with So the President has laid out I think eloquently and so clearly for the future teachers from all over this country on an affordable initiative to come up of space exploration in this Nation is this issue, as many people know, we with a replacement vehicle for the simply moving money largely within have a problem with not enough young space shuttle, but this vehicle would NASA’s budget, preprogramming $11 people going into math and sciences. If not just go and from low earth orbit, billion within NASA’s existing, pro- you go to many of our colleges and uni- like the space shuttle does, but it jected budget to achieve this vision. versities, the bulk of the graduate stu- would have the flexibility to be able to The vision itself only calls for an addi- dents are foreigners. go back to the moon, to go on to Mars, tional $1 billion over the next 5 years If you talk to our teachers in our and it can support the Space Station in in spending above the fiscal year 2004 schools, they will tell you the thing the years ahead. budget. that gets people most motivated to Importantly included in this vision It is important to keep in perspec- study math and science, young kids, as well is the priority of reorienting tive, as the gentleman from Florida what excites young kids in the third the Space Station research. There have (Mr. WELDON) so correctly pointed out, grade and the fourth grade and the been a lot of people who have ques- that at the time of Apollo, the Nation sixth grade to really hunker down and tioned what the purpose of the Space committed 4 percent of our budget, 4 study math and science, more than any Station is, and the President has clear- percent of the Federal budget, was other subject, it is the space program. ly put forward in his national initia- committed to the Apollo program. Yet When you take the science teaching, tive the vision of saying that we are today what the President is asking for math teaching, and apply it to the going to focus the Space Station re- is simply less than 1 percent of the space program, the teachers tell me it search on answering a lot of these Federal budget to be invested in the ex- gets them excited. questions about biological sciences in ploration of space and pushing the How do you put a price tag on that? terms of how people live and work in frontiers of science. How do you measure that? You are space. talking about our competitiveness. As a physician, I know a fair amount Mr. CALVERT. As my friend from Where are we creating jobs? We are cre- about this. If you look at people who Texas understands also, this is about go up to the Space Station and spend 3 transformation. This is a time of trans- ating jobs in the technology arenas. or 6 months there, when they come formation in the military. It is a time But if we are losing ground on tech- back, they frequently have problems of transformation for NASA, to become nology because our young people are standing up in the gravitational field refocused upon their primary mission; not studying those fields, then that can of the Earth, they have problems with and their primary mission, I think we affect our whole economy. And how do anemia, there are problems with bone all agree, is the exploration of outer you put a dollar value on that? loss, there are problems with blood space. This is a great opportunity for I think the gentleman is absolutely loss, actually, something called the he- this country to once again get back to right, and he said it best, we cannot af- moglobin hematocrit decline in the our national dream of space explo- ford not to invest in NASA. It is one of setting of a prolonged space exposure. ration. the wisest investments that we can So we need a better understanding of As the gentleman from Florida men- make in this body, because it is an in- that if we are ever to go to Mars and if tioned, whether or not we can afford vestment in our future. we are ever to go beyond Mars and if this, I would say we cannot afford not I would be very happy to yield to the we are going to create a permanent to. The type of technologies that we majority leader. I am so pleased for the presence in space, such as on the moon. have been able to share with this coun- support the gentleman has supplied Now, the President’s vision does call try that have come out of the space NASA over the years. It is great to for going back to the moon and going program are irreplaceable. have the gentleman with us. on to Mars, but he lays out an initia- Look what we are doing with energy. Mr. DELAY. Madam Speaker, I appre- tive I think in a way that calls for The gentleman mentioned energy. ciate the gentleman yielding, and I international cooperation, so that this Solar. We look at solar as a renewable really appreciate his holding this spe- would be something that is affordable. resource. I cannot think of many folks cial order, because it is so important to The most important thing that I that have done more work on solar re- continue this debate on the President’s want to say tonight in this dialogue search than NASA, because of what we vision, and this is a perfect way to do with my colleagues here is that some use solar for today, to help get the en- that, and I appreciate the gentleman Members of the House of Representa- ergy that is necessary to keep the sta- from California and the gentleman tives have criticized the budget request tion going. from Texas and their comments. from the President as it relates to The fuel cell technology really start- If I could just make my comments, NASA and feel that we should not go to ed with NASA. Hydrogen technology, for four decades the men and women of Mars, and therefore we need to reduce fuel cell technology, that gives us a NASA have done the impossible. this budget request. But I just want to clean source of energy, some people Whether conquering Earth’s gravity, or underscore the bulk of the President’s really believe the next generation of shooting the moon, or studying the request is to get the shuttle flying energy that will sustain this country vast expanse of space or just beyond again and to complete construction of as we move away from an oil-based our atmosphere, NASA has taken on the Space Station. economy. every challenge put to it and suc- To say we want to cut NASA now is Communications, where would we be ceeded. We owe them our thanks, and to basically to say, well, we do not without our cell phones? Sometimes I we owe them our loyalty.

VerDate May 21 2004 02:34 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.100 H03PT1 H3762 CONGRESSIONAL RECORD — HOUSE June 3, 2004 But as valuable as the research adventure. And no one knows this more reignite the torch of knowledge and NASA has conducted over the last two than our astronauts, all of whom would push deeper into the darkness. Thou- decades has been, both in its applica- gladly take on those challenges, and sands of years to get to Kitty Hawk, tion in space and here on Earth, the many more, for the opportunity to and only 66 more to get to the Moon. time has come for NASA to once again serve this Nation and all mankind in The time has come, Madam Speaker, dare mighty things. The President’s vi- this endeavor. for our Nation to strap itself in for the sion asks them to do just that, to re- Now I concede that space travel is next leg of that journey. We have come turn the space shuttle to flight, to risky, but so is anything worth doing, too far as a Nation and as a world to complete the International Space Sta- and the risk involved in turning our turn back now. Even as we fight to lib- tion, to return to the moon and ulti- backs on space far outweigh the risk of erate mankind from the oppression of mately launch a manned mission to advancing further into it, which is why tyranny and terror, we have an oppor- Mars. questions about the President’s timing tunity, and I believe a calling, to lib- The President’s vision is bold, prac- are the least viable. We are at war, we erate mankind from the ancient optical and consistent with America’s are told, and facing a budget crunch. pression of ignorance of the unknown tradition of leading mankind’s journey Come back when times are rosier, and that continues to hold us back. into the unknown. then we can look at space again. The answers are a long and difficult Now the only way this Nation could road away, but despite the costs, risks, b 1615 in good conscience walk away from our and hardship, we can get there from historic legacy in space, from the leg- But, Madam Speaker, the President’s here. Back to space, back to the Moon, acy of John Glenn, Allen Sheppard and assertion that the time is now for and on to Mars. Neil Armstrong, is if we determine that America to reestablish its space pro- Mr. CULBERSON. Mr. Speaker, I space exploration is no longer worth it, gram is not only correct; it is urgent. thank the majority leader, who has so not worth America’s expense, not We are at war, just as we were when eloquently and forcefully set forth the worth America’s risk, not worth Amer- Neil Armstrong walked on the Moon. benefits in so many ways to this Na- ica’s time. The budget is constricted; but for 4 tion of the President’s vision for outer If the time had indeed come when decades, America’s mission in space space, of space exploration. Because mankind, and specifically the United has been one of the surest economic in- the best evidence I could give in sup- States of America, had gotten out of vestments the Federal Government has port of what the leader has just told us space everything it could hope for, made. Rocketry, satellite technology, of the value of what the President has then I would be the first in line to de- cellular telephony, the MRI, all of set forth is to quote Thomas Jefferson clare victory over the unknown and these were direct benefits of the space in his charge to the Lewis and Clark move on to something else. But, of program, solutions to problems found expedition. Two hundred years ago, course, nothing of the sort is true. in space. And they are just the tip of President Jefferson set forth very sim- America’s space program is not merely the iceberg of the knowledge that we ply to Meriwether Lewis: ‘‘The object a choice but a mission in our national have discovered and a subtle fore- of your mission is to explore the Mis- interests and in the interests of all na- shadowing of what we will learn. souri River.’’ And that simple charge, tions. There is simply no telling what new that simple direction from the Presi- Not worth the expense? Consider the innovations await our Nation, our dent of the United States to explore value of the satellite technologies that economy, our health care, our national the Missouri River has led to the ex- we use to communicate which have be- defense, when NASA’s engineers begin pansion of the United States to the Pa- come the basis of our national defense staring down even larger problems of cific Ocean and the innumerable bene- of this Nation; of touch tone and cel- long-term space flight. What will a fits that flowed from that. lular phones; of global positioning fully constructed international space Madam Speaker, I am happy to yield technologies now employed in Iraq and station discover during its intensive re- to the gentleman from California (Mr. Afghanistan to win the war on terror; search on bioastronautics? What engi- CALVERT). of magnetic resonance imaging, which neering and medical miracles will be Mr. CALVERT. Madam Speaker, just has revolutionized medicine; the auto- created to compensate for an astro- in closing, I would like to point out matic insulin pump, which has saved naut’s prolonged exposure to radiation that in this very building, we were in a and improved millions of lives; or the and microgravity? What new materials conflict between the States and the portable X-ray machine. and devices will be forged in the devel- President at that time. Abraham Lin- Madam Speaker, our economy, our opment of a new crew exploration vehi- coln made a determination that the national defense and our ability to cle? And what applications will these business of the Union would go for- communicate with each other and the discoveries have to our life on Earth? ward, and the dome of this very build- world, for that matter, would simply be We cannot answer these questions ing was completed during the Civil unrecognizable to us without the ex- without first having the courage to War. The business of this Nation moves pensive space travel paid for by pre- allow our scientists and engineers at forward. As a matter of fact, the vious generations of Americans. NASA to have at them. underpinnings of the great railroad Not worth the risk? Exploration, The President’s vision is a bold chal- that bound this Nation together was mankind’s inherent curiosity and will lenge to each and every one of them, done while Abraham Lincoln was Presi- to discover the truth, not worth the and to each and every one of us, to do dent of the United States while the risk? Such thinking, Madam Speaker it again. And when they do, Americans Civil War was raging across this Na- would have left Columbus in Spain, of all ages, from seniors who remember tion, but the business of the Republic Magellan in Portugal and Lewis and a time before NASA, to children who moved forward. Clark in Virginia. never saw an Apollo landing, will come So to say that we should stop the ex- The history of mankind is not a mat- together one night in the future, look ploration of outer space for whatever ter of advance despite the risks, but ad- up in the sky, see that tiny red dot 50 reason is not a good reason, and I vance, in a sense, because of them. Of million miles away, and know that thank the gentleman for holding this course, space travel is risky. It is the somewhere up there Americans are Special Order. most dangerous enterprise in history doing the impossible. Mr. CULBERSON. Madam Speaker, but also the greatest adventure. The President’s vision is a vision of as the majority leader said, the explo- If space travel were easy, everyone that night. It is a vision that will ful- ration of space is hard; it is a difficult would be doing it. We are lucky, lucky fill the promise of the Mercury Seven task. Pushing the frontiers of science despite the hardships and tragedies and inspire the dreams of their grand- forward is also. The support of NASA is that we have endured, to have been children. a cause that knows no political bound- chosen by history and providence to Generations of scientists and engi- aries. live in a nation with the collective neers were drawn into their fields by I am pleased to be joined by my col- wealth and courage to meet such the awesome images and historic com- league and neighbor, the gentlewoman harrowing challenges, to live such an petition of the space race. It is time to from Texas (Ms. JACKSON-LEE); and I

VerDate May 21 2004 01:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.101 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3763 am pleased to yield to her at this time fine human space shuttles, they know vided me with 320 cosponsors, as an so that she may express in her own the excitement and the exhilaration aside, to honor those heroes who went words her view of the importance of that comes with it, but more impor- into space on Columbia Seven. Let the mission of the National Aero- tantly, they know how it impacts our their heroism be not a sign or a state- nautics and Space Administration’s lives. We have seen a decided improvement to close down the space explo- mission to maintain America’s leader- ment in cancer research, HIV research, ration; but as their family members ship role in outer space. stroke and heart disease because of our have said, let it be a challenge, if you Ms. JACKSON-LEE of Texas. Mr. ability to go into space. will, to continue it in a more safe and Speaker, I thank the distinguished gen- We also know that man has pushed positive way. tleman from Texas, and I am very glad our own human limits, men and I look forward to us generating the that it is acknowledged that the idea of women, because of the ability to live kind of space vehicle and the kind of exploration, the idea of being a pioneer on the international space station. The space power, if you will, of the kinds of is not only Texan, but it is American international space station has been humans trained to go to Mars and to and it is bipartisan. So I am delighted one of our greatest accomplishments the Moon, to do it in a unique and very to be able to join my colleague not where people are actually living in special way. But I remind my col- only in support, but also in raising the space. So the idea of stopping off at the leagues that we must as well work with probative questions that need to be international space station and then the administration on an agenda that raised as we look at the vision that has going on to the Moon and Mars is will give us the kind of roadmap that been put forward in going to Mars and something that is both understandable will take us through this process. to the Moon. and achievable. So I am delighted to be able to come First of all, it is exciting to see the Might I say to my good friends, how- not only to provide support, but to ask amount of energy that has been gen- ever, that there are certain elements the hard questions and to make sure erated by many of our advocates and that we must have a bipartisan expres- that most are aware that we are going supporters, particularly the entities sion of, and that, of course, is the idea to ask the hard questions of budget, of that are engaged in research and space of making sure that we have the reinvestment, making sure that we do exploration as to the kind of thinking sources to invest in this plan. We need not take from needed programs that I that is going on, the kind of vehicle to have the administration delineate know that the gentleman supports that would be appropriate. I believe for us the precise dollars that we will along with many others, such as hous- that it is important to note that our utilize; and, of course, we want to ing and education and health care, but astronauts class is still one of the most know, which is one of the difficulties, I that this investment is one that puts sought-after opportunities, educational say to my good friend from Texas, that America just where it needs to be: at opportunities. In fact, I just met 2 days we are facing is people have their advo- the front of the line, on the cutting- ago the first Puerto Rican astronaut cacies, whether it is basic research, edge of science and research that will who will be joining us in Houston whether it is unmanned space explo- ultimately open not only the doors and sometime in August. That class was re- ration. We have to ensure that NASA minds of future mathematicians and cently graduated, and I believe there remains whole and that again, we do scientists, but also it will open the are 600 or more that applied and only a not implode the department and take doors to physicians and cardiologists few were able to obtain that particular from them, but to foster the space ex- and those dealing with kidney disease, high honor. ploration, so we must work together in because we will be able to do the kind So I come to the floor today to indi- a bipartisan way to ensure that. of research there that may open the cate that the mission as evidenced by The other thing that we must do is doors to better health for America, as the question of safety. I am looking the administration is a bold new mis- well as a better quality of life for all forward to very productive hearings, sion for NASA and that it only ensures Americans. bipartisan hearings, that will make I thank the distinguished gentleman a new life. I know that we are com- sure that we have the T’s crossed and for holding this Special Order, and I pelled to think about the issues of the the I’s dotted, and that we look in a hope that when we see each other next, day, whether it is Iraq or Afghanistan, combined way at space safety legisla- we will be working on a definitive whether or not it is the choices we tion to make sure that when we send space exploration program that all of have to make in the appropriations and people into space that we can assure our colleagues will find virtue in and budgeting process; but I have con- the American people that every single will be able to support in a bipartisan fidence in the American will and desire I is dotted and every T is crossed. manner. and in this Congress. I for one would I know that the commission that has Mr. Speaker, thank you for calling this hear- hope that we would recognize that just met in New York is going to give ing to discuss the future of NASA’s mission in choices have to be made that require us us a 10-point report. I hope that we do space, and to understand how the President’s to invest. As my good friend knows, we not kill the messenger, that we will new budget fits in that picture. NASA is at a may have different opinions on tax look at this 10-point report and be able great turning point. Our work here today, and cuts and other uses of our resources, to go down one by one and step by step in the upcoming months, could determine if in but I hope that we will not couch this to ensure that it is followed. a century, our kids’ kids’ kids will be exploring effort as borrowing from Peter to pay Let me also say that the people going Mars, or if they will be walking through a mu- Paul. I hope that we will recognize that to space are heroes. How many of us re- seum, learning about how long, long ago these goals are particularly important, member John Glenn, growing up with Americans used to boldly explore the heav- as it provides opportunities for our him? We do not want to tell our ages, ens. young people in math and science, as it but how many remember growing up I would like to join you in welcoming Dr. provides opportunity for reaching with John Glenn? How many remember Marburger and Administrator O’Keefe. I com- man’s limits, and as well, it provides the challenge that President John Fitz- mend them for their work so far, in keeping us opportunity for the research that has gerald Kennedy gave to us: the stars in informed on the President’s new initiative for been helpful to us in the past. our eyes, the stars in the eyes of chil- human-space flight. Successfully crafting the When I came to this Congress, we dren to come? How many of us have new mission for NASA will take unprece- found it very difficult to pass the ever had the chance to meet an astro- dented cooperation between the Administra- NASA budget, but we began to turn our naut, as I have, having them come into tion, and Congress, and the private sector, attention to the American people. We my congressional district? And do my and the American people. I thank the gentle- began to educate and visit the schools colleagues know that at my annual men for coming today. We must keep this dia- and highlight the value of NASA and Christmas party, the astronauts are logue going. space exploration, and I like to call it more famous and popular than Santa First, I would like to commend the President the National Aeronautics Space Agen- Claus? How about that? So we realize for articulating his bold new vision for NASA’s cy; but, more importantly, most of us that they can provide an impetus of ex- future. We have much work to do to ensure know Johnson or Marshall or Kennedy, citement. that we fine tune that plan, to make sure it fits anyone who has had the privilege of Might I just say that I want to thank our goals scientifically, meets our responsibil- seeing a launching of one of our very you and a number of Members who pro- ities, and works within our means in a tough

VerDate May 21 2004 01:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 9920 E:\CR\FM\K03JN7.103 H03PT1 H3764 CONGRESSIONAL RECORD — HOUSE June 3, 2004 economy. Unfortunately, we are in a time of gether in such a short period of time, course, with John F. Kennedy and then tight budgets, due to horrible financial mis- to have it achieve such spectacular Lyndon Baines Johnson, have been sup- management by this Administration over the success so flawlessly. They deserve our portive of the effort in space. We are past three years. But space exploration is not congratulations and our admiration for very lucky that it has been an Amer- about FY05, or even about 5-year projections. what they have achieved. They are in- ican issue. And that carried forth with It is about an ongoing quest that captures deed a great inspiration to the Nation, William Jefferson Clinton and other people’s minds and hearts, drives our tech- to young people here in America and previous presidents. But, because of nology to the cutting edge, and pushes our all over the world who recognize the that, I hope that this Congress takes economy forward. We cannot afford to aban- value of not only exploring space, but seriously the idea that we cannot shut don progress in space every time we fall on pushing the frontiers of science. it down. We must continue it, looking to make it better, but we must con- challenging times. If we allow NASA to follow b 1630 a boom-bust cycle, it will never have a com- tinue it because it is something that mitted workforce with the expertise and experi- As the majority leader so eloquently belongs to all of America. ence necessary to do great things. said and as my colleague from Texas Mr. CULBERSON. Mr. Speaker, cer- So, I feel we must move forward boldly, but (Ms. JACKSON-LEE) has pointed out, tainly no better, if I may, no better ex- not so boldly that we allow the program to col- there are so many different tech- pression of the importance of the mis- lapse under its own weight. We must be safe, nologies that have spun off from NASA sion of NASA and maintaining Amer- and we must be prudent in making methodical that are important. ica’s leadership role in space, what bet- steps, to the moon, to Mars, and beyond. It occurred to me as I was listening ter expression of that than to have my For example, it is exciting to think of build- to the majority leader’s very eloquent colleague and me here, the gentle- ing the next generation vehicle, and to retire remarks, and my colleague, my neigh- woman from Texas (Ms. JACKSON-LEE) the space shuttle. But if we are on schedule bor just to the east, the gentlewoman and the gentleman from Texas (Mr. to decommission the shuttle in 2010, and then from Texas (Ms. JACKSON-LEE) pointing CULBERSON) in complete agreement on fall behind on the schedule to replace it due out NASA’s many successes, I am re- that. I would challenge any Member of the to shifting budget priorities, we could be minded of a book we were just reading, House to show someone with a stronger caught in a very tough place. We may lose ac- my wife and I, to our daughter, Caro- fiscally conservative record than I, cess to the International Space Station that we line Virginia, who is fascinated with looking carefully at the dollars we al- have invested so much in. We could start los- Harry Houdini, the magician. We were reading a book to Caroline about Hou- ways together, my colleague and I, ing quality NASA employees to the private have been there to support NASA, as sector or to retirement, and lose their institu- dini, and it pointed out Houdini had a hard time succeeding when he began as has the majority leader, who is also tional memory as well. That could make it very our neighbor from Houston. There are difficult to restart a viable program in the fu- a magician until someone pointed out to him that he was making it look too no political parties, there are no polit- ture. ical divisions, I think, between us in Of course, I am especially interested in how easy. He was so good at what he did helping NASA and the jet propulsion this new mission will affect Johnson Space that he made it look easy. The audi- laboratory and the pride that we feel in Center near my district in Houston. As the hub ence could not really appreciate how difficult it was, what he was doing. their magnificent achievements and of the manned space program over the years, acknowledging and congratulating Houston has so much to offer this new mis- Houdini took that to heart and began to make his act look more difficult. them for their spectacular success with sion. However, instability as old programs give the Mars Rover and recognizing in less way to new, could be detrimental to the space I do not want NASA to make it look more difficult, but I think NASA’s than 1 month that NASA’s Casini mis- community and the city as a whole. sion will go into orbit around Saturn And finally I am concerned about safety. great success at making it look easy at and shortly thereafter, the first of the overcoming the spectacular hurdles Since the Columbia tragedy, we are all work- year, NASA will be landing a Euro- that confront them has been in part ing together to re-focus on safety—improving pean-built lander on the surface of perhaps one of the reasons that people the NASA safety ‘‘culture’’ as some call it. We Titan, the only other planet in the take NASA’s work for granted. still have much work to do on that. We need solar system, a moon of Saturn, that I would be happy to yield to my col- to make substantial improvement before we has an atmosphere as dense as that of league. turn all of our thoughts to new things. How- the earth. ever, space exploration is good and needed, Ms. JACKSON-LEE of Texas. Mr. We, both of us, in representing Hous- and I am looking forward to a clear road map Speaker, my colleague makes a very ton recognize the importance of the from the administration. good point. I wanted to say that is why Texas Medical Center and the work Mr. CULBERSON. Mr. Speaker, I those of us on the Committee on that they do with NASA in so many thank my colleague from Texas, be- Science, and certainly he has been ways has saved lives. cause support of NASA, the Jet Propul- working with us, and we have worked If I could point out something that I sion Laboratory, America’s exploration with the gentleman from Texas (Mr. am sure my colleague is familiar with, of space, and keeping our leadership in LAMPSON), the ranking member on the the work that Dr. Michael DeBakey space is indeed something that we can Subcommittee on Space and Aero- has done using space shuttle tech- work on in a bipartisan way, because nautics, and before him, of course, the nology. The shuttle has these huge this is truly an American and Texan gentleman from Texas (Mr. HALL), but turbo pumps that are required to endeavor, to be at the frontiers of ex- there are a number of Texans who have empty the spacecraft’s external tanks ploration. been engaged, the gentleman from of more than 525,000 gallons of liquid My colleague is right about the popu- Texas (Mr. BELL), on that committee hydrogen and oxygen in less than 8.5 larity and importance of NASA’s explo- and have had special advocacies. But minutes. Dr. DeBakey got together ration to the average American. The what we have said is that, in addition with NASA, with a private team as NASA Web site, in fact, has had more to what you have been able to an- well, and developed the MicroMed- hits on it than any Web site in history nounce for us, is that NASA also has DeBakey ventricular assist device in a shorter period of time. NASA is taken a hard look at safety. using NASA’s shuttle technology to now at over 10 billion hits on their Web I think it is important to say to the pump hydrogen and oxygen out of site, in large part due to the spectac- American people that we are not reck- those fuel tanks, to miniaturize that ular success of the Mars exploration less in suggesting that we go to Mars into a device that has kept people alive Rover program and the scientists at or the moon. We know that we will so they could have heart transplants, NASA. JPL, Steve Squires, all deserve bring about great research and great that have helped people’s hearts heal our thanks and our sincere congratula- opportunities, but we also realize that so they could avoid a transplant. tions for their magnificent achieve- it is important, our obligation as the As Dr. Rosenbaum pointed out, the ment in pulling together this extraor- United States Congress, to ensure that heart pump, the MicroMed-DeBakey dinary complicated mission of landing this is a safe process. ventricular assist device, is a perfect two rovers in completely separate And might I just also say that we are blend of NASA engineering and medi- parts of Mars to bring that program to- fortunate that presidents, starting, of cine. The same laws of physics that

VerDate May 21 2004 02:34 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A03JN7.046 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3765 apply to building and flying a space- this as an opportunity for them, people tween industry and between the gov- craft apply to building and operating a from rural America, people from Appa- ernment in creating jobs that will pro- heart pump. lachia, if you will, that have not had vide for a very strong core of people As Dr. DeBakey said, when you have opportunities to be exposed. who understand the very technical as- got intense research going on like this, We want their children to be the next pects, the very sophisticated aspects of new knowledge is bound to flow from pool of astronauts and scientists and science and math and chemistry and it. I know my colleague has seen that mathematicians. The only way one physics which are so very important. benefit as well. does that is you have something for We never want to lose the cutting Ms. JACKSON-LEE of Texas. Abso- them to do. We do not have anything edge of being at the very top of having lutely. We are very fortunate that we for them to do. We cannot expect that that kind of discipline and expertise in have two giants in Texas, both Dr. Ben- they will be engaged in these dis- our Nation. We never want to be a Na- ton Cooley and Dr. DeBakey, who have ciplines, biology, chemistry, being doc- tion that does not produce something, established outstanding hospitals, but tors like Dr. DeBakey, as my colleague does not manufacture something, is we know that Dr. DeBakey is the mentioned, Dr. Cooley. not brilliant enough to create new founder and originator of MASH, of the Mr. CULBERSON. Mr. Speaker, if I science. That is what NASA provides, MASH unit in World War II. might, ignite that spark in their heart that opportunity. But it speaks to the idea of the dis- to know that the United States, the I would only say, in your wisdom of tinguished gentleman from Texas that country they are so privileged to live your own political stand on being fis- we are still living and learning, and the in, is a leader in the exploration of cally responsible, I would also charge ability to be able to do this in space or space, in pushing the frontiers of you as being a man that has a great undo this kind of research in space gives science, to light that spark in the derstanding that America has to invest us a greater opportunity to extend the heart of a young person is one of the in order to have returns. So we have to lives of Americans and people around greatest things that we can do. NASA make choices. Hopefully, the choice of the world. has certainly done that. NASA and space exploration does not I think it would be important now I am probably the most fiscally con- eliminate our opportunities to invest just to note for our colleagues that this servative Member of this House. My our education and health and other re- mission is on a timeline that is very good friend from Houston knows how sources. crucial. And that is, of course, 2008 the carefully I examine every single re- So I thank the distinguished gen- crew exploration vehicle which will quest to spend money that is presented tleman again for bringing us all to- carry astronauts to the moon, we are to me as an appropriator. I am working gether. I think it is extremely impor- looking to have scheduled and to make diligently to balance the Federal budg- tant that our colleagues know that we its first unmanned test flight. In 2008, et. I am a co-author of the Balanced do not stand here only as Texans, that the robotic craft will start flying to Budget Amendment. I want to thank my colleague had Floridians and he the moon to prepare for human expedi- the majority leader, the gentleman had Californians and maybe some others that were here before me and there tions. from Texas (Mr. DELAY), and the lead The reason why I say this is because author of the amendment, the gen- are people from Tennessee and individuals from New York, our chairman, and I understand that you had a distin- tleman from Oklahoma (Mr. ISTOOK), so we have people from all over that I guished gentleman from California on for bringing the balanced budget hope will rally around the idea of space the floor of the House. I already men- amendment to the floor of this House. tioned the gentleman from Texas (Mr. We need to pay off the national debt, being valuable and having us be at the cutting edge of this very valuable pro- LAMPSON) and his leadership, the gen- balance the Federal budget. When it gram. tleman from Texas (Mr. BELL) and his comes to investing in scientific re- Mr. CULBERSON. Mr. Speaker, I leadership, mentioned the gentleman search and maintaining America’s thank my colleague from Texas and from Texas (Mr. HALL). A number of leadership role in outer space, both of look forward to working with her to them have been on the Subcommittee us, I think between the two of us we ensure that NASA gets the support it on Space and Aeronautics, the distin- pretty much cover the political spec- needs, that the President’s vision that guished gentleman from Tennessee. trum, recognize that NASA, JPL, and he has laid out so clearly and so elo- But the reason why I mention the di- scientific research is our national in- quently for the future of NASA and for versity of States and the distinguished surance policy for the future, pros- the future of scientific research in this gentleman from Florida is because this perity of the country, and it will ignite country, that we give the President’s should not be looked upon as a sole that spark in the hearts of young peo- vision the support that it deserves. purview of the great State of Texas. ple. I know my colleague has seen that As the majority leader so eloquently But, in fact, there will be opportunities in her district. pointed out earlier, the exploration of for many, many people to be engaged. Ms. JACKSON-LEE of Texas. Mr. space is indeed a difficult task; and it The robotic craft starts flying, as I Speaker, I would not disagree with my will require the efforts of every Mem- said, in 2008; 2014 the crew exploration colleague at all on that and what that ber of this Congress working together vehicle makes its first manned flight; leads to. And I know that I can encour- from every part of the political spec- and then 2015 to 2020 astronauts return age my good friend, in spite of or trum. to the moon. So we are gradually hav- alongside of his fiscal posture that he I am so pleased to have the majority ing a wide-reaching impact. takes, and do know that he is very leader’s leadership on this effort, to My colleague mentioned it earlier, staunch in his review, as I am very have the full support of the gentleman but I do not know if Americans realize staunch in ensuring the domestic needs from Texas (Mr. DELAY) there, here in one of our greatest international rela- of our Nation with respect to health the House of Representatives. He un- tion efforts has been space. China, and education and housing are as well derstands the importance of scientific India, Israel, some of our countries in invested in. research, the importance of NASA, the South America, France, and others But as we look at space it would be Johnson Space Center now being lo- have been engaged in this process; and important for our colleagues to know cated, of course, in Houston. we have found commonality around that as we fund this effort it sort of The unity that has been shown here space. It is crucial. generates or springs forth opportuni- on this floor, between my colleague, The other thing that I think it does ties in education, investing in math the gentlewoman from Texas (Ms. for those of us who represent very di- and science for our young people so JACKSON-LEE), and myself and the ma- verse districts, it provides the teaching that we can create the kinds of re- jority leader in supporting NASA I tools and the incentives so that not search experts that will be part of this think speaks volumes of the kind of only your daughter is excited about program that my good friend is talking support that I think we will see from what happens in space but that we find about. this Congress when the time comes to children who are in inner city schools, So there are benefits beyond just a get behind NASA. African Americans and Hispanics and few going into space. It generates a Every American out there needs to, I Asians and others, that may not view whole industry, a whole chemistry be- think, express themselves to their

VerDate May 21 2004 01:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.107 H03PT1 H3766 CONGRESSIONAL RECORD — HOUSE June 3, 2004 elected officials, to their Members of crew escape system for our astronauts is in- ing mission. On January 14 of this year, we Congress, just as they have done in all corporated into the design of the spacecraft. I received a reply. the hits they have made on the NASA would suggest that if NASA can find the NASA was given a bold, new path—which Web site. money for a multibillion-dollar probe to Jupiter, will take our Nation on a journey of exploration I would conclude by pointing out then it can find the funds to make crew surviv- and discovery that is affordable, achievable, that we will continue to be here on a ability a priority. As we implement the new and exciting. regular basis pointing out the benefits space vision, I will work to ensure that NASA The first element of the vision includes re- of NASA’s work over the years, the im- fulfills this priority and minimizes the risks for turning the space shuttle to flight, and com- portance of the President’s vision, sup- our brave men and women who fly our space pleting the International Space Station. In fact, porting what he has laid out for NASA, missions. Our hopes and dreams ride with the bulk of the increase in NASA’s requested for the jet propulsion laboratory. them, and we must do all we can, at whatever FY05 budget is for getting the shuttle fleet off the ground, and continued ISS construction. b 1645 cost is necessary, to ensure their safety. America’s space program continues to be The ISS will be used to learn how to extend I would also like to conclude by an engine for our national economy. Explo- human presence in the hostile environment of quoting my hero, Thomas Jefferson, ration brings jobs and technological growth to space. who pointed out perhaps the greatest America. Last year, space exploration brought The vision includes implementing a sus- benefit of our investment in science. over $3.7 billion in funds to universities and tained human and robotic program to explore Mr. Jefferson was fond of saying, and it businesses in Texas alone. Nearly every State the solar system and beyond. Not one or the is so very true, that the first-born child in the union benefits from the development of other, but both human and robotic exploration, of science is always freedom. technologies needed to propel our space mis- using the strengths of each to expand their With that, I close, Mr. Speaker. sion. At a time when we are all concerned frontiers of our knowledge. The vision includes a goal of returning hu- Mr. HALL. Mr. Speaker, I rise today in about jobs leaving the United States, sup- mans to the Moon by year 2020, and using strong support of the Vision for Space Explo- porting NASA makes sense because we are this as a stepping stone for human exploration ration. Since 1969, America has led the world providing good jobs for Americans. into space and it is time to renew that vision. The money that we put into NASA grows of Mars and other destinations. Along the way, this journey of exploration Our ventures into space not only keep Amer- exponentially when we consider the scientific will require the development of innovative ica at the forefront of exploration and innova- and technological spinoffs that space explo- technologies, key knowledge, and enabling in- tion, but they also are vital to our economy ration provides. Experiments conducted on the frastructures. This vision will further U.S. sci- and our national security. This new National space shuttle and International Space Station Vision sets America on a course toward the entific, security, and economic interests, and it expand health research and move us toward also promotes international and commercial Moon and Mars, and we should embrace this cures for some of our most threatening dis- dream and work to make it a reality. participation in exploration. eases. Microgravity experiments in the 1990s Mr. Speaker, this vision is affordable to our In my mind, the first step of this new journey led to advances in antibiotics to fight infec- back to the Moon, Mars, and beyond, is to re- nation. NASA’s requested budget includes tions. These experiments also unlocked se- modest increases for an agency that has been turn the space shuttle to flight. I say this for crets to protein growth that produced medi- several important reasons. First, our country essentially level-funded, in constant dollars, for cines to treat patients who have suffered from the past 10 years. The FY05 budget request made a commitment to our international part- strokes and to prepare them for open-heart for NASA represents 0.7 percent of the Fed- ners that we would complete the construction surgery. Americans suffering from eral budget, compared to 1 percent in 1994, of the International Space Station. Only the osteoporosis also benefit from bone-density and a peak of 4 percent during Apollo. Be- space shuttle is capable of completing this all- experiments conducted on the International tween 1993 and 2002, the Federal Govern- important task. Second, as the preeminent Space Station in microgravity environments. ment’s discretionary spending grew in pur- leader in human space flight, we cannot afford These tests accelerated the clinical trials of a chasing power by more than 25 percent. But to sit idle and let other nations reap the re- drug that is expected to be on the market NASA’s funding profile over this same decade wards of our hard work, research, and sac- soon. From the development of MRI tech- resulted in a loss in purchasing power of 13 rifice. We know that the People’s Republic of nology to microchips, the scientific partner- percent. I recognize that our Nation has many China has developed a human space flight ships between NASA and American univer- other worthy demands on the Federal budget program that encompasses everything from sities and companies ensure our Nation’s via- at this time—but this is something that only a low earth orbit to exploring the Moon and bility, increase our Nation’s competitiveness, great nation such as ours can do. Mars. To let our space shuttle fleet, the most and help drive our economy. This vision is also achievable. The plan is sophisticated and advanced space craft the On January 14, 2004, we were pointed to- not a race to the Moon or Mars, but a continu- world has ever seen, sit idle while other na- ward a new vision for space exploration and a ation of the spirit of exploration that is such an tions pass us by would be counter-productive renewed commitment to the American dream important part of America’s heritage. And it is to our space program. We must, however tem- of reaching for new frontiers. For the first time based on a spiral-development philosophy per this thrust to Mars with economic realism. in 40 years, our Nation once again has a vi- where you build on your accomplishments, While people are more interested today in sion. We owe it to future generations of Ameri- learning from your successes—and your fail- being able to make a trip to the grocery store cans and the men and women who have kept ures—along the way. We know that this ap- than go to Mars—we agree that this is the the space mission alive for four decades to proach can work—it already has, as Project time to initiate a sensible, stepping-stone, ap- continue to forge ahead. Congress should ap- Apollo built on the amazing achievements and proach to investment in planning and carrying prove the modest 5.6-percent increase in occasional setbacks of Project Mercury and out our long-term mission. NASA funds this year so that we can continue Project Gemini. It is, however, incumbent on us to do all we this journey, secure our national interest, and Mr. Speaker, I know that there are some can to return astronauts to space safely. Last fulfill America’s destiny in space. who say that NASA has not yet provided year’s Columbia disaster underscored the sad Mr. CRAMER. Mr. Speaker, I rise in support enough details about their exploration plan. reality that we have not done enough to en- of our Nation’s new vision for space explo- They are working hard to provide us with the sure crew safety. I authored an amendment ration. details. But we can all be assured that this that was included in last year’s NASA funding I represent north Alabama, which is home to body will have regular opportunities during the bill that calls for $15 million to be used to so- NASA’s Marshall Space Flight Center. Space journey for strong congressional oversight. licit the best concepts from the aerospace in- exploration holds a special place in the hearts We have a bold new vision for our Nation’s dustry and elsewhere to improve shuttle crew of my constituents. Marshall and its team de- space program laid out in front of us. This vi- survivability. It is critical that the Space Shuttle signed and developed the Saturn launch vehi- sion will help secure America’s national secu- Program continue to improve survivability for cles which sent our Nation on its last inspiring rity. This vision will help assure America’s eco- its remaining service life—including making journey to the Moon. I remember that jour- nomic prosperity. And it will help strengthen modifications for the crew, such as cabin ther- ney—it was an exciting time for north Ala- America’s technological competitiveness. Like mal/structural hardening, improved flight suits, bama, and it was an exciting time for our Na- the successes of Apollo, the benefits of this vi- and search and rescue capability. tion. sion of exploration and discovery will be felt Meanwhile, as NASA develops the new Last year, I was one of 101 House Mem- over generations. crew exploration vehicle for human space bers who wrote a bipartisan letter to the Presi- Mr. Speaker, at the beginning of the 21st flight, we need to make sure that a viable dent, urging him to focus NASA on an inspir- century, our Nation’s space program is at a

VerDate May 21 2004 02:34 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4634 Sfmt 9920 E:\CR\FM\K03JN7.108 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3767 crossroads. I urge my colleagues to grasp this American people so that they can As you know, over the last couple of historic opportunity, and join me in support of make the right decisions at the right weeks we have been getting phone calls this vision that will reinvigorate our Nation’s time when they are given the oppor- and e-mails about students throughout space program. tunity. Also, to hopefully have an op- the country going to supervisor of elec- Mr. SMITH of Texas. Mr. Speaker, I support portunity to speak to our colleagues tions offices and being told that they NASA’s new space exploration vision. Ameri- about some of the issues that are fac- cannot register to vote there. Those cans might ask: What is that vision? It means ing this Congress and the American students that are now in summer we are committed to these goals— people, that they can also make the school, students that would like to go Return the space shuttle to flight; right decision at the right opportunity into the fall and be able to have the op- Complete the International Space Station; and at the right time. portunity to vote in the primary elec- Develop the Crew Exploration Vehicle; We have more opportunities, the tions in many States and also in the Go back to the Moon; American people do, to make major de- general election. They are being told Go to Mars; cisions. They get an opportunity every that they can not register to vote in Increase NASA funding by almost 6 percent. couple of years as it relates to the that State because they are not a per- This new space exploration vision is a turn- House of Representatives, and in many manent resident. But, as you know, in ing point for NASA. cases every 6 years as it relates to the 1975 the Supreme Court said you can We know there are inherent risks that come other body. But every 4 years they get register. It is legal. with space exploration, which is the pursuit of an opportunity to vote for the leader of So we got a response back from a new knowledge and new worlds. Skepticism the free world, the President of the number of people saying this has hap- and doubt are often linked to NASA and its United States; and it is important that pened to me, and we asked them to go goals. But history provides the answers to we understand exactly what is going on to rockthevote.com. those concerns. in our country, what is going on in the Mr. RYAN of Ohio. Rockthevote.com The Mercury, Gemini and Apollo programs world. to help with voter suppression across culminated in a great achievement: landing an This is an hour, Mr. Speaker, that the country. It will inform you about astronaut on the moon. the minority leader, the gentlewoman whatever your situation may be lo- In the past 45 years, NASA’s explorations from California (Ms. PELOSI), has put cally. and scientific experiments have led to techno- together for our 30-something Caucus I just brought a couple of these that logical breakthroughs that have changed our that we have on the Democratic side on I wanted to read, because we are going lives. They include a heart pump implant sys- the aisle. The gentleman from Ohio to, obviously, move to another topic. tem that prolongs lives, smoke detectors that (Mr. RYAN) is my co-chair as it relates We received a couple of e-mails that we have saved thousands from death and shape to our working group. pulled out here, one from a Luther We have a number of members, some memory metal used in eyeglasses and golf Lowe from the College of William and 14 Members of this House, that take clubs that make them bendable. Advance- Mary in Williamsburg, Virginia, and time out every week to come to the ments have also included the unexpected, one also from Alleyn Harned from Co- floor. We have an opportunity to talk such as a new line of shock-absorbing athletic lumbus, Ohio, who lives in Delaware. I about issues that are facing young am going to read a couple of para- shoes. Americans and also middle-aged Amer- I believe the new space exploration vision is graphs out of the e-mail we got, be- icans and older Americans, because cause most adults will say why are affordable and achievable. To succeed it re- when we start talking about education, quires congressional support, leadership from kids not participating and being active we start talking about health care, we in the process? There is youth voter ap- the White House, and an unwavering belief start talking about jobs. athy. that the impossible can one day become the I think it is important we talk about I just want to read these. This is Lu- possible. Iraq. It is also important to all Ameri- ther Lowe from William and Mary. Mr. Speaker, NASA has inspired the public cans, but we try to make sure that we ‘‘Rather than sit and watch our local since the Mercury 7 astronauts had ‘‘the right be able to give voice to those individ- representatives make laws which are stuff’’ to launch our space exploration pro- uals that are young parents and those unfair to young people, I decided to gram. Their legacy is secure. individuals that are going into college participate in my local democracy. I Our challenge today is to honor the legacy and even young people that are looking applied to register to vote at Williams- and build upon it with a new vision. I believe to go to college to make sure that they burg which required I also fill out a de- we can. America still has the right stuff to have a great opportunity to do what make other giant leaps for mankind. they have to do. tailed two-page questionnaire in addi- f I am so glad that my good friend tion to the normal form. One week from Ohio (Mr. RYAN) is here with me, later, I received a notification of my HOUR OF MEETING ON TUESDAY, registration denial. The reasons? I was JUNE 8, 2004 who is just an outstanding gentleman. We both serve on the Committee on claimed on my parents’ income taxes. I Mr. CULBERSON. Mr. Speaker, I ask Armed Services together, and we sit drove a car owned by my mom who unanimous consent that when the next to each other, almost next to each lives in Arkansas. According to the House adjourn tomorrow, it adjourn to other, but we are there on the same local registrar, I should have been vot- meet at 12:30 p.m. on Tuesday, June 8, level on the bottom row. ing in my parents’ hometown. The 2004, for morning hour debate. I thank the gentleman for being here. problem with that is I have never voted The SPEAKER pro tempore (Mr. Mr. RYAN of Ohio. Mr. Speaker, I in my parents’ hometown. I voted for FEENEY). Is there objection to the re- thank the gentleman very much. Al Gore from my boarding school in quest of the gentleman from Texas? Over the past week, we had a break. high school. I spend less than 2 months There was no objection. We normally are doing our 30-some- a year in Arkansas, so why should I be f thing event on Tuesday nights, but we participating in local elections there? are here on Thursday night tonight, With the help of a local attorney from 30–SOMETHING DEMOCRATS and we are going to take a little dif- the ACLU, I fought back. It was only The SPEAKER pro tempore. Under ferent twist here. Normally, we talk after two lawsuits that I was able to the Speaker’s announced policy of Jan- about issues that are facing young stu- register on a technicality that I am a uary 7, 2003, the gentleman from Flor- dents, young people trying to make member of the Virginia National Guard ida (Mr. MEEK) is recognized for 60 min- their way in the workforce. and Governor Mark Warner is my pri- utes as the designee of the minority Mr. MEEK of Florida. Can I just, mary commander in chief.’’ leader. when the gentleman mentioned that, Give me a break. Here is a kid that Mr. MEEK of Florida. Mr. Speaker, it because we need to get into what we wants to participate in the system, and is always a pleasure to address the are getting ready to discuss right now, he has got to hire a lawyer from the House of Representatives and also the but I know the gentleman has a couple ACLU to get a right to vote from the American people on issues of impor- of e-mails. If we can just take 5 min- university. tance. A part of our democracy is being utes and talk about this voter suppres- Mr. MEEK of Florida. And he is a Na- able to provide information to the sion issue. tional Guardsman.

VerDate May 21 2004 01:50 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A03JN7.055 H03PT1 H3768 CONGRESSIONAL RECORD — HOUSE June 3, 2004 Mr. RYAN of Ohio. And he is a Na- ing that has damaged this country fis- can to make sure that we play down tional Guardsman. The kid loves his cally or with our political bank ac- the nuclear threat in the region, but country, loves the State of Virginia, count more than the latest war in Iraq. we paid him. We paid him almost has not been in Arkansas all that I was against the war, as I am for full $400,000 to provide this information. much, and they are trying to limit his disclosure for the American people, for Mr. RYAN of Ohio. $400,000 a month. right to vote. a lot of reasons that we are talking Mr. MEEK of Florida. Almost $400,000 I think that is the perfect example of about today. a month. It is between 375 and 400. But why we are doing this, why we want to And I see that there are some young when you are dealing with a $4.7 tril- keep doing this, and slowly, over time, students that are up in the gallery lion deficit, it seems like individuals allow us to at least communicate to now, so we actually have a live audi- that are in control of this House or the the young people of this country that ence here. Why should they care about White House, they are not really con- sometimes it is a little bit of a fight. It what is going on in Iraq? cerned, or the Pentagon. should not be, but let them know that ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Now, I must say that it is important there are people here working on this The SPEAKER pro tempore. The for us to remember that our credibility for them. Chair reminds Members not to make is at stake and American troops’ lives Mr. MEEK of Florida. It is just amaz- references to visitors in the gallery. are at stake. Any time we say that ing that you have to sue. I mean, it is Mr. RYAN of Ohio. Why should we some folks stand behind our troops, we amazing that you have to sue to par- talk about Mr. Chalabi? Why should we stand with our troops. And I will tell ticipate in democracy. talk about his relationship to Presi- you right now that it is important that Mr. RYAN of Ohio. It would be funny dent Bush? Why should we talk about this information, that is bad informa- if it was not so sad. his relationship to Vice President CHE- tion that we are getting from this gen- Mr. MEEK of Florida. And the level NEY? tleman, and also he is turning around of insight that went into the letter he This gentleman stood up in the gal- and sharing our secrets with Iran. This received from an official office of say- lery during the State of the Union ad- is serious business, and this is nothing ing not only do we think you do not re- dress as a friend of the President of the to play around with. side in this State but you have your United States; and now we see in the Just because we point these issues mom’s car, and the last time you voted paper today, from CNN’s Inside Poli- out, some may say, they are just being you were in another State. It is very, tics, Condoleezza Rice is now political. Let me tell you something. very important that Americans under- downplaying the relationship that this The lives that will be lost because of stand that we have to fight day in and administration had with Mr. Chalabi. day out, even within the borders of our the information that has been shared And she says, we had a relationship own country, to make sure that our with Iran and the information that we voices are heard. And young people with Mr. Chalabi’s Iraqi National Con- need to be able to fight the effort they are getting it handed to them gress just like we have relationships against terrorism, when it puts our right now not only by the Federal Gov- with a number of Iraqi organizations troops’ lives at stake, no one stops ernment but the State has to do the devoted to the overthrow of Saddam them, insurgents do not stop them and same thing because we have cut our Hussein. say, hey, let me ask you a question be- That is not true. It is not just like commitment to them. fore we explode this improvised bomb We will talk about spending money every other relationship they had, be- here. Are you a Republican, Democrat and spending irresponsibly. But I cut cause this gentleman was sitting in or Independent? this gallery during the President’s the gentleman off. He was about to b 1700 head down a path that we are fully pre- State of the Union address which, as Are you a male or a female or are pared to talk about this afternoon. But we know, it is an honor to be recog- you black or are you Hispanic or what I want to encourage our listeners and nized here in this Chamber, whether it have you? Are you partisan or Chris- watchers to go to rockthevote.com. I is legally or illegally acknowledged. tian? Are you a Jew? They do not ask understand we are going to do some But he was acknowledged as a friend of that question. They just carry out the things in the 30-something Caucus to the administration. act. make sure that does not continue to Mr. MEEK of Florida. Well, obvi- So we have decisions that are being happen. ously, he has represented himself as a Mr. RYAN of Ohio. We will move on friend of the United States. But there made in the Pentagon, and I must say a little bit to the topic that we have is a big discussion about him giving we have got to get to the whole res- been talking about a lot in the Com- away the fact that we had Iran’s secret ignation of the CIA Director, Mr. mittee on Armed Services and also codes and to be able to get intelligence Tenet, and also what is not happening been talking about a lot in Congress; on what they are doing inside Iran. as it relates to Mr. Rumsfeld, who is and, obviously, the President of the Now that is major. That is major. That kind of hard to find these days; but at United States has been talking about is just another investigation that is the same time some of the bad deci- this a great deal. going on. sions are still being made at the high- Notice the picture that I have next to But how much did we pay him a est levels of the Pentagon. Everyone me. The gentleman on my far right, on month? Does the gentleman remember wants to get to the bottom of things, the gentleman’s far left, is President that number? Was it like $365,000 a but no one wants to get to the top of it. George Bush II. And on my near right month? I believe that that was the Mr. RYAN of Ohio. Mr. Speaker, I here is Mr. Chalabi, who was the main number that they had. And if I can, I know the gentleman is passionate informant, the main intelligence gath- pulled my credit card out last time. I about this. I think your performance erer for the United States of America pulled it out of my wallet, and my wife on our committee has been a pas- in leading to the war in Iraq. said, do not pull that credit card out. sionate performance, and I think it is The reason why we are going to talk And I told her I was using it as a prop. important for the young people who about this is because some people may But with a little help from my graph- are watching it or the C–SPAN viewers be asking, what are two 30-somethings ics people, when we start looking at who are watching this to understand at that primarily have been focused on this we are looking at really $477 bil- how much of a disadvantage the next long-term debt for the country, in- lion, which is $4.7 trillion dollars in generation is going to be because of the crease in the deficit, annual deficits debt right now. And this is, of course, acts of today, the amount of credibility that we have in this country, student the U.S. Treasury that this money is that we lost in the world, the amount loans and college debt for students, coming out of. of negotiating power that we have lost debt for the country, debt for students, So not only did we pay for a double in the world; and I am going to give a job access, outsourcing, we have talked spy to be able to share information couple of examples and tie this into about a lot of these issues, why are we with Iran, had a relationship, a very something that we were talking about going to talk about the war? close relationship and family ties to before a few weeks ago. I think, and I know the gentleman Iran, which I must say that day in and We were talking a lot about China knows this, that there has been noth- day out we are trying to do what we stealing our manufacturing in the

VerDate May 21 2004 01:50 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.111 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3769 United States of America, how we are Mr. MEEK of Florida. Mr. Speaker, good information. This is not the gen- losing the manufacturing base in this let me just say this. I saw our con man tleman from Ohio (Mr. RYAN) and the country, and the majority of these jobs on ‘‘Nightline’’ with Ted Koppel, and gentleman from Florida (Mr. MEEK) and companies are moving to China, he said that he wanted to come before saying, hey, what can we write to exploiting the labor and human rights the Congress and address the Congress. make it seem like we are right. This is and everything else. How does that tie He was willing to come to a congres- straight out of the White House, and into this? sional hearing. I am to the point that I this was yesterday. It is not last week. Because of the political capital that will send him a ticket because I really I encourage Americans, if you can, I we have been expending on Iraq, we want to see this one. do not have any stock in Time Warner, cannot deal with a greater threat, Mr. RYAN of Ohio. We will pay for but please get this Time magazine that which is North Korea, which has in- the bus fare. I am holding here, and I encourage creased their nuclear arsenal by 400 Mr. MEEK of Florida. Mr. Speaker, Members of the Congress to grab a percent in the last 3 years. So because as you know, some of our troops se- copy of this Time magazine. we are so bogged down in the Middle cured the perimeter while Iraqi police I get Time in my office, and of East right now, we have to ask China went in and raided his office. This is course, the issue on obesity in Amer- to deal with North Korea for us, and the man we just cut payment off to in ica, I need to read that story, too, be- therefore, we cannot play tough with the last 30 days. cause I need to put down a few things. China on manufacturing. So this has Also you mentioned outsourcing, and But there are a number of issues that helped us not to be able to deal with I just want, as it relates to this war we have been talking about in the the erosion of the manufacturing base. and as it relates to the fight that we Committee on Armed Services that I It is the same with the oil prices. have tried to put on in the Committee would like to talk about if we would OPEC is now saying they are going to on Armed Services, of making sure have a public hearing for a change to turn the spigots on. We are not sure. that our troops still get the things that be able to share with the American We will believe it when we see it, but they should have gotten when they people about what is happening to our we have to ask Saudi Arabia to help us first went in, armor, up-armoring troops, what is happening for our with our problems in the Middle East Humvees, making sure that they have troops and to be able to share with the and Iraq, and we cannot talk tough the things that they need to have so rest of the world that we do care about with Saudi Arabia for the gasoline they do not have to write home and the good, bad, and ugly that goes on in prices. So we have put ourselves at a say, Mom, Honey, can you send me America, and we are able to address it. weak bargaining position with China, I will tell you, I will continue and some equipment, can you send me a weak bargaining position with the with your voice and other folks’ voices, bulletproof vest. I mean, all of these Saudis to deal with the oil crisis and and I am so glad I was on this morning things that the U.S. military is sup- the gas crisis in this country. on the Washington Journal, on C– posed to provide but did not have on I want the American people who SPAN, with one of our Republican col- hand because we went at this war in work two jobs and deal with their leagues who concurs that we should haste. grandparents and their parents and have hearings about what is going on You mentioned something about people are sick and they are sending in Guantanamo Bay, Cuba, our base outsourcing, and I want to tell you, I their kids to school, who do not have where we are detaining insurgents, the think maybe at this juncture, maybe 4 time to digest all of this, and I want al Qaeda individuals that are providing years into the business of trying to run them to understand that we have made us the very information that we need the country, that one would under- bad political moves, and we hire Presi- to be able to save American troops’ stand past mistakes. Well, it seems dents and hire Members of Congress to lives. I want to talk about the drug like the White House is at it again. put us in good political positions. issue in Afghanistan that is also put- The White House announced yester- I heard many Members on the other ting American troops’ lives at risk. side talk about Thomas Jefferson. day, led by President Bush, that they So we cannot sit here and say, well, Well, we bought the Louisiana terri- just gave the largest technology con- let us pass another resolution sup- tory. That was a good political posi- tract for passport screening, the larg- porting the troops. No, we should not tion. It put the country in a good posi- est contract in the history of the De- pass another resolution supporting the tion. NASA put the country in a good partment of Homeland Security to a troops. The troops already know that position. For us to just sit here and Bermuda company, a company that has we support them. We support them. watch our country be put in a weak po- turned in its U.S. passport, moved to There is no question. There is no great sition, a weak bargaining position, a Bermuda to skirt paying Federal cor- mystery in the Congress about who weak negotiating position, all in the porate taxes to be able to help this does not and who does support the process of pulling out the credit card country run. Those jobs have also been troops. Everyone does. and dropping $200 billion in the Middle encouraged and will continue to stay The 5-year-old kids that are walking East, which now we have to stay and offshore of the United States of Amer- around in this building, if you ask win, no one’s arguing that, we have to ica to be able to provide the very jobs them do they care about our military, support our troops, and I know we both that individuals are looking for. I guarantee you nine times out of 10 voted for the Defense authorization I must be able to share with you that and 99.9 percent, you are doggone right, bill. So this is not pacifist. We do not unless some amazing magic trick hap- I do. I look up to them. They are he- want any war ever, and we are going to pens in the next 5 months, this Presi- roes and sheroes. They are in the com- support the Defense spending in this dent will be the first President in a munity; they serve. They are Reserv- country, the Defense appropriations. very, very, very long time that has not ists that have been in Afghanistan and We both have voted for that. gained not one net job, one-plus net job Iraq and other areas and the Horn of All we are saying is bad decisions for U.S. citizens or individuals that are Africa where we are fighting the issue have been made and they have been here in the United States of America. I of terrorism. made because we have been taking adjust want to make sure that we under- Let me share with you a few things vice from a con man who has conned stand. The American taxpayers are in the Time magazine this month. This everybody for the last 25 or 30 years in paying $10 billion, okay, that is with a is very interesting. It has a picture in the world, who was found guilty of 30- capital B, for the passport inspections here of children that are playing in some counts in Jordan, fraud, embez- to a company that has turned its own front of a painting of the famous pic- zlement, has been running around the U.S. passports in and their bank ac- ture in Abu Ghraib prison where the in- Middle East and running around Eu- count is offshore. dividual has the wires hooked up to rope over the past years. Everyone Yes, I am a Democrat; but you know him, and I think it is important for the knew the reputation of this man; and something, there has to be a change, Committee on Armed Services and this he just told this administration what and when I said in the opening that the House of Representatives, to the ma- they wanted to hear, and they bought American people have to make a deci- jority, that not only we get to the bot- it hook, line and sinker; and now we sion on when they get the opportunity, tom of it, I am sick and tired of look- are stuck. it is up to us to make sure they have ing at sergeants and privates. We are

VerDate May 21 2004 01:50 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.114 H03PT1 H3770 CONGRESSIONAL RECORD — HOUSE June 3, 2004 going to hold them accountable. We are whole outing of the CIA agent. This is the intelligence community left and going to court-martial. We are going to huge. We had a young lady in harm’s right to try to get accurate informa- put them in jail, but how do we get to way, and in this White House some- tion. Instead, we were relying on a con the culture of how the individuals felt where she was outed, and then the man to get the information that we comfortable in doing this? By us ad- President goes and talks to an attor- wanted to hear. dressing the issue all the way up to the ney. It is not a good sign. So what I do not understand is why, top, okay, and it is important that we So I want to say that the American after a major intelligence failure, you do that. people have to really pay attention to do not try to rectify that problem by I am talking about the Secretary of what is going on. We are far beyond having and assuring that you have Defense, Donald Rumsfeld, who I did in Democrat and Republican right now. good intelligence. Not to make a minor committee thank him for his service to We are far beyond that. American lives decision, but to go to war and to send the country. He was a Member of this are at stake, and by the fact of us hav- 140,000 troops to war. Why are you not Congress, a two-term Secretary, serving these hearings, letting not only the making sure we have good intel- ing his second term as Defense Sec- world but the American people know ligence? retary, but there becomes a point when that we are going to address prisoner I think that is something that maybe you say, you know something, maybe I abuse and that we are not going to in many ways Members of Congress did need to allow someone else to lead at allow it to happen because, guess what, not ask enough questions, the media this point, when we gave inaccurate in- we are not them. We are not the terror- did not ask enough questions, that we formation about weapons of mass de- ists. We are not the insurgents. We are were not confrontational enough as to struction; when we gave inaccurate in- not individuals that are parking cars in what the Iraqi policy was going to be. formation as it relates to what is going front of buildings waiting on those cars We have been talking here for a to happen after the shock-and-awe to explode. while, so I would like to yield to my campaign that was misleading; when colleague, the gentleman from Ala- we gave information of the fact that we b 1715 bama (Mr. DAVIS). were ready equipment-wise to go into We do not gun down innocent people. Mr. DAVIS of Alabama. Mr. Speaker, Iraq for a year and 15 months, going on We are the United States of America. I thank the gentleman from Ohio, and 2 years, all of our troops would have We have to uphold the history and the I am always glad to see my friends what they need. integrity that our veterans have put from Florida and Ohio with all the Mr. RYAN of Ohio. Mr. Speaker, if forth in foreign lands and in this coun- promise that you all represent for this the gentleman would yield, and that try of being men and women of honor institution. intelligence was based on information and integrity. For individuals in shirts Let me just share an anecdote with that they were getting from Chalabi, and ties to make decisions and then you and then talk about that for a mo- who is a known criminal. I mean, you anyone that questions their decisions ment. I was in rural Alabama, in my are taking the country to war on intel- is considered helping the terrorists or home district, about close to exactly a ligence, none has been true yet. We re- being on the other side is really far be- year ago now. It was mid-June of 2003. peatedly hear: Saddam’s ties to 9/11, yond anything that I can remember. So And I had the honor of being the com- treated as liberators, the whole list, I think it is important that the Amer- mencement Speaker at Judson College in Perry County, Alabama. use the oil revenue, whole list. All of ican people pick up that magazine. I remember a woman walked up to that intelligence was wasted on infor- Also, there is an article here talking me after I had done the commencement mation that we were getting from this about how we are in full retreat on our speech, and she had tears in her eyes. I guy. That is what is frustrating to me. Iraq policy. But I think it is important made the reasonable assumption that Mr. MEEK of Florida. Mr. Speaker, that we understand that outsourcing in she was tearful because her child had let me just share with you a bid-for by the White House is still going on, some the Defense Department, some $360,000 graduated that day and they were tears of the bad decisions that are going on of happiness. She walked up to me and on a monthly basis. in the Pentagon, decisions that are I tell you the reason why we will not said something that has stuck in my being made and putting America’s mind for the last year. have hearings here in the House, public troops’ lives at stake so that this Con- hearings, about what is going on in this She said, ‘‘Mr. DAVIS, I have a hus- gress has to rise up. The chairman of war is that no one has the right an- band who is in Iraq right now as a the Committee on Armed Services in swers for what has actually happened member of the Alabama National the other body is being criticized by his today. Forget about the argument of Guard, and our daughter did graduate colleagues, Republican colleagues, for yesterday. Let us talk about today. today. My husband, her father, could There was a point when the Sec- having open hearings about what is not be here because he is serving our retary of Defense could not answer in a happening wrong in Iraq. Something is country.’’ And then she went on to say, straight way how many U.S. troops we fundamentally wrong with that. His and she said it brokenly, in the midst had on the ground. Mr. Secretary, well, having those hearings may help save of her tears, she went on to say, ‘‘Every we have maybe, the indicators say American lives. morning I get up and I turn my tele- maybe, you know, the rotation. We do So I think it is important we have vision on CNN and I see the little not need to hear that. The American this open government. No one wants to crawler at the bottom of the screen, people need to know more about what give away secrets, but it is important two Americans killed, three Americans is going on with this war. to share this information with the peo- killed.’’ And she said, ‘‘Every morning, Also, in Time magazine, I must add, ple and the world to protect America’s when I see that, something just jumps Halliburton. So after all, now this e- interests. up from my stomach to my throat, and mail appears because the cream will Mr. RYAN of Ohio. Mr. Speaker, one I remember that they always notify rise to the top, or the truth will, that of the things I think we need to add on the next of kin before they make a re- Vice President DICK CHENEY did have to what my colleague just said, as we lease of the names. And that gives me something to do with the no-bid con- welcome our good friend from the great relief for a moment. But until I see tract and Halliburton. It is not the State of Alabama here with us, is that those names, I always have the lin- gentleman from Florida (Mr. MEEK) re- after 9/11, and we all have agreed that gering sense of dread.’’ port. Check out Time magazine, and 9/11 was an intelligence failure. Every- That is what she said to me. Mind here it is in black and white, an unclas- one has agreed on that, regardless of you, that was a year ago. That was be- sified letter that was sent to the high- party. So if you are in a position of fore what has happened in April, it was est levels. power where you are about to go to war before what has happened in May of Secretary Paul Wolfowitz said, one of and you know that your intelligence this year, it was before Fallujah, it was his superiors said it is fine, go ahead, apparatus has just failed the country before another 300 some Americans had move on it, it is being coordinated by completely, you would think that you lost their lives. That woman still gets the Vice President’s office. would ask a million more questions. up every morning, and I suspect if I ran Let me share something with you. Not a hundred thousand, a million. And into her tomorrow it would be the This is not small stuff. It is huge. The you would think you would be shaking same conversation.

VerDate May 21 2004 01:50 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.116 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3771 When you talk about Alabama, when ters of state at all. But I do know that So I think as we move deeper into you talk about one of the conservative she wanted a little bit of comfort, a lit- this election year, as we contemplate States in this country, there is a myth tle bit of solace, a little bit of under- the loss of life in Iraq, we all need to in this city that people have made up standing. find some way to appeal to the better their minds about the war. There is a There are so many families like that. angels in our nature and some way to myth in this city that people who live That is what they want from us. They be true to our spirit and our values. in the Alabamas of the world have want some sense that we empathize And if we do that, we will find our way made up their minds. Let me tell you, with their pain. home, literally and figuratively. We people in my State and I think people And we do. There is not a one of us will find our way to a policy that all around the south are searching for who sits in this institution who does works for our country, a policy that is some wisdom. They are searching for not 100 percent support the men and oriented in the best of our instincts. some guidance. They want enough hu- women who are fighting there. Because Mr. RYAN of Ohio. Mr. Speaker, I ap- mility from this city and from the in- at this point they are not fighting for preciate the comments of my col- stitutions of power in this city to rec- a policy. They are fighting for survival. league. ognize that we are struggling and we They do not pick up The New York The gentleman brought up General are trying to find our way. Times to see if Bush is up or KERRY is Eisenhower and spurred thoughts in These are not easy questions by any up. They are simply trying to stay my mind of the gentlemen of that day, stretch of the imagination. We know alive for a few more hours. And a lot of of the Churchills and the Roosevelts the basics. We know that we have a sig- them, by the way, are younger than we and the Eisenhowers and the larger- nificant investment of forces in a far- are. We are three of the youngest peo- than-life figures that participated in away land and that we are losing our ple in this institution. A lot of these the greatest conflict. You just cannot men and women. We know that we people are far younger than we are. help but to compare them to what the have made a commitment, and we So the terms pro-war and anti-war, behavior is today. However, it just can- know that we are not a country that what do they mean? We have questions not be compared. shirks from commitments once we in this country, and what we need right If we look at how Roosevelt handled make them. At the same time, we now is a little bit of candor, and what himself and when we look at how know that there are so many uncer- we need is a little bit of direction. We Churchill not only stood up and gave tainties. On June 30, there will be a have to get past this obsessive focus on his great Nation an enormous amount transfer of power. We do not know personalities. of confidence at a time when no one what that transfer of power will beget. I, like most of you this afternoon, thought England would be able to As I have told so many people who watched the news reports on George stand tall, the big contrast I can recog- live in my district, there should be no Tenet. I do not know the outgoing CIA nize with Churchill and President Bush expectation on July 1 that soldiers will Director. I do not know if you all do or is in the preparation that Churchill be drawn down, that large numbers of not, but I do not know him. This does gave and the leadership that London soldiers will leave. We do not know not seem to me to be about George gave their people before anything was what will happen if this new govern- Tenet. It did not seem to me to be happening. This is going to be a long ment of 33 people is attacked or falls about Condoleeza Rice when my fellow struggle, but in the end it will be our under siege in the next 6 months. We Alabaman testified before the 9/11 Com- finest hour. We are not going to sur- do not know what will happen if Iraq mission. It did not seem to me to be render. Churchill just kept saying, we has elections and they elect a govern- about even Don Rumsfeld when we saw are not going to surrender. If you take ment that is hostile to the United the excesses that happened at those it, you are going to take it by us being States and we are invited to leave. prison camps. It is about something knocked senseless onto the ground, was What would we do at that point? What larger: What kind of country are we? one of the great Churchill quotes. The are our interests at this point in Iraq? What kind of values do we have? And preparation. Or to put it more basically, under what how do we operate our institutions to In this country, I think it was the circumstances will we stay and under reflect those values? Those are ques- exact opposite. We are going to be what circumstances will we begin to tions that are deeper and more abiding greeted as liberators. It is going to be think about going? than anything that we are debating great. Do not worry. It will be a drive- Those are the questions that the peo- from day to day in the halls of public by war. We will use their oil. They are ple that you represent in south Florida opinion and in the halls of this Con- going to love us and hand us roses. and the people you represent in central gress. Yet when you look at the monu- Ohio and the people I represent in west So I would just say that what the mental figures of that era, who, like and central Alabama are wondering people need from the President of the the gentleman said, kind of raised about today. They are searching for a United States is enough humility to everybody’s eyes up and tried to put little bit of humility and a little bit of acknowledge that even the President the institutions in line with the values guidance. does not know all the answers. of the country, I really did not see that There are two labels that get tossed We are close to the 60th anniversary during this. around in this town a lot, pro-war and of Normandy, and I do not know how Mr. DAVIS of Alabama. And the dif- anti-war; and it strikes me that this, of many of my colleagues know the story ference is, if the gentleman will con- all conflicts, this, of all foreign policy of the letter General Eisenhower wrote. tinue to yield, Mr. Speaker, it strikes crises, may be a little too subtle for General Eisenhower, as he was contem- me that in the 1930s and the 1940s the those simple terms. plating sending thousands of young leaders of the world had a fair amount Like you two gentlemen, and almost men to their fate, wrote a letter that of confidence in the people that they all of our colleagues, I spent Monday was meant to address a failure, a fail- served. Winston Churchill and Franklin attending Memorial Day events. And ure that he personally might not have Roosevelt had a certain belief that the on Monday morning in Tuscaloosa, survived. And the letter said something people they served were capable of ris- Alabama, I had a chance to stand as to the effect that this is my responsi- ing to the occasion and that they close as I am to you right now in prox- bility alone. If there is an error that would respond to candor and common imity to the widow of a gentleman who has been made, it is my error. sense. died in Iraq. His whole family was That seems like more than 60 years there. And something occurred to me. ago. It seems like light years ago, b 1730 What do you say to a woman in that sometimes, in this town. Because as Sometimes in this television sound- circumstance? you two know very well, sometimes we bite era that we live in, we do not have She really did not want to hear from occupy a town where ‘‘I am sorry’’ is enough confidence in the people of our me about politics. She really did not the last thing people will say. ‘‘I am re- country. We have a mind-set that we want to hear about Bush or Rumsfeld sponsible’’ is the last thing people will cannot tell the people in our country or Tenet. I do not know if she wanted say. Or, at best, ‘‘I take responsibility’’ full information, and that we cannot to hear anything about policy or mat- is what you say and not what you do. let them know a commitment may be a

VerDate May 21 2004 01:50 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.117 H03PT1 H3772 CONGRESSIONAL RECORD — HOUSE June 3, 2004 long one because they may not have us on this side of the aisle, that we did to them, the gentleman mentioned the faith. We cannot let them know the everything that we could to give the deficit, and I am going to say we had money is going to be three times what facts as we see them printed in docu- this credit card made up. This is the we say it is because they may not have ments. U.S. Treasury credit card, Republican faith. We cannot let them know all of A Pentagon report recently released Congress. That is a big number, $477 these uncertainties because we fear said 25 percent-plus lives could have billion. That is a lot of money. That is they may not have faith. been saved if we had the right equip- an awful lot of money. And we look at, I have spent a fair amount of time in ment at the right time. hopefully, the expiration date is good my life trying cases before juries, and I Mr. DAVIS of Alabama. Mr. Speaker, through 11/04 so we can get a new ma- have won them and I have lost them; that sparks another thought I had jority in here to be able to do some- but I can confidently tell Members that which I think is worth noting. There thing truly about the deficit. I appre- every jury that I have ever appeared in was another principle that those lead- ciate the gentleman’s work on that front of I felt did the right thing in ers had, and it was the principle of sac- committee and on the Committee on terms of what the facts were, whether rifice. They had the moral authority the Budget to talk about true fiscal re- it was what I advocated or not. I have and the willingness to say to this coun- sponsibility. And I will say it is impor- that same kind of faith in the Amer- try this cause is so mighty, we have to tant on the Committee on Armed Serv- ican people, that if we tell the Amer- sacrifice. ices, on behalf of troops and what the ican people the facts, I have confidence Contrast that with about a year ago. gentleman from Alabama (Mr. DAVIS) in our ability to apply those facts to We were here when all three of us very has just shared with us, families, we policy and to apply our values to those strongly felt if we were going to con- watch the news without even worrying policies; and maybe we need more of a tinue to have to pay the cost of the war about a family member, will their sense of confidence. Maybe if the ad- in Iraq and have to bear that burden, name scroll across the screen. Will ministration had had more confidence maybe it was time to suspend the tax they become a picture in the wall in in the quality of our people, we would cut for just the top 1 percent of Ameri- the backdrop of a newscast. We have that privilege of not worrying, but we have had a clearer, more accurate path cans, or maybe just for people earning have individuals not based on the troop painted on where we are going in Iraq. more than $1 million, and pay for the We all know from the work both of war and occupation with that money. decisions, and many of the individuals on the ground, but the decisions that you do, we know there is a reason why Now that is sacrifice. It is propor- are made right here in Washington, certain facts were not emphasized. tionate sacrifice. It is going to those D.C. that are endangering the lives of What was the old saying from the most able to bear it instead of those least able to bear it, and you are say- American troops. movie, you cannot handle the truth, a We are going to support them, and we ing that our cause is so strong and movie back in the 1990s, there was a want to make sure that they have the feeling and fear that maybe the people righteous we are going to come to the equipment that they need to have; but just could not handle the truth. I do American people and ask them to forgo if we do not do our job here in this Con- not know about other Members, but I something. It would have meant some- gress in giving voice to the voices, giv- think they can. thing a year ago if the President had ing voice to that Reservist and that Mr. MEEK of Florida. Mr. Speaker, it done that. If the President had come to family that the gentleman from Ala- is always a pleasure hearing the gen- the body and said, I care so deeply bama (Mr. DAVIS) talked about where tleman from Alabama (Mr. DAVIS) and about this cause, I am willing to aban- the father could not see the graduation what the gentleman brings to the table don one of my own programs, I am will- of his own daughter, but he is fighting as it relates to philosophy and history. ing to walk away from this tax cut for for the very freedom she is celebrating Part of our democracy is making sure people earning a million dollars a year right now. we level with the American people, the or more, not because I want to, but be- Do Members know why the President good, bad and ugly. They need to know cause this is a time of sacrifice. would not say, I am going to sacrifice because they need to be able to prepare That kind of inspiration I think one of my own programs? Because, themselves. would have moved this country and guess what, he is never wrong. I am The President recently asked Ameri- would have produced an overwhelming sorry to say it, he is never wrong. He cans to make the sacrifice that they response from people on both sides of never says, hey, I am wrong. The only made in World War II, make the sac- the aisle. But somehow we have en- thing he says, and we need to watch rifice that they made in World War I tered a zone where we talk the lan- this word, and I need the gentleman and other conflicts, some of the great guage of sacrifice at Memorial Day from Ohio (Mr. RYAN) to share some of wars that have taken place; but it was events and events around the country, the things we discussed earlier, but a different approach to those wars. We and we will talk the language again on when we hear that somebody is doing a planned; we made sure that individuals the Normandy anniversary on June 6; superb job, watch out. had equipment. We made sure that we we talk the language of sacrifice, but The President today said, George had a strategy going in and coming we run from the substance of sacrifice. Tenet, and I must say after the Presi- out. Mr. MEEK of Florida. Mr. Speaker, I dent stood up here in the well and said There was a Senator from Missouri, a just want to make sure, because I was we believe that Iraq has received the junior Senator during World War II. on the floor last night with the gen- necessary materials they need to make His name was Harry S Truman. He had tleman from Maryland (Mr. CUMMINGS) a nuclear weapon, and then once we a select committee that was dealing and the Congressional Black Caucus, found out that was inaccurate informa- with contracting, dealing with the and I shared that I was at the World tion, he was prepared to throw George needs of World War II at that par- War II memorial with my mother and Tenet under the bus, and now he said ticular time; and he did what he had to uncle, who is a Korean War veteran. he has done a superb job. That sounds do during a time of war. During the They asked for all of the veterans to like the same thing he said about his time of World War II, they had a num- stand up. A number of them stood up. Secretary of Defense. It is not a per- ber of hearings to make sure that the Those individuals that could not stand sonal thing, but it is an issue of deci- troops had what they needed and they up, they put their hands up. I could not sions. Especially when you are ap- were able to respond real-time to issues help but think ‘‘America the Beau- pointed and not elected, you have to that were coming up during that war. tiful’’ playing in the background, make the decision if the leader does For us to say, well, we do not have planes flying over, what was going to not take the prerogative to make the time to do that, we should not question be their reality on Tuesday, when they right decision and say, you know some- the Pentagon about things that they go to the VA to try to receive services, thing, thank you for your service. In an are doing, we are muzzled as a Con- the reality of calling for help and hav- honorable way, we will give you a gold gress. Not to clear my conscience, not ing to wait 6 months to see an eye doc- watch and we appreciate your service. to say this needs to be said, but when tor. But he is saying nothing at all. That is the annals of history are reflected When we start looking at how we what inflames insurgence on American upon, I want to make sure that those of treat our veterans and how we respond troops.

VerDate May 21 2004 01:50 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.119 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3773 I will leave it at that. people, parents who paid for vests for refer to other Members in debate only Mr. DAVIS of Alabama. Mr. Speaker, their kids. I mean, you have to be kid- in the third person, by State designa- there is another historical point worth ding me. We had to reimburse parents tion. making. None of us were here, we were that paid for their protective vests for f all too young, but we have all read soldiers in Iraq. APPOINTMENT OF HON. FRANK R. about the Bay of Pigs in 1961 in Cuba. The general that testified about the WOLF TO ACT AS SPEAKER PRO For some of the younger people listen- prison abuse said that there were a TEMPORE TO SIGN ENROLLED ing that do not know what the Bay of couple of problems, major problems. BILLS AND JOINT RESOLUTIONS Pigs was, it was a failed effort to in- One, lack of training. One, lack of su- THROUGH JUNE 8, 2004 vade Cuba back in 1961. Lives were lost, pervision. To me, after almost 2 years and it was seen as a dismal policy mis- on the Committee on Armed Services The SPEAKER pro tempore laid be- take. John Kennedy had every reason and a layman, civilian, lack of training fore the House the following commu- politically to say this was a plan con- and lack of supervision to me means we nication: ceived by the previous President. He do not have enough troops there. If you HOUSE OF REPRESENTATIVES, had every reason to say that this was are not training them properly, you do Washington, DC, June 3, 2004. I hereby appoint the Honorable FRANK R. something my CIA director foisted on not have enough people to train; and if WOLF to act as Speaker pro tempore to sign me, this was something I did not want you are not supervising them properly, enrolled bills and joint resolutions through to do, and the military pushed it down you do not have enough people to su- June 8, 2004. my throat. He could have fired a num- pervise. I think that is basic common J. DENNIS HASTERT, ber of people. sense to say this group has not pre- Speaker of the House of Representatives. President Kennedy said something pared us for this war. The SPEAKER pro tempore. Without that is worth repeating. He said, ‘‘I am One other thing I would like to say objection, the appointment is ap- the responsible officer of the govern- because some young people are prob- proved. ment. Defeat is an orphan, victory has ably sitting at home listening to this, There was no objection. a thousand fathers.’’ That rings across remember as soon as President Clinton f the last 43 years. Defeat is always an got in office, there were always inves- THE CASE FOR A SPECIAL orphan. It is something that happened. tigations, investigating this, RELATIONSHIP WITH CHINA I did not do it; it happened. It is always Travelgate, Nannygate, this gate and something that no one wants to claim. that gate. They were always inves- The SPEAKER pro tempore. Under Whereas victory, everyone wants to tigating the man. Why? The House and the Speaker’s announced policy of Jan- share in that and say, I did my part, the Senate were Republican. The White uary 7, 2003, the gentleman from Illi- you did your part. House was Democrat. We are now in a nois (Mr. KIRK) is recognized for 60 We come back again to the same one-party rule system. The House is minutes. Mr. KIRK. Mr. Speaker, ‘‘China is a place. What I think so many of our peo- controlled by the Republicans, the Sen- sleeping giant. Let her lie and sleep, ple want is enough humility from up ate is controlled by the Republicans, high, enough humility from the throne for when she awakens, she will aston- the White House is controlled by Re- ish the world,’’ wrote Napoleon Bona- that we can conceive the possibility of publicans. I am not saying that they error. parte. I would like to title this speech are always wrong, and I am not saying ‘‘The Case for a Special Relationship World War II is a wonderful analogy. that we are always right. All I am say- We got some things wrong in World With China.’’ ing is when there is one-party rule, we Great nations almost always miss War II. The greatest President of all cannot subpoena people out of this important changes outside their world. time, in my opinion, Franklin Roo- House because the gentleman from Such errors threaten their future in sevelt, signed the order that led to the California (Mr. WAXMAN) from the ways they never dreamed. History also internment of Japanese Americans. A Committee on Government Reform is has examples of leaders who saw chal- Supreme Court that consisted of some not the chairman of the committee. lenges early and responded well. of the finest jurists we have ever had b 1745 The leaders of Great Britain’s late approved that internment of Japanese empire entirely missed the rise of the Americans. We all know that was per- If he was the Chair of the committee, United States. Britain suffered years of fectly wrong now. we could subpoena some of these people combat in World Wars I and II before If men as great as Franklin Roo- who wear the suits and bring them be- their American allies joined the fight. sevelt and Robert Jackson and Hugo fore committees in the House and have During both wars, the British Empire Black could be that wrong, maybe it them sit and tell us what happened and teetered in the balance. Conversely, should occur to us today that some of why and make sure we are starting to President Truman wisely perceived his the individuals who sit in circles in hold people responsible for their ac- challenge in the Soviet Union and re- power today could be wrong. Again, tions. sponded well. His actions contributed there is a lesson about humility to be That is just what I want to say to the mightily to the winning of the Cold learned there. American people, is you cannot have War. Mr. RYAN of Ohio. Mr. Speaker, I one party rule the whole government. In the 19th century, not everyone was just enjoying listening to the gen- It is unhealthy for the institutions; it missed the rise of the United States. As tlemen talk. I want to clean up a cou- is unhealthy for the country. early as 1835, Alexander de Tocqueville ple of things that were mentioned. The There is no balance right now. There saw in the future clearly when he gentleman from Florida (Mr. MEEK) is no one overseeing what is going on. wrote, ‘‘Americans are already able to mentioned that now we want to make We get fed a line from somebody like make their flag respected. In a few sure that our soldiers have the equip- this, and no one can stand up and ques- years, they will be able to make it ment that they need, we want to make tion it. That is not a good way to run feared.’’ sure that the vehicles are up-armored your country. This country was found- Looking from Westminster across the and they have the vests and the plates ed on all the different aspects, the Thames River in 1870, the British Em- to go into the vests and everything branches and everything else, in order pire’s leaders did not share de else. to bring some balance to these institu- Tocqueville’s view. It was an easy mis- We have gotten so caught up in the tions we have. take for them to make. Queen Victoria fact that we want to get it to them, we f presided over the largest economic forget to ask, you are telling me we block on Earth. In the glare of an em- ANNOUNCEMENT BY THE SPEAKER went to war and we did not have our pire where the sun never set, her min- PRO TEMPORE troops properly equipped? Lack of prep- isters largely ignored the significance aration. The SPEAKER pro tempore (Mr. of their American cousins. In the Defense appropriations bill FEENEY). Members are reminded to ad- Well-schooled leaders of the Foreign that we just passed out of the House, dress their remarks to the Chair and and Commonwealth Office were dis- we reimbursed parents or whoever for not to the television audience, and to tracted by a number of small wars at

VerDate May 21 2004 01:50 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.120 H03PT1 H3774 CONGRESSIONAL RECORD — HOUSE June 3, 2004 the fringe of their empire, Abyssinia, his short-term military defense of proportions. It is very difficult for South Africa, Egypt and Sudan, to South Korea with a long-term set of many Americans today to understand name a few. In 1868, The Illustrated new institutions: the Marshall Plan, the breadth and scope of this historic London News warned, ‘‘We can ill af- the Central Intelligence Agency, the change. ford a perpetual succession of little North Atlantic Treaty Organization, When we accurately look at today’s wars,’’ but few took notice. European the World Bank, the Strategic Air China, we note it produces more steel continental leaders were equally un- Command, the United Nations and the than the United States, consumes aware of the American change that was Voice of America, to name a few. twice the grain of the United States, under way in their century. German After four decades of struggle, the has built highways twice the length of Chancellor Bismarck discounted the East abandoned the Berlin Wall. In the Germany and France combined, grad- United States when he wrote, ‘‘There is heady days after communism’s fall, uates three times the number of engi- a providence that protects fools, many felt the U.S. stood unopposed at neers as India, and is home to over 200 drunkards, children and the United the dawn of a new Pax Americana. million cable TV subscribers. It re- States of America.’’ Francis Fujiyama asked in the Wash- placed Mexico as America’s number After only one single Victorian gen- ington Post, ‘‘is this the end of his- two trading partner, and it replaced eration, America’s economy grew to be tory?’’ America as Japan’s number one trad- twice the size of Britain’s. By 1900, History hardly ended, but the idea of ing partner. There are 200 cities with many of the British Empire’s leaders American supremacy is now strong. populations over 1 million, and the dimly perceived the threat from Ger- America’s Armed Forces won stunning economy doubles every 8 years. We now many but remained unaware of how victories: 1991 in Kuwait, 1995 in Bos- estimate that its economy will be larg- their world had changed across the At- nia, 1999 in Kosovo and 2003 in Iraq. er than the United States in the next lantic. It was hard for many leaders to Who can challenge America? decade. take America seriously when Belgium’s Despite our ascendency, we must ask China is not only growing year to Armed Forces outnumbered the U.S. the question, is there a major change year, it has sustained a growth rate of Army. in the world for which the U.S. should over 9 percent annually for a genera- As a result of their ignorance, Eng- prepare? As Truman did in the 1940s, tion. Given the difference in price of land’s leaders entered the First World should the United States create insti- many domestic goods in China, econo- War without the backing of the Amer- tutions that respond to this change? mists now debate how to measure the ican arsenal. In 3 short years, from 1914 The American view of foreign policy size of the Chinese economy, using a to 1917, they exhausted the wealth of has more to do with our European past the empire. Finally, America joined traditional gross domestic product or a than our Asian present. By a two-to- more up-to-date purchasing power par- the allies of World War I, but only on one margin, Americans believe that President Wilson’s terms. It took Brit- ity to take into account the lower cost our policy towards Europe is more im- of Chinese domestic goods. ish leaders two generations of conflict portant than Asia, but our trade with to understand how important America Either way, the effect of China’s sus- Asia surpassed Europe a generation tained growth has profound propor- had become to them. ago. Today, American trade with Asia Today, London’s policy towards the tions. Under a GDP measurement, the totals 50 percent more than our trade United States is rightfully called the United States economy now stands at with Europe. The U.S. State Depart- ‘‘special relationship.’’ Are there $11 trillion, whereas China’s economy ment has just 579 full-time Americans changes under way which call for stands at only $1.5 trillion; but using stationed in Asia, compared to over American attention? Could the leaders purchasing power parities, our $11 tril- 1,300 in Europe and the countries of the of America’s foreign policy make a lion economy stands next to China’s $7 former Soviet Union. Asian economies similar mistake? In our vision of Amer- trillion economy. ica’s future, are there any countries de- are both larger and growing faster than Using purchasing power measure- serving another special relationship? Europe. Beyond the Asian Tigers of ments, the International Monetary Our history is filled with examples of South Korea, Taiwan, Hong Kong and Fund projects China will be home to countries where economic growth rap- Singapore, the growth rates of China the world’s largest economy as early as idly turned into political and military and India clearly show that most of our 2007, during the next American Presi- power. The rise of Japan, Germany and history in the 21st century will be writ- dent’s administration. Koishi Ishiyama even some Gulf states show that eco- ten in Asia. recently wrote that China’s rise can be nomic expansion has an inevitable po- One country looms large across the compared to the Shock and Awe oper- litical and military impact. For the future of the United States, China. Chi- ation in Iraq. United States to be effective in foreign na’s absence from the first rank of Foreign direct investment did not policy, the President needs advisers world powers is a historical anomaly. significantly exist in China before 1980, who see the world not just as it is but Throughout recorded history, the Chi- and while such investment in all other as it will become. When the White nese people were responsible for many developing countries fell in 2002, it rose House advisers fail to outline strategic of the advances of modern society: by 15 percent in China, netting $52 bil- change, they doom our President to paper, gunpowder, even spaghetti. lion in new investments. using short-term expedience to cope Seventy years before Columbus, Chi- The pace of China’s growth is also ac- with a long-term threat. na’s famous explorer, Admiral Cheng celerating. In the next 10 years, the With a clear strategic view, the ad- Ho, mapped much of the Arab world City of Beijing will double its supply of visers of President Truman served our from a ship that was twice the size of housing. The Chinese highway system country well. Writing his famous long the Santa Maria. But for the Emperor’s and the number of cable TV subscribers telegram from the rubble of 1946 Mos- decision to recall the fleet, China will also double in size. While this cow, U.S. Foreign Service Officer would have discovered Europe, not the change is dimly seen in official Wash- George Kennan correctly outlined the other way around. ington, it is having a profound effect emerging threat from the Soviet As recently as the 1830s, China pro- on the Chinese people. Union. By removing President Roo- duced one-third of the Earth’s wealth. China’s hosting of the 2008 Olympic sevelt’s friendly ‘‘Uncle Joe’’ veneer Most of her advances and talent were games will be one of many upcoming from Stalin, George Kennan warned his squandered by corrupt governments, international events in China. China President clearly about the coming wars and a Chinese dictatorship. De- last year became the third country on Cold War. The Soviet Union, in his spite a massive population and storied Earth to orbit a human in one of its view, was becoming a colossus, de- culture, China declined into socialist own space vehicles. manding more than short-term Amer- poverty. Under Mao, the Chinese people ican expedience. The struggle between lost two generations of progress and b 1800 East and West could only be won with were home to the worst famine of the Next year, China plans to orbit a a strategic plan by the West. 20th century. But following Mao two-man vehicle, the Shenzhou VI, on Truman’s answer to the challenge of Zedong’s death, Deng Xiaoping led a its way to building its own space sta- the Cold War was massive. He backed Chinese economic reform of historic tion and lunar rover.

VerDate May 21 2004 02:34 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.125 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3775 China’s progress can be overstated. China. Many European powers dis- complete U.S. victories, Chinese lead- Over 200 million Chinese still live on counted turn-of the-century America ers tempered their sense of vulner- less than $1 a day. There is a great gap and its puny Armed Forces. Many ability, knowing that unlike Kosovo, now opening between the poorer west- Americans likewise dismissed the capa- China is a nuclear power. Its 2002 de- ern provinces of China and the new- bilities of the People’s Liberation fense White Paper, in contrast to its found wealth of China’s east coast. En- Army and its potential to change the 2000 White Paper, did not explicitly vironmental challenges also loom, in- course of Asian history. By China’s criticize U.S. deployments in Asia. cluding over 100 of China’s cities with own plan, military modernization The main mission of the Chinese air pollution exceeding the World ranks fourth in their list of four mod- military is to fight and win a conflict Health Organization’s guidelines for ernizations. over Taiwan. In March 2002, Chinese Fi- sulfur dioxide. Following the recent victories of nance Minister Xiang Huaicheng an- The World Bank’s World Develop- America’s Armed Forces, the raw size nounced a 17.5 percent increase in its ment Report still ranks China at num- of a country’s army is no longer evi- official defense spending. While China ber 76 out of 129 countries measured for dence of its future prowess in battle. reports an official defense budget of ap- personal income; and despite progress, The People’s Liberation Army, num- proximately $20 billion, its actual the World Bank estimates that Chinese bering 2.4 million, still stands as the spending ranges to twice or three times per capita income totals just $1,000 per world’s largest; but it looks anachro- that level, totaling $45 billion to $67 year. nistic and unable to enforce the will of billion annually. The Department of Such low numbers, though, hide pro- China’s leaders very far from its bor- Defense and the Council on Foreign Re- found progress. Between 1978 and 1998, ders. lations both estimate that annual the World Bank estimates the number A Council on Foreign Relations Task spending in real terms could increase of poor people in the world fell by 8 Force under former Secretary of De- three to four-fold over the levels I just million. The number of people who fense Harold Brown estimated last year quoted by 2020. Most defense mod- were poor outside China actually rose that China was ‘‘at least 2 decades be- ernization spending occurs outside the by 82 million. But the world’s total hind the United States in terms of public defense budget. numbers were compensated by the pro- military technology and capability.’’ Chinese military spending in this found reduction in Chinese poverty. According to the Pentagon, Chinese range roughly equals the $65 billion From 1978 to 1999, Chinese adult illit- military leaders closely studied spent by Russia and dramatically ex- eracy fell from 37 percent to 17 percent, NATO’s operation over Kosovo and de- ceeds the $43 billion Japanese defense while infant mortality dropped from 41 scribed it as the first ‘‘no-contact’’ budget or the $38 billion British mili- per live births in 1978 to 30 in 1999. war. tary budget. A three-fold increase in Changes in China had an impact on In the post-Cold War world, Deng spending by China would put their Americans as well. Motorola now em- Xiaoping gave a key directive to the military budget above all other na- ploys over 10,000 people in China and Chinese security establishment based tions, except the United States. owns the country’s best-recognized on his ‘‘24-character strategy’’ and that China’s rising military budget masks trademark. By last year, over 1,500 U.S. was, ‘‘keep cool-headed to observe. Be a structural problem in its military. firms invested $25 billion in China. One composed to make reactions. Stand Since large armies no longer guarantee U.S. corporate executive advised the firmly. Hide our capabilities. Bide our success, China has cut the size of her Congress that his top three issues in time. Never try to take the lead, and armed forces from 1997 to 2000 by reduc- Washington were China, China, and be able to accomplish something.’’ ing 500,000 men, including 11 percent of China. While seeking short-term opportuni- her naval personnel, 12 percent of her The story of Wal-Mart shows the pro- ties with the United States, the Pen- air force personnel, and 18 percent of found change that is under way both in tagon reported, ‘‘China’s leaders assert her army personnel. Sixty of 100 ma- China and in the United States. Unlike the United States seeks to maintain a neuver divisions were collapsed into traditional retailers such as Sears Roe- dominant strategic position while con- the remaining structure of 40 divisions buck or J.C. Penney, Sam Walton rec- taining the growth of Chinese power, and 40 brigades. The air force retired ognized the importance of China and ultimately dividing and Westernizing older aircraft, dropping from over 5,000 the advantage of its lower-cost mer- China.’’ aircraft at the end of the 1990s to 3,500 chandise. Relying heavily on Chinese Much of China’s military budget and now. Of the remaining aircraft, only suppliers, Wal-Mart grew to become plans were influenced by scenes of con- 150 are modern fourth-generation fight- America’s largest employer. Selling in flict in the Balkans and Iraq played out ers. China still regards its military as nearly every town in America, Wal- on televisions tuned to the 24-hour too ‘‘infantry-heavy’’ with an army so Mart doubled its purchases of Chinese news channels. After the U.S. victory large as to ‘‘impede rapid deployment goods to $12 billion per year. And last in Kosovo, China’s leaders seriously and equipment modernization.’’ year, Wal-Mart sold 10 percent of ev- considered upgrading the fourth- By reducing the size of the armed erything that China made. In many ranked priority they attach to their forces, China provided funding dedi- ways, the face of all-American Wal- military. The army developed a new re- cated to military modernization. The Mart is really the face of China, Incor- sponse doctrine called the ‘‘Three At- air force is adding advanced SU–30MKK porated. tack and Three Defenses,’’ focusing on fourth-generation fighter aircraft, AA– There are many examples of how Chi- attacking stealth aircraft, cruise mis- 12/ADDER active-radar guided air-to- na’s transformation influenced Amer- siles and helicopters, while defending air missiles, and a new SU–30 naval ica’s private sector. Like British mer- against precision strikes, electronic variant capable of carrying air- chant bankers who understood Amer- warfare, and enemy reconnaissance. launched, anti-shipping cruise missiles. ica’s rise and bankrolled the Union Pa- Chinese Air Force chief of staff Lieu- The Navy added four SOVREMENNYY- cific Railroad, companies like Boeing, tenant General Zheng Shenxia noted class guided missile destroyers and pro- General Electric, Baker MacKenzie, that without adopting a preemptive duced its own new design SONG-class and hundreds of other U.S. private sec- doctrine, the chances of a PLA victory diesel-electric submarines, the first tor interests understand what is hap- are limited. with quieter skewed propellers. It took pening and are risking a great deal to In November 2002, China overhauled delivery of four quiet KILO-class die- capitalize on the opportunities pre- its Politburo Standing Committee, the sel-electric submarines and has an- sented by the rise of China. center of the Chinese Government deci- other eight submarines under contract, But this understanding is not well sion-making. Every member of the po- all equipped with a new 3M–54E understood by America’s government. litburo was replaced except Hu Jintao. Novator Alpha anti-shipping cruise Like their British Government fore- Following this shakeup, senior leaders missile. Given the sum of investment fathers that missed America’s rise, reaffirmed their emphasis on economic and rapid modernization, China did there is little evidence that the Fed- growth, but did increase funding for forgo one important upgrade, and her eral Government perceives or is mov- military modernization. Acknowl- navy has now shelved plans for its own ing to realign the world to the rise of edging its weakness in the face of such aircraft carrier.

VerDate May 21 2004 01:50 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.127 H03PT1 H3776 CONGRESSIONAL RECORD — HOUSE June 3, 2004 The pace of development accelerated tem of systems approaches popular in of the U.S. Government in China. The for China’s army. The land forces are the United States.’’ Beyond China 2000 Action Plan cut 55 developing a light tank, an amphibious b 1815 people from permanent U.S. Govern- tank, and an amphibious-armored per- ment desks in China. The State De- sonnel carrier, all added to over 1,500 There have been several official ref- partment’s Bureau of East Asian and type-96 main battle tanks that are al- erences about leveraging China’s grow- Pacific Affairs noted the decision re- ready delivered. This kind of new ing presence on the Internet, including flected, quote, hard-nosed decisions, equipment is now flowing to China’s re- references to a ‘‘people’s war’’ in ‘‘net unquote. Congress recently ordered the vamped three airborne and two marine warfare’’, suggesting a stronger role in State Department to review the future nationalist hacking. brigades. needs of the U.S. Government in China China also has a commitment to elec- The Ministry of Defense now empha- by 2010. In its February report, it is dif- tronic warfare equaled only by the sizes recruitment, retention, and more United States. Unlike many countries ficult to see what measures the State training for officers and key NCOs. now totally dependent on U.S. leader- Department used to justify reducing Training now emphasizes small-scale ship in this exotic field, China is devel- the size of the U.S. Government in specialized maneuvers under the new oping electronic jamming aircraft for China. doctrine of fighting a limited war In 1975, the new U.S. liaison officer in several variants and may have several under high-tech conditions. All infan- Beijing under Ambassador George Her- programs to develop escort jammers on try divisions now have armor, up from bert Walker Bush, who later became transports, tactical aircraft and un- only half in 1997. president, processed 651 non-immigrant manned aerial vehicle platforms. It has Since 1989, China has been cut off equipped the Su-30 with anti-radiation visas to the United States. In 2003, U.S. from most U.S. and European military missiles that work on the same prin- consular officers handled 320,000 such technology. Its defense establishment ciple of U.S. weapons that were so cru- applications. From a handful, the num- cannot innovate as fast as it could if it cial to our own victories. China’s anti- ber of Chinese students rose to over had access to foreign equipment. Chi- radiation missile, the FT–2000, is de- 60,000 in the U.S. last year. na’s leaders responded with a foreign Only 38 Americans registered with scribed in their sales brochures as an policy emphasizing cooperation and the Beijing liaison office in 1975. ‘‘AWACS killer.’’ The PLA is also pro- good relations with the United States. Today, over 3,600 Americans are reg- ducing state-of-the-art technology to Over time, such a strategy could re- improve intercept, direction finding istered in addition to over 1 million open their access to key Western tech- and jamming. It may also be producing American tourists visiting China each nologies, even in the military field. jammers for use against America’s year. The State Department admitted The transformation of China’s new most successful weapon, the satellite- to Congress noting that staffing in the military power is clearest in its missile guided JDAM munition that so accu- U.S. embassy in Beijing and the Con- force. China maintains a limited force, rately uses the U.S. Global Positioning sulates General is currently inadequate including 20 nuclear missiles capable of System. to the growing workload. hitting targets in the United States. A Their efforts also include producing The workload of the U.S. Govern- number of U.S. Government agencies laser weapons, such as the man-port- ment in China is growing for other rea- project that this rise in the missile able ZM–87, advertised for blinding sons. In 2001 alone, China joined the force will lift by a factor of three to human vision and electro-optical sen- international coalition against ter- over 60 missiles capable of striking the sors, radio-frequency weapons and pos- rorism, the World Trade Organization, United States, using the new CSS–4 sibly a ground-based anti-satellite hosted the Asian-Pacific Economic Mod 2 ICBM. This Chinese force will be weapon. They have also invested con- Conference, and won the bidding of the augmented by the brand-new solid-fuel siderably in developing short- and me- 2008 Olympic games. These issues came DF–31 ICBM and an entirely new gen- dium-range unmanned aerial vehicles, in addition to key concerns regarding eration of Chinese nuclear submarines, including an unmanned combat aerial nuclear nonproliferation, human the 094-class, carrying a naval variant vehicle. rights, intellectual property, and reli- of the DF–31. China is also developing According to the Chinese military gious freedom. two other classes of solid-fuel inter- publication Junshi Wenzhai, China has The State Department projects that continental ballistic missiles. It is also already produced an ‘‘Assassin’s Mace’’ the number of U.S. Government agen- developing a heavy-lift space launch or trump card to counter U.S. superi- cies wishing to station personnel per- vehicle, capable of lifting 25 tons into ority in the Western Pacific. One arti- manently in China will rise from 12 low orbit by 2007. cle identifies five major, quote, Assas- agencies to over 20 by 2010. Several These developments pale when com- sin’s Maces, unquote, including fighter agencies, including the Bureau of Alco- pared to China’s expanding arsenal of bombers, submarines, anti-ship mis- hol, Tobacco and Firearms, developed medium-range missiles all aimed at siles, torpedoes and mines designed to but then halted plans to deploy in Taiwan. China currently has a force of destroy foreign aircraft carriers. These China. The United States broke new 450 such missiles and is adding 75 each systems would be backed by new re- ground on a new embassy complex last year. Beyond large nuclear additions to search by China on other technologies, February. With the new embassy, the China’s armed forces, China places a including kinetic energy and low-ob- State Department plans only a modest very high priority on information war- servable platforms. increase in official Americans sta- fare. The PLA believes that the U.S. This research can be accelerated by tioned in China from 960 to 1,200. Department of Defense is too depend- acquiring foreign technologies such as Plans to expand America’s eyes and ent on networks that are vulnerable to the recent activities of two Chinese ears in China do not depend only on the attack. By attacking these systems, students at universities collecting in- size of our embassy in Beijing. They planners in China’s army believe the formation on Terfenol-D, an invention also depend on increasing the number U.S. forces could be degraded ‘‘anony- of the U.S. Department of Energy’s of Americans in the diplomatic service mously.’’ Ames laboratory. who can master a very difficult lan- The anonymity of information at- These developments show that Chi- guage. In 2000, the State Department tacks could play a key role even now. na’s growing economic power may al- launched its China 2000 Initiative. The The House of Representatives recently ready be translating into military mission of the Initiative was to develop reported regular attempts by computer power. It is clear that most large infrastructure to meet the projected systems located in China to enter the American companies already perceive physical and human needs, including main computer server of the House the size and importance of China. What language. This Initiative is very small, Committee on Armed Services. The is not clear is if the U.S. Government modestly increasing the number of Chi- Pentagon may have referred to this has made a similar intellectual leap to nese students in the State Department when it recently reported that China understand the new geography of the annually from only five to only 15. The ‘‘places unusual emphasis on a host of 21st century. Initiative also includes some advanced new information warfare forces instead In 2002, the U.S. State Department training for just five students in Bei- of information superiority and the sys- conducted a major study of the needs jing and a mail program for lessons to

VerDate May 21 2004 01:50 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.128 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3777 only 30 other students to maintain Chi- us hope that the new American dip- table and, under the rule, referred as nese language proficiency. lomats of the 21st century understand follows: Such efforts appear grossly inad- how quickly the post Cold War world S. 1721. An act to amend the Indian Land equate compared to China’s central has changed. Consolidation Act to improve provisions re- role in the 21st century. With the larg- Our President Truman set the record lating to probate of trust and restricted est trade surplus, the largest economy, of his time for being an unpopular land, and for other purposes, to the Com- the largest military budget outside the president. In 1946, he stood at just 32 mittee on Resources. United States, China deserves a special percent in the polls. Thankfully, he f relationship with the United States. steeled his heart and made the tough SENATE ENROLLED BILL SIGNED In November, 2002, a task force under decisions needed to design a successful Japan’s Prime Minister Koizumi re- campaign through the Cold War The SPEAKER announced his signa- leased their report designating China against the Soviet Union. America and ture to an enrolled bill of the Senate of as Japan’s top foreign policy priority freedom won the Cold War without the following title: for the future. The decision makes fighting World War III. S.J. Res. 28. A joint resolution recognizing sense for Japan but, given China’s When we look towards the 21st cen- the 60th anniversary of the Allied landing at growth, its position on the U.N. Secu- tury and China’s coming role in its his- Normandy during World War II. rity Council, and the future size of its tory, will our leaders lay the founda- f economy, it may make sense for the tion for America’s diplomatic success? United States to do this as well. I ask that question to the House to- ADJOURNMENT Our country has been the home of the night. Mr. KIRK. Mr. Speaker, I move that world’s largest economy for 130 years, And I thank Reed Bundy of my staff the House do now adjourn. but that is about to change; and this for helping me prepare these remarks. The motion was agreed to; accord- change will be one of the most pro- f ingly (at 6 o’clock and 28 minutes found shifts of the new century. There p.m.), under its previous order, the was a time early in the history of the LEAVE OF ABSENCE House adjourned until tomorrow, Fri- United States when our national in- By unanimous consent, leave of ab- day, June 4, 2004, at 12 p.m. sence was granted to: come was not at the top of the inter- f national heap. Today, under our Pax Mr. CAPUANO (at the request of Ms. Americana, it may be difficult for us to PELOSI) for today on account of a fam- OATH OF OFFICE—MEMBERS, reconnect with our forefathers and ily medical reason. RESIDENT COMMISSIONER, AND mothers who were forced to depend Mr. BURTON of Indiana (at the re- DELEGATES only on diplomacy in the face of very quest of Mr. DELAY) for today on ac- The oath of office required by the long odds. count of a family emergency. sixth article of the Constitution of the Avidly, we retell parts of U.S. his- f United States, and as provided by sec- tory, the Revolution, the Civil War, SPECIAL ORDERS GRANTED tion 2 of the act of May 13, 1884 (23 and the victories of World War I and II, Stat. 22), to be administered to Mem- By unanimous consent, permission to all to stoke American pride; and these bers, Resident Commissioner, and Dele- address the House, following the legis- examples are used to confirm the supe- gates of the House of Representatives, lative program and any special orders riority of our own ideals. But American the text of which is carried in 5 U.S.C. history has less-well-known examples heretofore entered, was granted to: (The following Members (at the re- 3331: of when we struggled without our tra- ‘‘I, AB, do solemnly swear (or af- ditional advantage in material and quest of Mr. BROWN of Ohio) to revise and extend their remarks and include firm) that I will support and defend money. the Constitution of the United I put this question to the House, extraneous material:) States against all enemies, foreign when was the last time that U.S. Mr. PALLONE, for 5 minutes, today. and domestic; that I will bear true Armed Forces faced a military from a Mr. DEFAZIO, for 5 minutes, today. faith and allegiance to the same; country whose economy was larger Mr. BROWN of Ohio, for 5 minutes, that I take this obligation freely, than our own? One summer day in Au- today. Mr. CONYERS, for 5 minutes, today. without any mental reservation or gust, 1814, comes to mind. British sol- Mr. FRANK of Massachusetts, for 5 purpose of evasion; and that I will diers and marines marched on in Wash- minutes, today. well and faithfully discharge the ington in one of the last acts of the Mr. GEORGE MILLER of California, for duties of the office on which I am War of 1812. U.S. forces met them in 5 minutes, today. about to enter. So help me God.’’ what we now call the Battle of Mr. FILNER, for 5 minutes, today. Bladensburg. The battle went so badly has been subscribed to in person and Mr. MCDERMOTT, for 5 minutes, filed in duplicate with the Clerk of the for the Americans that British called it today. the ‘‘Bladensburg races’’ because U.S. House of Representatives by the fol- Mr. WYNN, for 5 minutes, today. lowing Member of the 108th Congress, forces ran away so quickly. Britain’s Mr. RYAN of Ohio, for 5 minutes, 85th Foot Regiment still displays pursuant to the provisions of 2 U.S.C. today. 25: eagle-flagged standards of two Amer- Mr. MCGOVERN, for 5 minutes, today. ican regiments captured that day. The STEPHANIE HERSETH, South Dakota Mr. STRICKLAND, for 5 minutes, At Large. following day British forces burned the today. Capitol and Executive Mansion to the Mr. INSLEE, for 5 minutes, today. f ground. Ms. JACKSON-LEE of Texas, for 5 min- History reminds us that the United OATH FOR ACCESS TO CLASSIFIED utes, today. INFORMATION States has not and will not always be (The following Members (at the re- the Nation on Earth with the largest quest of Mr. PAUL) to revise and extend Under clause 13 of rule XXIII, the fol- economy. With an America of unques- their remarks and include extraneous lowing Members executed the oath for tioned commercial dominance, we can material:) access to classified information: afford to make diplomatic mistakes. In Mr. PAUL, for 5 minutes, June 9. Neil Abercrombie, Anı´bal Acevedo-Vila´ , a world where America holds fewer Mr. BEREUTER, for 5 minutes, today. Gary L. Ackerman, Robert B. Aderholt, W. cards, we cannot afford miscalculation. Mr. PENCE, for 5 minutes, today. Todd Akin, Rodney Alexander, Thomas H. Allen, Robert E. Andrews, Joe Baca, Spencer We are quickly nearing a world in Mr. WELDON of Florida, for 5 minutes, Bachus, Brian Baird, Richard H. Baker, which China will play a central role in June 9. the diplomatic life of the United Tammy Baldwin, Frank W. Ballance, Jr., f Cass Ballenger, J. Gresham Barrett, Roscoe States. British diplomats before the SENATE BILL REFERRED G. Bartlett, Joe Barton, Charles F. Bass, Bob world wars would have scoffed at the Beauprez, Xavier Becerra, Chris Bell, Doug notion of their American cousins play- A bill of the Senate of the following Bereuter, Shelley Berkley, Howard L. Ber- ing a central role in world politics. Let title was taken from the Speaker’s man, Marion Berry, Judy Biggert, Michael

VerDate May 21 2004 02:34 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K03JN7.130 H03PT1 H3778 CONGRESSIONAL RECORD — HOUSE June 3, 2004 Bilirakis, Rob Bishop, Sanford D. Bishop, Markey, Jim Marshall, Jim Matheson, Rob- Navy’s Proposed Letter(s) of Offer and Ac- Jr., Timothy H. Bishop, Marsha Blackburn, ert T. Matsui, Carolyn McCarthy, Karen ceptance (LOA) to the Republic of Korea for Earl Blumenauer, Roy Blunt, Sherwood McCarthy, Betty McCollum, Thaddeus G. defense articles and services (Transmittal Boehlert, John A. Boehner, Henry Bonilla, McCotter, Jim McCrery, James P. McGov- No. 04-07), pursuant to 22 U.S.C. 2776(b); to Jo Bonner, Mary Bono, John Boozman, Mad- ern, John M. McHugh, Scott McInnis, Mike the Committee on International Relations. eleine Z. Bordallo, Leonard L. Boswell, Rick McIntyre, Howard P. ‘‘Buck’’ McKeon, Mi- 8359. A letter from the Deputy Secretary, Boucher, Allen Boyd, Jeb Bradley, Kevin chael R. McNulty, Martin T. Meehan, Department of the Treasury, transmitting as Brady, Robert A. Brady, Corrine Brown, Kendrick B. Meek, Gregory W. Meeks, Rob- required by section 401(c) of the National Henry E. Brown, Jr., Sherrod Brown, Ginny ert Menendez, John L. Mica, Michael H. Emergencies Act, 50 U.S.C. 1641(c), and sec- Brown-Waite, Michael C. Burgess, Max Michaud, Juanita Millender-McDonald, Brad tion 204(c) of the International Emergency Burns, Richard Burr, Dan Burton, Steve Miller, Candice S. Miller, Gary G. Miller, Economic Powers Act, 50 U.S.C. 1703(c), and Buyer, Ken Calvert, Dave Camp, Chris Can- Jeff Miller, Alan B. Mollohan, Dennis Moore, pursuant to Executive Order 13313 of July 31, non, Eric Cantor, Shelley Moore Capito, Lois James P. Moran, Jerry Moran, Tim Murphy, 2003, a six-month periodic report on the na- Capps, Michael E. Capuano, Benjamin L. John P. Murtha, Marilyn N. Musgrave, Sue tional emergency with respect to Burma Cardin, Dennis A. Cardoza, Brad Carson, Wilkins Myrick, Jerrold Nadler, Grace F. that was declared in Executive Order 13047 of Julia Carson, John R. Carter, Ed Case, Mi- Napolitano, Richard E. Neal, George R. May 20, 1997; to the Committee on Inter- chael N. Castle, Steve Chabot, Ben Chandler, Nethercutt, Jr., Randy Neugebauer, Robert national Relations. Chris Chocola, Donna M. Christensen, Wm. W. Ney, Anne M. Northup, Eleanor Holmes 8360. A letter from the Deputy Secretary, Lacy Clay, James E. Clyburn, Howard Coble, Norton, Charlie Norwood, Devin Nunes, Jim Department of the Treasury, transmitting as Tom Cole, Mac Collins, Larry Combest, John Nussle, James L. Oberstar, David R. Obey, required by section 401(c) of the National Conyers, Jr., Jim Cooper, Jerry F. Costello, John W. Olver, Solomon P. Ortiz, Tom Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emergency Christopher Cox, Robert E. (Bud) Cramer, Osborne, Doug Ose, C. L. ‘‘Butch’’ Otter, Economic Powers Act, 50 U.S.C. 1703(c), and Jr., Philip M. Crane, Ander Crenshaw, Jo- Major R. Owens, Michael G. Oxley, Frank pursuant to Executive Order 13313 of July 31, seph Crowley, Barbara Cubin, John Abney Pallone, Jr., Bill Pascrell, Jr., Ed Pastor, 2003, a six-month periodic report on the na- Culberson, Elijah E. Cummings, Randy Ron Paul, Donald M. Payne, Stevan Pearce, tional emergency with respect to the Devel- ‘‘Duke’’ Cunningham, Artur Davis, Danny K. Nancy Pelosi, Mike Pence, Collin C. Peter- opment Fund for Iraq that was declared in Davis, Jim Davis, Jo Ann Davis, Lincoln son, John E. Peterson, Thomas E. Petri, Executive Order 13303 of May 22, 2003, as ex- Davis, Susan A. Davis, Tom Davis, Nathan Charles W. ‘‘Chip’’ Pickering, Joseph R. panded in scope in Executive Order 13315 of Deal, Peter A. DeFazio, Diana DeGette, Wil- Pitts, Todd Russell Platts, Richard W. August 28, 2003; to the Committee on Inter- liam D. Delahunt, Rosa L. DeLauro, Tom Pombo, Earl Pomeroy, Jon C. Porter, Rob national Relations. DeLay, Jim DeMint, Peter Deutsch, Lincoln Portman, David E. Price, Deborah Pryce, Diaz-Balart, Mario Diaz-Balart, Norman D. 8361. A letter from the Assistant Secretary Adam H. Putnam, Jack Quinn, George for Legislative Affairs, Department of State, Dicks, John D. Dingell, Lloyd Doggett, Cal- Radanovich, Nick J. Rahall II, Jim Ramstad, vin M. Dooley, John T. Doolittle, Michael F. transmitting a report providing information Charles B. Rangel, Ralph Regula, Dennis R. on steps taken by the U.S. Government to Doyle, David Dreier, John J. Duncan, Jr., Rehberg, Rick Renzi, Silvestre Reyes, Thom- Jennifer Dunn, Chet Edwards, Vernon J. bring about an end to the Arab League boy- as M. Reynolds, Ciro D. Rodriguez, Harold Ehlers, Rahm Emanuel, Jo Ann Emerson, cott of Israel and to expand the process of Rogers, Mike Rogers (AL), Mike Rogers (MI), Eliot L. Engel, Phil English, Anna G. Eshoo, normalization between Israel and the Arab Dana Rohrabacher, Ileana Ros-Lehtinen, Bob Etheridge, Lane Evans, Terry Everett, League countries, as requested in Section 535 Mike Ross, Steven R. Rothman, Lucille Roy- Sam Farr, Chaka Fattah, Tom Feeney, Mike Division D of the Foreign Operations, Export bal-Allard, Edward R. Royce, C. A. Dutch Ferguson, Bob Filner, Jeff Flake, Ernie Financing, and Related Programs Appropria- Ruppersberger, Bobby L. Rush, Paul Ryan, Fletcher, Mark Foley, J. Randy Forbes, Har- tions Act for Fiscal Year 2004 (Pub. L. 108– Timothy J. Ryan, Jim Ryun, Martin Olav old E. Ford, Jr., Vito Fossella, Barney 199); to the Committee on International Re- Sabo, Linda T. Sa´ nchez, Loretta Sanchez, Frank, Trent Franks, Rodney P. Freling- lations. Bernard Sanders, Max Sandlin, Jim Saxton, huysen, Martin Frost, Elton Gallegly, Scott 8362. A letter from the White House Liai- Garrett, Richard A. Gephardt, Jim Gerlach, Janice D. Schakowsky, Adam B. Schiff, Ed- son, Department of the Treasury, transmit- Jim Gibbons, Wayne T. Gilchrest, Paul E. ward L. Schrock, David Scott, Robert C. ting a report pursuant to the Federal Vacan- ´ Gillmor, Phil Gingrey, Charles A. Gonzalez, Scott, F. James Sensenbrenner, Jr., Jose E. cies Reform Act of 1998; to the Committee on Virgil H. Goode, Jr., Bob Goodlatte, Bart Serrano, Pete Sessions, John B. Shadegg, E. Government Reform. Gordon, Porter J. Goss, Kay Granger, Sam Clay Shaw, Jr., Christopher Shays, Brad 8363. A letter from the White House Liai- Graves, Gene Green, Mark Green, James C. Sherman, Don Sherwood, John Shimkus, Bill son, Department of the Treasury, transmit- Greenwood, Rau´ l M. Grijalva, Luis V. Shuster, Rob Simmons, Michael K. Simpson, ting a report pursuant to the Federal Vacan- Gutierrez, Gil Gutknecht, Ralph M. Hall, Ike Skelton, Louise McIntosh Slaughter, cies Reform Act of 1998; to the Committee on Jane Harman, Katherine Harris, Melissa A. Adam Smith, Christopher H. Smith, Lamar Government Reform. 8364. A letter from the White House Liai- Hart, J. Dennis Hastert, Alcee L. Hastings, S. Smith, Nick Smith, Vic Snyder, Hilda L. son, Department of the Treasury, transmit- Doc Hastings, Robin Hayes, J. D. Hayworth, Solis, Mark E. Souder, John M. Spratt, Jr., ting a report pursuant to the Federal Vacan- Joel Hefley, Jeb Hensarling, Wally Herger, Cliff Stearns, Charles W. Stenholm, Ted Stephanie Herseth, Baron P. Hill, Maurice D. Strickland, Bart Stupak, John Sullivan, cies Reform Act of 1998; to the Committee on Hinchey, Rube´n Hinojosa, David L. Hobson, John E. Sweeney, Thomas G. Tancredo, John Government Reform. 8365. A letter from the White House Liai- Joseph M. Hoeffel, Peter Hoekstra, Tim S. Tanner, Ellen O. Tauscher, W. J. (Billy) son, Department of the Treasury, transmit- Holden, Rush D. Holt, Michael M. Honda, Tauzin, Charles H. Taylor, Gene Taylor, Lee ting a report pursuant to the Federal Vacan- Darlene Hooley, John N. Hostettler, Amo Terry, William M. Thomas, Bennie G. cies Reform Act of 1998; to the Committee on Houghton, Steny H. Hoyer, Kenny C. Thompson, Mike Thompson, Mac Thorn- Government Reform. Hulshof, Duncan Hunter, Henry J. Hyde, Jay berry, Todd Tiahrt, Patrick J. Tiberi, John F. Tierney, Patrick J. Toomey, Edolphus 8366. A letter from the White House Liai- Inslee, Johnny Isakson, Steve Israel, Darrell son, Department of the Treasury, transmit- E. Issa, Ernest J. Istook, Jr., Jesse L. Jack- Towns, Jim Turner, Michael R. Turner, Mark Udall, Tom Udall, Fred Upton, Chris ting a report pursuant to the Federal Vacan- son, Jr., Sheila Jackson-Lee, William J. cies Reform Act of 1998; to the Committee on Janklow, William J. Jefferson, William L. Van Hollen, Nydia M. Vela´ zquez, Peter J. Visclosky, David Vitter, Greg Walden, James Government Reform. Jenkins, Christopher John, Eddie Bernice 8367. A letter from the White House Liai- T. Walsh, Zach Wamp, Maxine Waters, Diane Johnson, Nancy L. Johnson, Sam Johnson, son, Department of the Treasury, transmit- E. Watson, Melvin L. Watt, Henry A. Wax- Timothy V. Johnson, Stephanie Tubbs ting a report pursuant to the Federal Vacan- man, Anthony D. Weiner, Curt Weldon, Dave Jones, Walter B. Jones, Paul E. Kanjorski, cies Reform Act of 1998; to the Committee on Weldon, Jerry Weller, Robert Wexler, Ed Marcy Kaptur, Ric Keller, Sue W. Kelly, Government Reform. Whitfield, Roger F. Wicker, Heather Wilson, Mark R. Kennedy, Patrick J. Kennedy, Dale 8368. A letter from the White House Liai- Joe Wilson, Frank R. Wolf, Lynn C. Woolsey, E. Kildee, Carolyn C. Kilpatrick, Ron Kind, son, Department of the Treasury, transmit- David Wu, Albert Russell Wynn, C. W. Bill Peter T. King, Steve King, Jack Kingston, ting a report pursuant to the Federal Vacan- Young, Don Young Mark Steven Kirk, Gerald D. Kleczka, John cies Reform Act of 1998; to the Committee on Kline, Joe Knollenberg, Jim Kolbe, Ray f Government Reform. LaHood, Nick Lampson, James R. Langevin, 8369. A letter from the White House Liai- Tom Lantos, Rick Larsen, John B. Larson, EXECUTIVE COMMUNICATIONS, son, Department of the Treasury, transmit- Tom Latham, Steven C. LaTourette, James ETC. ting a report pursuant to the Federal Vacan- A. Leach, Barbara Lee, Sander M. Levin, Under clause 8 of rule XII, executive cies Reform Act of 1998; to the Committee on Jerry Lewis, John Lewis, Ron Lewis, John Government Reform. Linder, William O. Lipinski, Frank A. communications were taken from the 8370. A letter from the White House Liai- LoBiondo, Zoe Lofgren, Nita M. Lowey, Speaker’s table and referred as follows: son, Department of the Treasury, transmit- Frank D. Lucas, Ken Lucas, Stephen F. 8358. A letter from the Director, Defense ting a report pursuant to the Federal Vacan- Lynch, Denise L. Majette, Carolyn B. Security Cooperation Agency, transmitting cies Reform Act of 1998; to the Committee on Maloney, Donald A. Manzullo, Edward J. notification concerning the Department of Government Reform.

VerDate May 21 2004 01:50 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A03JN7.045 H03PT1 June 3, 2004 CONGRESSIONAL RECORD — HOUSE H3779 8371. A letter from the White House Liai- Groundfish Fishery; Annual Specifications; 8389. A communication from the President son, Department of the Treasury, transmit- Pacific Whiting [Docket No. 031216314–4118– of the United States, transmitting a rec- ting a report pursuant to the Federal Vacan- 03; I.D. 112803A] (RIN: 0648–AR54) received ommendation to continue in effect a waiver cies Reform Act of 1998; to the Committee on May 21, 2004, pursuant to 5 U.S.C. of application of subsections (a) and (b) of Government Reform. 801(a)(1)(A); to the Committee on Resources. section 402 of the Trade Act of 1974 with re- 8372. A letter from the Deputy Associate 8381. A letter from the Deputy Assistant spect to Vietnam for a further 12-month pe- Administrator, Office of Acquisition Policy, Administrator for Regulatory Programs, riod and a determination that continuation GSA, National Aeronautics and Space Ad- NMFS, National Oceanic and Atmospheric of the waiver currently in effect for Vietnam ministration, transmitting the Administra- Administration, transmitting the Adminis- will substantially promote the objectives of tion’s final rule–Federal Acquisition Regula- tration’s final rule — Pacific Halibut Fish- section 402 of the Act and the reasons for tion; Procurement Program for Service-Dis- eries; Catch Sharing Plan [Docket No. such a determination, pursuant to 19 U.S.C. abled Veteran-Owned Small Business Con- 040209049–4117–02; I.D. 012204B] (RIN: 0648– 2432(c) and (d); (H. Doc. No. 108–191); to the cerns [FAC 2001–23; FAR Case 2004–002] (RIN: AR83) received May 20, 2004, pursuant to 5 Committee on Ways and Means and ordered 9000–AJ92) received May 6, 2004, pursuant to U.S.C. 801(a)(1)(A); to the Committee on Re- to be printed. 5 U.S.C. 801(a)(1)(A); to the Committee on sources. 8390. A communication from the President Government Reform. 8382. A letter from the Acting Director, Of- of the United States, transmitting notifica- 8373. A letter from the Secretary, Depart- fice of Sustainable Fisheries, NMFS, Na- tion of his determination that a waiver of ment of the Interior, transmitting the an- tional Oceanic and Atmospheric Administra- the application of subsections (a) and (b) of nual report entitled, ‘‘Outer Continental tion, transmitting the Administration’s final section 402 of the Trade Act of 1974 with re- Shelf Lease Sales: Evaluation of Bidding Re- rule — Fisheries off West Coast States and in spect to Turkmenistan will substantially sults’’ for Fiscal Year 2003, pursuant to 43 the Western Pacific; Pacific Coast Ground- promote the objectives of section 402, pursu- U.S.C. 1337(a)(9); to the Committee on Re- fish Fishery; Annual Specifications and Man- ant to 19 U.S.C. 2432(c) and (d); (H. Doc. No. sources. agement Measures; Inseason Adjustments 108–189); to the Committee on Ways and 8374. A letter from the Assistant Secretary [Docket No. 031216314; 3314–01; I.D. 050704A] Means and ordered to be printed. for Fish & Wildlife & Parks, Department of (RIN: 0648–AR54) received May 20, 2004, pur- 8391. A communication from the President the Interior, transmitting the Department’s suant to 5 U.S.C. 801(a)(1)(A); to the Com- of the United States, transmitting notifica- final rule—Endangered and Threatened Wild- mittee on Resources. tion of his determination that a waiver of life and Plants; Extension of Amended Spe- 8383. A letter from the Assistant Attorney the application of subsections (a) and (b) of cial Regulations for the Preble’s Meadow General, Department of Justice, transmit- section 402 of the Trade Act of 1974 with re- Jumping Mouse (RIN: 1018–AJ26) received ting notification that during FY 2003, no spect to the Republic of Belarus will sub- May 18, 2004, pursuant to 5 U.S.C. claim was paid from the Victims Compensa- stantially promote the objectives of section 801(a)(1)(A); to the Committee on Resources. tion Fund established by the Witness Secu- 402, pursuant to 19 U.S.C. 2432(c) and (d); (H. 8375. A letter from the Assistant Secretary rity Reform Act of 1984, Pub. L. 98–473 be- Doc. No. 108–190); to the Committee on Ways for Fish, Wildlife and Parks, Department of cause no claims were filed, pursuant to 18. and Means and ordered to be printed. the Interior, transmitting the Department’s U.S.C. 3525(b); to the Committee on the Judi- 8392. A letter from the Vice Chairman, Fed- final rule — Endangered and Threatened ciary. eral Election Commission, transmitting the Wildlife and Plants; Final Rule To Designate 8384. A letter from the Paralegal Spe- Commission’s FY 2005 budget request, pursu- Critical Habitat for the Santa Ana Sucker cialist, FAA, Department of Transportation, ant to 2 U.S.C. 437d(d)(1); jointly to the Com- (Catostomus santaanae) (RIN: 1018–AT57) re- transmitting the Department’s final rule — mittees on House Administration, Appro- ceived May 18, 2004, pursuant to 5 U.S.C. Airworthiness Directives; Construcciones priations, and Government Reform. 801(a)(1)(A); to the Committee on Resources. Aeronauticas, S.A. (CASA), Model C–212 Se- 8376. A letter from the Assistant Secretary ries Airplanes [Docket No. 2002–NM–262–AD; f for Fish, Wildlife and Parks, Department of Amendment 39–13561; AD 2004–07–17] (RIN: REPORTS OF COMMITTEES ON the Interior, transmitting the Department’s 2120–AA64) received May 19, 2004, pursuant to PUBLIC BILLS AND RESOLUTIONS final rule — Endangered and Threatened 5 U.S.C. 801(a)(1)(A); to the Committee on Wildlife and Plants; Final Designation of Transportation and Infrastructure. Under clause 2 of rule XIII, reports of Critical Habitat for Astragalus 8385. A letter from the Paralegal Spe- committees were delivered to the Clerk pycnostachyus var. lanisissimus (Ventura cialist, FAA, Department of Transportation, for printing and reference to the proper Marsh milk-vetch) received May 18, 2004, pur- transmitting the Department’s final rule — calendar, as follows: suant to 5 U.S.C. 801(a)(1)(A); to the Com- Airworthiness Directives; McDonnell Doug- mittee on Resources. las Model MD–90–30 Airplanes [Docket No. Mr. POMBO: Committee on Resources. 8377. A letter from the Director, Office of 2001–NM–226–AD; Amendment 39–13556; AD H.R. 4114. A bill to amend the Migratory Bird Surface Mining, Department of the Interior, 2004–07–12] (RIN: 2120–AA64) received May 19, Treaty Act to exclude non-native migratory transmitting the Department’s final rule — 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the bird species from the application of that Act, Clarification of Substituted Federal Enforce- Committee on Transportation and Infra- and for other purposes; with an amendment ment for Parts of Missouri’s Permanent Reg- structure. (Rept. 108–520). Referred to the Committee of ulatory Program and Findings on the Status 8386. A letter from the Paralegal Spe- the Whole House on the State of the Union. of Missouri’s Permanent Regulatory Pro- cialist, FAA, Department of Transportation, Mr. POMBO: Committee on Resources. gram; Correction — received May 19, 2004, transmitting the Department’s final rule — H.R. 2909. A bill to ensure the continued pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Airworthiness Directives; Boeing Model 737- availability of the Utah Test and Training mittee on Resources. 300, -400, and -500 Series Airplanes [Docket Range to support the readiness and training 8378. A letter from the Acting Director, No. 2002-NM-174-AD; Amendment 39–13483; needs of the Armed Forces; with an amend- Fish and Wildlife Service, Department of the AD 2004–04–03] (RIN: 2120–AA64) received May ment (Rept. 108–521). Referred to the Com- Interior, transmitting the Department’s 19, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to mittee of the Whole House on the State of final rule — Withdrawal of Regulations Gov- the Committee on Transportation and Infra- the Union. erning Incidental Take Permit Revocation structure. Mr. POMBO: Committee on Resources. (RIN: 1018–AT64) received May 20, 2004, pursu- 8387. A letter from the Paralegal Spe- H.R. 2619. A bill to provide for the expansion ant to 5 U.S.C. 801(a)(1)(A); to the Committee cialist, FAA, Department of Transportation, of Kilauea Point National Wildlife Refuge; on Resources. transmitting the Department’s final rule — with an amendment (Rept. 108–522). Referred 8379. A letter from the Deputy Assistant Airworthiness Directives; Airbus Model A300 to the Committee of the Whole House on the Administrator for Regulatory Programs, B4–600, B4–600R, C4–605R Variant F, and F4- State of the Union. NMFS, National Oceanic and Atmospheric 600R (Collectively Called A300–600) Series Mr. POMBO: Committee on Resources. S. Administration, transmitting the Adminis- Airplanes; and Model A310 Series Airplanes 1146. An act to implement the recommenda- tration’s final rule — Fisheries of the Exclu- [Docket No. 2004–NM–57–AD; Amendment 39– tions of the Garrison Unit Tribal Advisory sive Economic Zone Off Alaska; Skates Man- 13590; AD 2004–09–01] (RIN: 2120–AA64) re- Committee by providing authorization for agement in the Groundfish Fisheries of the ceived May 19, 2004, pursuant to 5 U.S.C. the construction of a rural health care facil- Gulf of Alaska [Docket No. 031218322–4137–02; 801(a)(1)(A); to the Committee on Transpor- ity on the Fort Berthold Indian Reservation, I.D. 111903A] (RIN: 0648–AR73) received May tation and Infrastructure. North Dakota (Rept. 108–523 Pt. 1). Ordered 21, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to 8388. A letter from the Paralegal Spe- to be printed. the Committee on Resources. cialist, FAA, Department of Transportation, Mr. SMITH of New Jersey: Committee on 8380. A letter from the Deputy Assistant transmitting the Department’s final rule — Veterans’ Affairs. H.R. 4175. A bill to in- Administrator for Regulatory Programs, Airworthiness Directives; Boeing Model 747– crease, effective as of December 1, 2004, the NMFS, National Oceanic and Atmospheric 400 and -400D Series Airplanes [Docket No. rates of disability compensation for veterans Administration, transmitting the Adminis- 2004–NM–42–AD; Amendment 39–13593; AD with service-connected disabilities and the tration’s final rule — Magnuson-Stevens 2004–09–04] (RIN: 2120–AA64) received May 19, rates of dependency and indemnity com- Fishery Conservation and Management Act 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the pensation for survivors of certain service- Provisions; Fisheries Off West Coast States Committee on Transportation and Infra- connected disabled veterans, and for other and in the Western Pacific; Pacific Coast structure. purposes; with an amendment (Rept. 108–524).

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Referred to the Committee of the Whole and Ms. GINNY BROWN-WAITE of Flor- etary Fund by poor countries, and for other House on the State of the Union. ida): purposes; to the Committee on Financial H.R. 4502. A bill to amend the Internal Rev- f Services. enue Code of 1986 to provide that distribu- By Mr. WU: TIME LIMITATION OF REFERRED tions from an individual retirement plan, a H.R. 4512. A bill to amend part D of title BILL PURSUANT TO RULE XII section 401(k) plan, or a section 403(b) con- XVIII of the Social Security Act to authorize tract shall not be includible in gross income the Secretary of Health and Human Services Pursuant to clause 2 of rule XII the to the extent used to pay long-term care in- to negotiate for lower prices for Medicare following action was taken by the surance premiums; to the Committee on prescription drugs and to eliminate the gap Speaker. Ways and Means. in coverage of Medicare prescription drug H.R. 3266. Referral to the Committees on By Mr. BARTON of Texas: benefits, to authorize the Secretary of Transportation and Infrastructure, the Judi- H.R. 4503. A bill to enhance energy con- Health and Human Services to promulgate ciary, and Energy and Commerce extended servation and research and development, to regulations for the reimportation of pre- for a period ending not later than June 14, provide for security and diversity in the en- scription drugs, and for other purposes; to 2004. ergy supply for the American people, and for the Committee on Energy and Commerce, S. 1146. Referral to the Committee on En- other purposes; to the Committee on Energy and in addition to the Committee on Ways ergy and Commerce extended for a period and Commerce, and in addition to the Com- and Means, for a period to be subsequently ending not later than July 9, 2004. mittees on Science, Ways and Means, Re- determined by the Speaker, in each case for sources, Education and the Workforce, consideration of such provisions as fall with- f Transportation and Infrastructure, Financial in the jurisdiction of the committee con- PUBLIC BILLS AND RESOLUTIONS Services, Agriculture, and the Budget, for a cerned. period to be subsequently determined by the By Mr. LANTOS (for himself, Mr. Under clause 2 of rule XII, public Speaker, in each case for consideration of THOMAS, Mr. KING of New York, Mr. bills and resolutions were introduced such provisions as fall within the jurisdic- BURTON of Indiana, Mr. SNYDER, Mr. and severally referred, as follows: tion of the committee concerned. MCGOVERN, Ms. BERKLEY, Mr. EVANS, By Mr. CASTLE (for himself, Mr. By Mr. DELAY (for himself, Mr. Ms. MCCOLLUM, Ms. LEE, Mr. HERGER, Mr. CRAMER, Ms. PRYCE of BOEHNER, and Mr. WILSON of South HOEFFEL, Mr. PENCE, Mr. CHANDLER, Carolina): Ohio, Mrs. JOHNSON of Connecticut, Mr. BERMAN, Mr. DEFAZIO, Mr. H.R. 4496. A bill to amend the Carl D. Per- Mr. CAMP, Mr. LEWIS of Kentucky, BROWN of Ohio, Mr. KIRK, Mr. kins Vocational and Technical Education Mr. TOM DAVIS of Virginia, Mr. WEXLER, Mr. KUCINICH, Mr. SHERMAN, Act of 1998 to strengthen and improve pro- CARDOZA, Mr. MURPHY, and Ms. NOR- Mr. GRIJALVA, Mr. FRANK of Massa- grams under that Act; to the Committee on TON): chusetts, Mr. PITTS, Mr. DELAHUNT, H.R. 4504. A bill to improve protections for Education and the Workforce. Mr. BLUMENAUER, Mrs. MALONEY, Mr. children and to hold States accountable for By Mr. KIND (for himself, Mr. HINCHEY, ENGEL, Mr. LEVIN, Mr. ANDREWS, Ms. the orderly and timely placement of children Ms. LOFGREN, Mr. OWENS, and Mr. DELAURO, Mr. CROWLEY, Mr. ACKER- across State lines, and for other purposes; to SIMMONS): MAN, Mr. ROHRABACHER, Ms. WATSON, the Committee on Ways and Means. H.R. 4497. A bill to establish or expand pre- Mr. SOUDER, Mr. TANCREDO, Mr. By Mr. GILLMOR: kindergarten early learning programs; to the FORD, Ms. ROS-LEHTINEN, and Mr. H.R. 4505. A bill to improve the governance Committee on Education and the Workforce. SMITH of New Jersey): and regulation of mutual funds under the se- H.J. Res. 97. A joint resolution approving By Mr. KIND (for himself, Mr. JOHN, curities laws, and for other purposes; to the the renewal of import restrictions contained Mr. ANDREWS, Mr. KENNEDY of Rhode Committee on Financial Services. in the Burmese Freedom and Democracy Act Island, Mr. SCHIFF, Mr. SMITH of By Mr. HASTINGS of Florida (for him- of 2003; to the Committee on Ways and Washington, and Mr. VAN HOLLEN): self, Mr. WEXLER, Mr. FOLEY, Mr. H.R. 4498. A bill to establish a national Means. SHAW, and Mr. DEUTSCH): By Mr. KNOLLENBERG (for himself health program administered by the Office of H.R. 4506. A bill to amend the Robert T. Personnel Management to offer health bene- and Mr. SPRATT): Stafford Disaster Relief and Emergency As- H. Con. Res. 441. Concurrent resolution rec- fits plans to individuals who are not Federal sistance Act to provide assistance for areas ognizing the essential role of nuclear power employees, and for other purposes; to the that experience a disaster that results in in the national energy policy of the United Committee on Ways and Means, and in addi- major damage to or destruction of 100 homes States and supporting the increased use of tion to the Committee on Education and the or fewer; to the Committee on Transpor- nuclear power and the construction and de- Workforce, for a period to be subsequently tation and Infrastructure. velopment of new and improved nuclear determined by the Speaker, in each case for By Mr. LOBIONDO (for himself and Mr. power generating plants; to the Committee consideration of such provisions as fall with- LAMPSON): on Energy and Commerce. in the jurisdiction of the committee con- H.R. 4507. A bill to ensure the continuation By Ms. MCCOLLUM: cerned. and improvement of coastal restoration; to H. Con. Res. 442. Concurrent resolution rec- By Mr. SAM JOHNSON of Texas (for the Committee on Transportation and Infra- ognizing the 75th anniversary of Amtrak’s himself and Mr. CARTER): structure. Empire Builder rail line; to the Committee H.R. 4499. A bill to amend the National By Mr. NUNES: on Transportation and Infrastructure. Labor Relations Act to ensure that certain H.R. 4508. A bill to amend the National By Mr. PAUL (for himself, Mrs. JO ANN prevailing parties receive attorneys’ fees; to Parks and Recreation Act of 1978 to require DAVIS of Virginia, Mr. MANZULLO, the Committee on Education and the Work- the Secretary to permit continued use and and Mr. KING of Iowa): force. occupancy of certain privately owned cabins H. Con. Res. 443. Concurrent resolution ex- By Mr. BOEHLERT (for himself and in the Mineral King Valley in the Sequoia pressing the sense of the Congress that the IGGERT): Mrs. B National Park; to the Committee on Re- United States should formally withdraw its H.R. 4500. A bill to provide for energy resources. membership from the United Nations Edu- search and development; to the Committee By Mr. REGULA (for himself, Mr. SAM cational, Scientific, and Cultural Organiza- on Science, and in addition to the Commit- JOHNSON of Texas, and Mr. MATSUI): tion (UNESCO); to the Committee on Inter- tees on Resources, and the Budget, for a pe- H.R. 4509. A bill to authorize the Board of national Relations. riod to be subsequently determined by the Regents of the Smithsonian Institution to By Mr. MENENDEZ: Speaker, in each case for consideration of carry out activities in support of the collabo- H. Res. 661. A resolution electing a Member such provisions as fall within the jurisdic- rative Very Energetic Radiation Imaging to a certain standing committee of the tion of the committee concerned. Telescope Array System (VERITAS) project House of Representatives; considered and By Mr. UPTON (for himself, Mr. MAR- on Kitt Peak near Tucson, Arizona; to the agreed to. KEY, Mr. BARTON of Texas, and Mr. Committee on House Administration. By Mr. SENSENBRENNER: DINGELL): By Ms. SCHAKOWSKY (for herself and H. Res. 662. A resolution recognizing that H.R. 4501. A bill to extend the statutory li- Mr. WAXMAN): Flag Day originated in Ozaukee County, Wis- cense for secondary transmissions under sec- H.R. 4510. A bill to require the Secretary of consin; to the Committee on the Judiciary. tion 119 of title 17, United States Code, and Defense to provide to Congress copies and de- to amend the Communications Act of 1934 scriptions of contracts and task orders in ex- f with respect to such transmissions, and for cess of $1,000,000 for work to be performed in ADDITIONAL SPONSORS other purposes; to the Committee on Energy Iraq and Afghanistan; to the Committee on Under clause 7 of rule XII, sponsors and Commerce. Armed Services. By Mr. TERRY (for himself, Mr. PAUL, By Ms. WATERS (for herself, Mr. were added to public bills and resolu- Mr. NORWOOD, Mr. FEENEY, Mr. PE- LEACH, Mr. FRANK of Massachusetts, tions as follows: TERSON of Minnesota, Mrs. NORTHUP, Mr. BACHUS, and Ms. LEE): H.R. 107: Mr. WYNN. Mr. JONES of North Carolina, Mr. H.R. 4511. A bill to provide for the cancella- H.R. 299: Mr. BISHOP of New York, Mrs. KENNEDY of Minnesota, Mr. MCHUGH, tion of debts owed to the International Mon- MCCARTHY of New York, and Mr. QUINN.

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H.R. 303: Ms. VELAZQUEZ. H.R. 3292: Mr. CROWLEY. H.R. 4230: Mr. EVANS and Mr. MARSHALL. H.R. 586: Mr. BROWN of Ohio. H.R. 3359: Mr. CUMMINGS. H.R. 4264: Mr. CHOCOLA. H.R. 677: Mr. CARDOZA. H.R. 3360: Mr. TOM DAVIS of Virginia and H.R. 4290: Mr. STARK. H.R. 814: Mr. DAVIS of Illinois. Mr. SMITH of New Jersey. H.R. 4341: Mr. BOEHLERT, Mr. FRANK of H.R. 839: Mrs. JO ANN DAVIS of Virginia, H.R. 3361: Mr. MOORE, Mr. SIMMONS, Mr. Massachusetts and Ms. SLAUGHTER. Mr. CHANDLER, Mr. OWENS, Mr. BURTON of In- OWENS, Mr. EHLERS, Mr. ROTHMAN, Mr. H.R. 4356: Mr. LARSEN of Washington and diana, Mr. SOUDER, Mr. BILIRAKIS, Mr. HOEK- CAPUANO, and Mr. DOGGETT. Mrs. LOWEY. STRA, Mr. MCDERMOTT, Ms. DELAURO, Ms. H.R. 3422: Ms. ESHOO. H.R. 4358: Mr. ROGERS of Michigan, Mr. NORTON, and Mr. BROWN of South Carolina. H.R. 3476: Ms. LORETTA SANCHEZ of Cali- HOEKSTRA, Mrs. MILLER of Michigan, Mr. H.R. 852: Mr. ALLEN. fornia and Mr. UDALL of New Mexico. UPTON, Mr. MCCOTTER, Mr. EHLERS, Mr. H.R. 962: Mr. CHANDLER. H.R. 3480: Mr. PASTOR. COBLE, Mr. GILLMOR, Ms. KAPTUR, Mr. H.R. 967: Ms. LINDA T. SANCHEZ of Cali- H.R. 3539: Mr. MATSUI. BALLENGER, and Ms. HART. fornia. H.R. 3574: Mr. PRICE of North Carolina. H.R. 4363: Mr. SMITH of Washington. H.R. 976: Mr. VAN HOLLEN. H.R. 3602: Mr. VAN HOLLEN. H.R. 4370: Mr. BROWN of South Carolina, H.R. 1083: Mr. VAN HOLLEN. H.R. 3615: Mr. MCDERMOTT, Mr. CHANDLER, Mr. DAVIS of Illinois, and Mr. BACA. H.R. 1149: Ms. BORDALLO and Mr. HINCHEY. Mr. KUCINICH, and Mr. STRICKLAND. H.R. 4380: Mr. WEXLER, Mr. DEUTSCH, Mr. H.R. 1160: Mr. DEUTSCH. H.R. 3619: Mr. JOHN. CRENSHAW, Mr. PUTNAM and Mr. MEEK of H.R. 1214: Mr. FROST and Mr. UDALL of New H.R. 3634: Mr. CAPUANO. Florida. Mexico. H.R. 3684: Mr. INSLEE and Mr. RYAN of Wis- H.R. 4391: Mr. HULSHOF. H.R. 1258: Mr. FATTAH and Mrs. JONES of consin. H.R. 4392: Mrs. KELLY and Mr. GORDON. Ohio. H.R. 3804: Mr. PAUL. H.R. 4413: Mr. RENZI and Mr. ENGLISH. H.R. 1322: Mr. EVANS. H.R. 3809: Mr. PRICE of North Carolina. H.R. 4420: Mr. JONES of North Carolina and H.R. 1336: Mr. HUNTER, Mr. ADERHOLT, Mr. H.R. 3831: Mr. KING of New York. Mr. GARRETT of New Jersey. FATTAH, Mr. SMITH of Texas, and Mr. H.R. 3834: Mr. FROST. H.R. 4435: Ms. LOFGREN and Mr. FROST. CRAMER. H.R. 3953: Mr. DAVIS of Illinois and Mr. H.R. 4449: Mr. PAYNE, Mr. MARSHALL, Ms. H.R. 1355: Mr. DEFAZIO, Mr. KILDEE, and KELLER. CORRINE BROWN of Florida, and Mr. FROST. Mr. BERRY. H.R. 3965: Mr. PRICE of North Carolina. OWEY ARR H.R. 1523: Mr. CLAY and Mr. ALEXANDER. H.R. 4463: Mrs. L , Mr. F , Mr. H.R. 3968: Mr. DAVIS of Illinois. H.R. 1565: Mr. SERRANO. KUCINICH, and Mr. MCDERMOTT. H.R. 3988: Mr. BERMAN, Mr. ETHERIDGE, Mr. H.R. 1776: Mr. ADERHOLT and Mr. H.R. 4471: Mr. NEY. FILNER, Mr. GRIJALVA, and Mrs. JONES of HOSTETTLER. H. Con. Res. 366: Mr. LUCAS of Kentucky. Ohio. H.R. 1910: Mr. LATHAM. H. Con. Res. 375: Mr. BROWN of Ohio, Ms. H.R. 4016: Ms. EDDIE BERNICE JOHNSON of H.R. 2037: Mr. STRICKLAND. ESHOO, and Mr. STENHOLM. H.R. 2157: Mr. ROTHMAN. Texas. H. Con. Res. 390: Mr. CHANDLER. H.R. 2181: Mr. PETRI. H.R. 4022: Mr. RANGEL, Mr. DINGELL, Mr. H. Con. Res. 396: Mr. FILNER. H.R. 2217: Ms. SOLIS. OWENS, and Ms. HART. H. Con. Res. 418: Mr. EVANS and Mr. PITTS. H.R. 2260: Mr. UDALL of Colorado. H.R. 4052: Mr. EMANUEL. H. Con. Res. 427: Mr. RANGEL and Mr. H.R. 2598: Mr. SHUSTER, Mrs. MALONEY, Mr. H.R. 4094: Mrs. BONO. CUMMINGS. WALSH, Mr. KANJORSKI, Mr. ACKERMAN, Mr. H.R. 4097: Mr. ORTIZ. H. Res. 38: Mr. DICKS, Ms. LEE, and Mr. HOLT, Mr. GILLMOR, Mr. LINCOLN DIAZ- H.R. 4103: Mr. BERMAN. GRIJALVA. BALART of Florida, Mr. WAXMAN, Mr. WAL- H.R. 4107: Mr. BRADLEY of New Hampshire H. Res. 140: Mr. ANDREWS. DEN of Oregon, Mr. KENNEDY of Rhode Island, and Mr. CASE. H. Res. 267: Mr. HINOJOSA. and Mr. FILNER. H.R. 4116: Mrs. BONO and Mrs. MILLER of H. Res. 596: Ms. ESHOO. H.R. 2674: Mr. HINCHEY and Mr. DAVIS of Il- Michigan. H. Res. 621: Mr. RANGEL and Mr. PALLONE. linois. H.R. 4130: Mr. DEUTSCH. H. Res. 633: Mr. FROST. H.R. 2683: Mr. MENENDEZ, Mr. MARKEY, Mr. H.R. 4131: Mr. DAVIS of Illinois and Mr. H. Res. 646: Mr. HOEFFEL, Mr. KILDEE, and MARSHALL, Mr. ETHERIDGE, Mr. HASTINGS of ENGLISH. Ms. BALDWIN. Florida, Mr. CRAMER, and Mrs. MALONEY. H.R. 4132: Mr. DAVIS of Illinois and Mr. H.R. 2711: Mr. JOHNSON of Connecticut. ENGLISH. f H.R. 2949: Mr. SMITH of Washington. H.R. 4133: Mr. DAVIS of Illinois and Mr. H.R. 2968: Mr. GORDON and Mr. FILNER. ENGLISH. H.R. 3180: Mr. STARK. H.R. 4155: Mr. TIERNEY. DELETIONS OF SPONSORS FROM H.R. 3184: Mr. WEINER. H.R. 4169: Mr. KUCINICH, Mr. KILDEE, Mr. PUBLIC BILLS AND RESOLUTIONS H.R. 3193: Mr. KENNEDY of Minnesota and HINCHEY, and Mr. PRICE of North Carolina. Under clause 7 of rule XII, sponsors Mr. LATOURETTE. H.R. 4188: Mr. PAYNE. were deleted from public bills and reso- H.R. 3246: Mr. BARRETT of South Carolina. H.R. 4192: Mr. MATSUI, Mr. LANTOS, and Mr. H.R. 3266: Mr. STENHOLM and Mr. TURNER of KUCINICH. lutions as follows: Texas. H.R. 4194: Mr. MARSHALL. H.R. 857: Mr. PICKERING.

VerDate May 21 2004 01:50 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\A03JN7.021 H03PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, THURSDAY, JUNE 3, 2004 No. 76 Senate The Senate met at 9:45 a.m. and was ing business, with the first half under brought the tax burden to the lowest called to order by the President pro the control of the majority and second level in 37 years. We cut taxes across tempore (Mr. STEVENS). half under the control of the minority. the board for 136 million hard-working, The PRESIDENT pro tempore. To- Following that hour for statements, taxpaying Americans. For America’s day’s prayer will be offered by our we will resume consideration of the De- families, we increased the child tax guest Chaplain, Rev. Steven D. Rice, fense authorization bill. Under the credit from $600 to $1,000 per child, and First Lutheran Church, Miles City, order, we will vote on the pending we made those rebate checks available MT. amendments offered by Senators CRAPO immediately, and they were sent out and GRAHAM. Those amendments immediately. PRAYER should be adopted by voice vote and Combined with tax cuts of 2001, The guest chaplain offered the fol- will not require rollcalls. which were signed into law almost 3 lowing prayer: Senator CANTWELL will then offer her years ago today, this year 111 million In quiet moments of this Senate alternative on nuclear waste, and there individuals and families will receive an Chamber, the footfalls and voices of pa- will be up to 4 hours for debate relative average tax cut of over $1,500. triots past can still be heard, O God. If you are married, you are 1 of 49 This forum of liberty set upon a hill to that amendment. I hope we do not million married couples who will have cannot be hid. need all of that time and that some Grant that the clamor of today’s may be yielded back. an average tax cut of $2,600. For those business not drown out distant and hal- When debate is completed on the families with children, you are 1 of the lowed echoes of our heritage. Rather, Cantwell amendment, we will proceed 43 million families with children who grant the wisdom of the ages be with four consecutive votes, first in re- will receive an average tax cut of present in the work of this day, that lation to the nuclear waste amend- $2,000. the divine genius of liberty might con- ment, to be followed by votes on the We have 14 million elderly individ- tinue to enlighten the path of these confirmation of three district judge uals who will see their taxes go down United States. nominations. Following those votes, we on average by nearly $1,900. That is During times of conflict and crisis, will continue consideration of the $1,900 more that senior will be able to give our Senators wisdom and courage; amendments to the Defense authoriza- have to spend, to invest, or to use how- during hours of solitude, grant them tion bill. ever they want. serenity and peace. There are a number of important If you are a small business owner, So it is, upon the work of this day, scheduling commitments late this you are 1 of 25 million small business upon our heritage of freedom, upon this afternoon on both sides of the aisle. We owners who will receive an average tax Senate now in session, we invoke Your will determine the voting schedule for cut of $3,000. In my home State of Ten- name, O Lord God. the remainder of the day as we get nessee, more than 2 million Ten- Amen. closer to the scheduled vote series. Al- nesseans will have lower tax rates this f though we will not be voting in the year. evening, I expect we can continue our President Bush’s tax cuts are work- PLEDGE OF ALLEGIANCE work and Members will remain avail- ing. Not only are the tax relief pack- The PRESIDENT pro tempore led the able for other Defense amendments on ages, the tax cuts putting more money Pledge of Allegiance, as follows: the list. back in workers’ pockets, they are I pledge allegiance to the Flag of the Again, I will have more to say about boosting the economy, and we are see- United States of America, and to the Repub- the schedule this afternoon, as well as ing the results today. Since we passed lic for which it stands, one nation under God, the tax cuts last year, over 1 million indivisible, with liberty and justice for all. the schedule for tomorrow and Mon- day. new jobs have been created. The unem- f f ployment rate has fallen to 5.6 percent, RECOGNITION OF THE MAJORITY lower than the average unemployment LEADER THE ECONOMY rates for the past three decades. The The PRESIDENT pro tempore. The Mr. FRIST. Mr. President, I want to number of working Americans has majority leader is recognized. take a few moments and comment on reached an all-time high. In particular, our economy. It was just over a year f manufacturing employment has done ago that the Senate passed and the especially well. It is at the highest SCHEDULE President signed into law $350 billion in level in almost 20 years. Mr. FRIST. Mr. President, today, we tax relief. That was the third largest Real gross domestic product grew at will have a 60-minute period of morn- tax cut in history. By so doing, we its fastest pace in more than 20 years.

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

S6387

VerDate May 21 2004 02:14 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.000 S03PT1 S6388 CONGRESSIONAL RECORD — SENATE June 3, 2004 Real disposable personal income— signed into law on May 28 last year. tax cut of $1,586; 49 million married meaning how much money families and And now, a year later, we see by every couples will have an average tax cut of individuals have—is up. Household conceivable economic measure of pros- $2,602; 43 million families with children wealth is at an all-time high. Home perity and well-being the Bush recov- will receive an average tax cut of ownership is at a record high. Con- ery is roaring ahead. $2,090; 14 million elderly individuals sumer confidence is up. The stock mar- The Bush recovery has American will see their taxes fall on average by ket has risen from 7,000 to 10,000. Busi- families on the right course. The Bush $1,883, and 25 million small business ness confidence is higher than it has recovery has American businesses, owners will receive an average tax cut been in 20 years, and business spending services, manufacturing, and exports of $3,001. and investing is booming. all moving ahead at full steam. This tax relief has prompted the Four years ago, President Bush in- The Bush recovery has workers’ in- growth of a surging, vital economy. herited an economy that was in reces- come rising, their job opportunities ex- Since the President signed that bill, sion. Now because of his firm fiscal and panding, and their take-home pay in- the stock market is up 18 percent, in- tax leadership, the economy is boom- creasing. A record number of workers creasing America’s capital base by ing. American families feel better off are working. The Bush recovery is more than $2 trillion. Real business in- today because they are better off broad, it is growing, it is substantial, vestment in equipment and software is today. and it is a record of achievement of up 14 percent annually, the fastest The optimism shows up in national which any President would be justly third-quarter increase since the late polls. A Harris poll released this week proud. But the remarkable aspect of 1990s. More manufacturers have been finds a clear majority of Americans the Bush recovery is not what it has reporting increased activities and new feel their situation has improved since obtained but what it has overcome. orders than any other time in the last the last administration left office. Over Go back to January 2000, when Presi- 20 years, and real GDP grew at a 5.6- two-thirds expect their personal situa- dent Bush was still Governor Bush. The percent annual rate, the fastest in tion to improve over the next 5 years. Dow Jones industrial average peaked nearly 20 years. African Americans and Hispanics are at 11,723. That was the peak in January As tax relief has prompted a surging particularly hopeful. A remarkable 86 of 2000. The Dow Jones industrial aver- economy, families have benefited in percent in each group expect their lives age peaked at 11,723. Two months later, the last year. Real disposable personal to improve in the next 5 years. it lost one-fifth of its total value. A income rose at an average annual rate It is imperative we keep up the pace. couple of months later, in March of of 3.9 percent, household wealth hit a We can only do that by making the tax that year, Nasdaq peaked. But by the record high of $44 trillion, and home cuts permanent. My constituents have end of 2000, tech stocks had lost more ownership has risen .4 percentage written to me again and again pleading than half of their value. By the fall of points to a record high of 68.6 percent. to preserve the tax cuts. Yet there are 2000, the economy had slipped into re- With families stronger and businesses some who would like for those tax cuts cession. growing, the Bush recovery is building Again, this all occurred while Presi- to expire. Worse yet, others are calling strong momentum in the jobs market. dent Bush was still Governor Bush of for immediate repeal. Not only would In just the last year, over 1 million new Texas. that be the largest tax hike in history, jobs have been created for America’s President Bush took office with an it would cut short America’s new eco- workers. The unemployment rate fell economy already stalled, a stock mar- nomic recovery. from 6.1 percent to 5.6 percent. That is ket tanking, and 8 months later Amer- The tax cuts are working. We need lower than the average unemployment ica suffered an unprecedented terrorist more, not less. We need to keep Amer- rates in the 1970s, the 1980s, and the attack, on September 11. We are all ica moving forward, and we need to 1990s. If that were not enough, State aware of the toll of lives from that keep passing appropriate legislation unemployment rates fell in 47 out of 50 tragic day, but few appreciate the full that stokes the fires of the world’s States. largest and most dynamic economy. effect on our freedom and on our prosperity. Planes were grounded for days, America is headed in the right direc- I urge my colleagues to continue to tion. Looking at this chart, since support these progrowth, projob poli- and new, expensive security measures were imposed. Business in America President Bush signed the Jobs and cies that create opportunity for every Growth Tax Relief Act last May, the American. Everyone who wants a job came to a screeching halt, each one collectively seeking to reassess the 5.6-percent increase in GDP is the best should be able to find one. in 20 years; 1.1 million new jobs since Mr. President, I yield the floor. risk and the opportunity of all their endeavors, not only here but overseas. last May; 800,000 new jobs this calendar f Average Americans took stock of the year alone; the stock market rebound, up 18 percent since the President RESERVATION OF LEADER TIME threats and warnings out there and acted cautiously for the sake of their signed the tax relief bill. Home owner- The PRESIDENT pro tempore. Under loved ones. ship is up to 68.6 percent, an alltime the previous order, leadership time As our freedom to act without fear high since the President signed the tax which has not been used is reserved. was diminished, so, too, was the eco- bill. Disposable income is up 3.9 per- f nomic activity that is a reflection of cent—more take-home pay. All of this has occurred since President Bush MORNING BUSINESS that freedom. A new world of uncer- tainty was created by 9/11, and while signed the Jobs and Growth Tax Relief The PRESIDENT pro tempore. Under many have completely forgotten the Act last May. the previous order, there will now be a attacks even occurred, their full rami- We have had an extraordinary period period for the transaction of morning fications are felt today, not only mili- of economic growth. Some say the business for up to 60 minutes, with the tarily and politically but economically economy should be growing faster, but first half of the time under the control as well. their solution is to lock up the brakes of the majority leader or his designee, Despite all that, America is back and and whip a u-turn. That is what an and the second half of the time under stronger than ever, and much of that agenda of more taxes, more regulation, the control of the minority leader or strength can be traced back to the Jobs and more Government spending would his designee. and Growth Act of 2003. By letting do. Who yields time? The Senator from workers, families, and businesses keep Under President Bush’s leadership, Kentucky. more of their own money, that legisla- America is finally headed in the right f tion, along with the President’s 2001 direction. The economy is picking up tax relief, laid the foundation for eco- steam, and families, businesses, and ECONOMIC RECOVERY nomic growth and job creation, not workers across America are reaping Mr. MCCONNELL. Mr. President, this only now but for years to come. the benefits. This is not the time to week marks the 1-year anniversary of Mr. President, 111 million individuals turn backward. the Jobs and Growth Act of 2003, a bill and families will receive an average I yield the floor.

VerDate May 21 2004 02:14 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.003 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6389 The PRESIDING OFFICER (Ms. MUR- crease the program’s benefits for Na- The State fire marshal ‘‘strongly rec- KOWSKI). The minority leader is recog- tive Americans. Those nine rec- ommends discontinued use of both’’ the nized. ommendations were included in a draft elementary and high schools. f copy of the report the IG gave to BIA Two weekends ago was graduation officials for comment. weekend at Crow Creek Tribal Schools. EDUCATION OF INDIAN CHILDREN Incredibly, despite being given an ex- The school had originally planned to Mr. DASCHLE. I will use my leader tended deadline, Bureau officials failed hold the graduation ceremony outside time this morning. to respond to the draft. As a result, because the gym has been condemned— This is the cover of a recent Parade when the report was released publicly, but it rained on graduation day. So magazine. The man in this photograph it noted that ‘‘all nine recommenda- 1,500 people—the graduates, their fami- is the great-great-great-grandson of tions are considered unresolved.’’ lies and friends—crowded into a con- Sitting Bull, one of the most extraor- I do not know why the BIA failed to demned gymnasium that threatened to dinary leaders America has ever pro- even acknowledge those nine rec- fall down around them. duced. ommendations for improving the In- I ask you, what other group of chil- His name is Ron. His horse is Thun- dian school construction program; I do dren would we allow to be treated this der. He is part of the new generation of not know if it was arrogance, indiffer- way? American Indian leaders. He is a law- ence, incompetence or simply a result The BIA has committed to replace yer by training, but education is his of being overwhelmed. But I know that the Crow Creek gym—but it is unclear life’s work. He is president of the Sit- it is unacceptable. when. Tribal officials had thought stu- ting Bull College in Fort Yates, ND, on The BIA operates or funds 187 schools dents would be playing basketball in the Standing Rock Sioux Reservation, in 23 States, including South Dakota. the new gym this fall, but the con- and chairman of the President’s Board Most of these schools were built in the struction funds have once again been of Advisors on Tribal Colleges and Uni- 1940s or 1950s. Many are decades older delayed. versities. than that. Few are equipped to support In the last several months, Crow Creek schools have experienced a crisis The subtitle of this article expresses computer labs or other sorts of modern of suicides among students. Mental a fundamental truth that Sitting Bull equipment that are now considered es- health experts call such episodes ‘‘clus- taught and that people I talk with sential in most school districts. throughout Indian Country still believe I have visited BIA schools where chil- ter suicides.’’ Six young people on the Crow Creek Reservation have killed today: Education is the key to a better dren had to place trash cans beneath themselves in the last 6 months—and future for the American Indian people. the holes in the roofs to catch the rain. many more have tried. In April, there Education, more than anything else, I have been to BIA schools in which were 21 suicide attempts; the month gives a person the power to determine cold winds whipped through broken before, 28. Last month, a 14-year-old his or her own destiny. It is the most windows. I visited a school, which has girl tried to hang herself behind the el- effective tool there is to relieve the since been replaced, in which neither ementary school. She was discovered grinding poverty that exists today in the furnace nor the bathroom plumbing and cut down just in time. The most too many tribal communities through- worked. That is not keeping our prom- recent suicide was a 19-year-old young out America. ise to educate Indian children. That is When Native Americans surrendered man who had dropped out of school. a disgrace. Had he stayed, he would have grad- their lands more than a century and a The Cheyenne Eagle Butte School quarter ago, the United States Govern- uated last month. and dormitories on the Cheyenne River Clearly, the suicide crisis at Crow ment promised to provide the descend- Sioux Reservation in South Dakota Creek schools is not caused only by ants of Sitting Bull and all Native were built by the BIA around 1960. The crumbling schools. This is a complex Americans, free education, health care floor tiles in both the school and the crisis with very deep roots. It involves and other basic necessities of life, for- dormitory contain asbestos, a known public health issues and myriad other ever. That is one reason I am disturbed cause of lung cancer and emphysema. issues. by the results of two new audits by the To date, the BIA’s remediation ef- But what message does it send to Interior Department’s inspector gen- forts consist of recommending that the young people when they are forced to eral. school ‘‘keep the boiler room door try to learn in a condemned building? The first audit reveals that, over a 3- shut’’ and keep the floors waxed so the There are school buildings like the year period, the BIA’s Office of Indian tiles will not chip and flake. Crow Creek Tribal Schools throughout Education Programs used at least $5 Three years ago, the Cheyenne Eagle the BIA system. All told, the BIA million from a contingency fund for Butte School was first on the BIA’s pri- school construction backlog is esti- non-emergency purposes, including ority list for school replacement. Then mated at $1 billion. At the current staff retreats, bean bag chairs, tele- the BIA changed its criteria, and the funding levels, it would take decades to visions and puppets. This misuse of school dropped down on the list. Today, get through that backlog. contingency funds shortchanged Indian the tribe has no idea when the school In 2000, when he was running for schools of money they need for emer- will be replaced. President, then-Governor Bush met gencies. Several weeks ago, I spoke on this with tribal leaders in New Mexico and The second audit, which concerns the floor about the Crow Creek Tribal promised to invest $1 billion to fix BIA school construction program, also Schools in Stephan, SD. crumbling BIA schools. Yet, the Presi- documents numerous examples of poor Two years ago, Crow Creek’s middle dent’s proposed budget for next year management and lack of account- school was condemned and replaced cuts funding for Indian school replace- ability. It found that Indian children with modular trailers. The elementary ment for the second year in a row. are being forced to try to learn, and school and high school still need to be That is wrong. their teachers are trying to teach, in replaced. Throughout the high school, America’s commitment to build new schools that put them at undue risk of crumbling walls are supported by steel schools for children in Iraq and Af- injury because ‘‘no one in BIA ensures braces; one can see exposed electrical ghanistan is admirable, but it does not that school buildings are not occupied’’ wires. erase our treaty obligations to provide until hazards are corrected. That is The Crow Creek Council has been lob- good schools for Indian children in this shameful. bying for money to fix the schools on country. This second report also found that 30 the reservation for 25 years. Recently, The JOBS bill the Senate just passed percent of the school construction and the Crow Creek school superintendent last month includes a promising pro- repair projects it reviewed failed to received this letter from the South Da- gram that was first suggested by tribal meet the BIA’s own goal of completing kota state fire marshal. I have had it educators in my State. The program design and construction within 3 years. reprinted and enlarged here. I will would allow tribal governments to The IG made nine recommendations quote: issue school construction bonds; the that it said could strengthen the BIA [T]he buildings are dangerous and rep- Federal Government would pay the in- school construction program and in- resent a threat to life. terest and the principal on the bonds.

VerDate May 21 2004 02:14 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.005 S03PT1 S6390 CONGRESSIONAL RECORD — SENATE June 3, 2004 The BIA school construction bond pro- about early signs of economic growth might be political bad news? Much of gram would increase by about half the that would set the stage for the job the howling about the economy has number of BIA schools that are cur- creation we have been witnessing in fallen silent. But where is the consist- rently being replaced or repaired each the last 8 months. Right after I spoke, ency? If the President was to blame for year. my friend the assistant Democratic the economy before, isn’t he to be Yesterday evening, I met with two leader challenged me a bit, questioning praised for its performance now? I officials from the Porcupine school whether my prediction for a brighter can’t wait to see how this one is spun. board on the Pine Ridge Sioux Reserva- economy were not a little premature. The economy has overcome great ob- tion. Those two gentlemen are with us As the saying goes, ‘‘There is nothing stacles and is firing on all cylinders in this morning. more horrible than the murder of beau- Minnesota and elsewhere. No, we have The grade school in Porcupine is 40 tiful theory by a brutal gang of facts.’’ not died and gone to economic heaven; years old and overcrowded. The founda- What may have been a trickle of good problems remain. There is good and tion is unstable. The boiler is unreli- economic news last October has cas- bad in every economic period. But conable. There is no cafeteria; the children caded into a steady stream of good sidering where we are and what we eat their meals in the hallways. news. Even that most persistent critics have come through, this is solid, broad- The Porcupine elementary school is of the President’s economic program based and even historic progress. number two on the BIA’s school con- must now concede. The economic en- I was optimistic last October. Why? struction replacement list. School gine of America is humming. Job Because this is what always happens board officials say they have been told growth is a reality. when you give people control of more that construction on a new school Two weeks ago, I talked about a Min- of their own paychecks. could start in July—not this year, not neapolis Star Tribune article appro- Federal programs are not the engine next year, not the year after that, but priately entitled, ‘‘Minnesota Jobs of economic growth: Regular folks who in 2008—more than 4 years from now. Roar Ahead,’’ which reported that Min- save, invest and consume are. But that The new Indian school bonding pro- nesota broke all kinds of jobs records doesn’t mean there aren’t things we gram would enable us to replace and in April when Minnesota experienced can do right now to help. renovate more schools faster. the largest one-month drop ever in its For the sake of working families across the country, we need to focus on For the sake of the children at the unemployment rate and more manufac- maintaining that economic growth and Porcupine elementary school, and all turing jobs were created at a record jobs creation through a forward look- the children in crumbling and inad- pace as well. equate BIA schools throughout Amer- Today, I want to talk a little about ing legislative agenda. We need to pass an energy bill, a highway bill, and im- ica, Congress needs to get the JOBS an article in my home town paper, the portant legal reforms that alone would bill—with the BIA school construction Saint Paul Pioneer Press, entitled create 3.5 million new, and good paying plan—to the President and get this im- ‘‘Factories on a Roll.’’ The article portant program up and running as jobs. highlights that U.S. Manufacturing ac- We need to make permanent the soon as possible. tivity expanded for the 12th consecu- President’s tax code in enforcing this Once the law is signed, we are going tive month last month, and factories economic growth. We need to keep the to insist that the BIA report regularly boosted employment to meet strong de- economy going down the track it is on. to Congress on how the BIA school con- mand for their products. The optimist sees the light at the end struction program is being imple- This is true back home in Minnesota. of the tunnel. The pessimist assumes it mented and managed. We expect A regional survey by Creighton Univer- is an oncoming train. With all the evi- progress and results. We will not tol- sity economists found that Minnesota’s dence in hand, it is time to doubt the erate the lack of accountability that is ‘‘Business Conditions Index’’ rose to a doubters and call them to account. documented in the two recent audits of 10-year high. Although we saw the signs last fall the BIA’s Office of Indian Education Also, Minnesota enjoyed its best for the economic growth and jobs cre- Programs. month-to-month gain in jobs in April ation that was beginning to unfold, This chart says it so poetically and since October of 1999. The progress of some folks had doubt. But, as Presi- prophetically. More than a century ago the last few months has led number of dent Franklin Roosevelt put it better it was said the first time. Sitting Bull economists to describe Minnesota’s than a half century ago, ‘‘The only implored representatives of the Federal economy as ‘‘spectacular’’ and ‘‘breath- limit to our realization of tomorrow Government: less,’’ and indicates that employment will be our doubts of today. Let us Let us put our minds together and see opportunity in the manufacturing sec- move forward with strong and active what life we can make for our children. tor will continue to improve. faith.’’ Hopefully this continued good In that same spirit, we must now put I stand by what I said in October. The news from Minnesota and across Amer- our minds together and hold our Gov- President’s commonsense tax relief has ica will help the doubting Thomas’s ernment accountable to keep the prom- played the crucial role in helping the still among us. ises it made in trusts and treaties and economy to rebound from the recession I yield the floor. laws to Native Americans. that began during the final months of The PRESIDING OFFICER. The Sen- I yield the floor. the Clinton presidency. ator from Georgia. The PRESIDING OFFICER. The Sen- More than 1.9 million Minnesota tax- Mr. MILLER. Madam President, I ator from Minnesota. payers saw their taxes decline this year rise today to join with my colleagues f under the President’s tax relief. More in celebrating this anniversary. In 2001 than 1.2 million couples in Minnesota and again in 2003, Congress had the wis- THE ECONOMY will benefit from the reduced marriage dom to pass two bold tax cut plans. I Mr. COLEMAN. Madam President, I penalty and more than 475,000 couples firmly believe they were the key to rise today to talk about continued and single parents will see an increase turning around this economy. progress for the American economy, es- in their child tax credit. When the President came to office, pecially back home in Minnesota. I wonder if some folks on the other the economy was already taking a turn I have been coming down to the Sen- side of the aisle would still prefer I for the worse. Job growth was slowing ate floor now from time to time to talk hold my tongue while we wait for more down, the stock markets were moving about how the policies of President evidence. If so, I would suggest that in the wrong direction. A dose of Bush and a Republican majority, work- perhaps ‘‘irrational exuberance’’ has strong medicine was needed. Our Presi- ing across the aisle with some like- given way to ‘‘unreasonable pes- dent came up with a bold plan for tax minded Democratic friends in the Con- simism.’’ relief, to get more money out of Wash- gress, are putting America’s economy I would even go so far to say that one ington and put it back into the pockets back on track and Americans back to of the economy’s chief risk factors of workers and the small business own- work. today is those who continue to talk it ers who earned it. I remember back in October when I down. And why? Could it be perhaps President Bush knows, as President came down to the floor and talked that for some, economic good news Kennedy knew, and as President

VerDate May 21 2004 04:30 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.007 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6391 Reagan knew, the best way to jump- lot of things. It accelerated some tax has risen from $11 trillion to over 15 start the economy is to leave more cuts that were already passed in 2001 some trillion, an increase of about $4.5 money in the hands of the American that were being phased in very slowly. trillion. That is phenomenal growth, people. We accelerated those. We made the that is phenomenal wealth creation, When people and businesses can keep maximum tax rate 35 percent. It accel- due in large part to the tax bill we more of their own money in their own erated tax changes for families, moved passed last year because we tax cor- pockets instead of having to send it to tax credits for children from $700 to porate profits differently, because we the ‘‘National Center for Income Redis- $1,000. It gave marriage penalty relief. allowed corporations to have a bonus tribution on the Potomac,’’ it follows It meant married couples would pay 15 depreciation up to 50 percent. they will spend more and they will in- percent on taxable income up to We made tax changes and there are vest more and they will expand their $58,000. It expanded the 10-percent tax consequences to those changes we businesses more. When that happens, bracket. It cut capital gains tax rate made, positive changes. There are posi- the result is new jobs and a growing from 20 percent to 15 percent. It cut the tive changes on employment and the economy. That is exactly what has tax rate on corporate dividends. We tax unemployment rate. The unemploy- happened. the distribution of dividends from cor- ment rate has declined dramatically I was proud to be a cosponsor of those porations higher in the United States from over 6.3 percent in June of last tax relief plans which lowered the tax than any other country in the world. It year. Keep in mind, we introduced this bills for 111 million taxpayers, includ- cut that tax by more than half. It cut bill in February when the unemploy- ing 25 million small business owners. it from ordinary rates to 15 percent. ment rate was about 5.9 percent. It Americans have been using this extra It would not have happened if it were went all the way up to 6.4 percent. And money to pay their bills, get the kids not for Senator MILLER. He cospon- now, today, we are looking at an unem- in new clothes, or start a saving plans sored the bill. He made it possible. By ployment rate of about 5.6 percent—a for themselves. Small businesses are passing a budget, we passed a bill. We very significant reduction in the unem- investing in new equipment and ex- passed it with the Vice President ployment rate. So that is positive. panding their operations. Workers are breaking a tie. The net result is we Payroll growth has increased dra- opening their 401(k) statements to see have had economic growth, very sig- matically. That is usually a lagging in- the numbers are going up instead of nificant economic growth as a result of dicator. The stock market moved up down. that tax bill, as a result of the budget earlier, and now payrolls are starting As a result, our economy is on the we passed last year. to increase, with over 1.1 million jobs upswing. We have had 10 consecutive The proof is in the pudding. We have in the last 8 months alone. You can see quarters of economic growth. In the now seen the results. Both sides, Demo- the growth trend is very positive. We last 3 quarters, the economy has been crats and Republicans, said, We need to had a decline in jobs for some time. We stronger than any 3 consecutive quar- do something to stimulate the econ- were experiencing significant job ters in nearly 20 years. Jobs are coming omy. We did. We passed the package. losses. We said: We need to do some- back, too. More than 1.1 million jobs The President signed it a little over a thing to stimulate the economy. We have been created since last August year ago, May 28 of last year. Now we did. We introduced the tax cut bill in and more are on the way. Manufac- can look at the results. The results are February. We passed the bill in late turing activity is picking up, and the outstanding. So we ought to acknowl- May. Now you can see it is really start- business community is more confident edge it. ing to take off. We have had very sig- than ever that they feel this turn- We have had the most rapid expan- nificant job growth as a result of that. around taking root. sion of gross domestic product in 20 Even in manufacturing—if you look President Bush has done an out- years. The last 4 quarters averaged 4- at the trend in manufacturing over the standing job shepherding our economy point-some-odd percent: 3 percent, 8 last 40 years, it has been on a decline. through these tough times. I have one percent, 4.1 percent, 4.5 percent—the Because of some of the changes we im- wish as we celebrate this anniversary. I highest in 20 years. That has happened plemented—primarily the bonus depre- wish this Congress would take one more step with these tax cuts. I wish since we passed our package a little ciation, and, again, a change in the we would do what we should have done over a year ago. way we tax dividend distribution—you The results in the stock market have in the first place, make these tax cuts are now seeing investments in manu- been dramatic. The Dow Jones indus- permanent. facturing plants and facilities. Invest- I have asked this question before and trial average, when we introduced this ments are up in manufacturing, and in- I will ask it again: How can anyone, bill, I believe it was in February of last vestments in companies, dramatically. how can any business, make any long- year, was less than 8,000. It is over Now we are seeing growth in manufac- range plans for a business or for a fam- 10,000 now—an increase of 27 percent turing output, which has been signifi- ily with a ‘‘here today, gone tomor- from when we introduced the Presi- cant. We have had very significant row’’ tax cut, a tax policy that has a dent’s budget and introduced his bill. manufacturing output. perishable date on it, like a quart of That is dramatic. I remember telling We are also seeing, for the first time milk? my colleagues, if we eliminate double in a long time, actual growth in manu- The fastest way to show our tax- taxation on dividends, we might have a facturing employment. I used to be a payers we are serious about tax relief, Dow Jones industrial average above manufacturer. That is good news. That the fastest way to ensure this eco- 10,000. That is the way we passed it in is reversing a trend that has been on nomic growth continues, is to make the Senate, but the way it came back the books and, frankly, in progress for the tax cuts permanent. from conference, we said the tax on a long time. I yield the floor. dividends would be 15 percent. That is The point I am making is a year ago The PRESIDING OFFICER. The Sen- a big improvement over ordinary tax. we passed a bill. The bill was a big ator from Oklahoma. Corporations have to pay 35 percent on change in tax policy, a big change I Mr. NICKLES. Madam President, I their corporate profits. Then we pay in- think that has had very positive eco- compliment my colleague, Senator dividual tax of 15 percent. But as a re- nomic results. Senator MILLER said: MILLER from Georgia, for his state- sult, we now have a Dow Jones indus- Well, there is one thing we should do. ment, but also for his courage last year trial average that has risen 27 percent. This bill was passed, and it was passed in not only supporting this package The NASDAQ is actually up even more under reconciliation, which means, by but cosponsoring this package with me. than that. It surged from about 1350 in law or definition, it had to be for a set Every once in a while we do something March to today almost 2000. That is a period of time. It sunsets. We need to in Congress that makes a difference. 47-percent increase since February. make it permanent. We want these Last year, Senator MILLER helped pass That is very significant. That means growth trends to continue. We want a budget that enabled the Senate to the market cap has increased by tril- the growth in the number of jobs to pass a tax bill. lions of dollars. continue. We want to see manufac- The tax bill we passed we called the People ask, what does that mean? It turing continue to increase. We want economic growth package 2003. It did a means the value in your 401(k) funds to see GDP continue to increase.

VerDate May 21 2004 02:14 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.008 S03PT1 S6392 CONGRESSIONAL RECORD — SENATE June 3, 2004 Some people have said: Well, no, we deficit in the history of the world, the other hand, are up 28 percent at the want to take away some of those tax history of our country, was last year. same time; up 13 percent in New Jersey cuts. We want to take away some of This year we will exceed that. last year at State schools. Gas prices the tax cuts for the upper 1 or 2 per- I hope everyone understands there is are over $2 a gallon, up 34 percent in a cent. I will tell you, that will not work. spending going on like a bunch of 4-year period. Family health care pre- I was one of the architects of that plan. drunken sailors here, and the spending miums are up 36 percent. These are ex- I was the principal sponsor, with Sen- is being paid for with borrowed money. penses people have to pay every day ator MILLER, to cut taxes on capital Madam President, I yield 15 minutes out of their budgets. gains and dividends. If you try to do to my distinguished friend from New Some cite macrostatistics such as that and say, ‘‘We will leave the rate at Jersey. the GDP is growing. What is happening 15 percent for everybody in America ex- The PRESIDING OFFICER. The Sen- is, individual average weekly earnings cept for the upper 1 or 2 percent,’’ that ator from New Jersey. are up 1 percent. Health care costs are will not work. f up 36 percent. Gas prices are over $2 a To tell everybody in America, ‘‘Your ECONOMIC DISTRIBUTION gallon, and there has been a 28-percent capital gains rate is going to be 15 per- increase in college tuition. It is off the cent, unless you make over $200,000, Mr. CORZINE. Madam President, I charts. and your rate is going to be 25 percent thank my distinguished colleague from State and local taxes in almost every higher,’’ that is a real disincentive. Or Nevada. I very much appreciate him State in the country have gone up in to tell corporations, ‘‘We are going to pointing out one of the great flaws in the last 4 years. In New Jersey, the av- tax proceeds on corporate dividends at the discussion I am hearing on the erage property tax has gone up 7 per- 15 percent, and, oh, if you have income floor. It seems we only want to focus cent each year because the Federal over $200,000, we are going to tax yours on a very short period of time and a Government is not picking up its re- at 35 percent’’—and under some pro- very limited measurement or metric on sponsibilities, such as Leave No Child posals it would be much higher than how well the economy is doing. Behind, and with other mandates we I have been on the floor over the last that; they want to increase maximum have put on them for which we then 6 or 8 weeks trying to address issues on rates maybe well beyond 39.6 percent— don’t provide the money. Now we are the budget, taxes, and growth in our that is distorted, and it will undermine hearing we are going to be cutting economy. I feel very strongly that we the whole idea of saying: Wait a back on some of that. need to have this debate. I am glad it minute; let’s not tax corporate divi- There is a case for middle-class is happening because the American dends twice. Americans to say things are not so people, I think, actually understand If you tax some corporate dividends great. Average weekly earnings are up what is happening in their pocketbook at 39.6 percent on the corporate side, 1 percent. We have everything else in and their own sense of where we are in and have a corporate rate of 35 percent our budget going off the charts. the economy. It is a lot different than on top of it, you are taxing corporate It is possible, though, when we look dividend distributions of 75 percent this tsunami of good news that is being quoted and cited. at this picture of middle-class America plus, and you are discouraging people getting squeezed, that there are people from making investments in corpora- People like to talk about statistics. We need to deal with what is actually who are actually doing well in this tions and distributing those proceeds world. That is what I want to talk to their owners. Therefore, it would be going on in people’s lives. That is why a whole series of us have come down about because there are some people very counterproductive. who are better off than they were 4 So those who are making those rec- and asked that question Ronald Reagan asked in the 1980 Presidential years ago. It comes from the concept ommendations have not thought them that there is a ladder in America. Peo- through. I do not think they will work. campaign: Are you better off than you were 4 years ago? ple like to get on that ladder and climb Or if they did work, it would be very up and have great opportunity. This is counterproductive, and you would see Remember, 4 years ago, we had come through a period of creating 22.5 mil- a country that has aspirations that are GDP declining; you would see jobs de- a part of people’s lives. clining, and you would see a very lion jobs. This is an administration But we seemingly want to make sure stalled or stagnated economy. that has overseen the loss of 1.8 million the people at the top of the ladder are I think we can be proud of the fact jobs. So we have had the loss of 1.8 mil- doing really well and we are squeezing we passed the tax bill last year. The lion jobs, after creating 22.5 million the folks at the bottom. Average week- President signed it, and it has had a jobs, when we saw real income growing ly earnings, as I said, had relatively positive impact. Those are the facts, every single year. Now we are asked to flat growth. But HMO profits are up 50 just the facts. I compliment my col- say: Wow, isn’t it wonderful we have percent. There is a correlation between leagues, and particularly Senator MIL- seen such a change in the last 2 or 3 or that 38-percent increase in family LER, who made it happen. 4 months? And at what cost has that health premiums to HMO profits. I Madam President, I yield the floor. come? Mr. REID. Madam President, how As the Senator from Nevada said, we used to be a CEO so I can talk about much time is left on the majority side? have the largest deficits in the history this with some knowledge. Compensa- The PRESIDING OFFICER. There is of mankind. You can always spend tion for people who are leading cor- 2 minutes remaining on the majority yourself into economic growth. Maybe porations is up 61 percent during the side. that is what we are doing, but it is same period—one percent or zero-per- Mr. REID. We will wait until their coming at a huge cost to this genera- cent average weekly earnings growth time expires. tion and future generations. for middle-class Americans, while CEO Madam President, how much time is But that is not what I wanted to talk compensation is up 61 percent. remaining on the majority side? about today. I want to talk about who To give a little perspective, back in The PRESIDING OFFICER. There is is better off than they were 4 years 1980 the average CEO made 31 times the 10 seconds. ago. There is a clear, commonsensical lowest average worker in a corpora- The Senator from Nevada. view among people, at least in the tion. Today it is over 500 times. It grew 61 percent last year. Somebody is bet- f State of New Jersey, whom I live with every day, that things are not so well ter off, aren’t they? BUDGET DEFICITS in their home, in their bank accounts, It strikes me that the numbers are Mr. REID. Madam President, I am in their financial condition. working. Somebody is getting it and going to yield in a minute to my I will go through some of the data. somebody is not. As I said, it is most friend, the distinguished Senator from Are they better off? We have had flat visible when you compare HMO profits New Jersey. But I would hope everyone wages for the last 3 and a half years. To versus what is going on with health who has heard all these speeches under- be absolutely accurate, average weekly care costs for average Americans. It is stands the country has a deep problem earnings have grown 1 percent over 4 tough to argue that things are a lot with these huge deficits. The largest years. College tuition costs, on the better when we are seeing growth in

VerDate May 21 2004 02:14 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.010 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6393 HMO profits and growth in CEO com- $29 billion in damages and lay it on the Again, there is nothing wrong with pensation, and you wonder who is bet- shoulders of working Americans? Are getting good returns on capital or with ter off than they were 4 years ago. we going to pass it along? people working their way up the ladder Another way to look at this is to Let me talk about another issue. and being successful. But we have a lot focus on the oil companies. Are they This gets at some of the tax discussion of choices in this country, and we are better off or not? In New Jersey, we I hear so much about as being so bene- making them so that these guys up have the average cost of gasoline at ficial to everyone in the world. You here are ending up with most of the $2.04 cents a gallon. We see over $40-a- could talk about where the tax breaks benefits—unless you are one of those barrel oil. We could think about supply go. Those making $1 million or more oil companies that get an MTBE break and demand conditions and maybe tap are getting $123,000. Those in the top 1 and huge growth in profits. But the into the Strategic Oil Reserve, but that percent are getting about a $34,000 tax wages are not growing. The cost of liv- is a story for another day. break, almost $35,000. If you do the ing is going up, as is health care, col- The fact is, middle-class Americans analysis, the middle 20 percent of lege tuition, and State and local taxes, are paying the freight, $2.04 a gallon, Americans is getting about $647. That and there is so much need that I don’t and somebody is benefiting from that. is the average. understand why we are turning around Are the people paying the $2.04 better Anybody can talk about statistics. and skewing everything the way we off or are the oil companies that have They can pick it out different ways. have. seen their profits soar as the price of a They can mush all this together. They That is why I think it is fair to ask barrel of oil has gone up enormously can put the 7 footer with the 5′4′′ per- who is better off in 2004 versus 2000. Is right in front of our eyes? British Pe- son and come with an average height it the people who were at the top of troleum’s earnings are up 165 percent, that sounds as if you are 6’2’’. But the that chart, the top of the ladder or is it year over year; Chevron-Texaco, 294 fact is, so much of the tax break is ac- the people in the middle of the ladder, percent; Conoco only got 44 percent; tually going to the people who make $1 who are aspiring to get up the ladder? and Exxon is up 125 percent. million or more, the top 1 percent, and Who is benefiting from this $400 billion Thirty-four percent was the increase very little is going to middle-class or $450 billion budget deficit? I think it in the cost of gasoline for Americans. Americans. is a very hard case to make. That is middle-class folks going in, But that fits. We are only getting a 1- As the chief economist from Merril pulling up to the gas pump, putting it percent increase in mean weekly earn- Lynch said, ‘‘We’ve had a redistribu- in, paying for it. That is coming out of ings to the middle class. We are cretion of income [in this country] to the their pocket. Remember, those are the ating tax breaks that primarily go to corporate sector.’’ It is through this people who are getting a 1-percent in- those who are already doing well. capital gains distribution of dividends crease in weekly earnings. And Chev- Again, the aspiration of Americans to and cutting of the marginal tax rates. ron-Texaco has a 294-percent increase try to work their way up the ladder is It is very clear that somebody is win- in profitability. perfectly acceptable. That is the Amer- ning, but somebody is getting a little I am not against profitability. We ican dream. I know a little bit about it less of that break. I think it is very want people to be profitable. But there because I know how it happened in my hard to answer the question ‘‘who is needs to be some balance in how the life. But when you get the ladder down better off today’’ without going back economic pie is actually working for and you put it up, why roll it down? through those HMOs, CEOs, oil compa- That is what we are doing here. We folks in America. It is very troubling nies, and a lot of the folks who are are giving tax breaks to people who that some are huge winners and other gaining their income from capital as could always use them. Everybody people are getting the scraps, with a opposed to wages. could always use a tax break. But how I believe that is a tough way to argue zero-percent to 1-percent increase in are we going to fund Leave No Child to the American people that things are real weekly earnings. Behind? How are we going to deal with going really well in the economy. I There is another group besides HMOs making sure special education is prop- think we have an answer to the ques- and CEOs and oil companies. There is erly funded? When are we going to get tion. We have seen someone do better, the issue of those who actually despoil it that we need to make sure we share and it is those who have had that redis- our environment. It sort of goes at the the benefits in this society? This tribution to them through the tax sys- oil company topic. Instead of debating makes almost no sense. tem. That is something we need to de- how we are going to get the price of oil It is not an issue of class warfare. It bate on the Senate floor, we need to de- down, House Republicans are now in- is how do we make sure every Amer- bate it among the American people, sisting on giving oil companies immu- ican has an opportunity to have access and we need to come to a conclusion nity in cases where they have contami- to the American dream. about who really deserves to have the nated ground water with MTBE. In It is incredible to hear some of the fair benefits as we go forward. New Jersey, there is a serious problem discussions that go on. By the way, I I yield the floor. because we have MTBE all over the want to take this one step further. One The PRESIDING OFFICER. The Sen- State, and it is increasingly thought to of the reasons this number is so high ator from Nevada is recognized. cause all kinds of health problems. We and this is so low is so much of that in- Mr. REID. Madam President, I direct are proposing to give a break to the oil come comes in the form of capital— a question to my friend from New Jer- companies—the ones making 294 per- capital gains, dividends—and people sey. Would my friend agree that these cent higher profits this year than they with capital gains and dividends are huge deficits that are piling up at undid last year—a $29 billion break in paying 15 percent. But if you are work- precedented rates are also, long term, damages in 43 States around the coun- ing and you are up in the $40,000, very damaging to our economy? try. $50,000, $60,000 area, you are paying 28 Mr. CORZINE. The Senator from Ne- Who is better off today than they percent; your marginal rate is signifi- vada asks a particularly appropriate were 4 years ago? Is it the oil compa- cantly higher. question. Anytime the Federal Govern- nies or the people potentially exposed We are charging more for working ment is competing for money in the to MTBE? By the way, I could go on to people’s earnings than we are for cap- capital markets, instead of us having ‘‘polluter pays’’ taxes; who is paying, ital. I don’t think that is right. I don’t that money go into the private sector, who is not paying, for clean air. You think it is right that we turn around instead of being invested in the kinds could go through a whole series of envi- and allow situations where somebody of growth you see in Nevada or what we ronmental applications and ask, who is pays a 15-percent marginal rate against hope will happen in New Jersey, it un- winning, who is losing. some kind of income—i.e., capital in- dermines the economic health of the This is not about class warfare. This come—and we charge much higher country, and we have fewer jobs, wages is about who is winning and who is los- rates for the poor guy who has to go to are less, and you get a negative cycle. ing: a 294-percent profit increase, or are work every day. Why are we It is absolutely dangerous to the we actually going to deal with MTBE? advantaging capital over wages? It longrun health of this country. Are we going to have the resources to makes no sense and we end up with a Mr. REID. Would the Senator also clean it up? Or are we going to take the distribution like this. agree that during the last 3 years of

VerDate May 21 2004 02:14 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.012 S03PT1 S6394 CONGRESSIONAL RECORD — SENATE June 3, 2004 the Clinton administration, we were To mention a road in Las Vegas or not an amount you can put on the loss actually spending less money as a Fed- here on the capital beltway as being a of a life. In addition, we have a situa- eral Government than we were taking place to stay away from during rush tion where we talk about 43,000 peo- in—meaning we were paying down the hour, certainly everybody understands ple—more than 43,000 people—being debt? Was that not a good sign for the that. Is there going to be an accident killed, but hundreds of thousands of economy, to the rest of the world, and in the morning? Maybe there was an people are injured. People become par- to our own taxpayers? accident. Maybe it is just routine con- alyzed. People lose eyes. I have visited Mr. CORZINE. The Senator from Ne- gestion that creates difficult problems. a facility in Las Vegas where they deal vada is leading the witness because at People sit, losing precious time they with head trauma. The vast majority that point in time we were in the proc- could be spending with their families of people in that facility are the result ess of creating 22.5 million jobs over or getting to work and getting things of automobile accidents. that 4 years—10 million in the last sec- done. But they are stuck in traffic. This year, Americans will lose more tor. People would earn money and As the Senator from New Jersey and than 3.6 billion hours to traffic conges- spend money, and it would multiply I have talked about on the floor of the tion. That is 3.6 billion hours they will through the economic system. We were Senate a lot of times, the price of gaso- not be able to spend with their fami- creating wealth in the greatest single line is tremendous. You sit there with lies, their friends, or at work. The cost period of time, when the Federal Gov- your car idling, wasting precious fuel. of wasted fuel will be about $70 billion. ernment was running from the pulling In Nevada, there are places now where The bipartisan Senate bill—and it down of capital and stayed out of the you are paying $2.70 a gallon for gaso- was bipartisan, led by the distin- capital markets and put money where line. People are locked in these traffic guished chairman of the committee, it was most efficient. jams that are unbelievably difficult. Senator INHOFE, and the ranking mem- What we are doing right now is set- They keep us away from our families ber, Senator JEFFORDS—this bipartisan ting up a dynamic that will reverse and our work, and that also adds to the Senate bill invests $318 billion over 6 that. We are going to see less invest- stress of the individual involved. years, allowing States to improve safe- ment over a period of time because the But while Americans are stuck in ty and reduce congestion on roads. Federal Government has taken up all traffic all over America, a bill to get Even this big bill is only an effort to the dough and it is going to show lower America moving again is stuck in Con- keep a level playing field. We do not growth in jobs, lower creation of gress. The highway bill is stuck in Con- make any advancements, as we prob- wealth, and nobody will argue that the gress. Why? Where is it stuck? It is ably should, but at least it allows us to longrun deficits at the level we are across this great Capitol in the House tread water in most places to keep running them now make any sense for of Representatives. They have refused from drowning with the problems we this country. I don’t think anybody to appoint conferees so that we can go have with traffic in our country. The would argue that—with the kinds of $318 billion represents an investment in policies we have now, our taxes are to conference. We were able to work out an arrange- our transportation infrastructure, pro- about 15.5 percent of GDP. They were ment in the Senate where we appointed tects our economy and quality of life, about 18 percent when this administra- very good conferees. The Republicans and it creates hundreds of thousands of tion came in. But we have grown have 11 and the Democrats have 10. jobs. Why the President would pick spending under this administration and They are anxious to go to work and do this vehicle to flex his muscles is some- the Congress, led by the other side of the aisle, up to about 21 percent. Presi- something about the comprehensive 6- thing I do not understand. There have dent Clinton’s administration cut that year surface transportation bill on been other issues that have come out of to about 18 percent—a little lower, be- which we have to work. this Congress that maybe he should The House passed a version. The Sen- cause we were running surpluses. The have taken a look at, but certainly not ate passed a version. We like ours bet- track we are on is absolutely a potion the highway bill. It creates hundreds of ter, but they are both bills on which we for disaster. thousands of jobs. Mr. REID. Madam President, every- need to work out the differences. We need to move forward on this leg- body within the sound of my voice During the Memorial Day recess, islation. I think we need to let every- should understand that the distin- staffs held bicameral meetings to begin one know that the House of Represent- guished Senator from New Jersey is a a dialog between the two bodies. But atives is the cause of our not moving person who understands the business because the House has not appointed forward on this bill. If the House ap- world. Before coming to the Senate, he conferees, these meetings mostly dealt pointed conferees today, we might be was one of the Nation’s leading eco- with procedural matters. In effect, we able to complete this conference by the nomic advisers, a person who had been did not do much. end of the Congress, but it is going to so distinguished in the economic world I cannot imagine why the House is be a close call. There is so much work that he was known all over the United taking so much time to appoint con- to do, and we need the House to work States and in many parts of the world. ferees. We are losing weeks of valuable with us, not against us. When the Senator from New Jersey time. Before we can get to the meat of There are some reports that the speaks about aspects of our economy, this bill and sit down with members of chairman of the full committee in the people should really listen. the conference to take votes on issues, House—and I have not talked with him; staffs have to spend weeks going over he is my friend—does not want a bill; f this very complicated bill. It is a 6-year that he is so disappointed with what THE HIGHWAY BILL bill. It is a bill of hundreds of pages has happened with the White House Mr. REID. Madam President, today dealing with problems we have with that he just says: I don’t want a bill. many people in the Chamber came to our highways and problems we have I hope that is wrong. I am confident work extremely early. The reason is with our transit systems all over the Members of the Senate and the they wanted to avoid being stuck in America. We need to have something House can work out the differences on traffic. They got up early in the morn- done yesterday. We need to meet this this legislation, and we will do it with ing. They came to work earlier than country’s growing transportation needs the number that will be appropriate to they were required to come to work be- which are improving safety and reliev- take care of the needs of this country. cause they were afraid of being late for ing congestion. I think $318 billion is a good figure. If work because of the traffic jams in the In 2003, the last year for which we the President vetoes the bill, it will Washington, DC, area. You may say, have statistics, more than 43,000 people just be overridden. I have spoken with well, Washington is a unique place. But in America lost their lives on our the leadership in both the House and it is the same in Las Vegas, Reno, or roads, the highest number of fatalities the Senate, and they acknowledge that anyplace else in our country. We have since 1990. In addition to the personal would happen. But please let the Mem- traffic jams, highway problems, too few tragedy associated with these acci- bers vote to do this. mass transit systems, and those we do dents, they cost an estimated $137 bil- Again, all the Senators who have have need renovation and replenish- lion each year in property losses, pro- come to me and asked what is hap- ment. ductivity, and medical costs. There is pening to the highway bill, I say we

VerDate May 21 2004 02:14 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.015 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6395 have done everything we can in the Mr. REID. Mr. President, if I could be AMENDMENT NO. 3261 Senate. It is now up to the House to ap- heard, reserving the right to object, it Ms. CANTWELL. Mr. President, I point conferees. Once that is done, we is my further understanding this would have an amendment at the desk. will move as quickly as possible to have no bearing on our voting in 5 min- The PRESIDING OFFICER. The solve the differences we have with the utes on the two amendments. Is that clerk will report. House of Representatives and move for- right? The legislative clerk read as follows: ward on this bill. Mr. CRAPO. That is correct, Mr. The Senator from Washington [Ms. CANT- I yield my time back and urge we President. WELL], for herself, Mr. HOLLINGS, Mrs. MUR- move to the legislation. I suggest the The PRESIDING OFFICER. Is there RAY, Mrs. CLINTON, Mrs. FEINSTEIN, Mr. LAU- TENBERG, and Mr. SCHUMER, proposes an absence of a quorum. objection? amendment numbered 3261. The PRESIDING OFFICER (Mr. EN- Ms. CANTWELL. Mr. President, I ob- Ms. CANTWELL. Mr. President, I ask SIGN). The clerk will call the roll. ject. unanimous consent that the reading of The assistant legislative clerk pro- The PRESIDING OFFICER. The objection is heard. the amendment be dispensed with. ceeded to call the roll. The PRESIDING OFFICER. Without The Senator from Idaho. Mr. REID. Mr. President, I ask unan- objection, it is so ordered. Mr. CRAPO. Mr. President, I there- imous consent that the order for the The amendment is as follows: fore ask unanimous consent that it be quorum call be rescinded. (Purpose: To ensure adequate funding for, The PRESIDING OFFICER. Without made in order that I be allowed to and the continuation of activities related objection, it is so ordered. amend my amendment in the form of to, the treatment by the Department of f amendments that are at the desk at Energy of high level radioactive waste) this time. The purpose of this request Beginning on page 384, strike line 3 and all CONCLUSION OF MORNING is that there has been some question that follows through page 391, line 7, and in- BUSINESS raised in regard to the South Carolina sert the following: The PRESIDING OFFICER. Morning language, as to whether it creates any SEC. 3117. ANNUAL REPORT ON EXPENDITURES business is closed. precedential value in regard to other FOR SAFEGUARDS AND SECURITY. (a) ANNUAL REPORT REQUIRED.—Subtitle C f States which are dealing with radioactive materials and the handling of of title XLVII of the Atomic Energy Defense NATIONAL DEFENSE AUTHORIZA- Act (50 U.S.C. 2771 et seq.) is amended by them. We do not believe there is such a adding at the end the following new section: TION ACT FOR FISCAL YEAR 2005 precedential effect and we believe it is ‘‘SEC. 4732. ANNUAL REPORT ON EXPENDITURES The PRESIDING OFFICER. Under very clear there is not, but because FOR SAFEGUARDS AND SECURITY. the previous order, the Senate will re- some have raised that question, we ‘‘The Secretary of Energy shall submit to sume consideration of S. 2400 which the would like to simply amend the legisla- Congress each year, in the budget justifica- clerk will report. tion that is before us today to make it tion materials submitted to Congress in sup- perfectly clear there is no precedential port of the budget of the President for the The legislative clerk read as follows: fiscal year beginning in such year (as sub- A bill (S. 2400) to authorize appropriations effect of this language on any State mitted under section 1105(a) of title 31, for fiscal year 2005 for military activities of other than South Carolina. United States Code), the following: the Department of Defense, for military con- For that reason, I ask unanimous ‘‘(1) A detailed description and accounting struction, and for defense activities of the consent that I be allowed to amend my of the proposed obligations and expenditures Department of Energy, to prescribe per- own amendment, which is at the desk, by the Department of Energy for safeguards sonnel strengths for such fiscal year for the in the form of an amendment which we and security in carrying out programs nec- Armed Services, and for other purposes. have presented to the other side. essary for the national security for the fiscal Pending: Mr. HOLLINGS. I object. year covered by such budget, including any technologies on safeguards and security pro- Graham of South Carolina amendment No. The PRESIDING OFFICER. The ob- posed to be deployed or implemented during 3170, to provide for the treatment by the De- jection is heard. such fiscal year. partment of Energy of waste material. Mr. REID. I ask for regular order. ‘‘(2) With respect to the fiscal year ending Crapo amendment No. 3226 (to amendment The PRESIDING OFFICER. The Sen- in the year before the year in which such No. 3170), of a perfecting nature. ator from Idaho. budget is submitted, a detailed description The PRESIDING OFFICER. The Sen- Mr. CRAIG. Has the 5 minutes been and accounting of— ator from Nevada. used that the Senator requested for de- ‘‘(A) the policy on safeguards and security, Mr. REID. It is my understanding, bate? including any modifications in such policy under the order that is before the Sen- The PRESIDING OFFICER. There adopted or implemented during such fiscal ate, the first order of business would be was an objection to the Senator’s 5- year; two voice votes on two amendments ‘‘(B) any initiatives on safeguards and se- minute request. curity in effect or implemented during such pending. Is that right? Mr. REID. Regular order. fiscal year; The PRESIDING OFFICER. Two Mr. CRAIG. I ask to speak for up to ‘‘(C) the amount obligated and expended amendments were to be disposed of. 2 minutes. for safeguards and security during such fis- Mr. REID. Mr. President, if I could Mr. REID. Objection. cal year, set forth by total amount, by take a minute. The PRESIDING OFFICER. Objec- amount per program, and by amount per fa- The PRESIDING OFFICER. The Sen- tion is heard. cility; and ator from Nevada. The question is on agreeing to ‘‘(D) the technologies on safeguards and se- Mr. REID. In our conversations be- amendment No. 3226. curity deployed or implemented during such fiscal year.’’. fore the Senate was called back into The amendment (No. 3226) was agreed (b) CLERICAL AMENDMENT.—The table of session, the Senator from Idaho indi- to. contents for that Act is amended by insert- cated he would like to speak for 5 min- The PRESIDING OFFICER. The ing after the item relating to section 4731 the utes prior to those two voice votes and question is on agreeing to amendment following new item: that time would be credited against the No. 3170, as amended. ‘‘Sec. 4732. Annual report on expenditures for 2 hours the majority has on the under- The amendment (No. 3170) was agreed safeguards and security.’’. lying Cantwell amendment. I under- to. SEC. 3118. AUTHORITY TO CONSOLIDATE COUN- stand he is going to make that request. The PRESIDING OFFICER. The Sen- TERINTELLIGENCE OFFICES OF DE- PARTMENT OF ENERGY AND NA- The PRESIDING OFFICER. The Sen- ator from Nevada. TIONAL NUCLEAR SECURITY ADMIN- ator from Idaho. Mr. REID. It is now my under- ISTRATION WITHIN NATIONAL NU- Mr. CRAPO. Mr. President, I ask standing the Cantwell amendment will CLEAR SECURITY ADMINISTRATION. unanimous consent that I be allowed 5 be reported. It has not been reported (a) AUTHORITY.—The Secretary of Energy minutes taken out of our side of the yet, is that true? may consolidate the counterintelligence programs and functions referred to in sub- time that is allocated during this The PRESIDING OFFICER. Under section (b) within the Office of Defense Nu- morning’s debate to discuss an issue the previous order, the Senator from clear Counterintelligence of the National and make a unanimous consent re- Washington, Ms. CANTWELL, is recog- Nuclear Security Administration and pro- quest. nized to offer her amendment. vide for their discharge by that Office.

VerDate May 21 2004 02:14 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.018 S03PT1 S6396 CONGRESSIONAL RECORD — SENATE June 3, 2004 (b) COVERED PROGRAMS AND FUNCTIONS.— hours of debate equally divided on the State agreement is in place, and most The programs and functions referred to in amendment. importantly that DOE can move for- this subsection are as follows: The Senator from Idaho. ward in this fiscal year to spend some (1) The functions and programs of the Of- Mr. CRAIG. Mr. President, I will take $97 million in cleanup they are now fice of Counterintelligence of the Depart- but a few moments because the Sen- saying they cannot do because the ad- ment of Energy under section 215 of the De- partment of Energy Organization Act (42 ator from Washington is on the floor to vice from their attorneys and the ad- U.S.C. 7144b). debate her amendment. It is an impor- vice from OMB is not to spend; they do (2) The functions and programs of the Of- tant and serious amendment she not have a clear path forward. fice of Defense Nuclear Counterintelligence brings, but what she has refused to We believe the legislation offered by of the National Nuclear Security Adminis- allow Idaho to do this morning, by ob- Senator CRAPO offers that clear path tration under section 3232 of the National jecting to the unanimous consent re- forward, and clearly that is the direc- Nuclear Security Administration Act (50 quest of Senator CRAPO, is to deny tion we want to go, to assure Idaho’s U.S.C. 2422), including the counterintel- Idaho and Washington the right to as- agreement, to assure Washington is on ligence programs under section 3233 of that sure that the legislation that was firm ground but, most importantly Act (50 U.S.C. 2423). that we do not lose 12 or 14 months of (c) ESTABLISHMENT OF POLICY.—The Sec- passed is not precedent setting to the retary shall have the responsibility to estab- agreements Idaho and Washington now cleanup and that the $97 million slated lish policy for the discharge of the counter- have. to head to Idaho drifts off and is spent intelligence programs and functions consoli- In 1995, Idaho’s Governor Phil Batt, somewhere else, along with the cleanup dated within the National Nuclear Security with my assistance, negotiated a mile- money for Washington being spent Administration under subsection (a) as pro- stone agreement with the Department somewhere else. vided for under section 213 of the Depart- of Energy on the cleanup and removal We want it on the ground at Hanford. ment of Energy Organization Act (42 U.S.C. of nuclear waste in Idaho. After that We want it on the ground at the INEEL 7144). in Idaho Falls doing what DOE and agreement was in place, I teamed with (d) PRESERVATION OF COUNTERINTELLIGENCE Idaho and Washington are proceeding the then-Senator, now Governor, Dirk CAPABILITY.—In consolidating counterintel- to do. At the same time, I cannot, nor ligence programs and functions within the Kempthorne, to codify that agreement will I, step in front of a State that has National Nuclear Security Administration into law as a provision in an annual worked its way through its process and under subsection (a), the Secretary shall en- Department of Defense authorization. sure that the counterintelligence capabili- believes it is on safe ground to move What Senator GRAHAM of South Caro- forward with its cleanup. ties of the Department of Energy and the Na- lina has done Idaho did in 1995. That tional Nuclear Security Administration are There are some five tanks in South in no way degraded or compromised. became the basis for Idaho to operate Carolina to be cleaned up. Others are (e) REPORT ON EXERCISE OF AUTHORITY.—In and in large part then for Washington being cleaned up now. I am sure South the event the Secretary exercises the author- to proceed to begin the cleanup of a Carolina wants that process to go for- ity in subsection (a), the Secretary shall sub- very serious problem the State of ward. We all know in a rulemaking mit to the congressional defense committees Washington has at Hanford. process, and the vetting that goes for- a report on the exercise of the authority. Certainly, the Senator from Wash- The report shall include— ward in a rulemaking process, we may ington and I, and my colleague from well be 24 months away from that kind (1) a description of the manner in which Idaho, recognize the complexity and the counterintelligence programs and func- of a decision once the rule is made, tions referred to in subsection (b) shall be the seriousness of this problem. That is once it is tested, once it is aired in the consolidated within the Office of Defense Nu- not in dispute. When DOE then asked public and, I am quite confident, once clear Counterintelligence of the National to change and modify some of those re- two or three lawsuits are filed against Nuclear Security Administration and dis- lationships, a judge said, no, you can- it. Idaho does not have that kind of charged by that Office; not do that without a rulemaking proc- time, nor does the State of Wash- (2) a notice of the date on which that Office ess. DOE has determined to go ahead ington, nor does the State of South shall commence the discharge of such pro- with that, but up until then they have Carolina. We want cleanup. We want grams and functions, as so consolidated; and said, their attorneys have said and the (3) a proposal for such legislative action as cleanup now. And we want it to meet the Secretary considers appropriate to effec- attorneys at OMB have said, you do not the standards under the Nuclear Waste tuate the discharge of such programs and have a clear path forward to cleanup. Policy Act. We believe what we are functions, as so consolidated, by that Office. Idaho disagrees and Washington dis- doing offers that, profoundly. (f) DEADLINE FOR EXERCISE OF AUTHOR- agrees. Now we are here to debate what the ITY.—The authority in subsection (a) may be At the same time, DOE does not plan Senator from Washington and I believe exercised, if at all, not later than one year to spend the money, denying us the is a disagreement between the two of after the date of the enactment of this Act. cleanup we expect and we believe is us. I don’t disagree with all of her bill. SEC. 3119. ON-SITE TREATMENT AND STORAGE under the milestone agreement crafted OF WASTES FROM REPROCESSING I certainly support parts of it. But ACTIVITIES AND RELATED WASTE. by Idaho, accepted by DOE, and accept- what I do disagree with is that the (a) Notwithstanding any other provision of ed by this Senate in 1995. State of Washington or Idaho or South law the Department of Energy shall continue What the Senator from Idaho tried to Carolina or any one of the sovereign 50 all activities related to the storage, redo, and the Senator from Washington States of our Nation cannot sit down trieval, treatment, and separation of tank refused to allow him to do, which is with a Federal agency, under Federal wastes currently managed as high level ra- very frustrating to understand, is to law, and craft an agreement that gets dioactive waste in accordance with treat- assure any action taken today that them to the appropriate cleanup, ac- ment and closure plans approved by the state South Carolina would want to take, in which the activities are taking place as ceptable by the environmental commu- part of a program to clean up and dispose of that their Governor, their attorney nity in South Carolina, by their Gov- waste from reprocessing spent nuclear fuel general and their environmental agen- ernor, by their attorney general. That at the sites referred to in subsection (c). cies want to take, is no way precedent is exactly what Idaho did in 1995, ex- (b) TOf the amount authorized to be appro- setting against the court agreement or actly what Idaho’s Senators, myself priated by section 3102(a)(1) for defense site against the Idaho relationship and and then-Senator Dirk Kempthorne, acceleration completion, $350,000,000 shall be agreement Governor Batt crafted and brought to this Senate floor and available for the activities to be undertaken that the State of Washington has. brought to the Defense authorization pursuant to subsection (a).’’. Is that confusing to anyone? Well, it bill—and this Senate passed it. (c) SITES.—The sites referred to in this sub- should not be. There are fairly clear section are as follows: Why should we deny or refuse those (1) The Idaho National Engineering and lines out there. I do not understand kinds of State relationships? Does the Environmental Laboratory, Idaho. why we are not allowed to clarify that Federal Government in all instances (2) The Savannah River Site, Aiken, South at this moment. If we cannot, then we totally dominate as long as the State Carolina. will clarify it in other ways over the is within the construct of the law, the (3) The Hanford Site, Richland, Wash- course of the action on this bill. Federal law that governs nuclear ington. There are a variety of vehicles we waste, because that is within the sole The PRESIDING OFFICER. Under can take because it is paramount that jurisdiction of the Federal Govern- the previous order, there will be 4 we, as we think we have, assure our ment. We all understand that. I don’t

VerDate May 21 2004 02:14 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.001 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6397 think so. I think South Carolina did Why are we in this predicament? Why are trying to do that without having what they felt they needed to do. DOE are the American people waking up on the proper hearings, without going agrees with them. Now, by action, a this day finding out that a national de- through the proper committees of ju- voice vote of this Senate, the Senate bate is about to ensue about changing risdiction, without giving people agrees with them. Let’s affirm that, the definition of high-level waste? And enough time and enough notice on this protect the State of Washington and that affects every State in this coun- issue. protect the State of Idaho, make sure try. If you are going to allow one State We could continue this debate for their agreements are what we want and the DOE to negotiate and change many days and not clearly give the them to be, and move forward. The the definition of high-level waste, why American people the insight to 30 years Idaho Governor and the Idaho congres- not just change the definition of trans- of history of nuclear waste policy. But sional delegation stand united in that uranic waste or other kinds of waste let’s look at the various definitions of position and in that opinion. and then, obviously, have that defini- nuclear waste because it is an immense I yield the floor. tion apply to States on transportation framework, that 50 years of disposal The PRESIDING OFFICER. The Sen- issues, on storage issues, and many law, and what is high-level waste and ator from Washington. The Senator other issues? its definition. It is under the Nuclear from Washington controls the time. Let’s review where we are and why I Waste Policy Act. What is spent nu- Ms. CANTWELL. Mr. President, I am am so concerned, because it impacts clear fuel? It is a definition under the going to start this debate on the Cant- Washington State. The Hanford Res- Nuclear Waste Policy Act. That is well amendment, which is the pending ervation in Washington State has 50 what this underlying bill tries to amendment before us, and take 15 min- million gallons of highly radioactive change, the Nuclear Waste Policy Act utes or so, if the Chair will give me rec- nuclear waste that is already leaking definition of ‘‘nuclear high-level ognition of that time being up. Then, into the ground water. You can see the waste’’ and how spent nuclear fuel can depending on how we organize the de- Hanford Reservation site here, and the be treated. That is being done without bate, I would like to defer to Senator Columbia River. Imagine my concern a full debate and hearings in the proper HOLLINGS of South Carolina because about tanks leaking into the ground committees of jurisdiction. What DOE this impacts him. and the fact that leakage contaminates and South Carolina are trying to do is We are here today to talk about ground water, and that affects the Co- change that definition so they can whether we as a body want to change lumbia River, a major tributary leave some of that storage in the the Nuclear Waste Policy Act and rede- through the Northwest. It affects the tanks. fine high-level waste as something vitality of our economy in many My colleagues would like to say this other than waste that should be taken ways—in fishing, in tourism, in energy does not set a precedent. I can tell you out of tanks in Savannah River, out of generation. No one in the region wants that is not the way it is being viewed Washington State Hanford tanks to be to believe that somehow radionuclides around the country. It certainly is set- stored in a permanent repository, or are now in the Columbia River—which, ting a precedent. In fact, the Min- whether we are going to leave some of in fact, they are—and that it is going neapolis Star Tribune said this provi- that in the tanks in the ground and to grow to an amount where we cannot sion: have ground water continue to be con- protect humans, fish, and safe drinking . . . would also set a troubling precedent for taminated. water. But that is where we are head- waste handling in other states. . . . If short- What my colleagues on the other side ing if we don’t clean up this nuclear cuts can be taken at Savannah River, why of the aisle have done is put into the waste. not at Prairie Island? Defense authorization bill a change to What does it really look like at Han- In their site? Why not Idaho, in their nuclear waste policy. It is a change in ford today? I point out to my col- facility? Why not as you deal with 30 years of science and policy in this leagues, because the Hanford site, transuranic waste in New Mexico, in country that says that spent nuclear which is on the map here—you can see Arizona, or in other States? Because if fuel from reactors is highly radio- this is the entire Hanford site. This is you are going to give States and DOE active, high-level waste, and should be the picture showing the Columbia the ability to just negotiate definitions reprocessed into glassified logs, vitri- River. This red spot here is the con- and change them, why are we stopping fied logs, and taken to a permanent taminated ground water that is already here with tank waste? storage site. leaking into the ground from tanks at Why aren’t we considering other DOE is now trying to say some of Hanford. It is an 80-square-mile area. things? This is an issue that needs the that we can leave in the tanks. We That is a plume of various chemicals full attention of this Congress. It needs don’t know how much. We would like that have already leaked out of the the full attention not only of the Mem- to just say it is generally up to our dis- tank at Hanford. Similar leakage is bers who come from States where we cretion and leave some of that in the happening at Savannah river. How this have ground water leaking and con- tanks and thereby not be clear with is going to be cleaned up given that the tamination. Members should realize the Congress about what level. That is leakage is already starting to affect this vote is about changing a Federal a change to the Nuclear Waste Policy the Columbia River is a major issue for policy that has been 30 years on the Act. The Nuclear Waste Policy Act in the Northwest. books without the debate and without 1982 set the standard. If my colleagues So we don’t take lightly the fact that the science. This is an inappropriate want to have a debate about changing DOE has now snuck into the Defense time to be changing this policy. the Nuclear Waste Policy Act, this authorization bill a change in the Nu- What about the waste we have in Senator is more than willing to have clear Waste Policy Act that would re- these States? One report I will read for that debate, have the proper hearings, classify this waste and say some of it is some of my colleagues before I turn it have the proper process, and have the low level and we can simply grout it. over to the Senator from South Caro- debate. By that they mean they can pour ce- lina who wants to make a few points The actual jurisdiction for that is the ment and sand on top of it and say that about this, the ground water contami- Energy Committee, and that is what it is now fixed. nation at Savannah River is just as se- the Parliamentarian has ruled, that I ask the question of my colleagues, rious as it is in Washington State. Yes, the DOD authorization bill through the If DOE and the State of South Carolina they have fewer tanks than we do in Senate Armed Services Committee was had the authority to make a decision Washington State, but it is some of the not the appropriate authority for on this and work together, why don’t most contaminated waste that exists. changing the Nuclear Waste Policy they just do it? If they are not trying I am very concerned that we actually Act, the language that conflicts with to change existing law, why don’t they do something to clean up the ground that within the underlying Graham just come together and make an agree- water. This report entitled ‘‘Nuclear amendment that we just modified—the ment on cleanup? They are not because Dumps By The Riverside: Threats to underlying bill language which was they are trying to change existing law. the Savannah River from Radioactive just modified by the Graham amend- They are trying to change the defini- Contamination at the Savannah River ment. tion of what is high-level waste. They Site,’’ which was done in March of this

VerDate May 21 2004 02:14 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.022 S03PT1 S6398 CONGRESSIONAL RECORD — SENATE June 3, 2004 year, says that the contamination in [I]t would be a huge step backward, rein- doesn’t,’’ she said. ‘‘There are bodies of the ground water and surface water forcing public fears about our nation walk- water, with the potential of nuclear waste in often greatly exceeded safe drinking ing away from nuclear cleanup obligations. them, that flow through many parts of our country.’’ water limits in both radioactive and I ask unanimous consent to have Crapo said he and Craig are willing to nonradioactive toxic materials. This printed an article from the Idaho strengthen the language in Graham’s amend- material threatens the Savannah River Statesman in which former Governors ment to ensure it doesn’t threaten Idaho, if and possibly other resources in the re- Cecil Andrus and Phil Batt said the necessary. Under the 1995 agreement, the fed- gion and comes from the radioactive same thing, that to adopt this legisla- eral government is required to remove spe- hazardous waste being dumped in tion could jeopardize the full imple- cific nuclear waste at the INEEL to certain trenches, contaminated soil, and from mentation and agreement. specifications and under deadlines, or face monetary penalties. the high-level waste tanks that are not There being no objection, the mate- If DOE doesn’t respect the deal, shipment being retrieved. rial was ordered to be printed in the of spent nuclear fuels to the INEEL from This is a report saying it is leaking RECORD, as follows: Navy reactors would have to stop. into the ground water at Savannah [From the Idaho Statesman, June 3, 2004] ‘‘All I’m saying is leave our agreement alone,’’ Batt said. River, that it is causing an impact; it FORMER GOVERNORS RAISE CONCERN ABOUT is contaminating that ground water; it DOE BILL ON NUCLEAR WASTE Ms. CANTWELL. Obviously, we want is causing pollution in the Savannah Two former Idaho governors urged Idaho’s to move forward with the language River. I find that very much a concern. senators Wednesday to defend a 1995 nuclear that Kempthorne’s office and others in In Washington State, along the Co- waste agreement as they vote today on two our State of Washington and others say lumbia River, this stretch of the Co- Department of Energy issues. to DOE, to move ahead on your cleanup lumbia River has one of the largest Former Gov. Cecil Andrus and Phil Batt plans under the current law, which bedding grounds for salmon in our raised concerns about an amendment to the says that hazardous nuclear fuel, spent State. Now those fish are being con- $450 billion annual defense budget bill, which nuclear fuel, needs to be taken out of would allow DOE to leave some radioactive taminated in a similar way if we do not tanks, glassified, and put into a perma- waste in the ground in South Carolina. nent repository. That is what we have come up with an effective cleanup plan. Critics say the bill threatens the agree- What is the tritium and drinking ment Batt negotiated for removal of nuclear been working toward. water standard at Savannah River? waste from the Idaho National Engineering This is not a debate we should be Water that is tritium-tainted is far and Environmental Laboratory. Idaho’s two having in one afternoon on the Senate more dangerous to children and devel- Republican senators say it doesn’t. floor. It is far more complex than that. oping fetuses than to adults. Recent re- ‘‘We caution our congressmen not to adopt This Senator certainly did not want to search indicates the current safe drink- legislation which would in any way alter or have this complex debate on the Senate jeopardize the full implementation of the ing water standards for tritium are not floor. This Senator wanted this policy agreement,’’ Andrus and Batt said in a joint to go through the normal channels for adequate to protect developing fetuses statement. to the level comparable for that of non- discussion. Idaho’s Republican U.S. Sens. Mike Crapo This Senator did not fill the amend- pregnant adults. and Larry Craig say they agree with Batt What are we saying to people at Sa- and Andrus, but believe the bill doesn’t ment tree last week with a process in vannah River? Do not go fishing in the threaten Batt’s agreement. They say a sec- which this Senator had to object just Savannah River? Do not provide some ond amendment they sponsor, which also is to get a vote. So now we are having a sort of safety for consumers who are up for a vote today, would restore $95 million debate which gets a time limit on my depending on that? to the budget to ensure DOE keeps its com- amendment. But this Senator was not mitment to Idaho. The report goes on and talks about the person who set this process in mo- ‘‘We are working overtime now, not only tion. I will stand here and debate the subsistence fishing in the Savannah to honor those commitments, but to secure River. We have many tribes in the policy that is before the Senate. the necessary monies to allow the cleanup to Mr. ALLARD. Will the Senator yield? Northwest that fish out of the Colum- continue at the INEEL,’’ Craig said. Ms. CANTWELL. I yield. bia River, too. We are not going to pro- Craig and Crapo find themselves at odds Mr. ALLARD. We did have a com- tect them because the level of contami- with Idaho Gov. Dirk Kempthorne and Ida- ho’s two Republican U.S. Reps. Mike Simp- mittee hearing on February 25, 2004. We nation that is already in the water now had the committee hearing and Mr. is starting to show very dangerous son and C.L. ‘‘Butch’’ Otter, who oppose the plan to reclassify South Carolina’s nuclear Roberson testified in front of that com- signs for both ground water standards waste. They argue that passing the bill sets mittee. On March 23, 2004, there was a and subsistence fishing? a precedent threatening to undercut an committee hearing on the very same We need to do our job and clean this Idaho victory in federal court last year that issue. Those two previous committees up. For 30 years the policy has been to stopped DOE from reclassifying waste sludge were within my subcommittee on take the waste out of the tanks, move in buried tanks from high-level to low-level Armed Services. On March 31, 2004, waste. it, glassify it, and put it in a perma- Senator DOMENICI in his committee had nent storage. We are changing that ‘‘This legislation would be a huge step backward, reinforcing public fears about our this debate. It has been going on in the with very little debate in the Senate Environment and Public Works Com- today. nation walking away from nuclear cleanup obligations,’’ Kempthorne said recently. mittee back to 2000. We have testimony Obviously, I urge my colleagues to Crapo disagrees. DOE had tried to get he from there. There has already been a support the Cantwell amendment and Craig and Washington senators to sign lot of discussion about this subject and which would strike this reclassification on to the reclassified definition of waste, the proper way of disposing it. and say to DOE: Here is the cleanup which would allow the government to clean This is the same kind of procedure we money for the States of Washington, up Cold-War era sites like the INEEL at far have used in Colorado to clean up Idaho, and for Georgia, and the money lower costs. But they refused. Rocky Flats where we have had an ex- should be spent on this cleanup effort. They agreed, however, with Republican pedited procedure. The people of Colo- It continues the process of cleaning Sen. Lindsey O. Graham of South Carolina, that states ought to be able to negotiate sep- rado are delighted because now we have up the tanks that have been classified arate waste deals that would reclassify the closure and we have it ahead of time as high-level waste, and it makes the waste differently than elsewhere, Crapo said. and under budget, so far. Hopefully, we cleanup process continue to move for- ‘‘Each state has different needs and cir- can get this to apply to other areas. ward. cumstances,’’ Crapo said. Ms. CANTWELL. Does the Senator We took the language from Governor Democratic Sen. Maria Cantwell of Wash- have a question? I don’t know that I Kempthorne. Governor Kempthorne ington has introduced an amendment that heard the question, but let me say the said to many people, including my col- would pull Graham’s agreement out of the underlying Graham language was never leagues from Idaho, that he had con- defense bill. She has criticized Graham, debated by the Energy Committee. The cern with the current underlying bill. Crapo and Craig for proposing the reclassification in South Carolina without a public underlying Graham language was never In fact, Governor Kempthorne, like our hearing and national debate. seen prior to the Energy Committee— Governor in Washington, has had to ‘‘If somebody thinks this is an issue that before this bill came out of the SASC deal with this in a major way. This is affects the state of Washington, or affects Committee. In fact, the ranking mem- what he said about the legislation: just Idaho, or affects South Carolina—it ber of the Energy Committee sent a

VerDate May 21 2004 02:14 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.025 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6399 letter saying that this SASC Com- River was not a place for permanent he said: Now this only affects my mittee did not have jurisdiction over storage, whatever, in that we had the State. My Governor is for it and I am this issue. Tuscaloosa aquifer, which is the water for it. I have talked to the Energy De- So the Graham language in this bill supply going into the Savannah River partment, and this is how to get mov- has not been before the Energy Com- that now furnishes Savannah, Augusta, ing and accelerate the removal of this mittee regarding its exact language and other cities along that river their waste. And what I am interested in is and the impact of that language. water supply. the removal of this waste. Now, broad concepts about whether Otherwise, it is on the very edge of Well, I am interested in the removal DOE has the right to reclassify waste, an earthquake fault. The earthquake of the waste just as expeditiously and yes, have been a big subject of debate. fault comes right through from Cal- as safely as possibly can be done. Let In fact, that is why I believe the courts houn County to Orangeburg County me emphasize—and it will show in an basically said the Department of En- over to Aiken County. I had hearings affidavit by David E. Wilson, the As- ergy does not have jurisdiction over about the San Andreas earthquake sistant Bureau Chief for Land and this issue and that they have to change fault out in California in the Com- Waste Management of the Department the Nuclear Waste Policy Act if they merce Committee some 30 years ago. I of Health and Environmental Control want to have this authority. know how dangerous this is. of South Carolina. I ask unanimous Mr. ALLARD. If the Senator will We are all familiar about the dan- consent to have printed in the RECORD yield, I would like to clarify that it gerous nature of trying to store high- the entire affidavit. was not the Energy Committee, it was level radioactive waste in the Savan- There being no objection, the mate- the Appropriations Energy and Water nah River site. We were told at that rial was ordered to be printed in the Development Subcommittee. Make time: Don’t worry they will only be RECORD, as follows: that clear for the RECORD. there for 2 years. And now, as I stand CASE NO. CV–01–413–S–BLW—AFFIDAVIT The PRESIDING OFFICER. The Sen- on the Senate floor, the 2 years has be- OF DAVID E. WILSON, JR., P.E. ator has used her 15 minutes. come 4, the 4 has become 8, the 8 has Carlisle Roberts, Jr., General Counsel; Ms. CANTWELL. I yield to the Sen- become 16, the 16 has become 32; and Samuel L. Finklea, III, Chief Counsel for En- ator from South Carolina. now it is almost 50-some years and we vironmental Quality Control, Office of Gen- Mr. HOLLINGS. Mr. President, I are still dealing with this problem. eral Counsel, SC Department of Health and thank my distinguished colleague from It is a complex problem, but it has Environmental Control, Columbia, SC. United States District Court for the Dis- Washington, Senator CANTWELL, and been dealt with nationally with the trict of Idaho, Natural Resources Defense my colleague from Michigan, Senator Atomic Energy Act of 1954 and the Nu- Council, Inc.; Snake River Alliance, Peti- LEVIN. They have been carrying the clear Waste Policy Act of 1982. They as- tioners, vs. Spencer Abraham, Secretary, De- ball for a national policy particularly cribed to the Department of Energy the partment of Energy; United States of Amer- as it affects my State of South Caro- administration of high-level radio- ica, Respondents. lina. active waste. David E. Wilson, Jr., P.E., being duly The truth is, I just heard that the Along came the State of Kentucky, sworn upon oath deposes and says: Appropriations Energy and Water De- along with this so-called scheme that 1. The U.S. Department of Energy (DOE) owns the Savannah River Site (SRS) located velopment Subcommittee, upon which is afoot—the Kentucky case against in South Carolina. I serve, had hearings about Savannah the United States—and Kentucky tried 2. Reprocessing of nuclear fuel at the Sa- River. I had never heard of the hear- to redefine high-level radioactive vannah River Site (SRS), reprocessing oc- ings. I know they did not have hearings waste. curred at the F and H-Area Chemical Separa- in the Armed Services Committee and In the Kentucky decision, under the tions Facilities, otherwise known as the F they did not consider it in the Armed exclusionary clause, the court found and H–Area Canyons. Services Committee. they could not do that; that is, States 3. Each facility used different suites of Now, right to the distinguished re- were only relegated to solid waste, not chemicals to derive preferred radioactive isotopes, including, but not limited to pluto- quest made by my wonderful colleague radioactive or high-level waste. nium, uranium, and neptunium. from Idaho, they seem to think there is So under that particular decision, 4. Although different suits of chemicals sort of a States rights. citing, of course, the Resource Con- were used in reprocessing, the general proc- Mr. ALLARD. Will the Senator yield? servation and Recovery Act of 1976, ess was the same; irradiated nuclear fuel and Mr. HOLLINGS. I will get through they said the States could, yes, deal targets were first dissolved in corrosive my thought and I will yield. with the solid waste but not with the chemicals, then other chemicals were added They seem to think there is sort of a high-level radioactive waste. And we to separate the preferred radioactive iso- States rights to high-level radioactive had subscribed. That is what is con- topes from the fission and activation products in the fuel and targets. nuclear waste. I can tell you, I have fusing to this Senator and the Senators 5. The preferred isotopes were then used for the distinction of standing at the desk from Idaho and California and the weapons manufacture and other uses, and of John C. Calhoun, the grandfather of State of Washington and everywhere the separated fission and activation prod- States rights. But there are no States else, because under that exclusionary ucts, along with the chemicals they were rights when it comes to high-level ra- clause of the 1954 Act, you cannot just suspended in (first and second cycle raffinate dioactive waste. come around with a little State amend- streams), were disposed of in under ground I am having a hard time getting a ment, and try to redefine high-level ra- tanks. logical grasp to this particular problem 6. During the course of reprocessing at dioactive waste for the other 49 States SRS, approximately 37 million gallons of liq- because I want to be super cautious or the other 48 States. uid wastes were generated containing ap- and understanding of my colleague, That is why, if it were able to be han- proximately 426 million curies of radioac- Senator GRAHAM. He is a wonderful dled just at the State level, the Sen- tivity. Senator. He and I work together on ev- ators from Idaho or the Senators from 7. The waste placed in these tanks over the erything, but we differ on this one. It is Georgia or the Senators from South years have settled and precipitated out solid not a political difference; it is a matter Carolina could handle it on their own. materials in a layer of sludge at the bottom of policy. It would just be handled on their own. of the tanks. 8. There are 3 million gallons of this sludge I have been involved with nuclear That is the dilemma we are in. Because (8% of the volume) containing 226 million cu- policy over some 50 years. Forty-nine my distinguished colleague has not ries of radioactivity (55% of the curies). years ago, as Lieutenant Governor of only put in what the New York Times 9. The material above the sludge layer con- the State of South Carolina, I was has called a stealth amendment, with sists of concentrated supernate liquids and chairman of the Regional Advisory no hearings and no consideration what- post-evaporation salt cake. Council on Nuclear Energy. It was a soever, and gone around to his col- 10. There are approximately 34 million gal- compact of some 17 States. We were leagues, obviously, over on the other lons (92% of the volume) of supernate and salt cake containing 200 million curies of ra- talking about the high-level radioac- side of the aisle, because he has been dioactivity (45% of the curies). tivity waste. At that particular time looking for assistance from Georgia 11. The reprocessing wastes were placed in we were cautioned by the experts in and Idaho and Washington and all the 51 underground tanks at SRS, ranging in size nuclear fission that the Savannah other States that could be affected, and from 750,000 gallons to over 1,300,000 gallons.

VerDate May 21 2004 02:14 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.026 S03PT1 S6400 CONGRESSIONAL RECORD — SENATE June 3, 2004 12. Twenty-four (24) of the 51 tanks are con- the Department of Energy—and they lina, we can do whatever we want, and structed of carbon steel inside concrete con- are all friendly with the distinguished we could give permission to the De- tainment vaults and do not have fully sec- Secretary Abraham. But I do not trust partment of Energy, the right to re- ondary containment. 13. The remainder of the tanks have full them—not honest-wise. I know Senator classify high-level radioactive waste. secondary containment. Abraham is as honest as the day is So you have this duplicity in this 14. All 24 tanks that do not have full sec- long, but I do not trust his disposition particular amendment, particularly as ondary containment tanks are well beyond with respect to nuclear. In fact, I had you see how it is drawn. Section D of their design lives and 9 of the 24 have had to stand on the floor when he was try- the amendment says: Defined in this known leaks to their secondary containing to abolish the Department of Com- section, the term ‘‘State’’ means the ment. merce and Energy. President Bush’s 15. Two of these tanks have been closed State of South Carolina. through a process approved by the State of Secretary of Energy wanted to abolish So all you have to do is run around to South Carolina. his Department before he became Sec- the colleagues and work the amend- 16. To date, the Defense Waste Processing retary. ment and legislation in the same way. Facility (DWPF) has treated approximately This particular amendment has been I don’t fault my colleague, but I think one million gallons of liquid waste con- put on the Armed Services bill, with- he is making a grievous error in the taining 30 million curies radioactivity. out hearings, without us knowing any- sense that he is saying this just applies Further your affiant sayeth naught. David thing about it, and certainly without E. Wilson, Jr., P.E. to the State of South Carolina, and we March 24, 2003, Columbia, SC. the Attorney General knowing about can protect the State. SWORN TO before me this 24th day of it. I called two members of the South The Governor of South Carolina, March, 2003. Carolina Department of Health and En- Mark Sanford, has been strong on the Notary Public for South Carolina. vironmental Control, and they did not My commission expires 12/5/05. environment. I knew he wouldn’t ap- know anything about it. prove it. Now I have his letter purport- Mr. HOLLINGS. Let me just state at They were appalled and aghast. It the outset that South Carolina has 70 edly approving it. says: I ask unanimous consent to print the percent of all of the Nation’s defense- Notwithstanding any other provision of related radioactivity. Under section 8 letter in the RECORD. Law with respect to materials stored at a There being no objection, the mate- of Mr. WILSON’s affidavit, there are 3 Department of Energy site at which activi- rial was ordered to be printed in the million gallons of this sludge con- ties are regulated by the State— RECORD, as follows: taining 226 million curies of radioac- ‘‘At which activities are regulated by STATE OF SOUTH CAROLINA, tivity, 55 percent of the curies. That is the State.’’ Now, that goes to that 1976 Columbia, SC, May 20, 2004. over half of the radioactivity. You are act, which says that the States under Hon. LINDSEY O. GRAHAM, not dealing with just little remains and that particular provision regulate solid United States Senate, harmless sludge that we can pour sand waste but not radioactive. That is why Washington, DC. over and then seal with concrete. we have had this difference. One lawyer DEAR SENATOR GRAHAM: I am writing to Incidentally, it is not going to leak would say, reading that: Why, it starts support Section 3116, Defense Site Accelera- from the top. The only thing that leaks off ‘‘at which activities are regulated tion Completion, in the FY 2005 Department from the top is the Ship of State. That by the State,’’ and that could only re- of Defense Authorization bill, S. 2400. More is the White House. We all know that. specifically, this section of the bill will allow late to solid waste, not radioactive for an accelerated clean up of the Savannah These containers ship and leak from waste. It doesn’t amend the Nuclear River Site in South Carolina. the bottom. We have three types of Waste Policy Act of 1954 which exclu- This Administration is concerned about containers: the one single wall, the sec- sively relegates to the Congress and to the prospect of long-term storage of radio- ond type is the single wall with a sau- all 50 States the designation of high- active waste in aging tanks at the Savannah cer underneath, and then they made level waste. River Site. Under the current Nuclear Waste the double wall. But then he goes on to add this lan- Policy Act, the cleanup process could leave We have found, from a recent report guage: the waste in those storage tanks for an additional 30 years. by the Alliance for Nuclear Account- High level radioactive waste does not inability, the type 1s and 2s have leak However, the amendment allows the U.S. clude radioactive material resulting from Department of Energy, working with the sites. The third type tank has small the reprocessing of spent nuclear fuel that South Carolina Department of Health and amounts of ground water that have the Secretary of Energy determines is in Environmental Control, to move more quick- leaked into the tanks, and so forth. deep geological repository and has, to the ly to clean up the Savannah River Site. In So we are dealing with fire, and we maximum extent practical, in accordance fact, the estimated cleanup time will be re- are dealing with it on a national basis. been removed. duced by 23 years, at a savings of $16 billion Heaven knows, I have worked with it And you get into these fancy words to the taxpayers. on an international basis. ‘‘to the maximum extent practical.’’ Most important is ensuring that the State In earlier years, they had a plane Now, why do I say what I do? On the of South Carolina will be able to retain an that, unfortunately, let go of a hydro- one hand, you know what the intent is. oversight role in the cleanup process. Ac- cording to analysis by the South Carolina gen bomb into the Mediterranean. If The intent of Senator GRAHAM of South Carolina is the same intent of Senator Department of Health and Environmental anybody wants to travel to the Cote Control, the state’s environmental regu- d’Azur or the Mediterranean, all they HOLLINGS of South Carolina: to protect latory agency, the clean up process will still have to do is come to Aiken, SC, be- South Carolina from this high-level ra- require an equal partnership with the State. cause they loaded up the marsh and the dioactive waste. But that doesn’t hap- As you move through the legislative proc- sand all where this bomb had been pen that way because of the Kentucky ess, we urge you and your colleagues to re- dropped in the Mediterranean, put it in case and everything else of that kind. tain two very important goals for South 55-gallon drums, brought it across the You can go and read the Kentucky Carolina: 1. allow for a more accelerated harbor there at Charleston, carried it decision. I don’t want to take up all of clean up process, and 2. provide strong lan- the time. In other words, it isn’t the guage to protect the State’s sovereignty up and buried it in Aiken, SC. within the process of accelerated cleanup. I have worked with the 5-year com- intent. And if I was seated as a judge Thank you for your leadership in the pacts, and that is why I was astounded on a court saying, well, let’s try to find United States. I look forward to working and aghast at this idea that somehow out what the congressional intent was, with you on this and many other matters of this is a little problem for South Caro- the congressional intent was not to re- importance to our State. lina and it would be easily handled. It define high-level radioactive waste; it Sincerely, is not that easily handled. was just to allow an agreement with MARK SANFORD, This is what the amendment says, the State of South Carolina and the Governor. and this is, I think, the intent of the Department of Energy to work out how Mr. HOLLINGS. This is on May 20. distinguished colleague from South to remove that sludge. But it didn’t go He addresses it to Senator GRAHAM and Carolina, because we have to sign off to the basic law. That would be one ar- says: I am writing about this section to on it. gument. allow an accelerated cleanup. The ad- Well, under the Kentucky case, there Another argument would say: Wait a ministration is concerned—he is talk- is not any signoff on it. Now, of course, minute; with the State of South Caro- ing about the prospect of long-term

VerDate May 21 2004 02:14 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.005 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6401 storage at Savannah River. However, State of Idaho joined with them and classification language from the Defense Au- the amendment allows the Department everything else like that, and they lost thorization bill. We fully support you in this of Energy, working with the State of at the district level. effort. South Carolina Department of Health Then on appeal, we have a brief Such an important change in the nuclear waste storage policy should only be given se- and Environmental Control, to move signed by Samuel L. Finklea, the rious consideration in a stand-alone bill more quickly to clean up the Savannah South Carolina Department of Health where it can be put forth for full debate in River site. and Environmental Control, 2600 Bull the light of day, not bobtailed onto a spend- He doesn’t say to reclassify high- Street, Columbia, SC, dated 23 March. ing bill. Thank you. level waste. And in fact, the estimated So as of March 23, the State of South Sincerely yours, cleanup time will be reduced. Here is Carolina on appeal said: No way; we are ANGELA VINEY, the key paragraph of this particular with Idaho. We are with the decision. Executive Director. letter: We are not redefining high-level radio- SIERRA CLUB Most important is ensuring that the State active waste. SOUTH CAROLINA CHAPTER, of South Carolina will be able to retain an And yet you have the State of South Columbia, SC, June 2, 2004. oversight to the cleanup process. Carolina’s Governor writing this letter Re: S. 2400 Defense Authorization No. Under the exclusionary clause, but saying, provided further that the Senator ERNEST HOLLINGS, there is no oversight by the State of State has a sign-off, which legally it Russell Senate Office Building, South Carolina, the State of Idaho, the can’t. You can’t designate to the State Washington, DC. State of Colorado, the State of Michi- under the exclusionary clause one DEAR SENATOR HOLLINGS: The South Caro- gan, the State of Washington. There is State sign off to the thing. That is lina Chapter of the Sierra Club thanks you no oversight to that particular provi- what has caused the confusion here and for the Cantwell-Hollings Amendment to S. sion because you have the categorical the misunderstanding between the par- 2400, the Defense Authorization Bill. law under the Nuclear Waste Policy ticular colleagues. Senator Lindsay Graham has decided that the best way to eliminate an environmental Act where the Congress alone defines it I am going to cut it short because I hazard is to redefine it. We find this unac- and not by agreement between the know everybody wants to move today. ceptable. health and environmental department I think I have made our position clear. When Department of Energy Secretary of a particular State and the U.S. De- I have letters here. I ask unanimous Abraham visited the Savannah River Site partment of Energy. consent that letters and citations from (SRS) recently he named SRS a national lab- So you can see that the Governor the South Carolina Wildlife Federa- oratory specializing in nuclear waste clean- thinks he has something. But then he tion, the Sierra Club, and various other up. For a moment we rejoiced in thinking cancels it out. It reminds me when we organizations that I will enumerate be that both the environment and economic de- had the reorganization of our insurance velopment would benefit simultaneously. printed in the RECORD. That thought did not last long. Senator department. The Capital Life Insurance There being no objection, the mate- Graham said we do not need to make every Company was reorganizing and looking rial was ordered to be printed in the effort to clean-up highly radioactive waste. for a slogan. And the winning slogan RECORD, as follows: According to him it can be abandoned on the was by Sam B. King. He said: Fritz, do SOUTH CAROLINA site permanently with an amendment to the you know what the new slogan is? Cap- WILDLIFE FEDERATION, Defense Authorization Bill. ital Life will surely pay if the small Columbia, SC, June 2, 2004. Congress is needlessly debating whether to print on the back don’t take it away. Senator FRITZ HOLLINGS, lower our standards for protecting our water So you have a similar kind of situa- Russell Senate Office Building, supplies from radioactive waste leaking from Washington, DC. nuclear weapons production sites. We appre- tion here in this amendment and in ciate you being on the right side of this this letter and in this understanding DEAR SENATOR HOLLINGS: Today I am writing you because we at the South Carolina issue. and this intent. You have to go to con- Wildlife Federation are concerned and ap- The SRS complex houses approximately 37 gressional intent. He says: It ensures palled at the effort to reclassify certain cat- million gallons of high-level radioactive that the State of South Carolina will egories of nuclear waste at the Savannah waste, much of it in the form of liquid be able to retain an oversight. You River Site (SRS). Merely changing the name sludge. That is enough radioactive waste to don’t retain an oversight over the ex- of the waste from high-level with the wave of fill every bathtub in Richland, Lexington clusionary clause of the definition of a magic wand does not make the risk to the and Aiken counties in South Carolina. environment any less. On the contrary, it When SRS was built in the 1950’s, the plan high-level waste by an agreement be- was to move out the waste from nuclear tween a DEHC department and the De- means that an unnecessary and unacceptable risk will be inflicted upon the citizens and weapons production within 10 years. The partment of Energy. Come on. That is wildlife of South Carolina, Georgia and the deadly waste is still there 50 years later. If exactly what we have in play here. country as a whole. Graham’s amendment passes, South Carolina The House of Representatives over on The South Carolina Wildlife Federation op- will be stuck with it forever. the congressional side, they considered poses the proposed changes to the Defense This dangerous waste is stored in old tanks this and said: Wait a minute; if we are Authorization bill to reclassify these high- that have been known to leak. The tanks sit going to redefine high-level radioactive level wastes as ‘‘incidental’’ thereby low- in the water table in one of the largest and waste in America, let’s go to the Na- ering the standard for cleanup. most important watersheds in the South- east. The Savannah River and the entire wa- tional Academy of Sciences and get an The 1982 Nuclear Waste Policy Act is specific in its policy regarding the disposal of tershed serve agriculture, industry, fishing, expert. Don’t listen to Senator HOL- nuclear waste as it clearly states for this and recreational activities. Failing to clean LINGS or Senator GRAHAM or any other waste to be buried deep underground in a re- up the tanks will lead to a serious and long- Senators or any other Secretary that is pository chosen for disposal of this waste. lasting pollution threat that is detrimental trying to save money because they The Department of Energy (DOE) has made to the entire nation. have been engaged in this over the several attempts in the past to shirk its re- Graham proposes mixing the radioactive years. Let’s go to the National Acad- sponsibility and the courts have soundly re- sludge with grout and using the tanks as per- emy of Sciences. Let’s have hearings. jected its reclassification attempts. manent waste depositories. This action was Failing to clean up the tanks and remove declared illegal by a federal judge in Idaho. Let’s get the expert opinion. And if the waste can lead to serious long-lasting That is why Graham has introduced his there is a redefinition of high-level ra- pollution of the Savannah River and the amendments, to make what is now illegal, dioactive waste, we will have it. But groundwater resources of South Carolina, re- legal. let’s not do it this way. sources that provide water for drinking, in- Before jumping into this risky method of I have many an authority here with dustry, and agriculture. The Savannah River waste storage, most studies need to be done respect to it, but the most recent au- is also an extremely important recreational on the potential for water supply contamina- thority is the State itself. You can get resource for boating and fishing, and it pro- tion by waste leaching out of the grout. This a letter from the Governor, but here is vides critical wildlife habitat for diverse method of storing the waste may actually the amicus brief in the National Re- fishery, waterfowl and other species. make it more difficult to retrieve it in the Thank you for once again coming to the event of a leak. sources Defense Council v. Spencer rescue of the environment through your co- State Attorney General Henry McMaster Abraham whereby in Idaho they have sponsorship of the Cantwell-Hollings Amend- has filed an amicus brief on behalf of South already lost the case. The council ment to the Defense Authorization Bill, S. Carolina agreeing with the National Re- brought it in the State of Idaho. The 2400. Your amendment would remove the resources Defense Council, the environmental

VerDate May 21 2004 02:14 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.031 S03PT1 S6402 CONGRESSIONAL RECORD — SENATE June 3, 2004 group that initiated the lawsuit, that the unbridled power to define its waste problems First of all, I want to clarify this for waste not remain in its current location. away with the stroke of a pen. the RECORD. We have had three hear- Another concern about Senator Graham’s The Savannah River site in South Carolina ings this year on this very issue. Prior provision is that it would allow DOE sole dis- has accumulated a huge inventory of radio- cretion in deciding what constitutes high- active wastes left over from weapons produc- to this year, we have had a number of level radioactive waste in South Carolina, tion, some 37 million gallons held in 51 un- hearings dealing with the disposal of severely limiting the state’s voice on such derground tanks. Under the 1982 Nuclear nuclear waste. I know for a fact the matters. The state would no longer be the Waste Policy Act, virtually all of this mate- Environment and Public Works Com- final say on what defines high-level waste in rial is deemed high-level waste, which must mittee had a hearing in 2000 on the dis- our own backyard and the state would have be disposed of in a deep repository like the posal of nuclear waste. limited or no power to halt DOE from aban- one being built at Yucca Mountain in Ne- On February 25, 2004, the Strategic doning this highly radioactive waste. So vada. For some years now, the Energy Depart- Forces Subcommittee of the Armed much for ‘‘states rights’’ and ‘‘checks and Services Committee held a hearing on balances.’’ ment has been hoping to separate its wastes The Sierra Club urges the deletion of sec- into two streams, reserving deep burial for the development of an energy environ- tions 3116 and 3119 of the Defense Authoriza- only the part with high radioactivity. In the mental management program, and a tion Act. Please do not allow the abandon- case of the South Carolina site, the depart- key witness was Jesse Roberson, and ment of high-level radioactive waste at SRS. ment is prepared to pump most of the waste we talked about this very issue. Again, Senator Fritz Hollings, thank you out of the tanks for disposal through deep On March 23, 2004, in the Armed Serv- for standing up for South Carolina and safe- burial. But it wants to leave a hard-to-remove residue of sludge in the tanks and bury ices Committee hearing we had on the guarding the welfare of our future genera- Department of Energy programs, a key tions by opposing the Graham amendment. it under grout. Sincerely, Officials estimate that this approach could witness in that particular hearing was save $16 billion and trim 23 years from the DELL ISHAM, Secretary Spencer Abraham. SC Chapter Director, lengthy cleanup process. But those plans On March 31, 2004, at the Appropria- Sierra Club. were stymied when a federal judge in Idaho tions Energy and Water Subcommittee concluded that the scheme violated the hearing on environmental manage- Mr. HOLLINGS. The South Carolina waste-policy act. Wildlife Federation; South Carolina Si- Now Senator Lindsey Graham, Republican ment, a key witness was Jesse erra Club; South Carolina Coastal Con- of South Carolina, has inserted language in a Roberson. servation League; Carolina Peace Re- defense authorization bill that would achieve Having clarified that for the RECORD, source Center; Environmentalists, Inc.; the same end. It would allow the department I yield 10 minutes to the junior Senator the mayor of Savannah; Action For a to reclassify the wastes in South Carolina in from South Carolina. a way that would allow the disposal of some Clean Environment; Atlanta Women’s The PRESIDING OFFICER. The jun- material on the site. Mr. Graham notes that ior Senator from South Carolina is rec- Action for a New Direction; Center for the state’s governor and its health and envi- Environmental Justice; Coosa River ronmental regulators have signed off on the ognized. Basin Initiative; Georgia Conservation plan, and he says the decisions on how to Mr. GRAHAM of South Carolina. Mr. Voters; Georgia Peace and Justice Coa- handle each tank will be made collabo- President, in terms of my senior Sen- lition; Physicians for Social Responsi- ratively by federal and state officials. ator, who I respect greatly, there is no Senator Graham’s language is potentially doubt in my mind that he loves his bility in Atlanta; Southern Alliance for a highly significant change in nuclear waste Clean Energy; Alliance for Nuclear Ac- State. Secondly, this is not about who policy, yet it was inserted into a broad mili- loves South Carolina. We have a policy countability; National Council of tary authorization bill behind closed doors, Churches; Sierra Club; National Re- without the benefit of hearings or open dis- disagreement about what is best for sources Defense Council; Public Cit- cussion. This is unacceptable, given that few our State. That happens on occasion in izen; Episcopal Church; United Meth- areas could have more potential impact on politics. Senator HOLLINGS has been odist Church; American Rivers; League public health for thousands of years into the more than gracious in terms of helping future. me adjust to the Senate and coming to of Conservation Voters; Church Women The Energy Department is largely empow- United; GreenPeace; a number of Na- my office, and I publicly acknowledge ered to set its own waste disposal policies, that. I regret that we differ, but we do. tive American tribes; and the Idaho with only minimal oversight from the Nu- Conservation League. clear Regulatory Commission. Before allow- I assure my colleagues that I just did Incidentally, Mr. President, this par- ing the department to reclassify its waste not wake up one day, as the junior Sen- ticular editorial that appeared timely products, the Senate should follow the lead ator from South Carolina, sneaking this morning, ‘‘Shortcut on Nuclear of the House and call for an in-depth study of around everybody to come up with an Waste,’’ in the New York Times, out- the approach by the National Academy of amendment that would change the Sciences. The decision should not be left to lines the particular problem. It empha- whole national policy on nuclear waste an agency that is desperate to get past a for the heck of it. I didn’t do that. I sizes why we don’t have States’ rights staggeringly difficult waste disposal prob- with respect to high-level radioactive lem. have been in Congress now for 10 years and in the Senate for a little over a waste. We are playing with fire here on Mr. HOLLINGS. Mr. President, I year and a half. In the House, I rep- the Armed Services bill. This is a yield the floor and thank my distin- resented the Savannah River site, our stealth amendment with no hearings guished colleague from Washington for State’s largest employer. It is the facil- and no consideration. I know my State her leadership, and also Senator LEVIN as well as anybody. In the majority of for alerting me to this particular dan- ity that was intricately involved in the State, everybody is against this. ger. This is a highly dangerous matter. winning the cold war. We have over 50 I ask unanimous consent that the We should not be running around with tanks full of high-level liquid waste. The Clinton administration and my- New York Times editorial be printed in a little legislative rider on the Armed the RECORD at this point. Services bill on a single State excep- self had a bumpy road. I think it is fair There being no objection, the mate- tion, even if it were legal. I don’t think to say I did not agree with the Clinton rial was ordered to be printed in the it is legal. But even if it were legal, it administration a lot, but one thing RECORD, as follows: would all of a sudden indirectly, and that we did find common ground about SHORTCUT ON NUCLEAR WASTE without other States being involved, in the 1997 timeframe and I think Sen- The Senate may consider today whether to redefine high-level radioactive waste. ator ALLARD probably remembers allow the Energy Department to reclassify We don’t want to do that. This is no this—is that the Clinton administra- certain nuclear wastes at a weapons plant in way to legislate, and no way to treat tion came up with a new way of look- South Carolina so they can be disposed of this highly dangerous element. ing at high-level waste, how you char- faster and cheaper than if the department I thank the Chair. acterize it. complied with current law. Although many The PRESIDING OFFICER (Mr. There was a hearing about this in senators may be tempted to skim over this CRAPO). Who yields time? 2000 in the Senate before I got here. issue as a matter of parochial concern to During the Clinton administration, the South Carolina, they need to consider this The Senator from Colorado is recog- matter carefully lest they set a terrible nized. policy was—and before the Clinton ad- precedent. The Energy Department has a no- Mr. ALLARD. In a moment, I will ministration—that if the material toriously poor record in handling environ- call on the junior Senator from South started out life as high-level liquid mental issues. It should not be granted such Carolina. waste, no matter what happened in the

VerDate May 21 2004 02:14 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.009 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6403 intervening time or whatever charac- to clean up Idaho, Washington, and working together this outcome can be terization it had after being treated, it South Carolina for years. We have had reached. would have to be considered high-level hearings in Senator ALLARD’s com- Sincerely, waste—defense material, high-level mittee about this very topic, where Congressman DOC HASTINGS, Senator PATTY MURRAY, waste. The Clinton administration said DOE came in and talked about the plan Senator MARIA CANTWELL. that is not very logical. What we need to clean up these tanks and talked to do is look at the characterization of about the two tanks that had already Mr. GRAHAM of South Carolina. Mr. the waste at the end, not where it came been cleaned up. President, the letter was an effort by the legislative delegation in the State from. There was a hearing in May of There have been negotiations going 2000 about that concept. I supported of Washington to get the DOE to come on between Idaho, Washington, and up with some classification system for that concept then and I support it now. South Carolina, independent of each In all due deference to my senior Hanford. other, with the DOE to try to find a Our distinguished Presiding Officer Senator, there is nothing in this common ground in those States as to amendment that changes the definition from the State of Idaho has been work- how to clean up this high-level liquid ing for months now for his State to see of high-level nuclear waste. The way waste. you look at high-level nuclear waste if they could come up with a classifica- To my colleague in Washington, who and the way you characterize it was tion system for the State of Idaho. In truly is a friend, and I am sorry we got changed in the Clinton administration February 2004, the Governor of Wash- so off stripped on this, we will get over in a logical way. We have cleaned up ington indicated he would designate it and work together for the common two tanks. That has been lost in this someone to enter into discussion on be- good when this is over. debate. There are 50-plus tanks of high- half of the State of Washington. Gov- level liquid waste. Two of them have On January 26, 2004, Congressman ernor Locke’s chief of staff called the been dried up and cleaned up. The pro- HASTINGS, Senator MURRAY, and Sen- Deputy Secretary to indicate he was cedures to clean up those tanks have ator CANTWELL sent a letter to Gov- the Governor’s designee to hold discus- worked. That has been several years ernor Locke and Secretary Abraham sions with the Department of Energy. ago. This amendment allows more and asked them to work together to re- Shortly thereafter, the Department of money to be put on the table to clean solve the ongoing dispute over waste Energy shared draft language with the up the rest of the tanks. classification. They did a very good State of Washington. Here is what we have been able to do. thing in that regard. I ask unanimous What has been going on here for a We have been able to strike an agree- consent to print that letter in the very long time is a collaborative proc- ment between the environmental regu- RECORD. ess between the three States and the lators in South Carolina and the De- There being no objection, the mate- Department of Energy to remediate the partment of Energy defining what rial was ordered to be printed in the environment when it comes to high- level waste in a manner acceptable to ‘‘clean’’ is in terms of those tanks. All RECORD, as follows: the State. That is the process. That has of the liquid waste will be taken out. CONGRESS OF THE UNITED STATES, There will be about an inch and a quar- Washington, DC, January 26, 2004. always been the process, and that must ter of material left in the bottom of Hon. GARY LOCKE, be the process. the tank, like the other two tanks that Governor, State of Washington, But here is what we do not want to have already been closed. There will be Olympia, WA. do as we negotiate individually. We do a process to treat that inch and a quar- Hon. SPENCER ABRAHAM, not want to, as my senior Senator said, Secretary, Department of Energy, have a State have the ability to define ter. The NRC has been consulted and Washington, DC. has blessed this project, saying what is high-level waste because it is a na- left in the bottom of the tank after it DEAR GOVERNOR LOCKE AND SECRETARY tional concern and a national issue. So ABRAHAM: We have become increasingly con- is treated is waste incidental to we have been jealously guarding that cerned about the lack of an agreement be- concept. This amendment does not give reposit. tween the State of Washington and the De- About people and their opinions re- partment of Energy to resolve the ongoing the State of South Carolina the ability garding what is best for the safety of dispute pertaining to the classification of to define high-level waste because we my State, my senior Senator has been High Level Waste. would have 50 different versions. What an advocate for my State for a very Our primary and overriding concern is the it does do is it requires a collaborative long time. I respect him. I can assure safe and timely cleanup of the Hanford site. process. We have already closed two you I share his concerns about what is We know that we share this goal with both tanks, and before those two tanks best for the environment of this region. the State of Washington and the United could be closed, South Carolina had to I have some letters I would like to in- States Department of Energy. issue a permit saying: Yes, they are troduce. I have a letter from the Gov- We are calling on you to take the initia- able to be closed. This amendment ernor of South Carolina that I think he tive to establish immediate high level dis- gives the State of South Carolina per- has already introduced. Last week, cussions between the State of Washington mitting authority over tank closure. and the Department of Energy to resolve when we talked about this, Senator That is exactly what Washington and this issue. We would like to see a commit- Idaho are trying to pursue. HOLLINGS said he cannot believe the ment to continue the dialogue until such Governor would support this. He has time as a mutually acceptable agreement Governor Locke has been working been a great environmentalist. can be reached. with DOE. The difference is South Mark Sanford, our Governor, does We know the parties have legitimate dis- Carolina has gotten there, and to my have a very good environmental record, agreements. We would ask that such con- friend from Washington, there will depending on what scorecard you want versations take place without preconditions come a day—soon, I hope—where you to look at. But Mark comes from the being set, which could serve to hinder suc- can negotiate classification of waste coast. I think most people would say he cessful negotiations. with DOE satisfactory to Washington. has been environmentally sensitive. The stakes are incredibly high and the And there will come a day when the The letter that Senator HOLLINGS price of failure is the continued exposure of Governor of Washington, whoever that read, please do not misunderstand at the people and the environment to unneces- may be, will say: That is a good deal. all, this is an absolute total endorse- sary risks, by potentially slowing the pace of And the regulators in the State will cleanup activities. ment of this amendment by our Gov- say: That is a good classification with ernor. I am not the type of Senator We know you share our commitment to which we can live. making our communities safe. We ask for The truth is, if that day ever arrives, who would not tell our Governor what your leadership to create momentum for a we are doing. The Governor was given successful resolution of this issue. because of the way the Nuclear Waste Policy Act is written, you are going to the language a long time ago. In the past when seemingly intractable On April 27, we had a delegation problems have faced cleanup obstacles, they need legislative language to bless that meeting about this language. I have have been solved by your common commit- agreement. been shopping this language around for ment to rise above the obstacles to reach Washington has a severe problem weeks. We have been talking about how shared objectives. We are confident that with tank leakage. I want to tell my

VerDate May 21 2004 03:50 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.033 S03PT1 S6404 CONGRESSIONAL RECORD — SENATE June 3, 2004 friends from Washington, if that day proposed to be added to the S. 2400 National guished senior Senator. I have a letter arrives to where you can find a stand- Defense Authorization Act for FY 2005. As from him supporting this agreement. I ard acceptable to your State— you are aware, the Department considers the ask unanimous consent to print this storage of high-level radioactive waste in The PRESIDING OFFICER. The Sen- letter in the RECORD. aging tanks at the Savannah River Site to be ator has used 10 minutes. There being no objection, the mate- Mr. GRAHAM of South Carolina. I the single most potentially hazardous condition to the environment and people of South rial was ordered to be printed in the ask for 5 more minutes. Carolina. In fact, the Department has RECORD, as follows: Mr. ALLARD. I yield an additional 5 worked closely with the Department of En- THE STATE OF SOUTH CAROLINA, minutes. ergy (DOE) to safely close two of the original OFFICE OF THE ATTORNEY GENERAL, Mr. GRAHAM of South Carolina. If fifty-one storage tanks. May 18, 2004. that day ever arrives, the Senator from It is the Department’s position that the Re: Sec. 3116. Defense Site Acceleration Com- Washington is going to come to this above referenced language will provide a pletion body, and I am going to help her. I say process to close the remaining storage tanks Hon. LINDSEY GRAHAM, the same to my friend from Idaho. in a similar manner. This will include re- U.S. Senate, That day has arrived in South Caro- moving highly radioactive radionuclides to Washington, DC. lina. We have vetted this proposal with the maximum extent possible and will also DEAR SENATOR GRAHAM: It is my under- provide for public participation in the deci- standing that the South Carolina Depart- everybody I know. ment of Health and Environmental Control I ask unanimous consent that a let- sion-making process. As always, alternative language could be supports your proposed amendment to be ter from the Speaker of the South developed; however, this proposed language added to the S. 2400 National Defense Au- Carolina House, David Wilkins, be allows DOE to move forward with the impor- thorization Act for FY 2005. printed in the RECORD. tant task of removing the high-level radio- DHEC considers the storage of high-level There being no objection, the mate- active waste from the storage tanks while radioactive waste in aging tanks at the Sa- rial was ordered to be printed in the providing a decision-making framework in vannah River Site to be potentially the most RECORD, as follows: which the State is included. hazardous environmental situation in South SOUTH CAROLINA If you have any questions or need any fur- Carolina. Your proposed amendment allows HOUSE OF REPRESENTATIVES, ther information, please have your staff con- federal authorities to remove this radio- Columbia, SC, May 27, 2004. tact David Wilson at (803) 896–4004. active hazardous waste, while ensuring that Hon. LINDSEY GRAHAM, Sincerely, the State is statutorily included in the proc- U.S. Senate, ROBERT W. KING, JR., ess, with ultimate ‘‘veto’’ power on removal Washington, DC. Deputy Commissioner, Environmental decisions. DEAR SENATOR GRAHAM: It has come to my Quality Control. Please allow this letter to serve as my offi- attention that you have included language in Mr. GRAHAM of South Carolina. Mr. cial statement of support for your amendment. the FY 2005 Department of Defense Author- President, this letter to me says that ization bill, S. 2400, which would allow for Thank you for all that you do on behalf of accelerated cleanup of the Savannah River the agreement they have achieved with South Carolina and its grateful citizens. Site. I write today to express my support of DOE is environmentally sound for Yours very truly, Section 3116. South Carolina; we would like to move HENRY MCMASTER. I understand that the South Carolina De- forward with tank cleanup. Here is why Mr. GRAHAM of South Carolina. Mr. partment of Health and Environmental Con- this is so important to my State: It President, when we talk about people trol has worked with you since August of will allow $88 million to be put on the last year to craft legislation that gives with agendas, there are all kinds of po- South Carolina ‘‘a seat at the table’’ when table. It will allow these tanks, now litical agendas when one talks about determining what radioactive materials will that we have reached an agreement to nuclear programs. That is just politics, remain in South Carolina. I support that become dry and safe and secure and and that is the strength of America. goal and the expedited cleanup of the radio- closed up, to be closed 23 years ahead of There is nothing wrong with that. active waste tanks at the Savannah River schedule. I invite everybody in this I have a letter from the Aiken Coun- Site. body to come to Aiken, SC, and the South Carolina and the Department of En- ty, SC, legislative delegation—Demo- ergy have had a good working relationship surrounding community to enjoy golf, crat and Republican house members over the years. It is my sincere hope that leisure, and fishing. I will take you and senators—who say please approve your legislation will allow this partnership fishing in the Savannah River, if you this agreement because it will clean up to continue in a mutually beneficial way would like to go. these tanks ahead of schedule, and it which cleans up SRS more expeditiously and I do not want 23 years to go by and will be a good thing for our commu- in a fiscally prudent manner. the chance of the tanks leaking to I concur with Governor Sanford. This lan- nity. The difference between them and guage will allow for a more accelerated grow. I do not want the problem that the New York Times, which is a great cleanup process and will help protect the Washington has. I want Washington to paper, is they live there. The Savannah State’s sovereignty with respect to the ac- be able to fix their problem, and I will River site is located in Aiken, SC. celerated cleanup. help the State of Washington. But I I ask unanimous consent that the Thank you for your service to the State. I have a chance to do something in my letter be printed in the RECORD. look forward to working with you on this State that we have not had a chance to and other issues of importance to the State There being no objection, the mate- and Nation. do in 10 years. The origin of this being rial was ordered to be printed in the Sincerely, done started in the Clinton administra- RECORD, as follows: DAVID H. WILKINS, tion, and we are building on what hap- AIKEN COUNTY, Speaker of the House. pened then. LEGISLATIVE DELEGATION, Mr. GRAHAM of South Carolina. Mr. This amendment is focused only on Aiken, South Carolina, May 25, 2004. President, I ask unanimous consent the agreement in South Carolina. Sen- Hon. LINDSEY O. GRAHAM, that a letter from the deputy commis- ator CRAPO, Senator CRAIG, and Sen- Russell Senate Office Building, sioner of the South Carolina Environ- ator ALEXANDER have an amendment to Washington, DC. mental Quality Control, Robert King, make it absolutely certain. I think it DEAR SENATOR GRAHAM: We are writing to already is, but I am not here to put any support Section 3116, Defense Site Accelera- Jr., be printed in the RECORD. tion Completion, in S. 2400. As we under- There being no objection, the mate- other State in a bad situation. I am not stand it, this section of the bill will allow rial was ordered to be printed in the here to make Washington do what we The Savannah River Site to accelerate RECORD, as follows: are doing in South Carolina or to prej- cleanup of the Site’s remaining waste tanks SOUTH CAROLINA DEPARTMENT OF udice Idaho at all. I am just simply in a manner consistent with the way Tanks HEALTH AND ENVIRONMENTAL CON- asking this body to listen to the people 17 and 20 were closed in the late 1990s. TROL, who are responsible for the ground We believe that your language will allow Columbia, SC, May 18, 2004. water who tell me this is a good agree- the establishment of environmentally pru- Hon. LINDSEY O. GRAHAM, ment, it will help my State if we move dent regulations regarding tank waste that will allow the Department of Energy, in con- U.S. Senate, Washington, DC. forward on it, and it will safe $16 bil- Re: Sec. 3116. Defense Site Acceleration Com- junction with the South Carolina Depart- pletion lion, for whatever that is worth. ment of Health and Environmental Control, DEAR SENATOR GRAHAM: The Department The attorney general of South Caro- to move more quickly to clean up the Savan- has reviewed the above referenced language lina was mentioned by my distin- nah River Site.

VerDate May 21 2004 02:14 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.036 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6405 We especially appreciate your efforts to will remain in the old tanks. Equally critical The Chamber supports your amendment as work with the State to ensure the State of will be the loss of trained and skilled SRS being in the best interest of those citizens in South Carolina will have a seat at the table workers because this critical work will stop. Aiken and South Carolina who are interested when determining the ultimate disposition I support your amendment as being in the in the safe removal and disposition of high- of any materials left in the state. We concur best interest of the citizens of South Caro- level radioactive wastes. with Governor Sanford that according to lina who are interested in the safe removal Without your amendment, activities to re- analysis by the South Carolina Department and disposition of high level radioactive move and dispose of high level radioactive of Health and Environmental Control, the wastes. Please convey my position on this wastes will be stopped and wastes will re- cleanup process envisioned by Section 3116 important matter to your colleagues in Con- main in the less safe liquid form in fifty-year will provide ‘‘a decision making framework gress. old underground tanks. Instead of com- in which the State is included.’’ Sincerely, pleting waste removal by 2018, wastes will re- We appreciate your efforts on behalf of the FRED B. CAVANAUGH, main in tanks for a significantly longer pe- Aiken Community to get this cleanup done Mayor. riod of time. Additionally, the SRS cannot expeditiously and your continued efforts to afford to loose these highly trained and do it in a way that decreases the impact on AIKEN COUNTY COUNCIL, skilled employees. the taxpayers of this nation. Aiken, SC, May 25, 2004. In closing, the Greater Aiken Chamber of Senator W. Greg Ryberg, Senator Thom- Hon. LINDSEY O. GRAHAM, Commerce, representing 900 businesses and as L. Moore, Senator Nikki Setzler, U.S. Senate, Washington, DC. 40,000 employees within the region believes Representative Robert S. Perry, Jr., DEAR SENATOR GRAHAM: This letter comes that it is critical that your amendment be Representative Donald C. Smith, Rep- as confirmation of my support of Section enacted into law. Again, thank you for your resentative William ‘‘Bill’’ Clyburn, 3116, Defense Site Acceleration Completion continued support of the greater Aiken re- Representative J. Roland Smith, Rep- in the FY 2005 Department of Defense Au- gion. resentative James ‘‘Jim’’ Stewart, Jr., thorization Bill, S. 2400. This bill will allow Signature, Representative Ken Clark. for an accelerated clean up of the Savannah CHARLES WEISS, Mr. GRAHAM of South Carolina. Mr. River Site. President & CEO. President, I have another letter from Aiken County is very concerned with the Mr. GRAHAM of South Carolina. Mr. storage of high level radioactive waste in President, I have letters from the the mayor of Aiken, Fred Cavanaugh, aging tanks at the Savannah River Site. who worked at this site, supporting Under the present Nuclear Waste-Policy Act, mayor of Jackson, SC, which is down this agreement. In addition, I have a the cleanup could leave the waste in the site; the Aiken Electric Cooperative; letter from Ronnie Young, the chair- aging storage tanks for approximately 30 ad- the Economic Development Partner- man of the Aiken County Council, ditional years. This possibly is the most po- ship from Aiken; the Nuclear Regu- where the council endorses this amend- tentially hazardous condition to the people latory Commission has blessed this ment. and environment of South Carolina. project saying that what is left in the I have a letter from the Chamber of However, with the acceptance of Section tank is waste incidental to reprocess- 3116, Defense Site Acceleration Completion, Commerce, the people who have to the Department of Energy and the South ing; the Defense Nuclear Facilities make a living. I can assure you the Carolina Department of Health and Environ- Safety Board has looked at this amend- Aiken County Chamber of Commerce mental Control will be able to move much ment; the North Augusta Chamber of believes this will not poison the area. more quickly to cleanup the Savannah River Commerce, a community on the other It will do absolutely the opposite. It Site, with an estimated savings of $16 billion side of the site; and the SRS Retiree will make it more attractive. to the taxpayers. Association, people who worked their I ask unanimous consent to print During the cleanup, it is of major impor- whole lives out there supporting this. tance to the citizens of South Carolina that those letters in the RECORD. Mr. President, quickly, we will have There being no objection, the mate- we are allowed to retain an oversite role in the cleanup process. more time to talk. This is a big deal to rial was ordered to be printed in the I urge you and your fellow statesmen to my State. Similar efforts are ongoing RECORD, as follows: allow for the accelerated cleanup process at in other States, and I hope they get CITY OF AIKEN, SC, the Savannah River Site and to provide a de- there. I am not going to do anything to May 26, 2004. cision making framework in which the State prejudice their ability to get there on Hon. LINDSEY GRAHAM, of South Carolina is included. their terms. I am simply asking that Russell Senate Building, If you have additional questions or need the deal struck between the environ- other information, please contact me at (803) Washington, DC. mental regulators and our Governor in DEAR SENATOR GRAHAM: I want to thank 642–1690. you for the positive work you are doing on Sincerely, South Carolina be approved so that we behalf of the citizens of our country, South RONNIE YOUNG, can clean up the rest of these tanks, Carolina and closer to home, Aiken County. Chairman, Aiken County Council. the 49 remaining, in an economically More precisely, thank you for seeking a reso- and environmentally sound fashion. lution to the questions related to the defini- GREATER AIKEN CHAMBER OF COMMERCE, That is all this has ever been about. tion of—radioactive waste incidental to re- May 25, 2004. The PRESIDING OFFICER. The Sen- processing (WIR). As we know, radioactive Hon. LINDSEY GRAHAM, ator’s 5 minutes have expired. waste stored in underground tanks is the Russell Senate Office Building, Washington, Who yields time? greatest potential risk to public health and DC. The Senator from Colorado. DEAR SENATOR GRAHAM: Let me begin by the environment at the Savannah River Site Mr. ALLARD. I yield 6 minutes to (SRS), and unless resolved, the WIR lawsuit saying thank you for your efforts in seeking and related issues will stop these critical ac- a resolution to the uncertainties related to the Senator from Georgia. tivities. Your amendment to the Senate the definition of radioactive waste incidental The PRESIDING OFFICER. The Sen- Armed Services Committee Authorization to reprocessing (WIR). Radioactive waste ator from Georgia. Bill will allow for the continued removal and stored in underground tanks is the greatest Mr. CHAMBLISS. Mr. President, I disposition of the waste in a safe manner, potential risk to public health and the envi- thank Chairman ALLARD for yielding and we believe it is critical that it be en- ronment of the Savannah River Site, and un- to me at this time. acted into law. less resolved, the WIR lawsuit and related I rise today in opposition to the Your amendment allows SRS to continue issues will stop those critical activities. amendment by the Senator from Wash- to remove waste and close tanks to the same Your amendment to the Senate Armed Serv- ington, but I do so by first saying that standards and with the same diligence as in ices Committee authorization bill will allow the past. It has the endorsement of SC/DHEC for the continued removal and disposition of this is an extremely complex issue. I and the Governor of South Carolina. Under waste in a safe manner. happened to be presiding one night your amendment SC/DHEC will continue to SRS has safely removed radioactive wastes when the Senator from Washington oversee and approve all SRS waste removal from underground tanks for almost ten years stood up and talked about her amend- and disposal activities thus assuring contin- and has permanently closed two tanks. ment. I respect very much the issues ued protection to the public and environ- These efforts were permitted by the South she has delineated. She has done a very ment. Carolina Department of Health and Environ- good job of articulating the complexity Conversely, without your amendment, ac- mental Control (SC/DHEC) with the over- tivities to remove and dispose of high level sight of the U.S. Environmental Protection of this issue and why it needs to be radioactive waste will be stopped and wastes Agency. The Nuclear Regulatory Commis- thought through so carefully before we will remain in the less safe liquid form in sion has reviewed the SRS program and stat- vote, as we are going to do today. fifty year old underground tanks. Instead of ed that it is comparable to commercial re- After carefully reviewing the facts, I completing waste removal by 2018, wastes quirements and standards. am convinced the language adopted in

VerDate May 21 2004 03:50 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.021 S03PT1 S6406 CONGRESSIONAL RECORD — SENATE June 3, 2004 the Armed Services Committee related tion of who has the authority to set On this issue, we certainly disagree. I to disposal of nuclear waste at the Sa- cleanup standards and policies is re- think it is a change in strategy, or at vannah River Site is prudent and that solved. In fact, the procedures which least a deal that has been cut behind this language should not be struck. section 3116 would allow have been in closed doors, because I do view it as a The Savannah River site is located in place since the early 1980s. change to the Nuclear Waste Policy Aiken, SC, right on the South Caro- I would also like to note, in response Act. That is the way my State views it. lina-Georgia border. About half the to those who believe the low-yield That is the way 20 newspapers across folks who work at the Savannah River sludge should be removed in the tanks the country view it. That is the legal site live in my State. Operations and at the Savannah River Site and other opinion of staff, that it is a change to the treatment of waste at the Savan- facilities, that the process of removing the definition of what is high-level that sludge would increase the risk to nah River Site affect my State, as well waste. as South Carolina, because if there is workers by sevenfold and significantly any polluting, if there is any leakage, increase the risk to the environment I point out that South Carolina, up it will go into the Savannah River based on the risk of extracting the until the Senator’s amendment, has which is on the border of South Caro- tanks and transporting the additional been pretty consistent. I have an Au- lina and Georgia. fuel thousands of miles across country, gust 12, 2003, letter sent to the Sec- Current provisions of the Nuclear significantly increasing the exposure retary of Energy from the State of Waste Policy Act in the fiscal year 2005 to the population at large. South Carolina, signed by the State of funding for the Savannah River Site re- Section 3116 in the underlying bill South Carolina saying DOE already has strain and preclude planned risk reduc- will prevent substantial delays, the ac- the tools it needs to address this issue; tion activities in the treatment and companying health and safety risks, that it does not need to use a sledge disposition of radioactive waste. Sec- and increases in the expense of remov- hammer to get the job done, and goes tion 3116 is extremely important to the ing and disposing of this material, a ahead and says they should use the cur- Department of Energy’s environmental delay in expense not driven by public rent definition of the law. remediation and cleanup efforts at the health and safety considerations but, Also in March 2004, a couple of Savannah River Site. It will resolve in fact, contrary to public health and months ago, South Carolina said DOE both the nuclear waste policy and fund- safety. ing issues and allow these risk-reduc- Without clarifying the law, the delay cannot ignore Congress’s intent by tion activities to continue. would likely create more serious simply calling high-level waste by a This provision will allow the cleanup health and safety risks to workers and different name. And later, South Caro- of these materials 23 years earlier and members of the public by leaving the lina goes on to say this poses a threat at an estimated cost savings of $16 bil- waste in tanks longer and risking leaks to the citizens’ health and natural re- lion. Regardless of the cost savings, it to ground water. Delays in increased sources. costs will require DOE to divert re- is imperative that the cleanup of the So I find it very interesting that the Savannah River Site be completed at sources from other efforts across the complex in a manner that would sig- State of South Carolina filed those the earliest date possible. documents in court, sent letters to the The Savannah River Site is currently nificantly distort the Department’s cleanup and other priorities. There is Secretary of Energy making those home to 49 tanks containing 35 million statements, and now all of a sudden gallons of radioactive material that is less risk to the workers, the environment, and the communities by remov- South Carolina has changed its posi- divided into three types of waste: liq- tion. I don’t know if they were saying uid, sludge, and sediment. Section 3116 ing the waste from the tanks, extracting the high-level waste from the other they didn’t believe in their case and will allow South Carolina and the De- that is why they wanted to spend the partment of Energy to execute the types of waste for appropriate disposal, and stabilizing any small amount of State’s legal time and money filing it. agreement that has been reached on low-level waste residues in place in the I don’t know if they have their cabinet how best to treat this tank waste. officials signing letters to the Sec- In 1997, the Savannah River Site be- tanks using a cement grout. Physicists, not lawyers, should deter- retary of Energy that they don’t became the first site in the Department mine if radioactive waste is high- or lieve. But I think actually the issue is of Energy complex to close a high-level low-level waste. The physical charac- the State of South Carolina has been waste tank. The language in the bill teristics, not the source, of radioactive pretty consistent. In fact, the House was worked out with great care be- waste should determine if it is high- Members, when this issue was before tween the State of South Carolina, level or low-level waste. the House of Representatives, said let’s State environmental regulators, Sen- I hope my colleagues will join me in not put any language in changing the ators on both sides of the aisle, and the opposing this amendment by sup- definition of what is high-level waste. Department of Energy. porting an expeditious and safe cleanup If there needs to be a study, we are I quote from a letter sent to the Sec- of the nuclear waste at the Savannah willing to study it. That is what the retary of Energy from the Defense Nu- River site. members of the South Carolina delega- clear Facility Safety Board in relation I yield the floor. tion voted on. So I think they have to section 3116 of the Defense bill, the The PRESIDING OFFICER. Who been pretty consistent. section this amendment will strike. yields time? The letter states: The Senator from Washington. While my colleague, the junior Mem- The Board believes that disposal of wastes Ms. CANTWELL. Mr. President, I ber from South Carolina, is trying to as contemplated in Section 3116 can be ac- will yield to the Senator from New move ahead on nuclear waste cleanup, complished safely and should enable efficient Mexico, the ranking member of the En- I think we have a disagreement among disposition of the radioactive waste. ergy Committee, to give a statement, ourselves and with what South Caro- It is true that an Idaho district court but before that I want to enter into the lina’s position has been consistently struck down the DOE rule which set record a couple of documents and make for several years now, and that is that procedures for nuclear waste disposal a statement. DOE has the authority. What DOE across the board. However, the court First, I have great respect for the wants to do is leave waste behind. They struck down this rule based not on the junior Senator from South Carolina don’t have the authority to do that, content of the rule but because they and his work on so many issues. He did nor does science think that is a pru- thought the rule exceeded DOE’s juris- a great service for many men and dent way to deal with this issue. diction. I agree DOE should not have women in this country by leading a I ask unanimous consent to have unilateral ability to determine nuclear battle in getting health care coverage waste disposal policy. However, I be- for the National Guard. There is a that material printed in the RECORD, lieve the procedures DOE has imple- large percentage in our State serving Mr. President. mented at the Savannah River Site are in the National Guard in both Iraq and There being no objection, the mate- sound and that these procedures should Afghanistan, and I know my State rial was ordered to be printed in the be allowed to continue while the ques- thanks him on this. RECORD, as follows:

VerDate May 21 2004 02:14 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.055 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6407 SUMMARY OF ARGUMENT DOE’s recent statements to Congress ap- section 3116 and follow-on sections. NATURAL RESOURCES DEFENSE COUNCIL, ET AL. pear to exaggerate the impacts of the recent Section 3116 is labeled the Defense Site VERSUS SPENCER ABRAHAM, SECRETARY, DE- judicial decision on high-level waste classi- Acceleration Completion. That is the PARTMENT OF ENERGY, ET AL. fication. The federal court decision only con- name of the section. That is a fair In the late 1970s and early 1980s, Congress firmed long-standing national policy, which characterization of what the provision requires disposal of high-level waste in a recognized that spent nuclear fuel and radio- intends to do. It does propose to hasten active waste generated as a result of the re- geologic repository while allowing properly treated, less radioactive wastes to be dis- the day when the Department of En- processing of spent nuclear fuel pose a grave, ergy can declare its work complete. long-term threat to public health and the en- posed elsewhere. The court’s ruling allows DOE to proceed In my view, it does not accelerate in vironment. As a consequence of this threat, with retrieval and treatment of liquid waste any way the cleanup of DOE defense Congress enacted the NWPA to ensure that from tanks at Hanford, Savannah River and this waste is permanently isolated in a deep sites. It does accelerate the date that INEEL. If the wastes in question are not geologic repository. In both the NWPA and DOE can declare its responsibility highly radioactive following treatment, DOE the Atomic Energy Act (AEA), Congress de- completed. In fact, to the contrary, the has the ability now to develop a classifica- fined ‘‘high-level radioactive waste’’ to re- provision allows the Department of En- tion strategy to qualify these wastes for quire DOE to consider first, the source of the ergy to abandon its commitment to management, including disposal, outside a waste and second, the concentration of fis- high-level waste repository. What the court clean out these sites and to walk away sion products in solidified wastes. The defini- rejected was giving DOE free rein to override from them while there are substantial tion follows: ‘‘(A) the highly radioactive ma- national policy as expressed in the Nuclear amounts of high-level radioactive terial resulting from the reprocessing of Waste Policy Act. waste still in the ground. spent nuclear fuel, including the liquid waste The States of Idaho, Oregon, South Caro- Section 3116 is not a model of clarity. produced directly in reprocessing and any lina and Washington participated in the law- solid material derived from such liquid waste I am told the provision no longer ap- suit, not as parties, but as friends of the that contains fission products in sufficient plies to DOE sites in Washington State, court to protect our interests in safe, cost-ef- concentrations; and (B) other highly radio- Idaho, and in New York as it once did. fective, timely cleanup and responsible use active material that the Commission, con- It now only applies to high-level radio- of repository capacity. As you may know, sistent with existing law, determines by rule active waste tanks at Savannah River, last November the states made a concrete requires permanent isolation.’’ 42 U.S.C. proposal to resolve these issues outside of S.C. There is not specific language in 10101(12). The AEA incorporates this defini- litigation, outlined, the legal and practical the provision saying that, but I am cer- tion by reference. 42 U.S.C. 2014(dd). risks associated with continuing to litigate tainly willing to accept the intent of By using the same definition in the NWPA this matter, and offered to enter into medi- the provision. and AEA, Congress made plain its intent to ation with the parties. DOE rejected our ef- The obvious question is, what is in include spent nuclear fuel reprocessing waste forts and choose to litigate instead. resulting from defense activities within the the Savannah River tanks? From 1953 Today we renew our offer to work with scope of the HLW disposal scheme that Con- until the end of the cold war, the De- DOE to develop a waste classification strat- gress established in the NWPA. Congress partment of Energy at Savannah River egy that ensures protective, cost-effective, clearly intended that the definition of HLW has made plutonium for our nuclear and timely disposal of the nation’s defense would apply to both commercial and defense high-level radioactive waste in a manner weapons. It did so by irradiating ura- waste and that HLW from both sources consistent with the court’s opinion. nium fuel in five nuclear reactors on would be permanently isolated. This intent We urge you to reconsider your strategy that site and it then reprocessed the becomes even clearer when reading this defi- and to work with the states on a reasonable spent fuel to separate the plutonium nition in the context of Congress’s reasons solution within the framework of existing from the highly radioactive waste for enacting the NWPA, to wit, permanently law. By doing so, we can do the job right products. The waste material consists isolating radioactive waste because of the without jeopardizing progress on repository long-term danger it poses to human health of a mixture of highly toxic, hazardous development, slowing down cleanup or un- chemicals used in the chemical separa- and the environment. dermining public trust in our efforts. The evaluation method of DOE Order 435.1, tion process—a mixture of that along C. STEPHEN ALLRED, however, establishes a system for reclassi- Director, State of with a wide variety of highly radio- fying high-level radioactive waste that pro- Idaho Department of active fission products and transuranic vides DOE unlimited discretion to determine Environmental elements, formed during the nuclear whether a large volume of highly radioactive Quality. reaction. Some of these fission prod- waste stored in or near our states is required TOM FITZSIMMONS, to be disposed of in a deep geologic reposi- ucts emit intense amounts of radiation Director, State of tory. Such unfettered discretion is not pro- over a short period of time. Others Washington Depart- vided for in the NWPA or AEA and this emit less intense amounts of radiation ment of Ecology. Court should affirm the District Court’s de- over a much longer period of time. R. LEWIS SHAW, cision invalidating DOE’s attempt, through Deputy Commissioner, Both pose a serious danger to the pub- Order 435.1, to ignore the criteria in these South Carolina De- lic health and to the environment. statutes. partment of Health The short-lived radionuclides remain and Environmental dangerous for hundreds of years. The AUGUST 12, 2003. Control. long-lived ones remain dangerous for Hon. SPENCER ABRAHAM, MICHAEL W. GRAINEY, thousands of years. U.S. Department of Energy, Director, State of Or- The Department of Energy has been Washington, DC. egon Department of DEAR SECRETARY ABRAHAM: The Depart- storing this mixture in 51 steel tanks Energy. ment of Energy and states affected by DOE at Savannah River. The tanks each facilities face technical, political, and fiscal Ms. CANTWELL. I yield 20 minutes hold on average about a million gallons challenges as we decide how to treat and dis- to the Senator from New Mexico who, of waste. In other words, each is about pose of high-level waste created by Cold War- as the ranking member from the En- the size of our Capitol dome. I repeat, era reprocessing. It will take our combined ergy Committee, knows of our efforts we have 51 of those tanks, each about efforts to devise and implement responsible, to try to get the Senate Armed Serv- the size of the Capitol dome, located at effective policies that protect human health ices Committee not to deal with this Savannah River. The waste in the Sa- and the environment as well as respect taxpayer dollars. issue since they didn’t have jurisdic- vannah River tanks is, by definition, We write to express concern with DOE’s tion over it. He sent a letter to the high-level radioactive waste. We have current strategy for addressing this key committee urging them on that and been using that term in our laws now issue. DOE’s recent proposal to reopen the has had a great deal of history on this for over 30 years. Different laws have Nuclear Waste Policy Act runs counter to issue. worded the definition differently, but our mutual interests. I yield the floor to the Senator from they have all said essentially the same Fortunately for our shared high-level New Mexico. thing, and that is that high-level radio- waste challenge, reasonable solutions exist The PRESIDING OFFICER. The Sen- active waste is the material that re- within the current law without undermining ator from New Mexico is recognized for public trust in DOE’s efforts to properly sults from reprocessing spent fuel, and manage nuclear waste. DOE already has the 20 minutes. that includes both the liquid waste pro- tools it needs to address this issue by mak- Mr. BINGAMAN. I thank the Senator duced directly in reprocessing and any ing internal policy changes; it doesn’t need a from Washington for yielding me time solid material that settles out of the sledgehammer to do the job. to speak to her amendment to strike liquid or is derived from it.

VerDate May 21 2004 03:50 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.027 S03PT1 S6408 CONGRESSIONAL RECORD — SENATE June 3, 2004 There are two important legal con- els sometime before the end of this Hanford next year and with regard to sequences that flow from this tank millennium, they do not, according to the Idaho National Engineering and waste being defined as high-level radio- the Department of Energy, require per- Environmental Laboratory next year? active waste. The first legal con- manent isolation in the deep geologic And with regard to West Valley Dem- sequence is that its disposal is sub- repository. onstration Plant the year after that? jected to licensing and regulation by The first test in section 3116 may Enactment of section 3116 may also the Nuclear Regulatory Commission. look like a serious hurdle, but accord- toll the death knell from the Civilian That is required under the Energy Re- ing to the Department of Energy, 99 Nuclear Waste Program that we have organization Act of 1974, which was percent of the radioactivity in the had in place for many years. That pro- signed into law by President Ford. tanks passes that test. gram is already in serious jeopardy. It The second legal consequence is the The second test is no better. It re- is years behind schedule. It is likely to waste must be buried in a deep geologi- quires the secretary to determine that be grossly underfunded this year. It is cal repository, rather than being left ‘‘highly radioactive radionuclides have beset by lawsuits and serious technical where it is. This is a requirement we been removed to the maximum extent challenges. Shipping nuclear waste on put into law in the Nuclear Waste Pol- possible.’’ The second test speaks to the public highways and railways will icy Act of 1982 which was signed into the first proof of radionuclides, in- be extremely unpopular. Section 3116 law by President Reagan. tensely radioactive, short-lived ones sends the message that we do not need The Department of Energy has begun which DOE believe make up 99 percent a deep geologic repository for Savan- removing the liquid waste from the of the radioactivity in the tanks. nah River tank waste, that it is safe to tanks at Savannah River and turning it The second test is no test at all. It leave those wastes where they are. into glass logs and storing the glass does not require DOE to reduce the The obvious question is, If it is safe logs until they can be buried in a geo- highly radioactive short-lived radio- to leave high-level waste in the Savan- logic repository which is expected to be nuclides to meet a public health and nah River tanks, why not leave those built at Yucca Mountain. Removing all safety standard based on the maximum same kinds of wastes at Hanford and at of the sludge that has settled to the safe dose to the public or a maximum the Idaho laboratory? If it is safe to bottom of these tanks clearly is going concentration level. It simply says do leave defense wastes where they are, to prove difficult and expensive. So to what can be done ‘‘to the maximum ex- why not leave commercial powerplant sidestep that requirement, the Depart- tent practicable.’’ wastes where they are, as well? ment of Energy would like to reclassify That means, as the court said last For all these reasons, I urge my col- the waste as something other than summer, ‘‘if DOE determines that it is leagues to vote for Senator CANTWELL’s high-level radioactive waste and leave too expensive or too difficult to remove amendment and to strike section 3116 it where it is. short-lived radionuclides from the from the bill. Years ago the Department of Energy waste, DOE is free to say the waste is I yield the floor. adopted an administrative order assert- no longer high-level radioactive waste, The PRESIDING OFFICER. Who ing that they had the authority to do even though it will remain dangerous yields time? that. Last fall a Federal judge in Idaho for centuries.’’ Mr. ALLARD. I yield myself 5 min- held the order was unlawful. The third test is the most illusory of utes. The Department is now asking Con- the three. At first glance it appears to I reiterate for the record this was a gress to change the law and to give the subject the disposal of the tank wastes collaborative approach between the Department of Energy the power the to State regulation. If the third test is State of South Carolina and the De- court said the Department did not meant to do that, it marks a major department of Energy. They sat down for have. Section 3116 would do that, so far parture in the law. The courts have hours and they looked at wherever ju- as the Savannah River tanks are con- consistently held that the Atomic En- risdiction was and said: We have a com- cerned. The language of 3116 is very ergy Act preempts the States from reg- mon goal. We would like to remove this clear. It says notwithstanding all of ulating nuclear waste disposal. The waste as soon as possible. So they have the laws that say Savannah River third test confers no authority on the worked out an agreement. wastes are high-level radioactive State to regulate nuclear waste dis- That is what this amendment is all wastes, the Secretary of Energy, in his posal. It clearly states that South about that Senator GRAHAM is talking discretion or her discretion, can decide Carolina’s Regulatory Authority must about. It is good science. We have a lot they are not high-level radioactive be ‘‘conferred on the State outside this of support out there. In fact, in an En- wastes. Act.’’ So far as I am aware, there is no vironment and Public Works hearing in The Secretary’s discretion would not Federal law that gives South Carolina the year 2000, my colleague from South be entirely without limits. Section 3116 or any other State the authority to Carolina mentioned that particular imposes three tests that have to be met regulate the disposal of high-level ra- hearing where they talked about the for the Secretary to exercise this dis- dioactive defense waste. disposal of nuclear waste. The Natural cretion, but on close examination those The only agency with authority to Resources Defense Council actually tests impose very few restrictions on regulate the disposal of high-level ra- said the regulation of radioactive the Secretary. Let me talk a minute dioactive waste is the Nuclear Regu- waste should be based on its hazardous about each of these three tests. latory Commission. The NRC has had characteristics and not when it was The first test is that the material that authority for 30 years. Section generated. ‘‘does not require permanent isolation 3116 strips it of that authority, limits That is what has been proposed by in a deep geologic repository.’’ As I its role to one of ‘‘consultation’’ and the Department of Energy. The Nu- said before, the high-level radioactive ‘‘review’’ of criteria. clear Regulatory Commission had this waste is made up of both intensely ra- My conclusion is that section 3116 is to say about what the Department of dioactive short-lived radionuclides and a very troubling provision. It Energy is trying to do with the work: less intensively radioactive long-lived deregulates the disposal of the Savan- In all cases, the NRC staff found that radionuclides. The first step speaks to nah River tank waste in all but name. DOE’s proposed methodology and conclu- the second group of less intensely ra- It is essentially the legislative equiva- sions met the appropriate WIR criteria and dioactive long-lived radionuclides. The lent of the ‘‘Mission Accomplished’’ therefore met the performance objectives need for permanent isolation correlates banner we saw on the aircraft carrier and dose limits that would apply to near-sur- with the length of time the material that allowed the Department of Energy face low-level waste disposal and would pro- remains radioactive. According to the to declare its work was done and to tect public health and safety. Department of Energy, over 99 percent walk away from its obligations. This was out of the letter sent May of the radioactivity now present in the Section 3116 also sets a terrible 18, 2004, to the Chair of the Committee high-level waste tanks is from short- precedent, in my view. If we agree to on Environment and Public Works, lived radionuclides. These will remain give DOE this authority at Savannah JAMES INHOFE. dangerous for several hundred years. River in this bill this year, why not I have another letter from the De- But because they will decay to safe lev- give the same authority with regard to fense Nuclear Facilities Safety Board.

VerDate May 21 2004 02:14 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.043 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6409 When it comes to safety, they are Now, I do not have enough technical tanks containing thousands of gallons of ra- strong advocates for safety. One sen- knowledge—I do not even dream of un- dioactive material, and then leave it to New tence illustrates what this letter is all derstanding all that would go into York State to monitor and maintain the about, dated May 14, 2004: making a decision about how to define closed tanks to protect the groundwater for thousands of years. The Board believes that disposal of waste high-level nuclear waste—but people While I am in favor of expediting the as contemplated in Section 3116 can be ac- were concerned about that decision by cleanup of radioactive waste, speed should complished safely and should enable efficient the Department of Energy, and so they not come at the expense of completing clean- disposition of the radioactive waste. sued over the change. ups essential to protecting public health and This is the agreement, again, worked When the Department of Energy lost safety. It is my understanding that there is out between South Carolina and the in court, a suit on which my State of sufficient work for DOE to do at all of the Department of Energy. New York filed an amicus brief, in sup- sites in question, including West Valley, I yield back my time. port of overturning the Department of while DOE works with the states, tribes, and The PRESIDING OFFICER. The Sen- Energy change, then, obviously, the public health and environmental advocates to develop final cleanup solutions that are ator from Washington. Department of Energy chose a different Ms. CANTWELL. How much time re- acceptable to all parties. route. Very truly yours, mains? They first tried it on the Energy bill. The PRESIDING OFFICER. There is GEORGE E. PATAKI, But because of other conflicts over the Governor. 61 minutes for the Senator from Wash- Energy bill, they were not successful. ington and 86 minutes 41 seconds for So then they came back with the De- [From the Buffalo News, May 10, 2004] Senator ALLARD. partment of Defense bill. Unfortu- DANGEROUS GAMES—FEDERAL EFFORT TO Ms. CANTWELL. Mr. President, I nately, this was a closed process, and BURY NUCLEAR WASTES AT WEST VALLEY IS yield 10 minutes to the Senator from many people who would otherwise have UNCONSCIONABLE New York. The federal Department of Energy is try- The PRESIDING OFFICER. The Sen- an opinion were not able to participate. I think this is not in the best inter- ing to use administrative sleight of hand to ator from New York is recognized. avoid its responsibility in the cleanup of nu- Mrs. CLINTON. Mr. President, I am ests of making policy on such an important issue. It may very well be that clear waste at West Valley and several other strongly in support of the Cantwell- states. Hollings amendment. To me, this dean open policy process—with hearings This contemptible effort involves down- bate is about process, policy, and with the committees of jurisdiction grading the threat of nuclear waste, thereby precedent. In my view, the provision in being involved—would lead to the allowing the government to bury that dan- the underlying bill that the Cantwell State of South Carolina having dif- gerous material at West Valley and other amendment replaces fails all three ferent options than other States. I sites instead of shipping it to a permanent tests. could understand that. But that is not repository as called for in a 1982 law. how this has come before us. Fortunately, New York Sens. Charles E. As my colleagues have explained, the Schumer and Hillard Rodham Clinton recog- reason we are in the Senate debating Certainly, on behalf of the State of New York, they are very much opposed nized this downgrading for what it was, a this issue is that the Armed Services threat to West Valley and surrounding areas Committee added language to the De- to the underlying language in the DOD from the possibility of future leakage of this partment of Defense authorization bill, authorization. I want to express the radioactive material. After they protested giving the Department of Energy broad State’s opposition. the legislation, Sen. Lindsey Graham, a Re- new authority to reclassify nuclear Mr. President, I ask unanimous con- publican from South Carolina who intro- waste so it can be left in place rather sent to have printed in the RECORD a duced the bill that would have allowed the DOE to downgrade the threat of nuclear than disposed of according to the best letter from Gov. George Pataki, dated May 6, 2004, addressed to Senator wastes, altered his bill. It now will apply technical know-how. only to the waste remediation project at Sa- LEVIN, as well as an editorial from the Along with the Presiding Officer, I vannah River, S.C. am privileged to serve on the Armed Buffalo News dated May 10, 2004. But that doesn’t remove the danger. The Services Committee. I consider it a There being no objection, the mate- House, essentially led by Republican Major- great honor and responsibility. How- rial was ordered to be printed in the ity Leader Tom DeLay, still has to consider ever, I simply do not think we should RECORD, as follows: the DOE legislation. That cannot be a com- be including a shift in nuclear waste STATE OF NEW YORK, forting thought to residents living near West cleanup policy in the DOD bill. Any Albany, NY, May 6, 2004. Valley. The department argues that the wastes major change to the Nuclear Waste Hon. CARL LEVIN, Ranking Member, Armed Services Committee, should be classified as ‘‘high-level’’ based Policy Act, which is what the under- Washington, DC. only on how they originated, not what they lying language represents, should be DEAR SENATOR LEVIN: I urge you to oppose are. But what they are is still bad, still ra- considered by the committees of juris- language proposed by the Department of En- dioactive and still a federal responsibility. diction, the Energy Committee and the ergy (DOE) in the FY05 Department of De- Decades of expensive cleanup progress have Environment and Public Works Com- fense Authorization Act that could allow improved safety at West Valley, but the mittee. Any major change in the Nu- DOE to reclassify high level radioactive work is far from over. The radioactive liquid clear Waste Policy Act should be con- waste contained in underground tanks at wastes from a nuclear fuels reprocessing ef- several DOE sites across the country, includ- fort have been solidified into safer glass logs, sidered in open hearings where a range ing the former spent nuclear fuel reprocess- which were supposed to be stored elsewhere. of views can be expressed. ing facility at West Valley, New York. In But the anticipated long-term storage facil- Instead, a major change was made to July 2003, a federal district court ruled that ity at Yucca Flats is years from completion. this essential policy of our Nation in a DOE’s order permitting such reclassification Tanks and residual wastes still remain at closed markup of the Armed Services violates the Nuclear Waste Policy Act. DOE West Valley, and an underground plume of Committee. The committees of juris- has appealed that decision to the United water is contaminated with radioactive diction were not consulted about the States Circuit Court of Appeals, and the ap- strontium. Covering wastes with concrete language in the bill. We have had no peal remains pending. New York and the won’t help that. The 600,000 gallons of West Valley wastes hearings about this language yet here States of Washington, Oregon, Nevada, and South Carolina filed an amicus brief in that have their counterpart in nuclear weapons we are on the Senate floor debating it. case opposing DOE’s position that it has the production wastes at other sites—53 million Even some of my friends on the other authority to reclassify high level radioactive gallons at Hanford on the Washington-Or- side of the aisle who are supporting it waste in order to shirk its responsibility to egon border, 34 million gallons at Savannah have cloaked their support in luke- safely remove it. River near Aiken, S.C., and 900,000 gallons at warm language because it is not all The reclassification of high level radio- the Idaho National Engineering and Environ- clear what the full implications of active waste would allow DOE to leave the mental Laboratory. these changes would be. high level waste in the ground where the West Valley is the only site where the A few years ago, the Department of tanks are located, instead of shipping the state shares the cost of cleanup. high level waste to a federal repository, as Those costs may run into the tens of bil- Energy decided to change the defini- required under the Nuclear Waste Policy lions of dollars over decades, but the mess tion of high-level waste by its own fiat, Act. This reclassification would be particu- remains a federal issue. At West Valley, the notwithstanding years of precedent and larly egregious at West Valley, where DOE is risk includes not only the site’s land but statutory language to the contrary. proposing to close underground storage water drainage that flows into Buttermilk

VerDate May 21 2004 02:14 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.046 S03PT1 S6410 CONGRESSIONAL RECORD — SENATE June 3, 2004 Creek, Cattaraugus Creek and Lake Erie. Mrs. CLINTON. So when the Depart- beginning, this language being put into Trace amounts of that radioactivity have ment of Defense markup approached, the DOD bill. I appreciate her com- been tracked as far as Buffalo. The DOE also is threatening to withhold New York Governor George Pataki ments about the fact that basically we $350 million in cleanup money from military- wrote to Chairman WARNER and Rank- are taking a bill that is about defense related cleanup efforts unless it gets a ing Member LEVIN urging them not to authorization and now changing waste change in the definition of what constitutes include DOE’s language in the bill. policy, and weighing down the process. high-level waste. That bit of weaseling does While the provision was changed be- Why would we want to weigh down the department no credit. These sites were fore the markup, and it is now intended the process of moving something that created by the federal government, and the only to affect the Savannah River site, is about supporting our troops and sup- federal government should not be allowed to DOE’s original language would have af- walk away from them. porting our efforts with a change in nu- Acceptable cleanup at West Valley in- fected West Valley and the other sites clear waste policy? The House dealt volves removal of all wastes and dismantling I have mentioned. We know that is ex- with this responsibly. They said: If you and removal of the contaminated structures actly what DOE is aiming for. That is want to look at this policy, let’s study that were used to process and store them. their goal and their objective, to try to it and get information. So that is what The government cannot be allowed to escape reclassify nuclear waste. the House has done. that responsibility through administrative So New York State remains opposed Mr. President, I yield the Senator trickery. to section 3116 of the bill. On behalf of If the federal government truly could end a from Washington 15 minutes. problem by renaming it, we’d already be at the Governor and my State, I am supporting the Cantwell amendment, be- The PRESIDING OFFICER. The Sen- ‘‘mission accomplished’’ in Iraq. ator from Washington is recognized for Mrs. CLINTON. I am concerned how cause I think we need a different process to get to the point of determining 15 minutes. this is being portrayed, and I am sure Mrs. MURRAY. Mr. President, I rise it is meant to be a fix for a specific sit- what our nuclear waste classification system should be. today in support of the Cantwell uation in South Carolina, but it is set- amendment. I thank my colleague ting a precedent. That is what we do It is certainly a very difficult issue. I respect the Presiding Officer’s concern from Washington State for her tireless around here. We set precedents. It is effort on this issue and her commit- hard to imagine that the Department about the cost. I share that concern. These are incredibly expensive under- ment to assuring the Federal Govern- of Energy would be satisfied only tak- ment meets its responsibility to the ing their new definition to one State. takings that go on for decades. But, in effect, we are cleaning up the mess we people of our State by fully cleaning up It would be South Carolina first, but the Hanford site. then what would be next? made. We made it for military pur- In particular, I am concerned about poses. We made it for commercial pur- Today, on the Senate floor, there is western New York where we have a site poses. We owe it to ourselves and fu- an unprecedented attack on my State’s known as West Valley. Through the ture generations to do it as well as it ability to ensure that we clean up the West Valley Act, the Federal Govern- can be done. I, for one, hope we can nuclear waste that threatens the fami- ment and the State of New York take this issue off the floor of the Sen- lies I represent. I am here to fight it. I agreed, decades ago, to partner to re- ate by passing the Cantwell amend- am here to send a clear message to the process commercial nuclear waste. In ment. Then let’s have the hearings in administration: You should be back at many respects, this project has been a the Energy Committee and the EPW the table working with all the States success, but in the last several years Committee. If there is a role for the and all of Congress instead of trying to the site has been the subject of a bitter Armed Services Committee, let’s do it get the Senate to bail you out of a debate between the Federal Govern- there, also, because, for me, this is set- court case that you lost. ment and the State of New York. Why ting a precedent that is very troubling, The handwriting is on the wall. The would that be? Because, in New York’s to have a matter this important de- White House wants Washington fami- view, the Department of Energy is not cided in such a quick consideration in lies to accept a lower cleanup standard. fulfilling its responsibilities for the a closed markup of the Armed Services They are holding our funding hostage. cleanup obligations it assumed under Committee. I hope we will support the They are fighting us in court. They are the West Valley Act. Cantwell amendment, and then put our pushing misguided legislation right I bring this up because it is directly heads together to determine if there here on the Senate floor. relevant, even though it is not the are differences between Savannah If the White House wins this attempt same act. The West Valley site has the River, Hanford, and West Valley that to leave more nuclear waste untreated, same type of waste that the Depart- merit different classifications. If there then Washington State families will ment of Energy would be able to reclas- are new advances in dealing with how lose. That is why I am on the Senate sify at Savannah River under section we would grout over the high-level nu- floor with my colleague from the 3116 of the Department of Defense bill. clear waste—we know that has not State, Senator CANTWELL, fighting the That is no coincidence. worked in the past; maybe it can work bill’s nuclear waste provisions and Rather, the language that the De- now—then we can proceed in a more standing up for my State. partment of Energy originally sought sensible manner that protects the I know my colleague from Wash- to include in both the Energy bill last health and safety of our people and pre- ington agrees that the fastest, most ef- year and the DOD bill this year would serves the environment in the areas fective way to clean up America’s con- have provided the DOE with general where this waste is stored and dispose taminated nuclear sites is for the DOE authority to reclassify high-level of it appropriately. to work as a partner with the States. wastes at Hanford, Savannah River, I thank the Senator from Washington But sadly, we are here today seeing a the Idaho labs, and West Valley. for being such a leader on this issue. new attempt by the White House to The PRESIDING OFFICER. Who Now, obviously, West Valley does not overreach its authority, to circumvent yields time? have the mind-boggling quantities that a court case it lost and blackmail my are present at other sites, but we are The Senator from Washington. Ms. CANTWELL. Mr. President, I State into accepting a lower cleanup still talking about 600,000 gallons of standard. That threatens the families I waste. That is a significant amount. It thank the Senator from New York for coming to the floor and speaking on represent, and I am not going to stand is not a problem that New York State for it. or the local governments in the area this issue, and for her leadership in the What is at stake is the cleanup of the will be able to handle if the Depart- Senate Armed Services Committee. Before my colleague from Wash- Hanford nuclear reservation in the tri- ment of Energy decides it can wash its ington and I got a whiff of this plan, cities in Washington where we devel- hands literally of its responsibility. The PRESIDING OFFICER. The Sen- because the Senate Armed Services oped the plutonium that helped our ator’s time has expired. Committee met behind closed doors on country win World War II and the cold Mrs. CLINTON. Mr. President, I ask this issue and the language was consid- war. My grandfather settled in the tri- unanimous consent for 5 more minutes. ered behind closed doors—I appreciate cities in 1916. My dad grew up there. The PRESIDING OFFICER. Without the fact that the Senator from New My dad saw how much those commu- objection, it is so ordered. York was there fighting, at the very nities sacrificed to help our Nation

VerDate May 21 2004 03:50 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.026 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6411 have a strong military. Our country again raised concerns about this mat- parties to consider mediation. The has an obligation to make those com- ter. But this attempt is part of a much NRDC and the States quickly agreed to munities whole, not leave them with longer and disturbing effort. the court’s request. Amazingly, DOE high nuclear waste that has leaked I want to take a few minutes to re- rejected the court’s request. I believe from underground tanks. view the history because it shows an this is an absolutely critical point be- Any time someone has threatened administration that is venturing far cause it demonstrates the Department our cleanup efforts, I have taken them outside the standard practice in ways has never approached this issue with a on, and it doesn’t matter if they are that threaten my State and many oth- mindset open to considering the Democrats or Republicans. In the 1990s, ers. States’ concerns or those of the win- when the Clinton administration pro- Let me first offer some background ning plaintiff. This is the second time posed inadequate budgets for the Han- on the Department of Defense bill that DOE rejected offers by other interested ford cleanup, I took them on, and I is before the Senate. The underlying parties to cooperatively address this used my position in committee and on bill contains two provisions dealing issue. This was a tremendous oppor- the Senate floor to get my State the with high-level nuclear waste and the tunity to try and reach broad con- funding we needed. Every time the Department of Energy’s authority for sensus, and DOE passed it up. The Bush administration has tried to cut cleaning up nuclear waste sites in our court’s mediation offer would have had Hanford funding, it had a fight on its country. One provision seeks to with- a neutral court-appointed mediator and hands from this Senator. It is one of hold funding from States that don’t a very good forum for resolving dif- the reasons I joined with my colleagues agree to give up their regulatory over- ferences. In fact, this could still hap- in 2001 to create the Senate Nuclear sight of certain high-level waste. The pen, and it should. Cleanup Caucus so that all commu- second provision deals directly with My point in walking through the his- nities across the country that are deal- the cleanup of the Savannah River site tory of the issue is to highlight the ing with nuclear waste will have a in South Carolina. But in reality, it fact that the Department of Energy strong bipartisan voice in the Senate. has serious implications for every nu- has had many opportunities to resolve Time and again I have taken on this clear waste site in the country. this issue with the States and with the White House when it tried to hurt the The Department of Energy is making original litigants. It rejected State of- families I represent, and I have the a great deal of noise about a court case fers to resolve issues before litigation scars to prove it. In fiscal year 2002, the it lost. The DOE is claiming it cannot went forward. And more amazingly, it Bush administration tried to cut Han- proceed with cleanup sites in Idaho, rejected the Idaho district court’s re- ford funding by $57 million. I worked in South Carolina, and Washington State quest for parties to use mediation after committee and on the floor to deliver until legislation is passed that essen- it lost the case. The States and liti- $145 million more for Hanford than the tially overturns that court’s decision. gants accepted the court’s offer. DOE President’s budget. Then in fiscal year I believe it is important to look at rejected it, and that is inexcusable. 2003, the Bush administration tried to how we came to this position today, be- Bluntly, to me, it appears that DOE cut Hanford funding by $300 million. cause it clearly illustrates how DOE has allowed this issue to be taken over They also tried to hold our cleanup dol- has refused good-faith offers to resolve by its legal people. lars hostage unless we would jump this issue between the original liti- Recently environmental manage- through the hoops they set out for us. gants, six States, and the Department. ment Assistant Secretary Jesse With my support, the Senate rejected So let me give you all a short history Roberson testified to us that DOE and the White House’s misguided attempts. of how the issue developed. Washington State have agreed upon a And through my work on the Energy In 1999, the Department of Energy plan for cleaning up the tanks, and and Water Appropriations Sub- issued regulations giving itself broad that is largely correct. My State is committee, instead of a $300 million authority to reclassify nuclear waste. very eager to work through this and for cut, we added $433 million to the Presi- Essentially, the Department wanted to this work to proceed. The fact is DOE dent’s budget for Hanford. make unilateral decisions about what seems to be the only one that feels new Time and again I have used my posi- it needed to treat and remove from legislation is needed. It is not. The tion on the Budget Committee and the leaking underground storage tanks and original litigants and States want to Energy and Water Appropriations Sub- what waste it could leave in the ground proceed with cleanup and don’t believe committee to protect my State, and I forever. This would be a dramatic de- the Idaho district court ruling presents have gone toe to toe with this adminis- parture from our current system where any obstacles. tration over nuclear cleanup. In Feb- DOE must work with State and Federal Unfortunately, this tactic of fighting ruary of 2002, I sharply questioned the regulators on such matters. the states and trying to do an ‘‘end President’s budget director on their To prevent that type of game play- run’’ around the other partners in the plans to shortchange Hanford. In April ing, the Natural Resources Defense cleanup is not new for this administra- of 2002, I chaired a hearing of the En- Council brought a lawsuit against the tion. The truth is that the fastest, ergy and Water Appropriations Sub- Department of Energy in Idaho district most effective way to clean up these committee to review the Bush adminis- court. Before that case went to trial, sites is for the DOE to work in partner- tration’s work at Hanford and other the NRDC and the States offered to ship with the states and Federal regu- sites. So don’t think for a minute that settle the issue. Unfortunately, the De- lators. Time and time again, however, we in Washington State are going to partment of Energy did not appear to this administration has tried to go it accept these attacks on our ability to take that effort seriously, and they re- alone to the detriment of the residents get a fast and thorough cleanup of the jected that cooperative approach. This who live near these contaminated sites. nuclear waste that is at Hanford. is an important point. When the NRDC The Department of Energy needs to For more than a year, the Depart- and the States offered to work out get back to working in partnership ment of Energy has been trying to these issues outside of the court sys- with the states and federal regulators. change the ground rules so it can leave tem, DOE rejected their offer. So the A unilateral approach will simply cost more waste untreated, declare victory, case went forward and DOE lost. They more money and will only create fur- and walk away from our Nation’s most lost in July of 2003. ther delays. contaminated nuclear sites. They tried One would expect at this point that Governor Kempthorn of Idaho and to do it in the courts, and they lost. DOE would go back to the plaintiff and Governor Locke of Washington are Today they are trying to do it on the the States to settle the issues. But that both opposed to the legislative lan- floor of the Senate. is not what happened. Instead, the De- guage currently in the underlying bill. As my colleagues know, I have been partment appealed to the ninth circuit In fact, I have a letter last month from raising warning flags about this effort and immediately came running here to Governor Locke of Washington state by the administration for many Congress asking for legislation to do outlining his concerns. months. I warned about it in August of what the Idaho court had rejected. For years, Senators and Congressmen last year. In September, upon passage Shortly after that decision, the Idaho with these waste sites located in their of the energy and water bill, I once district court sent out an order asking states and districts have had to fight

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.051 S03PT1 S6412 CONGRESSIONAL RECORD — SENATE June 3, 2004 tooth and nail to get adequate funding from other States do things that to be engaged in these negotiations, to ensure cleanup of these sites. Fur- threaten the families I represent. and Senator CRAIG and I, from Idaho, ther, as a group we have had to fight I have got a message for anyone who and the Senator from South Carolina, back simplistic notions of erecting tries to threaten my State and force us Senator GRAHAM, made it clear we fences and calling the sites clean and to accept a lower standard for cleanup. would take no steps that our States did safe. This constant struggle on behalf Don’t you dare try to tie our hands as not authorize and approve. We actually of our States and districts brought to- we work to protect our communities. provided the incentive for these nego- gether bi-partisan groups of Members The only way we are going to clean it tiations to take place. in both the House and Senate to fight up—quickly and thoroughly is through As we began moving forward, a dy- on these issues. a real partnership with all of the play- namic developed where it became evi- The House and Senate Nuclear Waste ers. I urge the Department of Energy dent that the State of South Carolina, Cleanup caucuses have made a tremen- to get back to its job of cleaning up the because of differences in the State of dous difference in how the administra- waste, rather than wasting valuable South Carolina’s issues, was going to tion and our fellow congressional mem- time seeking help from Congress over a make it through to and reach an agree- bers view the cleanup program. I be- court case that it lost. ment with the Department of Energy. lieve the strength of these caucuses I urge my colleagues to reject the ad- This agreement, as has already been in- have been our unity and commitment ministration’s approach and support dicated, is one supported by the Gov- to protect our state and citizens inter- this amendment. Don’t tie the hands of ernor of South Carolina, the attorney ests in cleanup. We have worked to- communities who are working hard to general, the applicable environmental gether to make sure the federal govern- clean up nuclear waste. Don’t reward regulator, and many others in the ment lives up to its responsibility to the Department of Energy’s heavy- State whose input the Senator from clean up these sites. But the language handed tactics. Don’t leave the fami- South Carolina has brought forth as in this bill is a license for the federal lies I represent with untreated waste part of the record. government to walk away from those that threatens their health and safety. The States of Washington and Idaho, very responsibilities. Leaving more I urge my colleagues to support this however, were not able to reach an waste permanently in the ground is not amendment. agreement. Then we came forward and a real cleanup. Mr. ALLARD. Mr. President, I yield this bill came to the floor, and we have What should be of equal concern to 10 minutes to the Senator from Idaho. now found ourselves here with the every member of this body is the at- Mr. CRAPO. Mr. President, I want to State of South Carolina having an tempt to make such a dramatic legisla- weigh in on this issue and try to bring agreement, and the States of Idaho and tive end run around the Nuclear Waste clarity to what it comes down to. As Washington not having an agreement, Policy Act without any hearing. This has been said by virtually every speak- and the question as to the money. is a real, substantive weakening of a er today, this issue was caused as a re- A very important issue that seems to carefully crafted law. sult of the outcome of a lawsuit in have immediately passed in the debate Yet, we are weakening it without any Idaho with regard to the authority and today is what happened in the begin- broad consensus in this body, any hear- jurisdiction and prerogatives of the De- ning of the debate. Today, my amending before a Senate committee, or any partment of Energy in managing high- ment and the amendment of the Sen- mark-up before the committee of juris- level waste as a result of reprocessing. ator from South Carolina, joined in by diction—the Energy and Natural Re- When the court case came down the Senator CRAIG, were passed with a sources Committee. way it did, it threw into question the voice vote. Those amendments did a I propose to my colleagues that we— manner in which the Department of very critical and important thing. remove the offensive language in the Energy would proceed with its cleanup They made it clear the authorized underlying bill, allow cleanup to pro- operations in three States—Wash- cleanup dollars, the $350 million, were ceed at all three sites, and then set ington, Idaho, and South Carolina. going to largely be able to be made about carefully considering any new There are people on all sides of that available for continuing operations legislation. issue. Some say it is clear what they while we continue to try to work out We need more time to address this have to do. There are those who say it these negotiations. I think that is a big issue in a more thoughtful manner. is unclear. There are those who say we part of the story today that needs to be There is plenty of time for the Energy can find clarity if we take some time made clear, because a big success for and Natural Resources Committee to to work it through between the States the country has been achieved already hold a hearing on this issue and move and the DOE. through those amendments. consensus legislation if necessary. We The bottom line is there was an Secondly, we are now dealing with should not give in to DOE’s efforts to issue. As a result of this issue, the the question of the South Carolina lan- leverage out of Congress bad policy question of funding availability for the guage. When you boil down the debate that gives away the legal protections ongoing cleanup became paramount. It today, it comes down to a question we our states and citizens have currently. was the DOE’s position, as taken by have been focusing on in Idaho. And The blatant attempt by DOE to with- the Office of Management and Budget, that is, does the South Carolina lan- hold funding and stop work should not that if we didn’t have a clear path for- guage create a precedent or some kind be accepted by this Congress. Six ward on these cleanups, approximately of a pressure which would cause us to States have filed an amicus brief op- $350 million that would have been have to deal with this issue in the posing DOE’s efforts. The Governors of available and was authorized and ap- State of Idaho or the State of Wash- Idaho and Washington object to DOE’s propriated for cleanup in these three ington any differently? efforts. The House has not accepted States would not be available in the The answer to that is simply no. In DOE’s language. next year. So the first urgent hurdle fact, I think if there is any precedent I urge my colleagues to support our that came up was we had to make clear in what is happening in this dynamic States and citizens, uphold the Federal that the cleanup had to go on while we today, it is the opposite, because the Government’s responsibility to full and are trying to resolve these issues. State of Idaho, Senator CRAIG, and I real cleanup, and not reward DOE’s The second issue that came up is, made it very clear to the committee, to unilateral approach to cleanup. This how do we resolve them? In that con- the Department of Energy, and to ev- isn’t just about court orders and bu- text, the Senator from South Carolina eryone—and Senator GRAHAM of South reaucratic agreements. This is an obli- is exactly correct. Each of the three in- Carolina joined us in making it clear— gation that we have to communities in volved States—Idaho, my State; his there would be no language in this bill my state that produced the plutonium State, South Carolina; and the State of relating to the State of Idaho unless that helped our country win World War Washington—got involved in negoti- and until the State of Idaho agreed to II and the cold war. ating with the Department of Energy. such language and Idaho’s Senators And there is no way that I am going In fact, in the beginning, there was brought that language forward. That is to let the Bush administration or the some concern from the States, as to why we have very clear language in the Department of Energy or Senators whether they were going to be allowed bill that says the language that deals

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.053 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6413 with South Carolina deals with South have an opportunity because of the The PRESIDING OFFICER. The Sen- Carolina only. vote, we will proceed with this amend- ator from Washington has 33 minutes, Having said that, there still has been ment to make it very clear to anybody and the Senator from Colorado has 751⁄2 a debate promulgated around the coun- who has any lingering doubts that this minutes. try, and it is raging in Idaho with re- Congress has no intention and this Mr. REID. I say to the distinguished gard to this very issue. Is there any statutory language is not intended to manager of the bill, you are probably precedential value in the South Caro- create any precedential pressure or going to have about 10 minutes on your lina language that would cause a value, whether it be in court or in leg- side. threat to any other State, particularly islative negotiations, with regard to Mr. ALLARD. We have one speaker Idaho or Washington? how Idaho, Washington, or, frankly, remaining. Senator CRAIG and I strongly believe any other State will negotiate with the Mr. REID. No objection, Mr. Presi- the answer to that is no, but there is a Department of Energy. dent. question about it. Idaho’s Governor, It should be absolutely ironclad clear The PRESIDING OFFICER. Without Governor Kempthorne, has been quoted already, but Senator CRAIG and I objection, it is so ordered. on this floor as raising the question. So worked with our Governor, and he is Mr. ALLARD. I yield the floor. Mr. LEVIN. Will the Senator yield Senator CRAIG and I, working with the supportive of this effort to resolve this me 10 minutes? Senator from South Carolina and other issue, and we are going to make it very Ms. CANTWELL. I yield the Senator clear to the Nation that this debate Senators, decided we would make it from Michigan 10 minutes. over whether there is some preceden- ironclad clear, if it was not so clear al- The PRESIDING OFFICER. The Sen- tial value here is simply a debate that ready. ator is recognized for 10 minutes. This morning, before this whole de- is contrived to object to allowing Mr. LEVIN. Mr. President, the De- bate began, I asked unanimous consent South Carolina to reach its own solu- partment of Energy has over 100 mil- to bring a further amendment that tion. lion gallons of high-level radioactive It seems to me as we approach this would have made it crystal clear, if it waste stored in 177 underground stor- issue, we must recognize that nothing is not already crystal clear, that there age tanks, many of which are leaking. will happen with regard to the manage- is no precedential value here. Let me The Department of Energy and its ment of radioactive material in the say before I go through what this predecessors have been generating and States of Idaho or Washington or, amendment is, we believe it was crys- storing this high-level radioactive frankly, South Carolina, for that mat- tal clear already in the statutory lan- waste for 50 years. guage, and Senator GRAHAM, Senator ter, unless and until those States The high-level radioactive waste is CRAIG, and I and others have made it agree. That is why Senator CRAIG and I stored basically at three sites—Idaho, clear in the record developed in the de- have been on this floor advocating South Carolina, and Washington. It bate on this bill that there is no prece- States rights and why we will continue was generated by years of reprocessing dential impact of this language be- to do so. nuclear reactor fuels to recover pluto- Senator CRAIG and I have made a cause each State is dealing with its nium and highly enriched uranium for very strong, a very clear position to own circumstances and working out its use in nuclear weapons and other de- own solutions with the Department of the administration and to this Con- gress, which is that our Idaho agree- fense purposes. Energy. The DOE has a small amount of high- ment—which, by the way, was entered Having said that, here is the lan- ly radioactive waste stored in two into in 1995 and ratified by this Con- guage, frankly, we were not given tanks in New York that was generated gress—will not be weakened or altered unanimous consent to put into the bill as a result of a failed effort to process or modified, and that no agreement this morning. The language would have spent nuclear fuel from commercial nu- will be reached on these management said: clear power reactors. issues regarding radioactive materials Nothing in this section shall alter or jeop- At the time the Nuclear Waste Policy and hazardous waste unless and until ardize the full implementation of the settle- Act was debated, the Department of the State of Idaho agrees to that solu- ment agreement entered into by the United Energy wanted the ability to reclassify tion. Those two principles are hard States with the State of Idaho. . . . high-level radioactive waste, including rock, base positions Senator CRAIG and And then there is a description of sludge, to low-level or waste incidental that agreement. I have made very clear. Like I say, if there is any question to reprocessing, for example. Congress Or the Hanford Federal facility agreement denied this authority to the Depart- and consent order, or the Federal facility about what the precedent of these proceedings means, the precedent is that ment of Energy when the Nuclear agreement with the State of Idaho. Waste Policy Act was adopted. Furthermore, nothing in this section es- Senator CRAIG and I will not allow—we The high-level radioactive waste that tablishes any precedent or is binding on the will not allow—this Congress to move States of Idaho, Washington, or any other forward with these kinds of issues. is stored in the Department of Energy State for the management, storage, treat- The PRESIDING OFFICER. The Sen- tanks is highly radioactive. According ment, and disposition of radioactive and haz- ator from Idaho has used 10 minutes. to the State of South Carolina Depart- ardous materials. Mr. CRAPO. I thank the Senator for ment of Health and Environmental We were stopped this morning from this time. I encourage us to support Quality, the 37 million gallons of high- getting unanimous consent—I still do the efforts to make certain these level radioactive waste at the Savan- not understand why—we were stopped things will move forward and particu- nah River site contain 426 million cu- this morning from getting unanimous larly when we bring this amendment ries of radioactivity. consent to put this amendment into that we were not allowed to bring this The Department of Energy was re- the amendment we adopted earlier morning, we encourage the entire Sen- quired under its obligation to clean up dealing with the funding stream. That ate to support it to help make this the nuclear weapons complex to pump is not going to stop us from moving issue crystal clear to anyone who has the liquid waste out of those tanks. this language in an amendment and lingering doubts. The layer of sludge, semihard material putting it on the bill to make it very Mr. ALLARD. Mr. President, I ask that was generated over the years as clear to anybody who still has any unanimous consent that the vote occur solids in the waste that sank to the doubt that there is no intention here of in relation to the Cantwell amendment bottom of the tanks, was included. It is creating any kind of precedent or pres- at 2:10 p.m. today, with the remaining to be left if the DOE has its way. They sure with regard to any other State. time until then divided so Senator would like to leave that sludge in the I want to make it very clear we have CANTWELL controls her remaining time tanks forever. They want to cover the now provided this language to the desk and the remaining time under the con- solids with grout and declare the tanks in the form of an amendment. That trol of Senator ALLARD or his designee. are cleaned up. But by law, by the Nu- amendment will immediately follow Mr. REID. Reserving the right to ob- clear Waste Policy Act, that sludge is the action on this vote with regard to ject, if I can ask the Chair, how much high-level radioactive waste and, as the amendment of the Senator from time does the Senator from Wash- such, must be disposed of as high-level Washington. Presuming that we still ington, Ms. CANTWELL, have? radioactive waste.

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.058 S03PT1 S6414 CONGRESSIONAL RECORD — SENATE June 3, 2004 This sludge accounts for only 8 per- lieve it has been argued on the floor of Mr. WARNER. Mr. President, on May cent of the volume of material in the the Senate today that this language in 20, 2004, there was some question tanks, but it accounts for over half of 3116 does not amend the Nuclear Waste whether the Senate Armed Services the radioactivity. So under the DOE Policy Act. One can perhaps argue Committee was the correct committee plan, over half of the radioactivity in that, but it is a quibble because the law of jurisdiction to consider the matter the tanks at Savannah River would re- or the section we are talking about by of cleaning up and closing tanks filled main in the ground, covered by grout, its very words allows the Department with defense nuclear waste. presumably forever. of Energy to ignore the Nuclear Waste During the discussion on May 20, Again, this sludge is high-level radio- Policy Act. Whether that constitutes 2004, there were to have been printed in active waste as defined in the Nuclear an amendment is not the point. It is an the RECORD materials including the Waste Policy Act. So for the Depart- effective amendment of the law for an- President’s budget request, appropria- ment of Energy to succeed in leaving other law to come along and say one tions acts, and authorization acts, the sludge at the bottom of the tanks, can ignore the first law. That is what which prove, irrefutably, that the the waste has to somehow or another this language does. It says: funds for the cleanup and closure of the be redefined. So they issued an order to Notwithstanding any other provision of nuclear waste tanks at the Hanford DOE under which it gave itself the au- law, with respect to material stored at a De- Site in Washington, Idaho National En- partment of Energy site at which activities thority to reclassify high-level radio- gineering and Environmental Labora- active waste. That way it could leave are regulated by the State pursuant to approved closure plans or permits issued by the tory, and the Savannah River Site in the sludge in the tanks. State, high-level radioactive waste does not South Carolina, are appropriately Under that order, the Department of include radioactive material resulting from within the jurisdiction of the Senate Energy would have reclassified the the reprocessing of spent nuclear fuel that Armed Services Committee. high-level radioactive waste in the the Secretary of Energy determines . . . I will ask that this material be print- tank—the sludge—either as low-level Then they go 1, 2, 3, 4, which obvi- ed in the RECORD, today. radioactive waste or as waste inci- ously the Secretary of Energy has al- Additionally, I am including the per- dental to reprocessing activities. By ready determined. That is what the tinent portions of the Standing Rules issuing that order, the Department of issue is all about. It is whether we are of the Senate regarding committee ju- Energy sought to give itself what Con- going to maintain language in the bill risdiction. Listed under the section on gress had previously denied it, which which says that the law which exists as the Committee on Armed Services it was the authority to reclassify high- to what constitutes high-level nuclear expressly includes ‘‘the national secu- level radioactive waste. waste can be ignored and that the De- rity aspects of nuclear energy;’’ under So the lawsuit began with the Nat- partment of Energy is authorized to the section on the Committee on En- ural Resources Defense Council suing spend all the money in this bill—$350 ergy and Natural Resources it ex- the Department of Energy in Federal million—in carrying out activities district court in Idaho, claiming that pressly includes ‘‘nonmilitary develop- which would be in violation of the Nu- ment of nuclear energy;’’ and under the the Department of Energy did not have clear Waste Policy Act, except for the the authority to reclassify high-level Committee on Environment and Public fact that section 3116 says, ‘‘notwith- Works it expressly includes ‘‘nonradioactive waste and that the sludge, standing any other provision of law.’’ military environmental regulation and as high-level radioactive waste, had to The heart of this matter is that this be disposed of in an NRC licensed geo- language in the bill, unless it is strick- control of nuclear energy.’’ I believe logic depository. The States of South en, authorizes the Department of En- these Rules show clearly and unambig- Carolina, New York, Washington, and ergy to spend all of the money we pro- uously that the Senate Armed Services Idaho, the States where the waste is vide on activities which are incon- Committee is the proper committee to stored, and other States, filed friend- sistent with the Nuclear Waste Policy consider defense nuclear waste cleanup of-the-court briefs on behalf of the Nat- Act. We should not be authorizing the issues. ural Resources Defense Council. The Department of Energy to ignore the Finally, it is worth noting that, in Federal district court in Idaho ruled in Nuclear Waste Policy Act by spending 1982, the portion of the Nuclear Waste favor of the States and against the De- money pursuant to an agreement with Policy Act dealing with defense nu- partment of Energy. The Department South Carolina which is inconsistent clear waste was sent to the Senate of Energy has appealed that decision. with the Nuclear Waste Policy Act, ac- Armed Services Committee for consid- The Department of Energy, in an ef- tivities which are not allowed by the eration. fort to force States to accept the no- Nuclear Waste Policy Act. For all of these reasons, I assert that tion that it should be allowed to reclas- So those words, which sound awfully the Senate Armed Services Committee sify waste, has determined in its budg- legalistic—and I guess they are—‘‘not- is the correct committee to consider et request to hold hostage the funds withstanding any other provision of cleanup and closure activities con- that were to be used to pump the liquid law,’’ tell the Department of Energy cerning defense nuclear waste. waste from the tanks until the States they are hereby authorized to ignore There being no objection, the mate- resolved the lawsuit in the DOE’s favor the law that Congress wrote. rial was ordered to be printed in the or that there would be legislation giv- The Department of Energy and its RECORD, as follows: ing the DOE the authority to reclassify predecessor tried to get the very au- STANDING RULES OF THE SENATE the high-level radioactive waste. thority that it now would have by con- (c)(1) Committee on Armed Services, to Senator CANTWELL’s amendment tract if we approve that contract, not- which committee shall be referred all pro- would strike the section in the bill withstanding the provision of the Nu- posed legislation, messages, petitions, me- that would allow the Department of clear Waste Policy Act which this Con- morials, and other matters relating to the Energy to ignore the law. The law says gress adopted and adopted very con- following subjects: it is high-level radioactive waste. sciously to make sure that the waste— 1. Aeronautical and space activities pecu- Section 3116 in the bill has many im- sludge—was included in high-level nu- liar to or primarily associated with the development of weapons systems or military portant provisions, but there are not clear waste. operations. six more important words in this sec- Finally, this language was debated 2. Common defense. tion than the words ‘‘notwithstanding quite heatedly in our markup at com- 3. Department of Defense, the Department any other provision of law.’’ What that mittee. There were a couple of close of the Army, the Department of the Navy, means is that notwithstanding the Nu- votes that were cast. In my judgment, and the Department of the Air Force, gen- clear Waste Policy Act or perhaps a the Senate Armed Services Committee erally. number of other environmental laws, is not the place where we either should 4. Maintenance and operation of the Pan- the Department of Energy is allowed to be amending the Nuclear Waste Policy ama Canal, including administration, sanita- Act or authorizing the Department of tion, and government of the Canal Zone. enter into contracts and agreements 5. Military research and development. such as they have with the State of Energy to ignore the Nuclear Waste 6. National security aspects of nuclear en- South Carolina. Policy Act. I, therefore, support the ergy. Now, one can quibble as to whether Cantwell amendment and hope that 7. Naval petroleum reserves, except those that is an amendment of the law. I be- this Senate adopts the amendment. in Alaska.

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.060 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6415 8. Pay, promotion, retirement, and other 13. Oil and gas production and distribution. 14. Regional economic development. benefits and privileges of members of the 14. Public lands and forests, including 15. Solid waste disposal and recycling. Armed Forces, including overseas education farming and grazing thereon, and mineral ex- 16. Water pollution. of civilian and military dependents. traction therefrom. 17. Water resources. 9. Selective service system. 15. Solar energy systems. (2) Such committee shall also study and re- 10. Strategic and critical materials nec- 16. Territorial possessions of the United view, on a comprehensive basis, matters re- essary for the common defense. States, including trusteeships. (2) Such committee shall also study and re- (2) Such committee shall also study and relating to environmental protection and review, on a comprehensive basis, matters review, on a comprehensive basis, matters resource utilization and conservation, and relating to the common defense policy of the lating to energy and resources development, port thereon from time to time. United States, and report thereon from time and report thereon from time to time. to time. (h)(1) Committee on Environment and Pub- DEPARTMENT OF ENERGY FY 2005 (g)(1) Committee on Energy and Natural lic Works, to which committee shall be re- CONGRESSIONAL BUDGET REQUEST Resources, to which committee shall be referred all proposed legislation, messages, pe- PROPOSED APPROPRIATION LANGUAGE ferred all proposed legislation, messages, petitions, memorials, and other matters relat- titions, memorials, and other matters relating to the following subjects: For the Department of Energy expenses, ing to the following subjects: 1. Air pollution. including the purchase, construction, and ac- 1. Coal production, distribution, and utili- 2. Construction and maintenance of high- quisition of plant and capital equipment and zation. ways. other expenses necessary for atomic energy 2. Energy policy. 3. Environmental aspects of Outer Conti- defense site acceleration completion activi- 3. Energy regulation and conservation. nental Shelf lands. ties and classified activities in carrying out 4. Energy related aspects of deepwater 4. Environmental effects of toxic sub- the purposes of the Department of Energy ports. stances, other than pesticides. Organization Act (42 U.S.C. 7101 et seq.), in- 5. Energy research and development. 5. Environmental policy. cluding the acquisition or condemnation of 6. Extraction of minerals from oceans and 6. Environmental research and develop- any real property or any facility or for plant Outer Continental Shelf lands. ment. or facility acquisition, construction, or ex- 7. Hydroelectric power, irrigation, and rec- 7. Fisheries and wildlife. pansion; [$5,651,062,000] $5,620,837,000, to re- lamation. 8. Flood control and improvements of riv- main available until expended[; Provided 8. Mining education and research. ers and harbors, including environmental as- that the Secretary of Energy is directed to 9. Mining, mineral lands, mining claims, pects of deepwater ports. use $1,000,000 of the funds provided for regu- and mineral conservation. 9. Noise pollution. latory and technical assistance to the State 10. National parks, recreation areas, wil- 10. Nonmilitary environmental regulation of New Mexico, to amend the existing Waste derness areas, wild and scenic rivers, histor- and control of nuclear energy. Isolation Pilot Plant Hazardous Waste Per- ical sites, military parks and battlefields, 11. Ocean dumping. mit to comply with the Provision of section and on the public domain, preservation of 12. Public buildings and improved grounds 310 of the Act]. (Energy and Water Develop- prehistoric ruins and objects of interest. of the United States generally, including ment Appropriations Act 2004.) 11. Naval petroleum reserves in Alaska. Federal buildings in the District of Colum- 12. Nonmilitary development of nuclear en- bia. EXPLANATION OF CHANGE ergy. 13. Public works, bridges, and dams. None. FUNDING PROFILE BY PROGRAM

FY 2003 com- FY 2004 origi- FY 2004 comparable appro- nal appropria- FY 2004 ad- parable appro- FY 2005 re- priation tion justments priation quest

Defense Site acceleration Completion: 2006 Accelerated Completions ...... 1,234,037 1,248,453 ¥9,435 1,239,018 1,251,799 2012 Accelerated Completions ...... 2,102,613 2,236,252 ¥36,914 2,199,338 2,150,641 2035 Accelerated Completions ...... 1,811,563 1,929,536 ¥11,161 1,918,375 1,893,339

This PBS supports the mission of the high- place using grout all high-level waste tanks In FY 2003 and FY 2004 this PBS included level waste program, at the Savannah River and support systems; and ensure that risks appropriations of $4,842,000 and $51,196,000, re- Site, to safely and efficiently treat, stabilize, to the environment and human health and spectively, for design of the Salt Waste Proc- and dispose of approximately 37 million gal- safety from high-level waste operations are essing Facility under line-item 03–D–414, lons of legacy highly radioactive waste. This eliminated or reduced to acceptable levels. Project Engineering and Design. Addition- waste is stored in 49 underground storage The end-state of this project will result in ally, $20,139,000 was appropriated in FY 2004 tanks (approximately 33.1 million gallons of the permanent disposal of all the liquid high- and $43,827,000 is requested in FY 2005 for the radioactive salt waste and 3.9 million gallons level waste currently stored at the Savannah construction of the Glass Waste Storage of radioactive sludge waste). In addition, the River Site as well as all legacy high-level Building #2, line-item 04–D–408. Savannah River Site will: reduce the volume waste from planned nuclear materials stabilization activities by FY 2019. It will also In FY 2005, the following activities of high-level waste by evaporation to ensure result in the permanent closure of the re- are planned to support the accelerated that storage tank space is available to remaining 49 underground storage tanks by FY ceive additional legacy waste volume from cleanup of the Savannah River Site. 2020 (two of the original 51 tanks have al- on-going nuclear material stabilization and ready been closed in place in FY 1997 using Fill 250 canisters with vitrified waste, com- waste processing activities; pretreat the grout). plete fabrication of Melter Number 3, and high-level waste by segregating the waste Because of uncertainties associated with a place procurement contracts for Melter into sludge, low curie salt, low curie salt recent court ruling that finds the Depart- Number 4 at the Defense Waste Processing with higher actinide content, and high curie ment’s plans to reclassify some high-level Facility. salt with higher actinide content allowing waste (Waste Incidental to Reprocessing) in Continue preparation of Sludge Batch 4 less costly treatment methods to be used on violation of the Nuclear Waste Policy Act, with the removal of bulk waste from three the waste containing lower curie levels (ra- the Department believes it is inadvisable to High-Level Waste tanks. dioactivity) and shorter lived radionuclides; proceed with certain planned FY 2005 activi- In support of the High-Level Waste system, vitrify sludge and high curie/high actinide ties at this time. Therefore, those activities high-level waste into canisters and then that are impacted by the court decision are continue capacity-based operation of the H store and ship the canisters to the Federal presented in the High-Level Waste Proposal and F Tank Farm Disposition and Effluent Repository for final disposal; treat and dis- under the Defense Site Acceleration Comple- Treatment Projects. pose the low-level waste fraction resulting tion appropriation including both the design Continue construction of an additional from high-level waste pretreatment as and initial construction of the Salt Waste high-level waste canister storage facility Saltstone grout; treat and discharge evapo- Processing Facility. Funding for this project (Glass Waste Storage Building II) in support rator overheads through the effluent treat will be requested only at such time as the of accelerated Defense Waste Processing Fa- facility; empty and permanently close in legal issue is resolved. cility production.

Cumulative Metrics FY 2003 FY 2004 FY 2005 complete Life-cycle FY 2005 com- FY 2005 quantity plete (percent)

Liquid Waste in Inventory Eliminated (thousands of gallons) ...... 0 1,300 1,900 3,200 33,100 10 Liquid Waste Tanks Closed (Number of Tanks) ...... 0 2 0 4 51 8 High-Level Waste Packaged for Final Disposition (Number of Containers) ...... 115 250 250 1,952 5,060 39

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.038 S03PT1 S6416 CONGRESSIONAL RECORD — SENATE June 3, 2004

Key Accomplishments (FY 2003)/Planned nuclear weapons production. This account DEFENSE SITE ACCELERATION COMPLETION Milestones (FY 2004/FY 2005). includes all geographic sites with an acceler- The conference agreement provides Completed installation of Tank 18 bulk ated cleanup plan closure date of 2006 or ear- $5,651,062,000 for defense site acceleration waste removal equipment (FY 2003). lier (such as Rocky Flats, Fernald and completion, instead of $5,758,278,000 as pro- Completed D&R of the neutralization dike Mound). In addition, this account provides posed by the House and $5,770,695,000 as pro- and tanks at the 2H Evaporator and returned funding for Environmental Management posed by the Senate. Tank 37 to service as a concentrate receipt (EM) sites where overall site cleanup will Accelerated Completions 2006.—The con- tank for the 3H Evaporator (FY 2003). not be complete by 2006 but cleanup projects ference agreement provides $1,248,453,000, an Completed Tank 51 receipt of americium/ within a site (for example, spent fuel re- increase of $3,282,000 over the request to re- curium material from F-Canyon (FY 2003). moval, all transuranic (TRU) waste shipped flect the adjustment for accelerated Oak Replaced the Defense Waste Processing Fa- off-site) will be complete by 2006. Ridge cleanup activities. cility Glass Melter, and returned the Defense 2012 Accelerated Completions.—Provides Accelerated Completions 2012.—The con- funding for completing cleanup and closing Waste Processing Facility to canister pro- ference agreement provides $2,236,252,000, an down facilities contaminated as a result of duction (FY 2003). increase of $7,938,000 over the request to re- nuclear weapons production. This account Implemented the 10 CFR 830 Documented flect the adjustment for accelerated Oak includes all geographic sites with an acceler- Safety Analysis for the High-Level Waste Ridge cleanup activities. ated cleanup plan closure date of 2007 Tank Farms (FY 2003). Accelerated Completions 2035.—The con- through 2012 (such as Pantex and Lawrence Restored Building 512S to operability (FY ference agreement provides $1,929,536,000, a Livermore National Laboratory—Site 300). 2003). reduction of $49,061,000 from the budget re- In addition, this account provides funding Produced 115 canisters of vitrified high- quest to reflect the adjustment for acceler- for EM sites where overall site cleanup will level waste (FY 2003). ated Oak Ridge cleanup activities. not be complete by 2012 but cleanup projects Regulatory close two high-level waste From within available funds, the conferees within a site (for example, spent fuel re- tanks (Tanks 18 and 19), which completes the direct the Department to provide a total of moval and TRU waste shipped off-site) will closure of the first tank grouping (Sep- $6,000,000 for worker training programs and tember 2004). be complete by 2012. 2035 Accelerated Completions.—Provides supporting communications infrastructure, Produce 250 canisters of vitrified high-level oversight, and management activities at the waste (September 2004). funding for completing cleanup and closing down facilities contaminated as a result of Hazardous Materials Management and Emer- Prepare and feed Sludge Batch 3 to the De- gency Response Training and Education Cen- fense Waste Processing Facility (September nuclear weapons production. This account provides funding for site closures and site ter. The conferees direct the Department to 2004). provide $8,500,000 for the Hazardous Waste Complete 512–S modifications necessary to specific cleanup and closure projects that are expected to be completed after 2012. EM has Worker Training Program from within avail- support Actinide Removal Salt Processing able funds. The conference agreement pro- and begin hot operations with salt solutions established a goal of completing cleanup at all its sites by 2035. vides $750,000 from within available funds to (September 2004). the State of Oregon for its oversight activi- Complete the conceptual design for an op- NATIONAL DEFENSE AUTHORIZATION ACT FOR ties related to the Hanford cleanup. timal scale Salt Waste Processing Facility FISCAL YEAR 2004 The conferees direct the Department to (September 2004). pay its title V air permitting fees at the Complete the Tank II Waste Removal DEFENSE ENVIRONMENTAL MANAGEMENT (SEC. 3102) Idaho National Laboratory consistent with Project and Bulk Waste Removal from Tank prior year levels, and to bring the Pit 9 liti- II to accelerate the preparation of Sludge The House bill contained a provision (sec. 3102) that would authorize $6.8 billion for the gation to an end as expeditiously as possible. Batch 4 (September 2004). The conference agreement includes the budg- Complete the dissolution of low curie salt Department of Energy for defense environmental management (EM) activities for fis- et request of $1,356,000 for activities at Am- in Tank 41 (September 2004). chitka Island, Alaska. Pretreat and process 1,300,000 gallons of cal year 2004, including funds for defense site acceleration completion and defense environ- Waste Isolation Pilot Plant.—The Depart- low-level radioactive salt waste into ment’s activities at the Waste Isolation saltstone grout (September 2004). mental services. The Senate amendment contained a simi- Pilot Plant (WIPP) are primarily funded Initiate construction of an additional high- under the Accelerated Completions 2035 sub- level waste canister storage facility (Glass lar provision (sec. 3102) that would authorize $6.8 billion for defense environmental activi- account within the Defense Site Accelera- Waste Storage Building II) (September 2004). ties. tion Completion account. From within avail- Initiate dissolution of low curie salt in The conferees agree to authorize $6.8 bil- able funds for Accelerated Completions 2035, Tank 29 (September 2004). lion for defense environmental management, the conferees direct the Department to pro- Produce 250 canisters of vitrified high-level the amounts of the budget request, including vide an additional $3,500,000 to the Carlsbad waste (September 2005). $5.8 billion for defense site acceleration com- community for educational support, infra- Begin preparing tanks 4 and 6 for bulk pletion and $995.2 million for defense envi- structure improvements, and related initia- waste removal (September 2005). ronmental services. tives to address the impacts of accelerated Complete bulk waste removal in Tank 5 The conferees support the continuing ef- operations at WIPP and an additional (September 2005). forts of the Department of Energy to accel- $1,500,000 to consolidate at Carlsbad all Prepare Sludge Batch 4 and initiate prepa- erate cleanup at all of the environmental record archives relevant to the operations of ration of Sludge Batch 5 (September 2005). management (EM) sites, which will result in WIPP and the transuranic waste in WIPP. reducing risk to the environment, workers, The PRESIDING OFFICER. The Sen- FISCAL YEAR 2005 APPENDIX OF THE U.S. and the community, shortening cleanup GOVERNMENT—DEPARTMENT OF ENERGY ator’s time has expired. schedules, and saving tens of billions of dol- Who yields time? DEFENSE SITE ACCELERATION COMPLETION lars across the EM complex. The conferees The Senator from Colorado. also support a policy that would take funds For Department of Energy expenses, in- Mr. ALLARD. Mr. President, I yield 8 cluding the purchase, construction, and ac- made available due to the cleanup comple- quisition of plant and capital equipment and tion of Fernald, Mound, Rocky Flats and minutes to the Senator from South other expenses necessary for atomic energy other sites, and roll them into the remaining Carolina. defense site acceleration completion activi- EM sites to help accelerate their completion The PRESIDING OFFICER. The Sen- ties, and classified activities in carrying out even sooner, if possible. ator from South Carolina is recognized the purposes of the Department of Energy for 8 minutes. MAKING APPROPRIATIONS FOR ENERGY AND Organization Act (42 U.S.C. 7101 et seq.), in- Mr. GRAHAM of South Carolina. I cluding the acquisition or condemnation of WATER DEVELOPMENT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2004, AND FOR OTHER thank the Senator for yielding. any real property or any facility or for plant The long and short of this is that all or facility acquisition, construction, or ex- PURPOSES—CONFERENCE REPORT—ENVIRON- pansion; ø$5,651,062,000¿ $5,620,837,000, to re- MENTAL AND OTHER DEFENSE ACTIVITIES three States—South Carolina, Idaho, main available until expendedø: Provided, DEFENSE ENVIRONMENTAL MANAGEMENT and Washington—have been negoti- That the Secretary of Energy is directed to The conference agreement provides a total ating to define waste classification use $1,000,000 of the funds provided for regu- of $6,626,877,000 for Defense Environmental standards in their States for a long latory and technical assistance to the State Management instead of $6,748,457,000 as pro- time. of New Mexico, to amend the existing WIPP posed by the House and $6,743,045,000 as pro- On January 26, 2004, Congressman Hazardous Waste Permit to comply with the posed by the Senate. This funding is provided HASTINGS, Senator MURRAY, and Sen- provisions of section 310 of this Act¿. (En- in two separate appropriations: $5,651,062,000 ator CANTWELL sent a letter to Gov- ergy and Water Development Appropriations for Defense Site acceleration Completion and Act, 2004.) $991,144,000 for Defense Environmental Serv- ernor Locke and Secretary Abraham 2006 Accelerated Completions.—Provides ices, and also includes a rescission of that asked them to work together to funding for completing cleanup and closing $15,329,000 from the Defense Environmental resolve the ongoing dispute over waste down facilities contaminated as a result of Management Privatization account. classification. Please listen to what I

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.045 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6417 just said. There has been a process in happen. I hope I will be man enough, Washington has a problem. Of all the place in Washington since January 26 Senator enough, not to stand in the States, Washington needs to reach to try to find a way to reach an agree- way. If the Governor of Idaho, the Gov- agreement to make these tanks dry. I ment with the Department of Energy ernor of Washington, the attorney gen- don’t want to be a Washington. I don’t to classify waste in that State so eral, the environmental regulators, the want to look back 10 years from now cleanup can move forward. chamber of commerce, the mayor of and have this process slowed down to a The letter did not say, call LINDSEY the Hanford community, the commu- crawl and my ground water get con- GRAHAM from South Carolina and see if nities involved in Idaho—if they say we taminated. you can get his permission. It did not have a deal that doesn’t affect or preju- The NRC has said this is safe and say, call LARRY CRAIG and MIKE CRAPO. dice my State or change nuclear policy that what is left in the tank is no It said, call Spence Abraham and see if in any significant way, I hope I will longer high-level waste; it meets the you all can work together. say: Go forward; God bless you; I am definition of low-level waste. About The Governor wrote back to the Dep- glad you were able to reach an agree- hearings, Senators ALLARD, INHOFE, uty Secretary of Energy and said that ment to clean up your States because DOMENICI, have been talking about the the Governor’s chief of staff would be you fought very hard to win the cold plans to clean up the tanks in three the point of contact for negotiations war. States for well over 4 years. The De- February 12, 2004. From mid-February For those who are worried about the partment of Energy has been working to April 13, they have been sending safety issue in my State, I appreciate with each State with a separate clean- drafts back and forth about how to de- the concern. I did not make up this sce- up plan for a long time. They have been fine cleanup and what is clean in Han- nario. I am reacting to input from my negotiating with Washington since ford. They have been doing the same State. I have been involved in the nego- January. We have discussed how you thing in Idaho. We have been doing the tiations. They called me. They drafted would treat South Carolina, Idaho, and same thing in South Carolina. All of us the language and they have told me, Washington through hearings in an ex- have one thing in common: We oppose and sent letters—the Governor and the haustive manner. the Department of Energy’s efforts to environmental regulators: We have a If you make us have more hearings, I unilaterally determine what ‘‘clean’’ is deal, LINDSEY, that we can live with. am going to be right back here asking and walk away. We have already closed up two tanks of you to bless this agreement because That is why we had the lawsuit. That the 51. So we know in South Carolina, the agreement has been a collaborative is why South Carolina joined as a unlike the other two sites, we can ex- process that has been going on for 2 friend of the court. The letters my tract the liquid waste, grout the tank, years and all you are going to do is friend from Washington read, about and have it not affect the ground water throw us in chaos because if we can South Carolina objecting to DOE’s because we have done it twice and we veto each other, then we will never are trying to move forward at a faster moving forward, was an objection to a clean up. If you are insisting on a rate. unilateral process where DOE would standard that fits all of these sites, it They are telling me: LINDSEY, we have the final say about how to clean have a deal that will allow us to clean will never be reached. up the tanks and remove waste. Mr. President, I commend to my col- up the tanks and get the liquid waste All of us in all three States believe leagues the transcripts from the Armed out 23 years ahead of schedule and save we should be involved. But it has never Services hearing of February 25, 2004— been the policy or the process where all $16 billion. I say to my colleagues, I cannot what we talked about, the waste clean- three States have to agree to the same make that happen unless you allow it up process; Senator DOMENICI’s Energy standard because, Members of the Sen- to happen. If it does happen in Idaho and Water Subcommittee hearing of ate, that is impossible to achieve be- and it does happen in Washington, and March 31, 2004, same topics discussed; cause the waste scenario and the waste I believe it will one day, you are going and pages 1 through 47 of the EPW stream problems in Idaho are com- to have to do the same thing for those committee hearing of July 25, 2000. pletely different. States. My colleagues, I need your help. I The film we are trying to leave be- To my friends in New York, the want to make sure the tanks don’t hind in South Carolina, that inch and a waste stream you are discussing and leak. We have a sound plan that will quarter of film that will be left in that you talked about on the floor is not affect your States. It will only help South Carolina and not sent to Yucca not remotely similar to the waste mine. I want to help you. Please help Mountain, doesn’t exist in the tanks in stream we are talking about here. This me. Idaho, and the tanks in Washington is defense waste. The PRESIDING OFFICER (Mr. have a totally different design. To my friends in Maine who have SUNUNU). Who yields time? Three States have been working in spent nuclear fuel, it is covered under a Mr. LEVIN. Mr. President, how much the defense arena to find a common whole different section. Here is what time do both sides have? ground with DOE to make sure the you have to understand. If you have The PRESIDING OFFICER. The pro- States don’t get left holding the bag, spent fuel rods in your State, defense ponents control 221⁄2 minutes. The op- and we also made sure no State can waste has priority in Yucca Mountain. ponents of the amendment control 1 take over defining ‘‘high-level radio- If we are going to insist the cleanup minute. Who yields time? The Senator active waste.’’ That stays with the standards be beyond what good science from Washington. Federal Government. But the agree- says and we are going to take that Ms. CANTWELL. Mr. President, I ap- ment we have achieved said the State extra 23 years and spend that extra $23 preciate my colleague’s characteriza- of South Carolina has the final permit- billion, you are going to run out of tion of this issue. I think we have had ting authority and you cannot leave space in Yucca Mountain to send your somewhat of a debate this morning. I those tanks in a condition that will spent fuel. think probably for most people, includ- hurt South Carolina. I say to my friend Senator ENZI, ing my colleagues, what we have done They are trying to do the same thing thank you. Every State has an obliga- is shown that this is a very complex in Washington and Idaho. I hope they tion to help where it can. South Caro- issue, a very complicated issue, and get there. But if they do get there, lina can retain the film on the bottom that it needs more discussion than a they are going to have to do the same of these tanks in a safe and sound man- few hours on the Senate floor, because thing I am doing today. They are going ner, and it is not necessary to extract what is at stake here is the lives of in- to need legislative language blessing it, take 23 years, and spend $16 billion dividuals who are living in these com- that agreement. There will be an to send it to Nevada. We can safely munities, whose ground water may be amendment of the Waste Policy Act. take care of it in South Carolina. We contaminated, whose safe drinking That is going to have to happen. In have done it twice and we want to do it water in the future may be contami- 1995, legislative language was brought more so we can get this waste out of nated at levels that are not sustainable to the Senate to bless an agreement the tanks, because the biggest threat in these areas. Idaho achieved regarding another to my State and to all the States is Let’s recap for a second where we waste stream. That is going to have to seepage and leakage of the waste. have been in this debate, because I will

VerDate May 21 2004 03:50 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.063 S03PT1 S6418 CONGRESSIONAL RECORD — SENATE June 3, 2004 have printed in the RECORD, for my col- level waste. It leaves all of these States pollution in the ground water in your leagues to understand, the 1989 agree- with a debate with DOE that DOE can State. We refused to agree to this pol- ment between Washington State and say this waste is no longer high level. icy and be held hostage by DOE. DOE, and the 1995 agreement between We can transport it. We can do what- The Senators from Idaho do not need the State of Idaho and DOE on cleanup. ever we want with it. We can fill tanks any other language. They want their Let me point out, we have agree- with grout. It is a very dangerous State protected on this issue. They ments. We have agreements with the precedent. want their dollars for cleanup pro- Department of Energy on cleanup. The Senator is getting rid of the Fed- tected. The Cantwell amendment pro- They are agreements that basically eral framework. No State has the abil- tects the State of Idaho. I am sure that say: DOE, keep making progress on ity to negotiate on its own a Federal is what the response will be from the cleanup and please continue to follow cleanup standard. Imagine if the State State of Idaho and the State of Wash- the Federal statute. The issue at hand of Michigan discussed with EPA this is ington and others as they look at this is that somehow my colleague from what the clean air standard should be policy. It corrects onerous activities South Carolina has been persuaded by for the State of Michigan? What if that happened when the Defense au- the Department of Energy—an argu- Florida and the EPA decided what safe thorization bill moved through the ment the State of Washington refused drinking water standards are for the Senate Armed Services Committee and to buy, I might add, an argument the State of Florida? We have never oper- marked up policy changes to environ- State of Idaho refused to buy—that ated that way. mental policy of which that committee somehow cleanup means we have to re- The Senator from South Carolina re- does not have oversight. classify waste. fuses to address that his State can only My colleagues can say we have had So, yes, States in this country have deal with leaving tank waste in the lots of debate about cleanup and lots of continued to push DOE on agreement. ground, which he is proposing we do, by budget discussions. I don’t think any- We had agreements on the books. It is changing the Federal standard. The De- one can seriously stand in the Senate unfortunate that DOE has not been partment of Defense authorization bill and say the change in definition of haz- able to be trusted to get cleanup done changes the definition of high-level ardous nuclear waste is the jurisdiction in a timely fashion. That is why States waste. It is changing the Federal of the Senate Armed Services Com- have continued to push them. standard. It is then leaving those mittee. It is not. The Parliamentarian Agreements are in place. And our States subject to DOE’s whim on how has already ruled on that. That is the State continues, as Idaho and South much ground waste and water pollu- jurisdiction of the Energy Committee. Carolina admit in a court filing that tion will be there in those tanks at My colleagues on the other side of they do not trust DOE and that DOE Hanford, at Savannah River, and in the aisle are ignoring the hard facts. should move forward and it doesn’t Idaho. This is not about individual States need the sledge hammer of this legisla- The Senator talks about contami- having agreement; it is about changing tion. That is South Carolina’s own tes- nated ground water. His ground water the Federal standard for nuclear waste timony in court and its own testimony in Savannah River is already contami- cleanup. This administration and DOE ought to the Department of Energy in a let- nated. The ground water in Washington to be embarrassed. They are trying this ter. State at Hanford is already contami- Why are we having this discussion nated. There are other parts of the sneaky process behind closed doors and then? We are having this discussion be- country with high-level contaminated putting language in that now we all cause, even though agreements are al- waste. have to come to the Senate and fight ready in place and DOE is failing to The question is, What are we going to to take out. What Member wants to vote against live up to cleanup, DOE would like to do to hold DOE’s feet to the fire to the Defense authorization bill that has now change the rules of the game and make sure they get this waste cleaned this language in it? What does this lan- change the definition of high-level up? This body, for the last 3 years, has guage have to do with troops in Af- waste. seen various changes at this adminis- If you think about it, the point of the tration level try to undermine current ghanistan or troops in Iraq? What does Senator from South Carolina is that environmental standards and environ- it have to do with giving men and his State should have the right to mental law. The current environmental women the support they deserve to agree with DOE to clean things up, and law of the day regarding nuclear waste fight for our country? It is creating a that he is not changing current law. is the Nuclear Waste Policy Act. The controversy around change to a Fed- If that were the case, why are we Senator’s language in the underlying eral policy that has not been debated. There is no Lindsey Graham bill or here arguing today? The Senator from bill threatens that language. bill by any of my other colleagues that South Carolina and DOE should just go Washington State agreements, which has the Graham language in it that was and proceed. The reason they do not is have been fighting DOE to live up to brought before the Energy and Natural because the Senator from South Caro- the Nuclear Waste Policy Act, will no Resources Committee and debated. My lina knows all too well that his lan- longer be able to argue that effectively, nor will Idaho, unless we pass colleagues are wrong on this. guage is changing current law and that Let’s see what the rest of America is my amendment. he needs that change if DOE wants to saying about this because I guarantee My amendment specifically says we leave high-level waste in the ground. this debate will not end today. It is The point is for all Americans to un- are not changing the definition of high- very important the third parties that derstand that nuclear waste in States level waste but the Department of En- have looked at this issue have vali- such as Washington, Idaho, and South ergy needs to have dollars appro- dated exactly what my colleagues on Carolina only have the authority to priated, which this bill authorizes, for this side of the aisle are saying about argue these issues about cleanup with- $350 million of cleanup, and the DOE this issue. must spend that money on cleanup. We in the framework of a Federal statute. In fact, the Savannah Morning News actually crafted that language with That Federal statute is the Nuclear says: Waste Policy Act. Senator LEVIN with the help and sup- It’s good for the government to save bil- What the Senator from South Caro- port of Governor Kempthorne of Idaho. lions of dollars and to clean up nuclear lina is doing in the underlying bill is We put the Kempthorne language in waste. But a money-saving plan that does a threatening the rights of States, in- our amendment. Why did we do that? poor job of tidying up is no bargain. cluding his own State, to protect itself Because we wanted to be clear with the The Minneapolis Star Tribune said: from DOE as DOE reclassifies waste. It Kempthorne language that we were not Quicker and cheaper can be valid consider- leaves our States at jeopardy. It leaves going to be held hostage; Idaho, Wash- ations . . . but only after the highest level of all States where there are nuclear fa- ington, and even Savannah River were safety has been guaranteed. And those guar- cilities in jeopardy because of DOE’s not going to be blackmailed by DOE to antees must satisfy national standards, not insistence that the nuclear waste pol- saying, they only get the cleanup dol- the terms of a side deal. icy definition of spent nuclear fuel does lars if, in fact, they agree to a lesser That is exactly what this is, a side not have to meet the standard of high- standard which allows us to leave more deal between a State and an agency

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.066 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6419 that has neglected its cleanup respon- Senators considering [this issue] should the limited amount of time we have sibilities for years. The court said they ask themselves this: If reclassification really had to get this debate in front of the needed to move forward but not by is such a great and worthy idea, why isn’t public, the public has basically, in changing the definition of high-level the Energy Department making the argu- these editorials and letters to the edi- ment in the light of day? waste that they did not have, but move tors, raised serious questions about forward on the plans they have in If they really thought reclassifying this policy, serious questions about place. This is a side deal. waste was such a great idea, why don’t why the Senate would be moving for- The Boston Globe said: they put a bill before this legislative ward on this issue. If the Senate isn’t careful, it could vote body saying so, driving it through the As my colleague, the senior Senator this week to allow the Department of Energy normal channels and the normal proc- from Washington, mentioned earlier, to cover some of the nation’s most hazardous ess of legislation? They know they do the House of Representatives, when nuclear waste with grout instead of treating not have this authority. They tried by posed with this question, figured it out it properly. . . . The Senate should strip the their own executive administrative and said: Listen, if this is such a good defense spending bill of this toxic measure. order to do it, and the courts told them idea, let’s have a study. Let’s have a The Oregonian, from another part of they did not have the ability to do it. study and analysis of this issue and see the country that is greatly impacted But instead of coming through the exactly what people can come up with by this issue because of the Columbia proper channels with a bill and legisla- as far as science. Well, that is what is River and the huge impact that river tion, they have chosen, instead, to in the House version of this legisla- has, already with that plutonium sneak language into the Defense au- tion—a study—because my colleagues leaked into the river, said: thorization bill—probably one of the over there understood that this was a It’s remotely possible that [this] policy is most unpatriotic things I can think to change to Federal policy. worth debating, but this sneaky approach do. So what about the underlying effects suggests the Department of Energy isn’t in- These men and women gave a serious of this legislation if the Cantwell terested in a public discussion of the issue. amount of their lives to fighting in amendment is not adopted? The Cant- What did the Seattle Times say? In World War II and the cold war by pro- well amendment says two things: We our State, we have been battling DOE ducing plutonium and giving us a tool are not changing the definition of what for years because they always want to to win in those areas. They did that in is high-level waste and the definition take a shortcut. They always want to record time. Now they expect this of spent nuclear fuel. We are leaving take a shortcut and say we can do it country, just like businesses all across that the same. But we are giving the quicker. What are the Washington America, to clean up their waste. We authorization and requiring that DOE agreements about? The Washington expect the Federal Government to spend $350 million on cleanup in Wash- agreements are about forcing DOE to clean up their waste. We do not expect ington, in Savannah River, and in live up to Federal cleanup standards. a short-end process where they say you Idaho. So we are pushing them ahead. That is what the agreements are. In can simply grout over nuclear radio- So there is no holdup on cleanup, no fact, they always try to get out of it. active waste and put sand and gravel issue. DOE, get back to your job of tak- The Seattle Times wrote: on top of it and somehow stabilize the ing the waste out of the tanks and put- The Senate should slap down a sneaky ploy situation. ting it into a glassification and storage . . . that would give the Department of En- So the Tri-City Herald said Senators process. Why are we spending billions ergy the right to single-handedly change the should ask themselves this: If reclassi- of dollars on a glassification process— rules about how it handles highly radioactive waste. fication is such a great idea, why don’t that is, the process of taking this spent fuel and turning it into glass logs and The Washington Post took a look at they make the argument in the light of moving it into storage—if we are going this situation and said: day? What did the Idaho Statesman say? to leave so much of it in the ground in . . . a situation in which states compete to reach private agreements with the Energy The Idaho Statesman said: these tanks? Why would we be spending Department and then rush to put them into The Energy Department’s shameful record so much money on it? legislation is untenable. on this issue— As my colleagues are trying to paint What did the Atlanta Journal Con- Why would a paper like the Idaho a picture that somehow our language stitution say? It is a State that is af- Statesman say it is a ‘‘shameful does not take care of the blackmail fected by the Savannah River which record’’? Because it is true. DOE fails clause, we are simply not—in Wash- flows into their State. The Savannah to live up, time and time again, to the ington or in Idaho—going to be River already has pollution problems process of moving forward, and so blackmailed by DOE into sneaking in with radionuclides affecting fish and States have had to enter into agree- language or having our funds held up. affecting safe drinking water condi- ments that comply with Federal law— As my colleague from Washington said, tions. It said: not circumvent Federal law, but com- we have successfully, as a caucus, fought these efforts in the past and . . . words do matter, and some semantic ply with Federal law—and hold DOE’s contortions can be dangerous. Recent efforts feet to the fire and say: DOE, you must have not been peeled off by DOE, that by the U.S. Department of Energy to cir- meet the Federal standard and move likes to play a switch-and-run game, cumvent the 1982 Nuclear Waste Policy Act forward. So the Idaho Statesman said: just because OMB or somebody says we by slipping through a linguistic wormhole The Energy Department’s shameful record don’t have the money in the budget to are an outrageous case in point. on this issue is even more troubling. Remem- do the cleanup. What about the Omaha-World Her- ber recent history . . . Suggesting there’s no Well, nuclear waste cleanup costs ald? They know a little bit about this precedent—and no potential effect on money. The plume in our State already issue. They have debated the nuclear Idaho—is politically naive. has 1 million gallons of ground water waste issue. They said: That is from the Idaho Statesman. leakage; I will point out to my col- We hope Congress will listen to common- What did the Bangor Daily News say? leagues, these tanks started leaking sense views . . . and yank this terrible idea Well, the Bangor Daily News said: years ago. This is not a recent phe- back out of the bill. It’s not merely wrong- The long-term implications of such an im- nomenon. So the fact that these tanks headed; it would result in a hazard to the portant change in waste-storage policy are were built, and that DOE knew they public well-being. too serious to give the issue a free ride in a were leaking. We all became aware of And there are newspapers in my spending bill. this; I know this body changes, you State weighing in on this issue. The So we have heard from over 20 news- have turnover in membership, but my Tri-City Herald, which is in the heart papers across America. My colleague colleagues knew these tanks were leak- of this cleanup effort at Hanford, the from New York submitted editorials ing. The thing we should have done is largest tank waste cleanup in the coun- from both the New York Times and the continued to push DOE, just as Wash- try, where we already have 1 million Buffalo News. I talked about the Min- ington has, just as Idaho has, and just gallons of tank waste leaking in a neapolis Star earlier and their com- as Savannah River has in legal docu- plume that is an 80-square-mile area ments on this issue. ments. that is going to the Columbia River, Show me a newspaper in America I have, again, great respect for the said: that is saying this is a good policy. In junior Senator of South Carolina, but

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.068 S03PT1 S6420 CONGRESSIONAL RECORD — SENATE June 3, 2004 he is wrong as it relates to his State’s clear weapons sites from high-level radio- The PRESIDING OFFICER (Mr. AL- history. His State has said, on numer- active nuclear waste to low-level waste vio- EXANDER). The assistant Democratic ous occasions, that DOE is wrong on lated the 1982 Nuclear Waste Policy Act. leader. That act requires nuclear facilities to Mr. REID. Mr. President, do we have this issue. Now, I get that they have an route all their high-level N-waste to the per- advocate in the Senate today to make manent storage facility approved, but not 1 minute on each side between votes on a different point for them, but why do yet built, at Yucca Mountain, Nev. The en- the judges? they spend the taxpayers’ money in ergy agency is charged with removing stron- The PRESIDING OFFICER. That South Carolina arguing in a Federal tium-90, plutonium, uranium and other high- order has not been entered. court case that DOE was wrong to try ly radioactive wastes from tanks that have Mr. REID. I ask unanimous consent to change this policy and send letters held the nuclear bomb making substances for that prior to the judges, there be 1 nearly five decades during the Cold War. minute to speak in relation to those to Spencer Abraham, the Secretary of That highly radioactive waste is extremely Energy, saying he was dead wrong on judges. expensive and difficult to remove. Reclassi- The PRESIDING OFFICER. Without this policy? Why did they spend the fying it and treating it on site would save $16 objection, it is so ordered. money of the taxpayers in South Caro- billion in cleanup costs and shorten SRS The Senator from Washington. cleanup time by 23 years, according to the lina fighting this battle, along with Ms. CANTWELL. Mr. President, I ask Washington and along with Idaho, if energy agency that sought the reclassification. unanimous consent to print in the they did not believe in it? But the federal court said no, the agency RECORD a letter from the National Con- I know. Because the State of South cannot arbitrarily reclassify nuclear waste gress of American Indians. And I com- Carolina does believe that Federal to suit its convenience. mend to my colleagues the 1995 Idaho cleanup policy should be preserved, The ruling made sense, but it wreaked settlement agreement and the Wash- that the States can only be protected havoc with the accelerated cleanup plan. ington Tri-Party Agreement. by having a Federal statute, that nego- DOE is trying, so far unsuccessfully, to get There being no objection, the mate- tiating cleanup policy standards is not Congress to change the law to allow the rial was ordered to be printed in the agency to reclassify the contaminated waste. the prerogative of individual States. It More successful is U.S. Sen. Lindsey Gra- RECORD, as follows: is something that is designated under ham’s proposal, which he got included in the NATIONAL CONGRESS OF the Nuclear Waste Policy Act. If that defense bill approved last week by the Sen- AMERICAN INDIANS, law is to be changed, then it ought to ate Armed Services Committee. Although Washington, DC, June 3, 2004. be done in the broad daylight of this the measure applies only to the Savannah To: Members of the United States Senate. body and this organization. River Site, it could serve as model legisla- Re Tribal Support of Cantwell-Hollings So what are we left with today? I tion for other states concerned about resid- Amendment to Defense Authorization. ual liquid radioactive waste left in DOE fa- think some people at home, who may DEAR SENATOR: On behalf of the over 250 cilities. member tribes of the National Congress of have been watching this debate, are The South Carolina senator’s plan would American Indians—the oldest and largest asking themselves this question. I hope allow DOE to leave in place the highly radio- intertribal organization in the US—I write the Cantwell amendment is adopted be- active sludge that lines the tank’s sides and this letter to urge you to support the Cant- cause it will remove this debate from bottom, but it would have to be diluted with well-Hollings amendment to the Defense Au- this bill that we need to move forward grout, thus turning it into ‘‘low level’’ nu- thorization Act that will prevent the Depart- with to protect our troops, to continue clear waste in accordance with the state’s ment of Energy (DOE) from leaving haz- to give them the resources they need, Department of Health and Environmental ardous and harmful nuclear waste in under- Control. ground tanks to contaminate our soil and and move the nuclear waste debate off The provision, said Graham, still ‘‘allows water. The health and environmental haz- of something that is so important for South Carolina and DOE to define high-level ards of this practice notwithstanding, many us to get done. waste in a very reasonable manner. There’s tribes believe that the Earth is our Mother, But if the Cantwell amendment is nothing going to be left behind . . . that will and that these leaking tanks are a wound to not adopted, what we will leave the not be secured through environmental reme- her that must be healed. people with is legislation that basi- diating to protect South Carolina.’’ DOE’s high-level waste (HLW) remains The next move is to make sure the Graham dangerous for hundreds or thousands of cally says the Department of Energy plan stays in the defense bill as it works its years. For this reason, they must be disposed can grout these tanks and can leave way through the rest of Congress. The stakes in a geological repository along with nuclear this waste in the ground. I do not want are high. DOE was planning to withhold power spent fuel. Under the NWPA, the Envi- safe drinking water affected. I do not cleanup funds if it couldn’t move ahead on ronmental Protection Agency (EPA) and the want ground water contamination. I its accelerated cleanup project. The Graham Nuclear Regulatory Commission (NRC) regu- want the Senate to do its job and up- plan would put the agency back in business. late the geologic disposal of HLW—and de- hold the Federal standard. The PRESIDING OFFICER. The Sen- cide what is (and what is not) HLW. The ator from Colorado. Graham amendment eliminates NRC and The PRESIDING OFFICER. The Sen- EPA legal protections and gives DOE sole ator’s time has expired. Mr. ALLARD. Mr. President, I yield authority to transform these lethal mate- The Senator from Colorado. myself the remainder of our time. rials into ‘‘waste incidental to reprocessing.’’ Mr. ALLARD. Mr. President, I yield I happen to believe that the sooner These provisions establish a dangerous 10 seconds to the Senator from South you clean up a nuclear waste site the precedent for the country. They would allow Carolina. better. And you do it within the guide- DOE to redefine about 70 percent of the total The PRESIDING OFFICER. The Sen- lines of the Nuclear Regulatory Com- radioactivity of all the nation’s defense high level wastes stored at the Savannah River ator from South Carolina. mission. That is what we are trying to do with the WIR project. That is what site, while preventing access to necessary Mr. GRAHAM of South Carolina. Mr. funds for other states that support the exist- President, I ask unanimous consent to the Department of Energy is trying to ing, more protective legal framework as have printed in the RECORD an editorial do. I think quicker is better because it Washington and Oregon do for the Hanford from the Augusta Chronicle, which is means less seepage throughout the site—which is very important to our member the major newspaper at the Savannah ground, less pollution. tribes in the Northwest. River site, supporting my efforts with And there is a cost. If we stay with We urge you to support efforts by Senators Cantwell and Hollings to strike these provi- this amendment. the original plan that was drawn out, we do not get cleaned up until 2065. It sions. The costs of cleaning up DOE sites are There being no objection, the mate- expensive. However, the costs of allowing rial was ordered to be printed in the is going to cost well over $138 billion. DOE to regulate itself in terms of our na- RECORD, as follows: With rapid cleanup, we save $86 billion tion’s natural resources are incalculable. [From the Augusta Chronicle, May 15, 2004] and we help clean up the environment The Indian people of the United States—be- quicker, which means less pollution. I cause we are so dependent on the Earth—will RESCUING SRS CLEANUP think it is better for the citizens of suffer mightily if DOE is able to shirk its re- A way apparently has been found that will these States. sponsibilities relative to cleaning up nuclear get the accelerated cleanup project at Sa- I ask my colleagues to join Senator waste sites. vannah River Site back on track. Please consider NCAI’s resolute support for The project was dealt a severe setback last WARNER, myself, the Senator from the Cantwell-Hollings amendment as you de- summer, when a federal judge ruled that the Idaho, Mr. CRAPO, and the Senator termine how you will vote on the amend- Department of Energy’s plan to reclassify re- from South Carolina, Mr. GRAHAM, in ment. If you have any questions, please con- sidual sludge in tanks at SRS and other nu- voting no on the Cantwell amendment. tact NCAI at 202.466.7767.

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.070 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6421 Thank you for your work for Indian Coun- The motion to lay on the table was Lynn Townes to the U.S. District Court try, and thank you for your support on this agreed to. for the Eastern District of New York. issue. Mr. MCCONNELL. I ask the next vote Justice Townes is currently an asso- Sincerely, be a 10-minute vote. ciate justice of the New York State Su- TEX HALL, President, NCAI. The PRESIDING OFFICER. Is there preme Court, Appellate Division, where objection? she has served for several years. She Mr. REID. Mr. President, the staff in- Mr. REID. Reserving the right to ob- previously served as a judge in the dicates we have 10 minutes prior to the ject, could we make all of them 10- Fifth Judicial District of the New York vote on the judges. That should be minute votes? State Supreme Court. According to more than enough to talk about the The PRESIDING OFFICER. The Sen- press reports, Justice Townes is the three judges. I ask unanimous consent ator from Kentucky. first African-American woman to serve that the 1 minute between the judges, Mr. MCCONNELL. The next vote will on the appellate bench in New York which is unnecessary, be rescinded. The PRESIDING OFFICER. Without be a 10-minute vote. and the first African-American Judge The PRESIDING OFFICER. Is there objection, it is so ordered. elected to the New York Supreme Mr. REID. Have the yeas and nays on objection? Court in the Fifth District. She was the Cantwell amendment been ordered? Mr. LEAHY. Reserving the right to also a judge of the City Court of Syra- The PRESIDING OFFICER. No, they object, I ask unanimous consent that cuse from 1988 to 1999. have not. the next votes all be 10 minutes. Her extensive record of judicial expe- Mr. REID. I ask for the yeas and The PRESIDING OFFICER. Without rience commends her for this lifetime nays. objection, it is so ordered. appointment, and I am pleased to join The PRESIDING OFFICER. Is there a f her home-State Senators in support of her nomination. sufficient second? EXECUTIVE SESSION There appears to be. Today’s confirmation will make the The question is on agreeing to 178th judicial nominee to be confirmed amendment No. 3261. The clerk will NOMINATION OF SANDRA L. for this President. With 78 judicial con- call the roll. TOWNES TO BE UNITED STATES firmations in just the past year and a Mr. MCCONNELL. I announce that DISTRICT JUDGE half alone, the Senate has confirmed the Senator from Colorado (Mr. CAMP- more Federal judges than were con- BELL) is necessarily absent. The PRESIDING OFFICER. Under firmed during all of 1995 and 1996, when Mr. REID. I announce that the Sen- the previous order, the Senate will pro- Republicans controlled the Senate and ator from Montana (Mr. BAUCUS), the ceed to executive session for the con- President Clinton was in the White Senator from North Carolina (Mr. ED- sideration of three nominees. The clerk House. It also exceeds the 2-year total WARDS), and the Senator from Massa- will report. for the last Congress of the Clinton ad- chusetts (Mr. KERRY) are necessarily The assistant legislative clerk read ministration, when Republicans were absent. the nomination of Sandra L. Townes, in the Senate majority. We have al- The PRESIDING OFFICER. Are there of New York, to be United States Dis- ready exceeded the totals for the last any other Senators in the Chamber de- trict Judge for the Eastern District of two Congresses leading up to presi- siring to vote? New York. dential elections. The result was announced—yeas 48, The PRESIDING OFFICER. Under When Democrats controlled the Sen- nays 48, as follows: the previous order, there will be 10 ate for 17 months in 2001 and 2002, we [Rollcall Vote No. 107 Leg.] minutes equally divided between the worked diligently to confirm 100 of YEAS—48 two leaders or their designees prior to President Bush’s judicial nominees. We Akaka Durbin Lincoln three consecutive votes. are now confirming the 78th in the Bayh Feingold McCain Mr. HATCH. Mr. President, I am other 24 months that have transpired Biden Feinstein Mikulski pleased today to speak in support of Bingaman Graham (FL) Murray during this most divisive presidency. Boxer Harkin Nelson (FL) Justice Sandra Townes, who has been With 178 total judicial confirmations in Breaux Hollings Nelson (NE) nominated to the United States Dis- 31⁄2 years, the Senate has confirmed Byrd Inouye Pryor trict Court for the Eastern District of Cantwell Jeffords Reed more lifetime judicial appointees of Carper Johnson Reid New York. this President than were allowed to be Clinton Kennedy Rockefeller Justice Townes comes to us with an confirmed in President Clinton’s entire Conrad Kohl Sarbanes impressive record of public service and term from 1997 through 2000. We have Corzine Landrieu Schumer accomplishment. She left a successful Daschle Lautenberg Smith already surpassed the number of judi- Dayton Leahy Specter teaching career to attend Syracuse cial confirmations during President Dodd Levin Stabenow University College of Law. Following Reagan’s entire term from 1981 through Dorgan Lieberman Wyden her graduation, she went to work in 1984, and he is acknowledged to have NAYS—48 the Onondaga County District Attor- appointed more Federal judges than Alexander DeWine Lugar ney’s Office, where she had a long and any other president in our history. Allard Dole McConnell successful career as prosecutor. She The Republican Senate leadership Allen Domenici Miller left the district attorney’s office in Bennett Ensign Murkowski has again chosen to avoid debate of the Bond Enzi Nickles 1987, when she was elected judge of the nomination of J. Leon Holmes and Brownback Fitzgerald Roberts Syracuse City Court—becoming the Judge Dora Irizarry. Just so that there Bunning Frist Santorum first African American woman to do so. is no confusion, it is the choice of the Burns Graham (SC) Sessions Chafee Grassley Shelby She made history again in 1999, when Republican Senate leadership to skip Chambliss Gregg Snowe she became the first African American those nominations. Cochran Hagel Stevens to be elected locally to the New York The Holmes nomination will take Coleman Hatch Sununu State Supreme Court. Two years later, some significant debate. The nomina- Collins Hutchison Talent Cornyn Inhofe Thomas Gov. George Pataki appointed her to tion was sent by the Judiciary Com- Craig Kyl Voinovich associate justice of the Appellate Divi- mittee to the floor without rec- Crapo Lott Warner sion of that court, where she now sits. ommendation, a highly unusual cir- NOT VOTING—4 I applaud President Bush for his cumstance. That means that there was Baucus Edwards nomination of Justice Townes and am not a majority vote in committee to Campbell Kerry confident that she will continue her report the nomination favorably. The The amendment (No. 3261) was re- outstanding record of public service on committee disserved the Senate by not jected. the Federal bench in the Eastern Dis- doing its job of fully vetting the nomi- Mr. ALLARD. Mr. President, I move trict of New York. nation and reaching a consensus or to reconsider the vote. I yield the floor. even a vote on the merits. Mr. MCCONNELL. I move to lay that Mr. LEAHY. Mr. President, today the It is also the decision of the Repub- motion on the table. Senate is proceeding to confirm Sandra lican leadership to skip the nomination

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.014 S03PT1 S6422 CONGRESSIONAL RECORD — SENATE June 3, 2004 of Judge Irizarry, which has been pend- The PRESIDING OFFICER (Mr. fident that he will serve on the bench ing on the Senate floor since last Octo- CRAPO). Are there any other Senators with compassion, integrity and fair- ber. She is one of many Bush nominees in the Chamber desiring to vote? ness. with a ‘‘not qualified’’ or partial ‘‘not The result was announced—yeas 95, Mr. LEAHY. Mr. President, this qualified’’ rating from the ABA. With nays 0, as follows: evening the Senate considers the nomi- the support of Senator SCHUMER, her [Rollcall Vote No. 108 Ex.] nation of Kenneth Karas to be a United nomination was considered and favor- YEAS—95 States District Judge for the Southern ably reported by the committee. For Akaka Dole Lott District of New York. For the past 11 months Democrats have been ready to Alexander Domenici Lugar years, Mr. Karas has served as an as- vote on that district court nomination. Allard Dorgan McCain sistant United States attorney for the The delay in considering her nomina- Allen Durbin McConnell Southern District of New York. He re- Bayh Ensign Mikulski tion since last October, a delay of 7 Bennett Enzi Murkowski ceived a favorable rating from the months, is attributable to the reluc- Biden Feingold Murray American Bar Association and he has tance of the Republican Senate leader- Bingaman Feinstein Nelson (FL) the support of both Senators from his Bond Fitzgerald ship to consider her nomination. Nelson (NE) home State. Boxer Frist Nickles Breaux Graham (FL) In sharp contrast to so many judicial It is reminiscent of the way the Re- Pryor Brownback Graham (SC) publican leadership treated the nomi- Reed nominees of this President, apparently Bunning Grassley Reid selected for their political viewpoint, nation of other Hispanics. For example, Burns Gregg Roberts President Clinton’s nomination of Byrd Hagel Mr. Karas appears to be a well-quali- Rockefeller Cantwell Harkin fied, moderate nominee. He has advo- Judge Sonia Sotomayor to the 2nd Cir- Santorum cuit was delayed for 16 months and was Carper Hatch cated for civil rights and the rights of Chafee Hollings Sarbanes likewise stalled by Republicans on the Chambliss Hutchison Schumer the indigent and has served the public Senate calendar for 7 months. Judge Clinton Inhofe Sessions as an assistant U.S. attorney for 11 Cochran Inouye Shelby years. Richard Paez’s nomination to the 9th Smith Coleman Jeffords Mr. Karas’s testimony and answers to Circuit was delayed for more than 4 Collins Johnson Snowe years and was stalled by Republicans Conrad Kennedy Specter my questions have made me confident on the Senate calendar for more than Cornyn Kohl Stabenow that he will treat all who appear before 18 months alone. More recently, Repub- Corzine Kyl Stevens him with respect. The nomination of Craig Landrieu Sununu lican Senate leadership even delayed Crapo Lautenberg Talent Mr. Karas is an example of how effec- Senate consideration of President Daschle Leahy Thomas tively Democrats and Republicans can Bush’s nomination of Judge Edward Dayton Levin Voinovich work together when we have qualified, DeWine Lieberman Warner moderate nominees. Prado of Texas to the 5th Circuit for a Dodd Lincoln Wyden month on the calendar, until we called Mr. Karas will be the ninth of Presi- them on it. Considering Judge Prado’s NOT VOTING—5 dent Bush’s nominees confirmed to nomination in a timely fashion would Baucus Edwards Miller Federal court vacancies in New York, not have fit with the partisan political Campbell Kerry leaving only one vacancy on the Fed- characterizations that Republicans The nomination was confirmed. eral judiciary in the State. The nomi- wanted to draw of Democrats so they f nee to that vacancy was favorably reported by the Judiciary Committee to just left him on the shelf for a time. NOMINATION OF KENNETH M. the Senate 7 months ago. It has been The Republican leadership must be KARAS TO BE UNITED STATES the decision of the Republican leader- accountable for its scheduling prior- DISTRICT JUDGE FOR THE ship not to move the nomination of ities and the delays that it is causing SOUTHERN DISTRICT OF NEW Judge Dora Irizarry, a Latina nominee. in the consideration of the President’s YORK judicial nominations. Democrats have been ready to vote on I congratulate Justice Townes and The PRESIDING OFFICER. The Judge Irizarry’s nomination. her family on her confirmation today. clerk will report the next nomination. With 79 judicial confirmations in just Mr. President, I thank the Senators The assistant legislative clerk read the past year and a half, the Senate on both sides of the aisle who have the nomination of Kenneth M. Karas, has confirmed more Federal judges worked with me and others in the past of New York, to be United States Dis- than were confirmed during either Con- few weeks to get through this logjam trict Judge for the Southern District of gress leading to a presidential election on judges. New York. with a Democratic President and Re- I yield back any remaining time. NOMINATION OF KENNETH M. KARAS publican Senate majority in 1996 and The PRESIDING OFFICER. Is all Mr. HATCH. Mr. President, I am 2000. time yielded back? pleased today to speak in support of This marks the 179th judicial con- Without objection, it is so ordered. Kenneth Karas, who has been nomi- firmation since President Bush took of- Mr. LEAHY. I ask for the yeas and nated to the United States District fice. That is more than President nays. Court for the Southern District of New Reagan, the acknowledged all-time The PRESIDING OFFICER. Is there a York. champion, achieved in his entire 4-year sufficient second? Mr. Karas, a graduate of Columbia presidential term from 1981 through There appears to be a sufficient sec- University School of Law, is a distin- 1984 working hand in hand with a Re- ond. guished veteran of the U.S. Attorney’s publican Senate majority. It is more The question is, Will the Senate ad- Office for the Southern District of New than President Clinton was able to vise and consent to the nomination of York, where he is co-chief of that of- achieve in his entire 4-year presi- Sandra Townes, of New York, to be fice’s unit specializing in terrorism dential term from 1993 through 1996, United States District Judge for the cases. He is known among his peers as having to work with a Republican Sen- Eastern District of New York. an ‘‘al-Qaida expert,’’ for his assistance ate majority during 1995 and 1996. The clerk will call the roll. in successfully prosecuting four of I congratulate Mr. Karas and his The bill clerk called the roll. Osama bin Laden’s followers for the family on his confirmation today. Mr. MCCONNELL, I announce that 1998 embassy bombings in East Africa. Mr. LOTT. Mr. President, I ask for the Senator from Colorado (Mr. CAMP- He is currently the lead prosecutor in the yeas and nays. BELL) is necessarily absent. the case against alleged al-Qaida ter- The PRESIDING OFFICER. Is there a Mr. REID. I announce that the Sen- rorist Zacarias Moussaoui. sufficient second? ator from Montana (Mr. BAUCUS), the Mr. Karas is, by all accounts, a gifted There is a sufficient second. Senator from North Carolina (Mr. ED- prosecutor whose familiarity with Fed- The question is, Will the Senate ad- WARDS), the Senator from Massachu- eral trial procedure will benefit him vise and consent to the nomination of setts (Mr. KERRY), and the Senator immensely on the Federal bench. Kenneth M. Karas, of New York, to be from Georgia (Mr. MILLER) are nec- I applaud President Bush for his United States District Judge for the essarily absent. nomination of Mr. Karas and am con- Southern District of York?

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.074 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6423 The clerk will call the roll. of this enormous overload. I thank ev- New Mexico for employers defending The assistant legislative clerk called eryone who worked on this nomina- wrongful discharge and discrimination the roll. tion. Her credentials are impeccable. cases. She later founded her own law Mr. MCCONNELL. I announce that Every group that needed to rec- firm, and currently serves as share- the Senator from Colorado (Mr. CAMP- ommended her. holder and president of that firm. Ms. BELL) is necessarily absent. Judith Herrera is a resident of Santa Herrera has also served the local com- Mr. REID. I announce that the Sen- Fe, NM. She attended the University of munity of Santa Fe in a variety of ator from Montana (Mr. BAUCUS), the New Mexico. ways. She was a member of the Santa Senator from North Carolina (Mr. ED- She then attended the Georgetown Fe City Council, the Board of Trustees WARDS), the Senator from Massachu- University Law Center where she for St. Vincent Hospital, and the Board setts (Mr. KERRY), and the Senator earned her law degree. of Regents for the University of New from Georgia (Mr. MILLER) are nec- We, in New Mexico, are fortunate Mexico. Ms. Herrera’s broad experience essarily absent. that Judy decided to return to New as a trial attorney and her many hours The PRESIDING OFFICER. Are there Mexico upon completion of her law de- of community service have prepared any other Senators in the Chamber degree. her for the challenges she will face as a siring to vote? She began her career in public serv- Federal judge. I am confident that she The result was announced—yeas 95, ice shortly after returning to New Mex- will make a fine addition to the federal nays 0, as follows: ico, serving on the Santa Fe City Coun- bench in the District of New Mexico. [Rollcall Vote No. 109 Ex.] cil from 1981 to 1986. I yield the floor. YEAS—95 She continued her service by sitting Mr. LEAHY. Today the Senate is pro- Akaka Dole Lott on the boards of St. Vincent Hospital ceeding to confirm Judith Herrera to Alexander Domenici Lugar in Santa Fe, St. Michael’s High School the U.S. District Court for the District Allard Dorgan McCain Foundation, also in Santa Fe, and the of New Mexico. Ms. Herrera is a part- Allen Durbin McConnell University of New Mexico in Albu- ner with the Santa Fe firm of Herrera, Bayh Ensign Mikulski querque. Long, Pound & Komer, which she co- Bennett Enzi Murkowski Biden Feingold Murray She has practiced law for more than founded in 1987. She appears in court Bingaman Feinstein Nelson (FL) 20 years in New Mexico, amassing in frequently on behalf of employers, and Bond Fitzgerald Nelson (NE) impressive resume and reputation in their insurance companies, serving as Boxer Frist Nickles Breaux Graham (FL) the legal community. defense counsel in employment dis- Pryor Brownback Graham (SC) Reed I am confident she will be an out- crimination and wrongful discharge Bunning Grassley Reid standing member of the federal judici- cases. Before starting this practice, she Burns Gregg Roberts Byrd Hagel ary. handled education cases and also Rockefeller Cantwell Harkin I look forward to Judy Herrera’s ten- served briefly as a local prosecutor. Carper Hatch Santorum Sarbanes ure on the bench. She also previously served on the Chafee Hollings The PRESIDING OFFICER. The Sen- Chambliss Hutchison Schumer Sante Fe City Council. She has the Clinton Inhofe Sessions ator from New Mexico. support of both of her home-state Sen- Cochran Inouye Shelby Mr. BINGAMAN. Mr. President, I ators. Smith Coleman Jeffords join my colleague, Senator DOMENICI, Snowe Democratic support for the confirma- Collins Johnson in urging the Senate to support this Conrad Kennedy Specter tion of Ms. Herrera, an active Repub- Cornyn Kohl Stabenow nomination. Judith Herrera is very lican, is yet another example of our ex- Corzine Kyl Stevens qualified. I compliment the President traordinary cooperation in this Presi- Craig Landrieu Sununu for nominating her for this position. I dential election year. Today’s con- Crapo Lautenberg Talent Daschle Leahy Thomas compliment my colleague for recom- firmation will make the 180th judicial Dayton Levin Voinovich mending that nomination. She will nominee to be confirmed since this DeWine Lieberman Warner serve us well on the district court in President took office. With 80 lifetime Dodd Lincoln Wyden New Mexico. judicial appointments confirmed in NOT VOTING—5 Ms. Herrera began her career as a just the past year and a half alone, the Baucus Edwards Miller prosecutor, and has spent many years Senate has confirmed more Federal Campbell Kerry in private practice. Currently, she is a judges than were confirmed during the The nomination was confirmed. partner at Herrera, Long, Pound & all of 1995 and 1996, when Republicans f Komer in Santa Fe, NM. She has also first controlled the Senate and Presi- served on the Santa Fe City Council dent Clinton was in the White House. It NOMINATION OF JUDITH C. HER- and on the University of New Mexico’s also exceeds the 2-year total for the RERA TO BE UNITED STATES Board of Regents. Mrs. Herrera has last Congress of the Clinton adminis- DISTRICT JUDGE served with distinction in all of these tration, when Republicans held the The PRESIDING OFFICER. The positions. Senate. This Senate has now confirmed clerk will report the next nomination. I urge my fellow Senators to support more Federal judges than were con- The legislative clerk read the nomi- her nomination. firmed during either Congress leading nation of Judith C. Herrera, of New Mr. HATCH. Mr. President, I rise to a presidential election with a Demo- Mexico, to be United States District today to express my strong support for cratic President and Republican Senate Judge for the District of New Mexico. the confirmation of Judith Herrera, majority in 1996 and 2000. Mr. DOMENICI. Mr. President, I rise who has been nominated to the United This marks the 180th judicial con- in support of a New Mexican named Ju- States District Court for the District firmation since President Bush took of- dith Herrera to be United States Dis- of New Mexico. fice. That is more than President trict Judge for the District of New Ms. Herrera is an exceptional nomi- Reagan, the acknowledged all-time Mexico. I believe everyone knows that nee and has a distinguished record of champion, achieved in his entire 4-year the administration of justice is one of service in both the private and public Presidential term from 1981 through the most significant pillars of good sectors. After graduating from George- 1984 working hand in hand with a Re- government. I think in this instance town Law School, Ms. Herrera worked publican Senate majority. It is more the President has sent us an extraor- as an Assistant District Attorney in than President Clinton was able to dinary person to be a judge in the Dis- Santa Fe, New Mexico where she pros- achieve in his entire 4-year Presi- trict of New Mexico. ecuted a variety of misdemeanor and dential term from 1993 through 1996, We have a vacancy there because of a felony offenses. She later entered the having to work with a Republican Sen- justice who took senior status. We private sector and practiced in the ate majority during 1995 and 1996. have a tremendous overload, and I am areas of education and employment I have already noted that at the Re- very pleased that we finally got to the law. publican Senate leadership has again point where we could have another Ms. Herrera distinguished herself as chosen to avoid debate of the nomina- judge. Maybe we can begin to take care one of the most effective advocates in tion of J. Leon Holmes and Judge Dora

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.078 S03PT1 S6424 CONGRESSIONAL RECORD — SENATE June 3, 2004 Irizarry. These two district court erarchy are behaving like wholly owned sub- numbered those for Republicans, even Re- nominees have been pending on the sidiaries of the Republican Party, hellbent publicans who favor legal abortion. The tim- Senate floor longer than any of the on a course that will weaken the church’s ing of all this is curious as well. It coincides other pending district court nominees. moral authority and eventually deplete its with that new Catholic holy day, the feast of membership. And all because of abortion, the the first Tuesday in November, known to Just so that there is no confusion, that issue the celibate male leadership is least secularists as Election Day. is the choice of the Republican Senate equipped to personally understand. It is one thing to preach the teachings of leadership to skip those nominations. To paraphrase a Gospel passage, my Fa- the church, quite another to use the center- The Holmes nomination will require ther’s house is a house of prayer, but they piece of the faith selectively as a tool to in- significant debate. It was sent by the have made it a den of partisanship. The arch- fluence the ballot box, that confessional of Judiciary Committee to the floor with- bishop of St. Louis announced that if John democracy. Even a member of Congress op- out recommendation, a highly unusual Kerry, the Democratic candidate, showed up posed to abortion complained that church for mass he would be denied communion. leaders were ‘‘politicizing the eucharist.’’ If circumstance. That means that there After threats from clerics in New Jersey, the was not a majority vote in committee citizens who are Methodist, Muslim or Jew- pro-choice Democratic governor saved him- ish begin to suspect that Catholic politicians to report the nomination favorably. self the embarrassment of being turned away are beholden first and foremost to Rome, a The committee disserved the Senate by by saying he would no longer present himself notion we thought was laughable and bigoted not doing its job of fully vetting the for the sacrament; the Democratic majority when John F. Kennedy ran for president, who nomination and reaching a consensus leader of the state Senate responded by quit- could blame them? Next month American or even a vote on the merits. ting the church and saying he will likely join Catholic bishops meet for a retreat in Colo- With regard to Mr. Holmes, to excuse the Episcopalians. And in Colorado a bishop rado. There they should speak out against went a step further, saying that any Catholic grievous sin, the sin of using communion to widely shared misgivings about this who supports politicians who favor abortion nomination partisan Republicans are punish by those who have not the moral au- rights, same-sex marriage or stem-cell re- thority to persuade. falsely claiming that the opposition to search should not take communion. him is based on his religion. That is a Surely the next step is to put ushers at the Mr. LEAHY. I also want to focus slander. Nonetheless, right wing groups door each Sunday with a purity checklist. briefly on how Republicans continue to like the Committee for Justice have Adulterer? Out. Gay? Out. Tax cheat? Gos- delay consideration of some Hispanic run outrageous and false ads and prop- sip? Condom in your pocket? Out. Out. Out. judicial nominees. For some time the My, how empty those pews have grown. And only Hispanic nomination of this Presi- aganda against Democrats and have the altar, too, where we learned that too posted assertions that Democrats are dent to the first 42 circuit court vacan- many priests had a secret life of sexual cies was the ill-fated nomination of a anti-Catholic. abuse. Why were known pedophiles per- Ms. Herrera is, of course, another mitted to give communion for years, while young man whose record was kept from among the scores of judicial nominees people of conscience at odds with Vatican the Senate by the Bush administration we have confirmed who are active in teaching (not church dogma) are prohibited and who was opposed by the Congres- their faith. Ms. Herrera has stated in from receiving it? It brings to mind the al- sional Hispanic Caucus, prominent her Senate questionnaire that she is on ways topical injunction that it’s he who is Latino leaders of the civil rights com- the Board of Directors of the St. Mi- without sin who gets to cast the first stone. munity and by many others. This sin- Too many bishops seem to have missed key gle nomination was in sharp contrast chael’s High School Foundation, a seminary lessons: the ones on the teachings local Catholic high school, and she is a of St. Thomas Aquinas that civil and moral to the many Hispanic nominees sent to parishioner at St. Francis Cathedral. It law are often two different things, or those the Senate by President Clinton. In is wrong for Republican partisans to on the tradition in Catholic thought that a fact, eight of the Hispanic jurists serv- seek political benefit by falsely claim- good law must be enforceable, not a law like ing on our circuit courts today were ing that Democrats are anti-Catholic one prohibiting abortion that will be so often named by President Clinton, and at and insulting for them to claim that broken that it leads to disregard for all laws. least three other Clinton Hispanic cir- Too many bishops seem to have forgotten Catholic Democrats are somehow not cuit nominees would be sitting on the the notion of the individual examination of bench now if they had not been denied Catholic enough. Senator DURBIN just conscience. Instead they have decided to ex- released a study this week that shows amine conscience for us, particularly if we consideration by a Republican-con- that Democrats actually vote more are liberal Democrats. trolled Senate. often in agreement with the U.S. Con- Leaders of the church began a schism be- When Democratic Senators supported ference of Catholic Bishops on domes- tween pew and pulpit in 1968 with the publi- the confirmation of Judge Edward tic and international issues than their cation of the encyclical Humanae Vitae. The Prado, President Bush’s nominee to the counterparts across the aisle. Yet the majority of the members of a papal commis- U.S. Court of Appeals for the Fifth Cir- sion on contraception recommended that the cuit, the Senate Republican leadership destructive Republican politics of divi- church change its opposition; the minority sion persist. These are unfortunate and members won out, mainly because they delayed consideration of that nomina- dangerous schemes that will only fur- based their argument on the primacy of the tion for a month on the floor for no ther divide our people and our Nation. pope. Even then, power politics overrode the good reason, other than to allow us to Anna Quindlen’s recent column in well-being of the people. vote on this Hispanic nominee would Newsweek, Casting the First Stone, But over time there was an unforeseen re- undercut their false charges that captures the heart of this current tend- sult of the encyclical. The use of contracep- Democrats were anti-Hispanic. Judge tion became the church prohibition millions ency to mix religion and politics into a Prado had a fair record, years of expe- of Catholics ignored, in part because the di- rience as a Federal District Court concoction that some Republican strat- rective was so out of step with modern life egists hope will help them at the ballot (as the majority report suggested), in part judge, and broad support from both box. I ask unanimous consent that this because the issue was so private. Little by sides of the aisle. Nonetheless, in order editorial be printed in the RECORD. little Catholics made their peace with con- to get Judge Prado a vote, I had to There being no objection, the mate- sulting their conscience instead of Father, come before the Senate on a number of rial was ordered to be printed in the especially on intimate issues. The inter- occasions to urge his consideration be- mediaries became increasingly irrelevant, RECORD, as follows: cause the Republican leadership was especially when, in recent years, the full ex- [From Newsweek, May 31, 2004] delaying final Senate consideration of tent of priestly sexual predation became his nomination. CASTING THE FIRST STONE known. (By Anna Quindlen) These member of the church were derided Now the Republican leadership seems It was nearly 25 years ago that Robert by conservatives as ‘‘cafeteria Catholics,’’ to be returning to its earlier ways and Drinan, a member of Congress and an out- picking and choosing their beliefs. Now we is again passing over Hispanic nomi- spoken Jesuit (a redundancy if there ever have cafeteria clergy, picking and choosing nees without explanation. Last Octo- was one), so enraged the Vatican with his de- which prohibitions they emphasize and ber, 7 months ago, the Senate Judici- fense of abortion rights that an order came which politicians they damn. What of the ary Committee favorably reported the down from Rome demanding priests with- pro-life policies of a living wage or decent nomination of Judge Dora Irizarry of housing? The church is opposed to the death draw from politics. New York to be a United States Dis- It appears that someone has had a change penalty, yet no bishop has yet suggested he of heart. will deny the sacrament to those who sup- trict Court Judge for the Eastern Dis- Or at least that’s how it seems now that port capital punishment. And sanctions for trict of New York. This was not a nom- certain segments of the Roman Catholic hi- Democratic candidates have far out- ination without some controversy. The

VerDate May 21 2004 04:30 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.084 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6425 American Bar Association accorded her We have made significant progress Mr REID. I announce that the Sen- a majority rating of ‘‘not qualified,’’ as over the last three years in reducing ator from Montana (Mr. BAUCUS), the it has several of this President’s judi- Federal judicial vacancies. As of today, Senator from Delaware (Mr. BIDEN), cial nominees. Nonetheless, the Judici- there are only 43 total vacancies in the the Senator from New Jersey (Mr. ary Committee held a hearing on her Federal court system. That stands in CORZINE), the Senator from North nomination. The Members of the Com- sharp contrast to the treatment Repub- Carolina (Mr. EDWARDS), the Senator mittee examined the nomination on licans accorded President Clinton’s from Massachusetts (Mr. KERRY), and the merits and reached their own judg- nominees. Indeed, under Republican the Senator from Georgia (Mr. MILLER) ment. With the support of Senator leadership, from 1995 to the summer of are necessarily absent. SCHUMER of New York, the nomination 2001 the number of vacancies in the fed- The PRESIDING OFFICER (Mr. was favorably reported. While Senate eral courts rose from 63 to 110. We have GRAHAM of South Carolina). Are there consideration will include some brief now made up that 67 percent increase any other Senators in the Chamber de- debate, there is no reason this matter in vacancies the Republican Senate siring to vote? has not been scheduled and considered leadership had engineered between 1995 The result was announced—yeas 93, in the last seven months. It could eas- and 2001, and we have reduced vacan- nays 0, as follows: ily have been considered during the cies from the 1995 level by one third, to [Rollcall Vote No. 110 Ex.] course of an extended quorum call dur- the lowest vacancy level in 14 years. In YEAS—93 ing any one of the many days when spite of the way more than 60 of Presi- Akaka Domenici Lott there is no significant business taking dent Clinton’s nominees were defeated Alexander Dorgan Lugar place on the Senate floor. As I have re- by Republicans’ objections, Senate Allard Durbin McCain iterated for months, there is no Demo- Democrats have cooperated in the con- Allen Ensign McConnell Bayh Enzi Mikulski cratic hold on this nomination. It mer- sideration and confirmation of 180 of Bennett Feingold Murkowski its a brief discussion, but we are pre- this President’s judicial nominations. Bingaman Feinstein Murray pared to vote on it. Republican delay We now have 16 vacancies in the cir- Bond Fitzgerald Nelson (FL) has prevented action on this nomina- cuit courts. That is the number of va- Boxer Frist Nelson (NE) Breaux Graham (FL) Nickles tion. cancies that existed when Republicans Brownback Graham (SC) Pryor I do not recall this lengthy a delay in took majority control of the Senate in Bunning Grassley Reed scheduling debate on a Latina nominee 1995. Unfortunately, through Repub- Burns Gregg Reid since the untoward Republican ob- Byrd Hagel Roberts lican obstruction of moderate nomina- Cantwell Harkin Rockefeller struction of Senate consideration of tions by President Clinton, those cir- Carper Hatch Santorum President Clinton’s nomination of cuit vacancies more than doubled, ris- Chafee Hollings Sarbanes Judge Sonia Sotomayor to the U.S. ing to 33 by the time Democrats re- Chambliss Hutchison Schumer Clinton Inhofe Sessions Court of Appeals for the Second Circuit sumed Senate leadership in the sum- Cochran Inouye Shelby in 1999. That nomination of an out- mer of 2001. We steadily reduced circuit Coleman Jeffords Smith standing judge, who had been ap- vacancies over the 17 months that Sen- Collins Johnson Snowe pointed to the federal bench by Presi- Conrad Kennedy Specter ate Democrats were in charge. Even Cornyn Kohl Stabenow dent George H.W. Bush, was delayed for though since 2001 an additional 15 cir- Craig Kyl Stevens more than 400 days in all and waited 7 cuit vacancies have arisen, we have Crapo Landrieu Sununu months on the Senate floor, before we done what Republicans refused to do Daschle Lautenberg Talent Dayton Leahy Thomas were able to force action and a vote on when President Clinton was in the DeWine Levin Voinovich her confirmation. According to some White House by not only keeping up Dodd Lieberman Warner accounts, she was delayed over Repub- with attrition but actually working to Dole Lincoln Wyden lican concerns that she would be cho- reduce vacancies. We have now reduced NOT VOTING—7 sen by President Clinton for the Su- circuit vacancies to the lowest level Baucus Corzine Miller preme Court if a vacancy arose. since before Republican Senate leader- Biden Edwards Likewise, the Senate’s Republican ship irresponsibly doubled those vacan- Campbell Kerry leadership has not yet scheduled a vote cies in the years 1995 through 2001. The nomination was confirmed. on the nomination of Ricardo S. Mar- We should recognize the progress we The PRESIDING OFFICER. Under tinez to be a United States District have made. I certainly recognize the the previous order, the President shall Court Judge for the Western District of entirely different approach to judicial be immediately notified of the Senate’s Washington or Juan R. Sanchez to be a nominations Republicans have taken action. United States District Court Judge for with a Republican President’s nomina- f the Eastern District of Pennsylvania. tions in contrast to their systematic Despite Republican delays in the con- obstruction of Senate action on Presi- LEGISLATIVE SESSION sideration of President Bush’s Hispanic dent Clinton’s judicial nominations. I The PRESIDING OFFICER. Under nominees, the Senate has already con- would hope that we will be able to find the previous order, the Senate will now firmed, unanimously, three of his His- ways to work together without too return to legislative session. panic nominees to the circuit courts much more delay to consider the His- and 11 to the district courts. Ms. Her- panic nominees to the federal bench f rera will be the 12th Latino district who Democrats are supporting. NATIONAL DEFENSE AUTHORIZA- court nominee and 15th overall con- I congratulate Ms. Herrera and her TION ACT FOR FISCAL YEAR firmed by the Senate. family on her confirmation today. 2005—Continued Unfortunately this White House’s The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- commitment to diversity seems shal- question is, Will the Senate advise and ator from Massachusetts. low when compared to its devotion to consent to the nomination of Judith C. ideological purity. The President has Herrera, of New Mexico, to be United AMENDMENT NO. 3263 nominated many more members of the States District Judge for the District Mr. KENNEDY. Mr. President, I send Federalist Society than members of of New Mexico? an amendment to the desk on behalf of the nation’s fastest growing ethnic Mrs. HUTCHISON. Mr. President, I myself, the Senator from California, group. The White House has sent over ask for the yeas and nays. Mrs. FEINSTEIN, the Senator from the nominations of more than 45 indi- The PRESIDING OFFICER. Is there a Rhode Island, Mr. REED, the Senator viduals active in the Federalist Soci- sufficient second? from New Jersey, Mr. LAUTENBERG, and ety, which is more than twice as many There is a sufficient second. the Senator from Wisconsin, Mr. FEIN- Latinos as he has nominated. In fact, The clerk will call the roll. GOLD, and ask for its immediate consid- the President has chosen more individ- The legislative clerk called the roll. eration. uals involved in the Federalist Society Mr. MCCONNELL. I announce that The PRESIDING OFFICER. The than Latinos, African Americans, and the Senator from Colorado (Mr. CAMP- clerk will report. Asian Americans combined. BELL) is necessarily absent. The legislative clerk read as follows:

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.085 S03PT1 S6426 CONGRESSIONAL RECORD — SENATE June 3, 2004 The Senator from Massachusetts [Mr. KEN- clear weapons concepts which trans- I have now asked Secretary Rums- NEDY], for himself, Mrs. FEINSTEIN, Mr. REED, lates into strategic battlefield nuclear feld, as a member of the Defense Appro- Mr. LAUTENBERG, and Mr. FEINGOLD, pro- weapons under 5 kilotons—battlefield priations Committee 2 years running, poses an amendment numbered 3263. nuclear weapons. about this. The first year he said this Mr. KENNEDY. Mr. President, I ask Let me show you the depth to which is just a study; that is all. This year a unanimous consent that the reading of a bomb has to penetrate to prevent nu- week ago when I asked him, he said the amendment be dispensed with. clear fallout. If it is two-tenths of a clearly, with the amount of under- The PRESIDING OFFICER. Without kiloton, it has to go down 70 feet, to 120 ground activity that exists in the objection, it is so ordered. feet, and then it throws off 25,000 tons world, and it is pervasive in country The amendment is as follows: of radioactive fallout. after country that people have tun- (Purpose: To prohibit the use of funds for the If it is 1 kiloton, at 80 feet, it throws neled underground—North Korea is a support of new nuclear weapons develop- up 60,000 tons of radioactive fallout and perfect example; certainly Iran is—we ment under the Stockpile Services Ad- would have to go down to 220 feet not have found this in country after coun- vanced Concepts Initiative or for the Ro- to throw out any radioactive fallout. try, and the question is, If that is a bust Nuclear Earth Penetrator (RNEP)) Five kilotons, if it goes down 320 feet, problem, what might be done about it. At the end of subtitle B of title XXXI, add it will not throw off radioactive fall- Your first choice would be to find some the following: out, but at 130 feet, it throws out obviously conventional way to do it. SEC. 3122. PROHIBITION ON USE OF FUNDS FOR 220,000 tons of radioactive fallout. At They have looked and looked and NEW NUCLEAR WEAPONS DEVELOP- looked, and this additional way is at MENT UNDER STOCKPILE SERVICES 100 kilotons, it would have to go down ADVANCED CONCEPTS INITIATIVE to 800 to 1,000 feet not to throw off any least, in my view, worth studying. OR FOR ROBUST NUCLEAR EARTH radioactive fallout. In addition, the Congressional Re- PENETRATOR. That is what we are talking about. search Service says the fiscal year 2005 None of the funds authorized to be appro- That is what is authorized in this bill: budget request seems to cast serious priated by section 3101(a)(1) for the National doubt on the assertions that the Ro- Nuclear Security Administration for weap- a nuclear bunker buster of 100 kilotons, and there is no known way to drive a bust Nuclear Earth Penetrator is only ons activities may be obligated or expended a study because budget projections for the following: bomb 800 to 1,000 feet into the earth be- (1) The Stockpile Services Advanced Con- cause there is no known casing strong over the next 5 years is nearly $500 mil- cepts Initiative for the support of new nu- enough to drive that bomb down to lion for this program. So it is more clear weapons development. that depth. than a study. It is a real program that (2) The Robust Nuclear Earth Penetrator So I ask the question: Why are we is underway. I think it is a huge mis- (RNEP). doing this? Why are we spending what take. I indicated that there is no way Mr. KENNEDY. Mr. President, I see over 5 years will be $500 million on this today to sink a nuclear weapon deeply my friend and colleague, who offered program? And why are we doing it enough into the earth to prevent radio- this amendment on a previous occa- when it is going to encourage the very active fallout. Let me show what that sion, in the Chamber. We have worked proliferation everything about us fallout would do. This is the predicted closely together. Because of the neces- wants to prevent? radioactive fallout from a 300-kiloton sities of time, I hope the Chair will rec- We now know through newspaper ar- explosion in west Pyongyang, North ognize her to make remarks, and then ticles that India may be looking at Korea, using historical weather data I will try to gain recognition. what is called a boutique nuclear weap- for the month of May. We see what the I yield the floor. on, a battlefield nuclear weapon. We fallout would be. This makes no sense. The PRESIDING OFFICER. The Sen- lead the way. We do not want other na- We are not going to use a weapon ei- ator from California is recognized. tions to go ahead and develop this, and Mrs. FEINSTEIN. Mr. President, I ther on a battlefield or as a bunker this country has the most sophisti- buster that spews out radioactive nu- thank the Senator from Massachusetts. cated conventional military in the I particularly thank him for being the clear fallout. Why reopen the nuclear world. door? Why have other nations look at main sponsor of this amendment. I support this amendment which es- This amendment is something about America and say, America is going to sentially would eliminate the author- do this; maybe we should do it? India, which I feel passion, and the reason I ization for the robust nuclear earth do is because the country, of which I Pakistan, historic enemies, both nu- penetrator and the advanced nuclear clear capable countries, rumors are am a part, in this bill authorizes the weapon concept. that one now is going to develop a tac- opening of a nuclear door to the devel- I want to point out when this admin- tical battlefield nuclear weapon. They opment of new nuclear weapons. istration came into office, they put out see us doing it; therefore, it is all right One of the things I realized is Ameri- a document called the Nuclear Posture for them to do it. cans forget what a nuclear weapon Review in 2002. This Nuclear Posture According to press reports, in a Nu- does. Both Senator KENNEDY and I were Review, according to press reports, ac- clear Posture Review, one of the coun- very young teenagers when the first tually stated the United States would tries we might consider a first use, nuclear bomb was dropped. The first countenance a first use of nuclear North Korea. We then find North Korea nuclear bomb that was dropped was 15 weapons in certain circumstances. breaks the agreed formula. North kilotons, and it was dropped on Hiro- This document named seven coun- Korea is producing a nuclear capa- shima. This is what Hiroshima looked tries against whom we would consider bility. It makes no sense for the like when that bomb was dropped. launching a nuclear first strike. Those strongest military on Earth, the most Let me show you what a 21-kiloton seven countries as listed in 2002 were sophisticated conventional military on nuclear bomb did, because that was the North Korea, Iraq, Iran, Syria, Libya, Earth, to say, once again, we must re- second bomb that was dropped, and China, and Russia. It also proposed a open the nuclear door, and we must that was on Nagasaki. In the course of new triad in which nuclear and conven- begin a new generation of nuclear a year, between the two cities, 200,000 tional weapons coexist along the same weapons. people died—200,000—many of them in continuum. This effectively blurs the The people of California do not want the most horrible of ways from radi- distinction between nuclear and con- this. I do not think the people of any ation sickness. ventional weapons and suggests that State want that. So I believe very Radiation is a major problem when- they could be used as an offensive strongly in this amendment. I hope to ever you look at a new nuclear weap- weapon. discuss it more on Tuesday. I will do on—where it can be contained, how it In addition, the Nuclear Posture Re- everything in my power to fight every can be contained, and where it cannot view said we need to develop new types way I can the reopening of this nuclear be contained. of weapons so we can use them in a door. In this bill, there is authorization for wider variety of circumstances and The Robust Nuclear Earth Pene- a 100-kiloton nuclear bunker buster. In against a wider range of targets, such trator, and Advanced Concepts Initia- this bill, there is a request for author- as hard and deeply buried targets, or to tive are only part of a movement to ex- ization of $9 million for advanced nu- defeat chemical or biological agents. pand the development of new nuclear

VerDate May 21 2004 03:50 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.086 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6427 weapons. There are also plans to de- This is a prudent way to handle a penetration of hard geology. While the velop a modern pit facility, and that very sensitive issue, which is deserving feasibility study on the Robust Nuclear modern pit facility would provide the of the Congress’s most careful over- Earth Penetrator will allow the De- capacity to create up to 450 more plu- sight. I believe we struck a proper bal- partment of Energy to determine if the tonium pits per year. The plutonium ance which will allow our weapons sci- capability of destroying the HDBTs is pit is the shell which is effectively the entists, engineers, and technicians to possible, the current authorization will trigger of a nuclear device which com- conduct necessary research and studies not result in a new or modified nuclear presses and therefore detonates. That to ensure that they maintain the abil- weapon. is not necessary to maintain the curity to respond to any future military Again I want to emphasize that the rent nuclear numbers that we have. It requirements from the Department of National Defense Authorization Act for is only necessary if you are going to Defense. the fiscal year 2004 included a provision build new nuclear. In addition, last We know rogue nations are increas- requiring a specific authorization from year the Administration urged Con- ingly developing hardened and deeply the Congress before the Secretary of gress to eliminate the Spratt-Furse buried targets where they can conduct Energy can proceed to the engineering/ provision which for the past 10 years command, control, and communica- development phase or subsequent phase provided that there could be no re- tions operations, operate laboratories of a Robust Nuclear Earth Penetrator search, no development, no study of to produce and store weapons of mass or a low-yield nuclear weapon. low-yield nuclear weapons. destruction, and engage in other activi- I support the National Nuclear Secu- So the evidence is there that this ad- ties. rity Administration’s ability to con- ministration is proceeding along the Pursuant to military requirements tinue the feasibility study and the Ad- lines to reopen the nuclear door to de- from the Department of Defense to advanced Concepts Initiative, and I urge velop a new generation of nuclear dress hardened and deeply buried tar- my colleagues to oppose the amend- weapons while at the same time gets, the National Nuclear Security ment, which is, if anything, premature preaching to the world, thou shalt not; Administration is doing a feasibility because of the points I have just made. I will note in closing that it is pos- we are opposed to nuclear prolifera- study to determine whether an existing sible to show photographs of a flat- tion. Yet we are willing to open that nuclear weapon can be modified so that tened Tokyo during World War II that door and proliferate ourselves. it can destroy these hardened targets— was not bombed with a nuclear weapon In my view, this is hypocrisy. In my I repeat, an existing nuclear weapon, or a burned-out Dresden, Germany. It view, this is not good public policy. In not a new nuclear weapon. The feasi- is possible to show a lot of destruction my view, this is immoral and uneth- bility study is also trying to determine in war caused by either nuclear or con- ical. what collateral damage would result in ventional weapons. But that is not I represent a constituency that does such an event. what we are talking about nor are we not think we need a new generation of The need for validating this capa- talking about opening the nuclear nuclear weapons. So this amendment bility is well documented over several door, as was mentioned. No new nu- would remove that authorization from preceding administrations. Increased clear weapon is envisioned here. What the Defense authorization bill, and I urgency to develop a capability to destroy hardened and deeply buried tar- we are talking about, again, is a feasi- stand in support of it. bility study to use something we al- I yield the floor. gets, both conventional and nuclear, was identified in the Quadrennial De- ready have to destroy a target. The PRESIDING OFFICER (Mr. I would answer the question, Why fense Review, also in the Nuclear Pos- COLEMAN). The Senator from Arizona. would we want to do this? There are a Mr. KYL. Mr. President, I rise in op- ture Review, and the Hard and Deeply lot of intelligence reports we cannot position to the amendment and would Buried Target Capstone Report and the get into on the Senate floor that dis- like to first reflect on some remarks HDBT report to the Congress. Ad- cuss the propensity for potential en- that would have been presented by the vanced penetrators armed with conven- emies of the United States to deeply chairman of the Armed Services Com- tional warheads have a very limited ca- bury what they don’t want us to be mittee, Senator WARNER, were he able pability. They can only address rel- able to destroy—whether it be weapons to be here. Then I will make a couple of atively shallow targets whose location of mass destruction, production or comments on my own as well. is known precisely. storage or launch capability facilities I would parenthetically note that we He points out that for the past 2 or command and control or other kinds years, the Department of Energy has also have photographs at the very be- of targets we may need to deal with in requested funding or legislation for ginning of the gulf war where we a time of war. Why would we want to several nuclear-weapons-related activi- thought we had identified the location deny ourselves the ability to destroy ties, including a feasibility study on of Saddam Hussein. Very precise weap- those kinds of targets? the robust nuclear earth penetrator onry was deployed to try to penetrate The point was mentioned that Sec- and the advanced concepts initiative. the bunkers and facilities in which we retary Rumsfeld testified. What did he These requests generated significant thought the command and control was testify to? That this was worth study- debate in the Congress, both last year located. You remember the photo- ing. He never said we were proceeding, and in the previous year. Last year, graphs of the concrete, layer upon because the law would prohibit that. Congress decided to authorize research layer upon layer, and hardened steel That is all he said, that this is worth and the feasibility studies on advanced intermeshed with that concrete, none studying. Indeed it is. concepts and the robust nuclear earth of which, of course, was penetrated Why does the 5-year budget require- penetrator, while ensuring that the enough to destroy the target we want- ment carry out a larger sum of money? Congress has the final say on whether ed to destroy. Only nuclear weapons Simply because that is what we re- more advanced development activities can address the deeply buried targets quire. We say to the DOE: Even though may proceed in the future. that are protected by manmade or even you have a 1-year number here, what So it is strictly up to Congress as to hard geology. Our current nuclear pen- would it look like if you proceeded 5 whether we would authorize anything etrator, the B6–111, is only capable of years out? And they have to tell us. in the future, and that has nothing to penetrating a few feet of frozen soil and But that is a hypothetical number be- do with the bill that is before us today. is incapable of attacking successfully a cause we have not authorized anything Specifically, the National Defense growing number of these hardened tar- beyond the number we are talking Authorization Act for fiscal year 2004 gets. about here. prohibits the Department of Energy The feasibility study on the Robust The final point. Once we start talk- from proceeding to the engineering/de- Nuclear Earth Penetrator is focused on ing about nuclear weaponry, a lot of velopment, production or deployment technical issues related to adapting an very extraneous arguments get brought phases of the robust nuclear earth pen- existing nuclear weapon to meet a into the picture. I suggest we not go etrator, or a low-yield nuclear weapon, spectrum of nuclear requirements for down that road because it is not nec- unless specifically authorized by Con- hardened and deeply buried targets, in- essary. It has nothing to do with this gress. cluding survival through impact and debate.

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.088 S03PT1 S6428 CONGRESSIONAL RECORD — SENATE June 3, 2004 One of the arguments is, why would But even more compelling is the fact The administration’s Nuclear Pos- we want to begin testing nuclear weap- that conventional weapons will do the ture Review acknowledged this, stating ons when we are trying to convince job against deeply buried targets. All it ‘‘puts in motion a major change in these other countries such as Pakistan bunkers must have air intakes, energy our approach to the role of nuclear’’— and India, and so on, not to do so? I resources, and entries; and secure those this is in the Nuclear Posture Review, mind my colleagues that long after the through conventional means and you 8 January 2002. Building on the QDR— United States imposed a moratorium have essentially secured the bunker, the overall review of our defense capa- on all nuclear testing, it was not just making these new nuclear weapons bility—the Nuclear Posture Review India or Pakistan but the North Kore- programs effectively useless. ‘‘puts in motion a major change in our ans who were trying to develop a weap- In the end, the Department of Energy approach to the role of nuclear offen- on. The French and the Chinese tested would like us to buy something that we sive forces in our deterrent strategy weapons after our moratorium was de- do not need, that we will never use, and presents the blueprint for trans- clared. So it is fallacious to say if only that endangers us by its mere exist- forming our strategic posture.’’ we would forego any testing of any ence, and that makes our important Why? Because the administration in- kind, then the other countries would diplomatic goals much more difficult tends to go ahead not only in the re- forego it as well. History shows that is to achieve. search but in the development of these a fallacious argument. I hope we will have the acceptance of weapons systems. We will hear from My point is let’s not get into the our amendment. the other side: ‘‘Oh, no, we aren’t, Sen- scary discussion of reopening the nu- Mr. President, having outlined what I ator.’’ All you have to do is look in the clear window with an amendment that believe to be the principal reasons for legislation itself. There it is on page would prohibit us from continuing to the amendment, I am going to take a 378—the limitation of availability of study something that all of our defense few moments to go into some detail funds for advanced nuclear weapons people say we need to continue to now about what is at risk. concept limitation. Under the funds au- study, and that is whether an existing As I mentioned, we are on the thresh- thorized to be appropriated this year, weapon could be used to destroy a tar- old of a new nuclear arms race. Instead they may be obligated or expended for get we may need to destroy at some of curbing the spread and the develop- the purpose of additional or explor- time in the future. As long as Congress ment of nuclear arms, the Bush admin- atory studies under an advanced nu- has the ultimate say as to whether we istration wants us to build a new gen- clear weapons concept initiative until would proceed with the development or eration of nuclear weapons. I believe 30 days after the date on which the Ad- deployment of the weapon—and we this is a dangerous and reckless policy ministrator for Nuclear Security sub- have not done that—it is absolutely that will put Americans at even great- mits to the congressional defense com- not necessary for us to adopt an er risk in an increasingly dangerous mittees a detailed report on the activi- amendment such as this that would world. ties for such studies on the initiatives cripple us from even looking into the The nuclear weapons the administra- that are planned for 2005. subject. That would be a Luddite position is developing go by such terms as There it is. Is that what the adminis- tion for a country like the United ‘‘mini-nukes’’ and ‘‘bunker busters.’’ tration and is that what the Senate is States with all of the responsibilities They may not possess the yield of the relying on to say they are going to we have to take. nuclear warheads of the cold war era, have to come back here for another ac- I urge my colleagues to vote against but a mushroom cloud is still a mush- tion in terms of the development and this amendment when we have the op- room cloud. They can still cause monu- the testing of nuclear weapons? portunity to do so. mental destruction, massive casual- Look at what the language says— The PRESIDING OFFICER. The Sen- ties, and long-term environmental until 30 days after the date on which a ator from Massachusetts. damage to entire regions of the world. report goes to the committee. They can Mr. KENNEDY. Mr. President, I wel- They will encourage other countries to go ahead. come the opportunity to join with my follow our example and produce a new Let us see what they are intending. colleague and friend, the Senator from generation of nuclear weapons of their This is a pass. Those who rely on that California, offering this amendment own. Their existence makes it even language said, ‘‘Senator KENNEDY, Sen- with my other colleagues. more likely that nuclear weapons could ator FEINSTEIN, we have effectively ad- Just to summarize very briefly, the fall into the hands of terrorists. dressed your needs.’’ They cannot go development of these nuclear weapons On issue after issue, the Bush admin- ahead in terms of development or test- signals a dangerous direction in our istration has arrogantly abandoned co- ing because we have language in there nuclear policy. It weakens our ability operation of the allies in favor of ‘‘my to prohibit it. to ask other countries to give up their way or the highway’’ policies that al- That is not accurate. That is not ac- nuclear programs. If we build these nu- ienate us from the world, from its re- curate. I have read the operative lan- clear weapons, the costs are clear. No jection of the Kyoto Treaty against guage in the Defense authorization bill one will believe we are serious about global warming to misguided occupa- for this year’s funding. They can do nuclear nonproliferation. Developing tion of Iraq. This administration’s poli- anything they want after they give no- new nuclear weapons sends a mixed cies have made the world more dan- tification. That isn’t any prohibition message that undermines all of our gerous for Americans, and the develop- for this year. calls for nonproliferation. When we ment of a new generation of nuclear We can ask, What do they mean? criticize Iran and North Korea for their arms is another such policy. These nu- What do they intend? nuclear weapons development, they clear weapons programs must be Let us look at what Linton Brooks, point back to ours. stopped. Administrator of the National Nuclear There is little doubt that we would The administration requested a total Security Administration, says. He is be starting a new arms race. Although of $34.2 million for the development of the top person on nuclear weapons. He it is too soon to tell who will follow these new nuclear weapons. Our says on December 5, 2003: ‘‘On behalf of suit, few developments in the quantity amendment would stop this money the administration, I would like to or quality of nuclear weapons have from going toward these new nuclear thank you’’— gone unmatched by other powers. To weapons and would direct the money This was a memoranda to the direc- start a costly new arms race for these toward other priorities such as increas- tors of some of the laboratories. I will weapons of little utility is, I believe, a ing the safety of our existing stockpile, include the page in the RECORD. mistake. or environmental cleanup of nuclear ‘‘On behalf of the administration, I At the same time, the benefits are materials. would like to thank you and your staff not clear. Opponents will just build The administration’s funding request for helping us to support this impor- deeper bunkers, out of the range of new for these programs is a continuation of tant effort. We are now free to explore weapons. We will build weapons with the dangerous new direction this ad- a range of technical options.’’ deeper range and our enemies will ministration is taking in our nuclear This is after Congress repealed the again build deeper bunkers. weapons policy. amendment which prohibited mini-

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.107 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6429 nukes. That was in the law. And the want to support this particular pro- first gulf war, Colin Powell asked for a last Congress repealed that action. gram. review of options for using tactical nu- Here is the head of the National Nu- Development of these nuclear weap- clear weapons on the battlefield. He re- clear Security Administration: ons is part of that ill-advised trans- jected all of them. Colin Powell re- ‘‘We are now free to explore a range formation. It returns us to the dan- jected all of them because he concluded of technical options. We should not fail gerous dynamics of the world when our they have no usefulness on the battle- to take advantage of this oppor- nuclear scientists competed with our field. tunity.’’ rivals to develop the latest technology, Unfortunately, last year, at the ad- Look what else Linton Brooks said: our arsenals were on highest alert, and ministration’s request, Congress re- ‘‘I have a bias in favor of things that we were only minutes away from nu- pealed the ban and allowed research might be usable. I think that’s just an clear attack. into these weapons to go forward. I dis- inherent part of deterrence. If it is usa- The administration’s nuclear posture agreed with that action and joined ble, they can be developed, and we review directs the Department of De- with my colleague from California in ought to use it.’’ fense to look into the possible modi- an amendment to retain the ban. Many You can ask, How do we know the ad- fication to existing weapons to provide supported repealing the ban because ministration is serious in pursuing the additional yield flexibility in the they believed the administration would bunker buster? How do we know that? stockpile and improve the earth-pene- not field these new weapons. This is All we have to do is look at the 5-year trating weapons to counter the in- simply not true. budget the administration has sub- creased use of potential adversaries of mitted. hardened and deeply buried facilities, The administrator’s nuclear weapons As it moves on through in the devel- referring to the bunker buster. In addi- chief, Linton Brooks, says, as I men- opment of the bunker buster, you will tion, the nation’s nuclear weapons lab- tioned: ‘‘I have a bias in favor of the find as it increases—it has a total ap- oratories were to look into the weap- lowest useable yield because I have a propriations for this whole project of ons that reduce collateral damage, the bias in favor of . . . things that might some $484 million over the next 5 years. so-called mini-nukes. be useable.’’ For studies? For technical research? Last year, the House Energy and That is a clear intention of what a That is for the robust nuclear pene- Water Subcommittee raised serious leading person for the administration trator. Research is $484 million and $82 concerns about our Nation’s nuclear believes and feels about the usability million for the small nuke. If you look weapons program. They had extensive of small nuclear weapons. in their budget, that is what it has. hearings on this. The Department of The administration wants these Look in the details of what they ex- Energy is proposing, and this is their weapons because it believes our exist- pect each year. And when you come to conclusion of the House committee re- ing nuclear weapons are too large to be 2007, you will find it is planning devel- port: used. It wants to develop a generation opment in 2007. It has the technical The Department [of Energy] is proposing of more useable nuclear weapons. In language. to rebuild, restart, and redo and otherwise creating a more useable nuclear weap- If I am wrong, I hope those on the exercise every capability that was used over on, the administration is making it other side will correct me. If this lan- the last forty years of the Cold War and at guage does not mean development, cor- the same time prepare for a future with an more likely that the United States rect me. If applicable, RNEP will move expanded mission for nuclear weapons. would use such a weapon, increasing to level 6.3 authority, given the appro- That is what the Republican House the risks of escalation and nuclear war. priate authorization—that means effec- committee concluded, after extensive This chart shows a detonation out- tively the development in 2007 and the hearings on this particular issue. The side of Damascus. This would be a 5- testing in 2009. It is in the 5-year pro- House Energy and Water Sub- kiloton bomb that was detonated in a gram. This is what they are intending committee thought the pursuit of a hypothetical bunker in the Middle to do. That is why this amendment is broad range of new initiatives was pre- East, in Damascus, on a typical day. so important. mature until the Department of En- Over half a million people would be It is very clear what the intention of ergy could demonstrate that it could wounded or killed from such explosion, the budget proposal is from the state- adequately care for the nuclear weap- and the fallout pattern would extend ment of the key administration offi- ons we already have, which makes from Damascus into the Mediterranean cials who are dealing with the develop- sense. Sea. The detonation of even a 1-kiloton ment of nuclear weapons and by the The committee cut the funding for nuclear weapon at a depth of less than statement of the Nuclear Posture Re- the mini-nukes program, refusing to 50 feet will create a crater larger than view in and of itself. That is the direc- ‘‘support redirecting the management the World Trade Center and spew a mil- tion we are going. resources and attention to a series of lion cubic feet of radioactive dust into We believe we should say we are not new initiatives.’’ the atmosphere. going to go in this direction. We do not Chairman HOBSON’s criticisms ring According to Michael May, the want to have another nuclear arms just as true today. Our amendment former Director of Lawrence Liver- race. would similarly cut the funding for more Nuclear Laboratory, one of our One of the great successes of Demo- new nuclear weapons programs. premier research labs, ‘‘Scientists say cratic and Republican Presidents over The President’s budget for fiscal year even a low-yield nuclear strike on a the period since the end of World War 2005 contains $9 million for the Ad- bio-warfare storage bunker will dig a II was being able to contain the nu- vanced Concepts Initiative, which large, hot crater and blast a witches’s clear arms race. We came dangerously funds research into the programs. This brew of weaponized germs and radio- close during the Cuban missile crisis of is an increase of 50 percent from last active fallout into the air.’’ a nuclear exchange. But we have been year’s level of $6 million. able to avoid it, and we have seen The low-yield nuclear weapons are This next chart gives some idea progress made with the different arms nuclear weapons with a yield up to 5 about what that might look like. We control agreements which have been kilotons. But these mininukes are very can realize the size of the hole only if signed and supported by Republicans deadly. A 5-kiloton bomb is half the we can see the observation post that and Democrats alike. size of the bomb we dropped on Hiro- allegedly can hold 20 people. They are Why in the world, when we are trying shima, capable of killing hundreds of right on the edge of that very substan- to contain the nuclear capability of thousands of people and making the tial crater for the 1-kiloton bomb, with North Korea and Iran, are we going out target radioactive for decades to come. the thousands of tons of radioactive and beginning to have another nuclear Based on questions about their bat- material which comes from that. arms race when we have the most tlefield utility, Congress banned the re- For those who argue that the ad- feared military in the world right now? search and development of these weap- vanced weapons concepts program is That is the argument that must be ad- ons for over 10 years. As Chairman of necessary to preserve the intellectual dressed on the other side to those who the Joint Chiefs of Staff during the base of nuclear weapons scientists, one

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.110 S03PT1 S6430 CONGRESSIONAL RECORD — SENATE June 3, 2004 of the prime reasons being rec- chemical or biological agents, creating will believe we are serious about nu- ommended before our committee is be- a great deal of nuclear fallout. If the clear nonproliferation. Developing the cause we want to keep occupied our nu- detonation is underground, all the de- new nuclear weapon sends a mixed clear scientists so they will be ener- bris becomes radioactive and disperses message that undermines all of our gized in their work. through the air. Fallout can be reduced calls for nonproliferation. When we This amendment would not stifle by detonating the weapons at a higher criticize Iran and North Korea for their their ability to study nuclear weapons. altitude, but that reduces their effec- nuclear weapons development, they There is plenty of work to be done on tiveness against chemical or biological point back to ours. There is little stockpile security, on the nuclear weapons. doubt that we would be starting a new weapons capability of other nations. Bunker busters require pinpoint ac- arms race. Though it is too soon to tell This amendment would leave the curacy to hit deeply buried, hardened who will follow suit, few developments money available for research in the nu- bunkers that may contain chemical or in the quantity or quality of nuclear clear weapons field but would prevent biological weapons. They require pre- weapons have gone unmatched by other it from being spent on nuclear weapons cise intelligence on the location of the powers. To start an arms race with research. target because even an enhanced radi- these weapons of little utility is a mis- The robust nuclear earth-penetrator, ation weapon has a very short range of take. the so-called bunker buster, is a nu- effectiveness to neutralize a biological Opponents, as mentioned, will just clear weapon that will burrow into the agent. If the bomb is even slightly off build deeper bunkers, but even more ground 10 to 50 feet before detonating. target, the detonation may cause the compelling is the fact that conven- The administration is currently study- spread of chemical bioagents in additional weapons will do the job against ing the feasibility of putting existing tion to the radioactive fallout instead deeply buried targets. We have not nuclear weapons with yields up to 300 of vaporizing the agent. heard on the Armed Services Com- kilotons into an earth-penetrating cas- In fact, the administration’s own Nu- mittee testimony that we do not have ing. The bunker buster is designed to clear Posture Review acknowledges the capacity or capability to deal with strike deeply buried, hardened bunkers, that ‘‘significant capability shortfalls the deep bunkers with conventional which could be fortified below 100 to 300 currently exist in: finding and tracking weapons today. I will wait for those feet of concrete. mobile relocatable targets and WMD who are opposed to this amendment to Earth-penetrating weapons would sites’’ as well as ‘‘locating, identifying, justify that position. spray millions of tons of radioactive and characterizing hard and deeply So this is a matter of enormous im- waste into the atmosphere, creating a buried targets.’’ portance and consequence. The mate- plume of deadly fallout, according to Given our current failure to locate rials I mentioned are here on my desk. nuclear physicists. WMD in Iraq, do we have sufficient It is quite clear the direction this ad- Robert Peurifoy, the retired vice confidence to drop a nuclear bomb on a ministration is intending to go. It is president of Sandia National Labora- suspected hardened, deeply buried clear not only from the statements of tories, another premier nuclear weap- bunker? According to noted Stanford those who have the prime responsi- ons laboratory, had this to say: physicist Sidney Drell, the blast effects bility for the development of nuclear ‘‘If you can find somebody in a uni- of such a weapon ‘‘extend beyond the weapons, it is clear in their statement form in the Defense Department who area of very high temperatures and ra- for their 5-year proposal. You cannot can talk about the need for nuclear diation they create for destroying such read that proposal and not see where bunker busters without laughing, I’ll agents.’’ The consequences of using they are looking for development and buy him a cup of coffee. It’s outlandish. such a weapon extend far beyond the testing. It is all out there for everyone to see. It’s stupid. It is an effort to maintain a limited area of a suspected bunker. For those to suggest on the floor of payroll at the weapons labs.’’ In the months leading up to the war the Senate that under the existing De- Opponents will argue that we are in Iraq, the administration refused to fense authorization bill we have effec- simply funding a study, that there is rule out—isn’t this interesting—in the tively prohibited that kind of conduct no intent to go any further. But last months leading up to the war in Iraq, in terms of the testing and the develop- year Fred Celec, former Deputy Assist- the administration refused to rule out ment defies the language I have read ant Secretary of Defense for Nuclear the use of nuclear weapons. If we had previously. The only hindrance would Matters in the Bush administration, mininukes last spring, would we have be the fact that the Department of De- was asked about these bunker busters used them against suspected chemical fense is required to send studies here to and he stated that if a hydrogen bomb or biological bunkers, bunkers which the appropriate Defense committees can be successfully designed to survive turned out not to have existed? and then, after 30 days, is free this year a crash through hard rock or concrete Using a low-yield nuclear weapon to take whatever action they want. against a suspected bunker around and still explode, ‘‘it will ultimately That is not the way for us to move into Baghdad could have killed a half a mil- get fielded.’’ another nuclear arms race. That is In May 2003, Secretary Rumsfeld said lion people or more. Imagine the geo- what this amendment is meant to ad- the bunker buster ‘‘is a study. It is metric increase in the resentment of dress. That is why I hope it will be ac- nothing more and nothing less.’’ This the Iraqi people to our occupation, cepted. study was planned to cost $15 million what it would have been had we done Mr. President, I yield the floor. for fiscal years 2003 to 2005. In fiscal so. The PRESIDING OFFICER. The Sen- year 2004, based on concerns about the Couple the administration’s interest ator from North Dakota. program, Congress cut the appropria- in these weapons with its newly de- Mr. DORGAN. Mr. President, first, tions to $7.5 million. But this year, the clared preventive war doctrine and we let me compliment the Senator from President’s fiscal year 2005 budget re- face the potential of a nuclear first Massachusetts. I fully intend to sup- quest challenged that and the adminis- strike against a nonnuclear nation. port this amendment. I have spoken tration requested $27.6 million for the This would violate our obligations about this issue on the Senate floor study and revealed that it planned to under the Nuclear Nonproliferation previously. It is in my judgment that spend $485 million over the next 5 Treaty. Use of a nuclear weapon job one for this country is to attempt years. against a country preemptively would to stop the spread of nuclear weapons Surely an investment of that mag- instantly transform America from the around the rest of the world, to prevent nitude is not just a study but a quan- great beacon of hope in the world to a the proliferation of nuclear weapons, to tum leap towards deployment of this pariah. make certain the nuclear weapons that dangerous weapon. In fact, in that plan So, as I mentioned, the development do exist are protected and safeguarded, the administration stated its intent to of these new weapons signals a dan- and then for this country to lead in move in a development stage. gerous direction in our nuclear policy. this world to try to reduce the stock- Whatever their size, current deployed It weakens our ability to ask other pile of nuclear weapons. nuclear weapons must be detonated countries to give up their nuclear pro- But for this country to be talking close to the ground in order to kill grams. And the costs are clear. No one about building new nuclear weapons,

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.112 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6431 earth-penetrating, bunker-buster nu- Cuba that it is effective. But TV Marti, airplane that the Cuban people prob- clear weapons or low-yield nuclear broadcasting television signals into ably cannot see or receive. weapons, and have people in this ad- Cuba, let me talk about that for a mo- It is unbelievable to me that the ministration talk about nuclear weap- ment. White House is pushing this nonsense. I ons as if they are just another weapon All those television signals are am going to offer an amendment that to be used in a war—drop a nuke on a blocked so the Cuban people can’t see will say we will prohibit the use of EC– cave someplace; just another weapon, it. We broadcast it. I want to show you 130 special operations aircraft and that is what they are talking about— what we have been doing with the tax- other aircraft for transmission of TV that this country should be wanting to payers’ money. This is a picture of Marti broadcasts to Cuba or radio build more, it is absurd. something called Fat Albert. It is a broadcasts to Cuba. We already get the There are roughly 30,000 nuclear tethered dirigible or balloon that goes radio broadcasts in. We don’t need to weapons on this Earth. The stealing of up, and using Fat Albert we send tele- do it with special operations aircraft. one of those weapons or the acquisition vision signals at Cuba. Traditionally, Having a special operations aircraft of one by terrorist groups would cause we have done it from 3 until 7 in the available probably will not get TV sig- an apoplectic seizure for people who morning. We broadcast 4 hours a day nals in effectively. live in the major cities of this country through Fat Albert. The Cuban Gov- My point is, why waste the money? that would be targeted by the detona- ernment blocks the signal. So we spend We were told yesterday that we are tion of a nuclear weapon. the money for nothing. We have a bal- short of money for DOD. We were told Our job is not to be talking about loon-enhanced signal to Cuba and no- we should have a $25 billion reserve building new nuclear weapons. There body can see the image. fund. This Congress voted for it with- are plenty of nuclear weapons on this In fact, here is how the television out a dissenting vote. Why? Because we Earth—far too many, in fact. Our job is screen in Cuba looks. As you see, it is are short of money. We need it, so the to be a world leader in stopping the a scrambled screen. There is no TV pic- Congress provided it. Do we want to spread of nuclear weapons and to find ture. use scarce resources for flying a special ways to reduce the stockpile of exist- The President announced recently ops airplane, of which there are only ing nuclear weapons. That is the way that he is going to get much more ag- six in the entire world, so that we can we create a safer world, not talking gressive on TV Marti. One would think send signals that will be jammed by about building more, not talking about if what we are doing is a colossal, trag- Fidel Castro? resuming testing, not talking about ic, complete, thorough waste of tax- I don’t have any use for Fidel Castro. bunker buster, earth penetrators, low- payers’ funds, you would stop it. No, I want the Cuban people to be free. But yield, usable nuclear weapons. That is, not us, not now, not with Cuba. We I want the American people to be free in my judgment, reckless talk. I intend want to spend more money. The Presi- from this nonsense. These are tax- to support this amendment. dent says it doesn’t matter that they payers’ moneys that come from the Mr. President, I am going to be offer- can’t see it. It doesn’t matter that it pocketbooks of the American people, ing an amendment to this Defense au- doesn’t work. What we want to do is and they ought not be wasted. This is a thorization bill dealing with the White phase out these balloons because they tragic waste of the taxpayers’ money. House plan to use a military aircraft to are old. What we want to do is take an While I am at it, let me make one broadcast Television Marti to the EC–130 special operations aircraft, more point. We have folks who are in Cuban people. I want to talk about under the control of the Department of the Treasury Department in an organi- that just for a moment. Defense, and use it to transmit TV zation called OFAC, Office of Foreign It is almost unbelievable. When Marti broadcasts to Cuba. The broad- Assets Control. Their job is to track someone listens to the logic of all of casts may well still be jammed, and the terrorist funds, the funds that support this, they would say: Are you nuts? Is Cuban people still won’t be able to see terrorists groups. Down at the Office of no one thinking at all about this? them. But the President and the White Foreign Assets Control, they have 21 Cuba, as we know, is a Communist House are talking about $18 million to people tracking American tourists who government, run by Fidel Castro. He, I be able to send these television mes- travel to Cuba. And they have fewer think, has lived now through 10 Amer- sages into Cuba that the Cubans can’t than four who are tracking assets that ican Presidencies, with an embargo on see. are supporting Osama bin Laden. That the country of Cuba through 40-some We have spent $180 million on TV is unbelievable to me. years. Marti since 1989, $180 million on broad- Recently I brought a picture of a So we want to convince the Cubans cast signals the Cubans haven’t seen. woman named Joanie Scott to the Sen- that Fidel Castro is a bad deal for One wonders if there is any depth to ate floor, a wonderful young woman them. Well, I have been to Cuba. I do which foolishness will move in this who came to see me. She went to Cuba not think they need much convincing. Chamber, if we continue to do this. Is to distribute free Bibles. But she found They understand. They do not live in a there anything that is beyond the pale? out those fearless warriors in OFAC free country. They understand that We just want to keep doing this? In were not tracking Osama bin Laden. they live under the yoke of a Com- fact, we want to get rid of the balloon, They were tracking Joanie Scott who munist government. They would love and we can put this aircraft up, run by was distributing free Bibles to the peo- to come to this country. If we had no a military special operations unit. ple of Cuba and slapping her with a immigration laws and Castro let them There are only six of these aircraft in $10,000 civil fine. go, we would have an exodus to this the world. They are extraordinarily And it is not just Joanie Scott. It is country. So they do not need a great valuable in the Middle East. We have a whole series of others, such as a man deal of convincing. But, nonetheless, used these airplanes to great value in whose father died, and his last wish we spend a lot of money on Television the Middle East. They broadcast im- was that his ashes be buried at the and Radio Marti. portant messages to support U.S. mili- church in which he ministered in Cuba. So Radio Marti actually gets into tary operations in places like Afghani- His son takes them there, and OFAC, Cuba, and people listen to it. I have stan and Iraq. But they will not be used instead of tracking Osama bin Laden’s been to Cuba. The dissidents and others to great value in Cuba. funding, is going after this guy with a in Cuba indicated that Radio Marti is So if something doesn’t work, the civil fine for taking his dead father’s effective, although they can also pick President and the White House an- ashes to bury them in Cuba. That is the up the radio stations from Miami eas- nounce we want to do more of it, and kind of nonsense that is going on. It ily. All those commercial stations are do it with more sophisticated equip- has nothing to do with sound public available to be listened to by the folks ment. policy. It has everything to do with in Cuba. We want to divert this aircraft from politics in Florida. This administration I support Radio Marti. It is fine with missions in war theaters—Afghanistan, is playing it like a violin. me. It gets into the Cuban broadcast Iraq—and see if it can replace Fat Al- The fact is, this ought to stop. I will range, the Cuban people listen to it, bert; put it up in the air and push tele- support the Defense authorization bill, and I have been told by the Cubans in vision signals out the carcass of this but I hope my colleagues will agree

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.114 S03PT1 S6432 CONGRESSIONAL RECORD — SENATE June 3, 2004 with me that diverting money from the They laughed about stealing money care about that? They don’t give a Defense Department to put up a special from people by manipulating and shut- whip. They are supposed to regulate operations EC–130 to broadcast tele- ting down electric plants. This all hap- and they are content to sit on their vision signals to the Cuban people who pened while we had the FERC, Federal hands and observe. I met with them probably won’t be able to see it is a Energy Regulatory Commission—peo- yesterday; same old story. waste of taxpayers’ money, and it ple who are paid by the taxpayers who The Securities and Exchange Com- ought to stop. are supposed to regulate—sat on their mission wants to hire a psychologist REGULATORY AGENCIES hands; they did their imitation of a because of employee stress. It is inter- Mr. DORGAN. Mr. President, I read potted plant and did absolutely noth- esting to me that the investment bank- in the paper a story that reminded me ing. ing firms were investigated in this that we have some real problems with One might ask consumers on the country and reached a settlement be- respect to regulatory agencies these west coast about the $5 billion to $10 cause they internally, some of them, days. I happen to think there is a sig- billion that was stolen from them by were trying to sell stocks to the public nificant role for effective regulation in manipulating supply and demand and that internally they called dogs. They government, especially in areas where the inflating of prices by cartels, by said, we have these stocks that are real dogs, not worth anything, but let’s you have monopolies or the potential traders who created schemes named market them to the public. They had of abuse of consumers and citizens. ‘‘get shorty,’’ ‘‘fat boy,’’ ‘‘death star,’’ sales people trying to sell the stocks That is why you have regulatory au- and ‘‘load shift.’’ that they described as dogs. Do you thorities, and there is a requirement These are organizations—and there is know who uncovered all that double for them to regulate effectively. more than one—that, in my judgment, I noticed in the paper that ‘‘SEC stole billions of dollars. Yes, there are dealing going on, the basic conflicts of interest? Was it the SEC, the ones that Seeks Psychologist to Boost Morale.’’ some indictments, but some are still have hundreds of lawyers who are sup- It says: living in their gated communities and posed to be doing this? No, the Securi- Some former SEC officials find the idea of counting that money. an SEC psychologist laughable. The Federal regulatory agency here, ties and Exchange Commission, which wants to hire a psychologist because This is a full-time position that will called FERC, did the American public they have such stress on their jobs, pay $147,000 a year, and they want to an enormous disservice by deciding didn’t do a thing. It was the attorney improve employee attitudes and job their job wasn’t to regulate, it was to general of New York State. satisfaction, reduce burnout, conflict, observe. If a regulatory agency is not going to regulate in cases where you How about the scandal with the mu- and stress by hiring a psychologist. tual funds? Was that the SEC, the or- I don’t doubt there is plenty of need have the stealing of billions of dollars, ganization that is so stressed out they for psychologists in Washington, DC. then we don’t need that agency at all. want to hire a psychologist for employ- This came on the heels of a report in We ought to dissolve it and create one ees? Unfortunately not. They were the newspaper about the Bureau of In- that will work. busy observing. The first Chairman dian Affairs sending a number of em- Here is another regulatory agency, under this administration said it would ployees to Tony Robbins’ motivational the Federal Communications Commis- be a kinder and gentler SEC, we are course in Chicago, IL, at a cost of tens sion. They are not regulating, either. probusiness. That is the message he of thousands of dollars. At a time when They are content to just observe. They just came up with new rules on broad- wanted to send. we don’t have enough money to fund Well, that is certainly true. They cast ownership. They said, oh, by the health care needs for Indian children, have done nothing. It was Elliot way, it will be all right with us if, in to fund Indian tribal colleges, to deal Spitzer, the attorney general of New one major city in this country, the with the social service needs of most of York, who unearthed both of those these children on Indian reservations, same company owns eight radio sta- scandals. So much for the SEC, and so we are sending people off to the Tony tions, three television stations, the much for job stress for people who Robbins motivational course in Chi- cable company, and the major news- don’t do anything. cago, spending a small fortune. paper. That will be fine. That is what The FDA is supposed to regulate as As I was thinking about these things, the FCC said. well. They seem content to represent which seemed to me to be a waste of You talk about abridging the rights the pharmaceutical industry. They the taxpayers’ money, I was thinking of people in this country. This is a de- have spent their time in recent months about the issue of regulation. cision that means a handful of people— trying to prevent the Congress from Last evening, I saw the CBS report fewer and fewer people—will decide providing for the reimportation of about what had happened in California what the American people see, hear, FDA-approved drugs from Canada. with electricity prices. I held hearings and read in the future. Hundreds and Why? Beats me. When the question is and I chaired the subcommittee in hundreds of thousands of people wrote asked, whose side are you on, they Commerce holding hearings on the to the FCC complaining about the pro- come down on the side of the pharma- issue of the fleecing of west coast con- posed rule. It didn’t matter a bit. They ceutical industry, not the consumer. sumers who were paying prices for elec- went ahead and adopted it anyway. We are trying to put downward pres- tricity that were outrageous a couple This is not a regulatory agency. At sure on prescription drug prices. They of years ago. We subpoenaed Kenneth least they are not representing the in- are in the wrong corner. I don’t need to Lay, former head of Enron. He came in terests of the American people. It is mention much about the FTC. When and took the fifth amendment in front what the big interests want; let us gas prices are $2.10 or $2.20 a gallon, of our committee. We had Jeffrey move in that direction. It is what the you would hope to have an agency like Skilling. He actually testified. He is big and powerful interests want—that the FTC that would be aggressive and now under indictment. I was thinking is what we will do. That is true with active, and that you would see a cloud about this issue of regulation, when I FERC, with the FCC, the Surface of dust from an investigating agency read last evening the transcript of Transportation Board, STB, and the trying to find out what is happening. Enron employees talking about going SEC. We know some of what is happening. ahead and shutting down the electric The Surface Transportation Board There is a lot of trading and specula- plant. took the place of the Interstate Com- tion going on, and a great deal of con- That way, you have less supply of merce Commission, the ICC, which I al- cern that consumers are being taken electricity out there. You inflate the ways thought was dead from the neck advantage of. Do we see much activity price and we can maximize profits, ma- up. We replaced it with something out of the Federal Trade Commission? nipulate the supply in order to maxi- called the STB. It doesn’t matter. They Not much going on there, either. It is a mize profits. They say: Well, all the are supposed to look after the railroads great place to nap, apparently. money you guys stole from those poor and make sure consumers are not There is a good reason, it seems to grandmothers. The other guy says: Yes, cheated. me, for us to start asking: Is there not Grandma Millie, that’s Grandma In North Dakota, we are overpaying a requirement for a regulatory author- Millie. rail rates by $100 million. Does the STB ity that regulates? I know this notion

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.116 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6433 of deregulation is wonderful. But if you The little guy picks the cotton and the big aside, we are not able to do that this deregulate in the face of monopolies, guy gets the money. afternoon. the American people, in my judgment, With respect to Government, there Mr. DORGAN. Let me also say—I are going to be injured severely. Ask ought to be a mechanism that provides know the managers of the bill are not people in California, Oregon, and Wash- protection for the smaller interests here—as an observation, it would make ington, who paid sky-high rates for when confronted by the larger interests a lot of sense to move amendments. electricity, about the need for effective that want to take advantage of it. There is always the case of people com- regulation. Why did they pay those What happened on the west coast ing to the floor of the Senate saying: rates? Because a company such as should never have happened with re- Boy, we don’t want any delays; this is Enron, and others, I might add, got in- spect to electric grids because the Fed- taking too long. And yet on a fair num- volved and found ways to cheat. They eral Energy Regulatory Commission ber of occasions, when I have come to created schemes, such as ‘‘get shorty,’’ should have stepped in immediately, the floor, there is someone—in this ‘‘fat boy,’’ ‘‘death star,’’ and others, by but they would not; they did not. The case it is not the Senator from Nevada which they could cheat the ratepayers, President, in fact, when he took office himself. Well, I guess it is the Senator the consumers. I think there is a time bragged: There will be no price caps; we from Nevada at this point saying some- when you need effective regulation. won’t put any caps on prices because one objects. Going back to one more point, I men- we want the market to work. I would prefer we offer amendments, tioned all of these agencies—the SEC, The market was not working. There get them to the desk, and consider FDA, Federal Communications Com- was massive stealing and cheating them with votes in due course. If there mission, Surface Transportation Board, going on of west coast consumers by is a decision or an objection at this and others. They are all there for a some folks who got rich in the Enron point to setting aside the current purpose. If they are not serving that Corporation, and others. That is not amendment, which is the course that purpose, maybe we don’t need them at speculation on my part. We now know must be taken, then I will come back, all. It is a purpose, however, that I em- this as a function of criminal filings I guess, on—on Monday or Tuesday, brace. that have been made in these cases. We I believe the American people deserve will we be open for amendments? now know it as a result of tape record- Mr. REID. Monday. someone who fights for them. When the ings that were made available only railroad overcharges somebody, in my Mr. DORGAN. Then I will come back under duress by the U.S. Justice De- on Monday and offer the amendment I judgment, they ought to be able to file partment in the last couple of days. a complaint and find due process in a described and hope it may be seen by ‘‘Enron Traders Caught on Tape,’’ the Senate as something that rep- regulatory body that is not on the rail- ‘‘Enron Tapes Anger Lawmakers.’’ road’s side, or that automatically de- resents an enhancement to this under- The American people deserve better. lying Defense authorization bill. cides for the railroads, but in a way The American people deserve much Mr. President, I yield the floor. that fairly and effectively deals with better than they are getting with these those complaints. regulatory agencies that decide they do Mr. REID. Mr. President, it is my un- When the FCC is looking at what the not want to regulate. derstanding the distinguished Senator impact is of the concentration of I wanted to visit about these regu- from North Carolina wishes to speak broadcast properties, I hope they will latory agencies. Some will not like for 20 minutes; is that right? not come up with the conclusion that what I have to say. Frankly, I do not Mrs. DOLE. Yes. it is not a problem for the consumers if like their inattention to the issues fac- Mr. REID. Is that in morning busi- one company owns eight radio stations, ing the American people in a manner ness or on this amendment? three television stations, the news- that is not fair to many people. Mrs. DOLE. Morning business. paper, and the cable company in the I come back to where I started, the Mr. REID. I ask unanimous consent same town. I do not know what school you go to amendment I discussed earlier about that the Senator from North Carolina learn that sort of nonsense, but that is prohibiting the use of special oper- be recognized for 20 minutes. not the right thing for this country. ations aircraft to broadcast TV Marti The PRESIDING OFFICER (Mr. Incidentally, on that subject, the signals into Cuba. My amendment is a CORNYN). Without objection, it is so Senate agrees with the position I have prohibition on the use of money for ordered. articulated. We voted on this issue and that purpose. Mr. REID. Following the Senator by a wide margin the Senate voted to Radio Marti is effective. I have been from North Carolina recognized in overturn the Federal Communications to Cuba. They hear those signals. It is morning business, that Senator LAU- Commission’s rules on broadcast own- effective. We have spent nearly $180 TENBERG be recognized for 20 minutes ership, but it is not going anyplace be- million on TV Marti. It has been a to speak as in morning business. It is cause the leaders in the House of Rep- tragic waste of the taxpayers’ money. my understanding we have cleared resentatives are blocking that resolu- Those signals are not able to be seen in amendments now. tion. Cuba. They are blocked. To appropriate The PRESIDING OFFICER. Without My hope is as we proceed through military aircraft for the use of sending objection, it is so ordered. this year and work on appropriations signals that will likely still be blocked The Senator from North Carolina. and not seen by the Cuban people issues we might be able to address AMENDMENT NOS. 3274, 3275, 3236, 3276, 3233, 3277, seems folly to me. some of these issues with regulatory AND 3278, EN BLOC agencies. If we are going to have regu- I ask unanimous consent that we lay the current amendment aside so I may Mrs. DOLE. Mr. President, I have a latory agencies—and I think we should set of amendments to the Defense bill in a good many areas; I do not think formally offer the amendment I have that have been cleared by both man- they need psychologists, they need described. agers. Therefore, I ask unanimous con- leadership—they need an administra- Mr. REID. Objection. sent that the amendments be consid- tion that says: Your job at the FCC, The PRESIDING OFFICER. Objec- ered and agreed to, and the motions to FDA, FERC, and others is to effec- tion is heard. reconsider be laid upon the table. tively represent the interests of the Mr. DORGAN. Let me ask the Sen- American people, and when you have ator from Nevada the status of the leg- The PRESIDING OFFICER. Is there big interests confronting small inter- islation in the Senate. It is my inten- objection? ests, you need to be the fair referee tion to offer the amendment. Of course, Mr. REID. These have been cleared here, the one that evens the score a bit. I will have the opportunity. Is it the by Senator LEVIN. There is no objec- I mentioned many times the refrain intention of the floor managers not to tion. in Bob Wills and the Texas Playboys allow amendments the rest of the day? The PRESIDING OFFICER. Without song from the 1930s, but it applies pret- Mr. REID. Yes, there may come a objection, it is so ordered. ty well: time when there are six or seven The amendments (Nos. 3274, 3275, Little bee sucks the blossom and the big amendments the managers cleared. As 3236, 3276, 3233, 3277, and 3278) were bee gets the honey. far as setting the Kennedy amendment agreed to, en bloc, as follows:

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.119 S03PT1 S6434 CONGRESSIONAL RECORD — SENATE June 3, 2004

AMENDMENT NO. 3274 count, and shall be available for the same tablished by the air carrier or surface carrier (Purpose: To provide for the conveyance of purposes, and subject to the same limita- that is the source of the miles, credits, or land at the Sunflower Army Ammunition tions, as the funds with which merged. tickets and shall be used only for the fol- Plant, Kansas) (f) DESCRIPTION OF PROPERTY.—The exact lowing purposes: acreage and legal description of the real At the end of subtitle C of title XXVIII, in- ‘‘(A) To facilitate the travel of a member property to be conveyed under subsection (a) sert the following: of the armed forces who— shall be determined by a survey jointly satis- ‘‘(i) is deployed on active duty outside the SEC. 2830. LAND CONVEYANCE, SUNFLOWER factory to the Secretary and the Adminis- United States away from the permanent ARMY AMMUNITION PLANT, KANSAS. trator. duty station of the member in support of a (a) CONVEYANCE AUTHORIZED.—The Sec- (g) ADDITIONAL TERMS AND CONDITIONS.— contingency operation; and retary of the Army, in consultation with the The Secretary and the Administrator may ‘‘(ii) is granted, during such deployment, Administrator of General Services, may con- require such additional terms and conditions rest and recuperative leave, emergency vey to an entity selected by the Board of in connection with the conveyance of real leave, convalescent leave, or another form of Commissioners of Johnson County, Kansas property under subsection (a), and the envi- leave authorized for the member. (in this section referred to as the ‘‘entity’’ ronmental remediation and explosives clean- ‘‘(B) In the case of a member of the armed and the ‘‘Board’’, respectively), all right, up under subsection (d), as the Secretary and forces recuperating from an injury or illness title, and interest of the United States in the Administrator jointly consider appro- incurred or aggravated in the line of duty and to a parcel of real property, including priate to protect the interests of the United during such deployment, to facilitate the any improvements thereon, consisting of ap- States. travel of family members of the member to proximately 9,065 acres and containing the be reunited with the member. Sunflower Army Ammunition Plant. The AMENDMENT NO. 3275 purpose of the conveyance is to facilitate the (Purpose: To clarify the protection of mili- ‘‘(3) For the use of miles, credits, or tickets re-use of the property for economic develop- tary personnel from retaliatory action for under paragraph (2)(B) by family members of ment and revitalization. communications made through the chain a member of the armed forces, the Secretary may, as the Secretary determines appro- (b) CONSIDERATION.—(1) As consideration of command) for the conveyance under subsection (a), the On page 280, after line 22, insert the fol- priate, limit— entity shall provide the United States, lowing: ‘‘(A) eligibility to family members who, by whether by cash payment, in-kind contribu- reason of affinity, degree of consanguinity, SEC. 1068. PROTECTION OF ARMED FORCES PER- or otherwise, are sufficiently close in relation, or a combination thereof, an amount SONNEL FROM RETALIATORY AC- that is not less than the fair market value, TIONS FOR COMMUNICATIONS MADE tionship to the member of the armed forces as determined by an appraisal of the prop- THROUGH THE CHAIN OF COMMAND. to justify the travel assistance; erty acceptable to the Administrator and the (a) PROTECTED COMMUNICATIONS.—Section ‘‘(B) the number of family members who Secretary. The Secretary may authorize the 1034(b)(1)(B) of title 10, United States Code, is may travel; and entity to carry out, as in-kind consideration, amended— ‘‘(C) the number of trips that family mem- environmental remediation activities for the (1) by striking ‘‘or’’ at the end of clause bers may take. property conveyed under such subsection. (iii)’’; and ‘‘(4) Notwithstanding paragraph (2), the (2) The Secretary shall deposit any cash re- (2) by striking clause (iv) and inserting the Secretary of Defense may, in an exceptional ceived as consideration under this subsection following: case, authorize a person not described in sub- in a special account established pursuant to ‘‘(iv) any person or organization in the paragraph (B) of that paragraph to use fre- section 572(b) of title 40, United States Code, chain of command; or quent traveler miles, credits, or a ticket ac- to pay for environmental remediation and ‘‘(v) any other person or organization des- cepted under this subsection to visit a mem- explosives cleanup of the property conveyed ignated pursuant to regulations or other es- ber of the armed forces described in such under subsection (a). tablished administrative procedures for such subparagraph if that person has a notably (c) CONSTRUCTION WITH PREVIOUS LAND communications.’’. close relationship with the member. The fre- CONVEYANCE AUTHORITY ON SUNFLOWER ARMY (b) EFFECTIVE DATE AND APPLICABILITY.— quent traveler miles, credits, or ticket may AMMUNITION PLANT.—The authority in sub- This section and the amendments made by be used by such person only in accordance section (a) to make the conveyance described this section shall take effect on the date of with such conditions and restrictions as the in that subsection is in addition to the au- the enactment of this Act and shall apply Secretary determines appropriate and the thority under section 2823 of the Military with respect to any unfavorable personnel rules established by the air carrier or surface Construction Authorization Act for Fiscal action taken or threatened, and any with- carrier that is the source of the miles, cred- Year 2003 (division B of Public Law 107–314; holding of or threat to withhold a favorable its, or ticket. 116 Stat. 2712) to make the conveyance de- personnel action, on or after that date. ‘‘(5) The Secretary of Defense shall encour- scribed in that section. AMENDMENT NO. 3236 age air carriers and surface carriers to par- (d) ENVIRONMENTAL REMEDIATION AND EX- (Purpose: To authorize and improve ticipate in, and to facilitate through mini- PLOSIVES CLEANUP.—(1) Notwithstanding any Operation Hero Miles) mization of restrictions and otherwise, the other provision of law, the Secretary may donation, acceptance, and use of frequent On page 131, between lines 17 and 18, insert enter into a multi-year cooperative agree- traveler miles, credits, and tickets under the following: ment or contract with the entity to under- this section. take environmental remediation and explo- SEC. 653. ACCEPTANCE OF FREQUENT TRAVELER ‘‘(6) The Secretary of Defense may enter MILES, CREDITS, AND TICKETS TO into an agreement with a nonprofit organiza- sives cleanup of the property, and may uti- FACILITATE THE AIR OR SURFACE lize amounts authorized to be appropriated TRAVEL OF CERTAIN MEMBERS OF tion to use the services of the organization— for the Secretary for purposes of environ- THE ARMED FORCES AND THEIR ‘‘(A) to promote the donation of frequent mental remediation and explosives cleanup FAMILIES. traveler miles, credits, and tickets under under the agreement. Section 2608 of title 10, United States Code, paragraph (1), except that amounts appro- (2) The terms of the cooperative agreement is amended— priated to the Department of Defense may or contract may provide for advance pay- (1) by redesignating subsections (g) not be expended for this purpose; and ments on an annual basis or for payments on through (k) as subsections (h) through (l), re- ‘‘(B) to assist in administering the collec- a performance basis. Payments may be made spectively; and tion, distribution, and use of donated fre- over a period of time agreed to by the Sec- (2) by inserting after subsection (f) the fol- quent traveler miles, credits, and tickets. retary and the entity or for such time as lowing new subsection: ‘‘(7) Members of the armed forces, family may be necessary to perform the environ- ‘‘(g) OPERATION HERO MILES.—(1) The Sec- members, and other persons who receive air mental remediation and explosives cleanup retary of Defense may use the authority of or surface transportation using frequent of the property, including any long-term op- subsection (a) to accept the donation of fre- traveler miles, credits, or tickets donated eration and maintenance requirements. quent traveler miles, credits, and tickets for under this subsection are deemed to recog- (e) PAYMENT OF COSTS OF CONVEYANCE.—(1) air or surface transportation issued by any nize no income from such use. Donors of fre- The Secretary may require the entity or air carrier or surface carrier that serves the quent traveler miles, credits, or tickets other persons to cover costs to be incurred public and that consents to such donation, under this subsection are deemed to obtain by the Secretary, or to reimburse the Sec- and under such terms and conditions as the no tax benefit from such donation. retary for costs incurred by the Secretary, to air or surface carrier may specify. The Sec- ‘‘(8) In this subsection, the term ‘family carry out the conveyance under subsection retary shall designate a single office in the member’ has the meaning given that term in (a), including survey costs, costs related to Department of Defense to carry out this subsection 411h(b)(1) of title 37.’’. environmental, and other administrative section, including the establishment of such AMENDMENT NO. 3276 costs related to the conveyance. rules and procedures as may be necessary to (2) Amounts received under paragraph (1) facilitate the acceptance of such frequent (Purpose: To require a report on the training shall be credited to the appropriation, fund, traveler miles, credits, and tickets. provided to members of the Armed Forces or account from which the costs were paid. ‘‘(2) Frequent traveler miles, credits, and to prepare for post-conflict operations) Amounts so credited shall be merged with tickets accepted under this subsection shall At the end of subtitle C of title X, add the funds in such appropriation, fund, or ac- be used only in accordance with the rules es- following:

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.035 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6435 SEC. 1022. REPORT ON TRAINING PROVIDED TO (2) that the Secretary of Defense should (2) A transfer may not be made under this MEMBERS OF THE ARMED FORCES continue to provide in the future-years de- section before the date that is 30 days after TO PREPARE FOR POST-CONFLICT fense program for funding the Advanced the date on which the Secretary of the Navy OPERATIONS. Shipbuilding Enterprise at a sustaining level transmits to the congressional defense com- (a) STUDY ON TRAINING.—The Secretary of in order to support additional research to mittees a written notification of the in- Defense shall conduct a study to determine the extent to which members of the Armed further reduce the cost of designing, build- tended transfer. The notification shall in- Forces assigned to duty in support of contin- ing, and repairing ships. clude the following matters: gency operations receive training in prepara- AMENDMENT NO. 3277 (A) The purpose of the transfer. (B) The amounts to be transferred. tion for post-conflict operations and to (Purpose: To require a study regarding pro- (C) Each account from which the funds are evaluate the quality of such training. motion eligibility of retired warrant offi- to be transferred. (b) MATTERS TO BE INCLUDED IN STUDY.—As cers on active duty) part of the study under subsection (a), the (D) Each program, project, or activity from On page 79, between lines 10 and 11, insert Secretary shall specifically evaluate the fol- which the amounts are to be transferred. the following: lowing: (E) Each account to which the amounts are (1) The doctrine, training, and leader-de- SEC. 515. STUDY REGARDING PROMOTION ELIGI- to be transferred. velopment system necessary to enable mem- BILITY OF RETIRED WARRANT OFFI- (F) A discussion of the implications of the CERS RECALLED TO ACTIVE DUTY. bers of the Armed Forces to successfully op- transfer for the total cost of the submarine erate in post-conflict operations. (a) REQUIREMENT FOR STUDY.—The Sec- engineered refueling overhaul and conver- (2) The adequacy of the curricula at mili- retary of Defense shall carry out a study to sion program for which the transfer is to be tary educational facilities to ensure that the determine whether it would be equitable for made. retired warrant officers on active duty, but Armed Forces has a cadre of members skilled ERGER OF FUNDS.—A transfer made not on the active-duty list by reason of sec- (e) M in post-conflict duties, including a famili- from one account to another with respect to tion 582(2) of title 10, United States Code, to arity with applicable foreign languages and the engineered refueling overhaul and con- be eligible for consideration for promotion foreign cultures. version of a submarine under the authority under section 573 of such title. (3) The training time and resources avail- of this section shall be deemed to increase (b) REPORT.—Not later than 180 days after able to members and units of the Armed the amount authorized for the account to Forces to develop cultural awareness about the date of the enactment of this Act, the Secretary of Defense shall submit to Con- which the amount is transferred by an ethnic backgrounds and religious beliefs of amount equal to the amount transferred and the people living in areas in which post-congress a report on the results of the study under subsection (a). The report shall in- shall be available for the engineered refuel- flict operations are likely to occur. ing overhaul and conversion of such sub- (4) The adequacy of training trans- clude a discussion of the Secretary’s determination regarding the issue covered by the marine for the same period as the account to formation to emphasize post-conflict oper- which transferred. ations, including interagency coordination study, the rationale for the Secretary’s de- in support of combatant commanders. termination, and any recommended legisla- (f) RELATIONSHIP TO OTHER TRANSFER AU- (c) REPORT ON STUDY.—Not later than May tion that the Secretary considers appro- THORITY.—The authority to make transfers 1, 2005, the Secretary shall submit to the priate regarding that issue. under this section is in addition to any other transfer authority provided in this or any Committee on Armed Services of the Senate AMENDMENT NO. 3278 and the Committee on Armed Services of the other Act and is not subject to any restric- (Purpose: To convert appropriations transfer tion, limitation, or procedure that is appli- House of Representatives a report on the re- authority in section 123 to authority for sult of the study conducted under this sec- cable to the exercise of any such other au- transfers of authorizations of appropriation. thority. tions) AMENDMENT NO. 3233 (g) FINAL REPORT.—Not later than October Strike section 123 and insert the following: (Purpose: To express the sense of the Senate 1, 2011, the Secretary of the Navy shall sub- regarding the funding of the Advanced SEC. 123. PILOT PROGRAM FOR FLEXIBLE FUND- mit to the congressional defense committees ING OF SUBMARINE ENGINEERED Shipbuilding Enterprise under the Na- a report containing the Secretary’s evalua- REFUELING OVERHAUL AND CON- tion of the efficacy of the authority provided tional Shipbuilding Research Program of VERSION. under this section. the Navy) (a) ESTABLISHMENT.—The Secretary of the On page 35, between lines 6 and 7, insert Navy may carry out a pilot program of flexi- (h) TERMINATION OF PROGRAM.—No transfer the following: ble funding of engineered refueling overhauls may be made under this section after Sep- SEC. 232. SENSE OF THE SENATE REGARDING and conversions of submarines in accordance tember 30, 2012. FUNDING OF THE ADVANCED SHIP- with this section. BUILDING ENTERPRISE UNDER THE Ms. SNOWE. Mr. President, today, I (b) AUTHORITY.—Under the pilot program, NATIONAL SHIPBUILDING RE- rise to speak to an amendment to Sec- SEARCH PROGRAM OF THE NAVY. the Secretary of the Navy may, subject to subsection (d), transfer amounts described in tion 841 of the National Defense Au- (a) FINDINGS.—Congress makes the fol- thorization Act for fiscal year 2005 re- lowing findings: subsection (c) to the authorization of appro- (1) The budget for fiscal year 2005, as sub- priations for the Navy for procurement for vising the authority for the Commis- mitted to Congress by the President, pro- shipbuilding and conversion for any fiscal sion on the Future of the National vides $10,300,000 for the Advanced Ship- year to continue to provide authorization of Technology and Industrial Base. building Enterprise under the National Ship- appropriations for any engineered refueling This amendment is intended to en- conversion or overhaul of a submarine of the building Research Program of the Navy. sure that small business interests are (2) The Advanced Shipbuilding Enterprise Navy for which funds were initially provided is an innovative program to encourage great- on the basis of the authorization of appro- represented in the membership of the er efficiency in the national technology and priations to which transferred. commission and are considered in its industrial base. (c) AMOUNTS AVAILABLE FOR TRANSFER.— studies. (3) The leaders of the United States ship- The amounts available for transfer under I applaud Chairman WARNER and the building industry have embraced the Ad- this section are amounts authorized to be ap- Armed Services Committee for cre- propriated to the Navy for any fiscal year vanced Shipbuilding Enterprise as a method ating this Commission in Section 841 of for exploring and collaborating on innova- after fiscal year 2004 and before fiscal year tion in shipbuilding and ship repair that col- 2013 for the following purposes: this Act. This esteemed commission lectively benefits all components of the in- (1) For procurement as follows: will be composed from persons with dustry. (A) For shipbuilding and conversion. backgrounds in defense industry, for- (b) SENSE OF THE SENATE.—It is the sense (B) For weapons procurement. eign policy, trade, labor, economics, of the Senate— (C) For other procurement. and other relevant fields. Further, this (1) that the Senate— (2) For operation and maintenance. commission is charged with studying (A) strongly supports the innovative Ad- (d) LIMITATIONS.—(1) A transfer may be and reporting on various important vanced Shipbuilding Enterprise under the made with respect to a submarine under this National Shipbuilding Research Program as section only to meet either (or both) of the issues affecting the future of the na- an enterprise between the Navy and industry following requirements: tional technology and industrial base. that has yielded new processes and tech- (A) An increase in the size of the workload However, as chair of the Small Busi- niques that reduce the cost of building and for engineered refueling overhaul and con- ness Committee, I was surprised to find repairing ships in the United States; and version to meet existing requirements for that Section 841 contains no require- (B) is concerned that the future-years de- the submarine. ment to appoint small business persons fense program of the Department of Defense (B) A new engineered refueling overhaul that was submitted to Congress for fiscal and conversion requirement resulting from a to the commission. I was also dis- year 2005 does not reflect any funding for the revision of the original baseline engineered appointed to see that the commission Advanced Shipbuilding Enterprise after fis- refueling overhaul and conversion program is not currently required to study cal year 2005; and for the submarine. small business issues.

VerDate May 21 2004 03:50 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.035 S03PT1 S6436 CONGRESSIONAL RECORD — SENATE June 3, 2004 There is no reasonable basis for re- Families in my home State of North tion is not being able to find suitable taining these omissions in the act. Per- Carolina are especially struggling. Ac- employment, and that frustration is suasive studies from the Office of Ad- cording to the most recent studies growing rapidly. vocacy of the Small Business Adminis- from the U.S. Department of Agri- Our food banks are having a hard tration have shown that small busi- culture, we are one of the few States time finding food to feed these fami- nesses are crucial to job creation, eco- that has an increasing rate of food in- lies. As America struggles in today’s nomic development, and technological security. From 1996 to 2002, food inse- economic hardships, financial dona- innovation. Further, the Small Busi- curity among North Carolina house- tions have dropped off or corporations ness Act sets forth the goal of directing holds rose from 9.6 percent to 12.3 per- have scaled back on food donations. As 23 percent of defense procurement dol- cent. That means tens of thousands of recent numbers have shown, many lars to small business prime contracts. families have difficulty affording food times there are just too many people Clearly, the commission’s studies will at some point each year. and not enough food. be incomplete without taking into ac- A great deal of this can be attributed In the year 2003, at least 23 million count small business contributions to to the significant economic hardship Americans stood in food lines. In any our Nation’s defense. we have faced over the last few years. My amendment provides for appoint- given week, it is estimated that 7 mil- Once-thriving towns have been deci- lion people are served at emergency ment to the commission of persons mated by the closing of furniture and with background in small business con- feeding sites around the country. The textile mills. In the summer of 2003, numbers in specific parts of our coun- tracting. It also gives this commission less than 1 year ago, North Carolina ex- the mandate to study the ways to try are just as disheartening. perienced the largest layoff in State In western North Carolina, the strengthen the role of the small busi- history when textile giant Pillowtex ness sector as a vital component of our Manna Food Bank says over 68,000 peo- closed its doors forever. That day ple seek food assistance throughout the national technology and industrial alone, 4,400 people lost their jobs, and base. year, with over 20,000 seeking assist- eventually nearly 5,000 were laid off. ance each week. This means many of NATIONAL HUNGER AWARENESS DAY In eastern North Carolina, plant clo- Mrs. DOLE. Mr. President, 1 year the same people are coming back again sures have resulted in more than 2,200 and again. ago, I shared my thoughts on the Sen- layoffs since last summer, and in the ate floor on a matter that weighs heav- Since I came to Congress, I have vis- last few months, the western region of ited homeless and hunger shelters, food ily on my mind. I reserved my maiden North Carolina has lost more than 1,500 speech for a topic I chose to make one distribution sites and soup kitchens. I jobs. went through the process of applying of my top priorities as a Senator. Hun- Now there are signs that the situa- for Government assistance through the ger is the silent enemy lurking within tion is improving, but even as our em- WIC Program, helping women, infants too many American homes and a trag- ployment numbers rise, there are fami- and children. As I learned more about edy I have seen firsthand far too many lies struggling to put a balanced meal the efforts to combat hunger, I gained times throughout my life in public on their table. Sadly, their story is not a great respect for groups such as the service. unlike so many others across the coun- Society of St. Andrew. Today, on National Hunger Aware- try. There are many Americans who, ness Day, I call once again for a hun- after being laid off, were fortunate For the last 25 years, this organiza- ger-free America. The battle to end enough to find new employment. But in tion has been doing yeoman’s work in hunger in our country is a campaign the changing climate of today’s work- the area of gleaning. That is when ex- that cannot be won in months or even force, simply being able to hold down a cess crops that would otherwise be a few years, but it is a victory within job will not necessarily guarantee your thrown out or taken from farms, pack- reach. What we need is to help our fel- family three square meals a day. ing houses, and warehouses are distrib- low Americans understand the terrible A recent report from the U.S. Con- uted to the needy. Gleaning also helps reality of hunger and how to put a stop ference of Mayors found that many of the farmer because he does not have to to it. the jobs lost between the years 2001 and haul off or plow under crops that do As Washington Post columnist David not meet exact specifications of gro- Broder said: 2003 will be replaced by jobs paying at least 20-percent less. The face of the cery chains, and certainly it helps the America has some problems that defy solu- hungry by giving them not just any tion. This one does not. It just needs caring hungry has changed over the last 10 years. While many associate those who food but food that is both nutritious people and a caring government working to- and fresh. gether. struggle with hunger as being unem- Last year, the Society of St. Andrew We are fortunate, indeed, to have a ployed Americans, the sad truth is that told me $100,000 would provide at least President who strives to lead our Gov- the number of the working poor has es- 10 million servings of food for hungry ernment and our Nation in a compas- calated in the last decade. North Carolinians. Just before last sionate direction. President Bush has There are 43 million people in low-in- year’s National Hunger Awareness Day, said poverty runs deep in this country, come families. That means millions of and we need to take the war on poverty those lining up at soup kitchens, low- I set out to raise that amount for the a step further by recognizing the power priced pantries, and other charitable society. Thanks to the compassionate and promise of faith-based and commu- organizations are men and women hearts of several individuals, compa- nity-based groups that exist not be- working anywhere from one to three nies, and organizations, we surpassed cause of Government, but because they jobs, raising children, and under daily the original goal and raised $187,000 in have heard the universal call to love pressure to make ends meet. They have 2 weeks. That money was enough for at somebody in need. been called the new poor in the edi- least 18 million servings of food. I am curious if the majority of the torial sections of our newspapers. The Society of St. Andrew is the only American public knows how many of I think of families such as Danny and comprehensive program in North Caro- their fellow citizens go hungry each Shirley Palmer of rural Ohio, a State lina that gleans available produce and and every day. The number is astound- such as North Carolina that has been then sorts, packages, processes, trans- ing. The Census Bureau reports that in devastated by thousands of job losses. ports, and delivers excess food to feed the year 2002, 34.6 million Americans Danny worked for a quarter of a cen- the hungry. In the first few months of were living in poverty. Within that fig- tury at a local power company until he this year, the society hosted over 168 ure, over 7 million families, families was let go in November 2002. After over events, gleaning 4.2 million pounds of with children, young little ones fall a year of job searches, he obtained a food. Between January and March, asleep with an empty stomach. It is union card as a pipefitter. He pays they gleaned 12.8 million servings. hard to believe that here in America, union dues but has yet to be tapped for Incredibly, it only cost one penny a where we are desperately trying to get a job. He works now as a Wal-Mart em- serving to glean and deliver this food a handle on obesity, there are literally ployee, but with bills, including a $343- to those in need. All of this work is millions of children who do not have a-month mortgage, their savings ac- done by the hands of the 9,200 volun- enough to eat. count is almost empty. Their frustra- teers and a minimal staff.

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.051 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6437 Like any humanitarian effort, the lowing us to clarify this bureaucratic On this third annual Hunger Aware- gleaning system works because of coop- situation. Doing so would enable us to ness Day, I urge Americans to join me erative efforts. Clearly, private organi- immediately certify children from WIC in the campaign to end hunger. As I zations and individuals are doing a families for the national school lunch have said before, hunger does not dif- great job, but they are doing so with and breakfast programs. ferentiate between Democrats and Re- limited resources. It is up to us to Difficulty paying the reduced price publicans, and just as it stretches make some changes on the public side fee is an issue that is real across Amer- across so many ethnicities, so many and help leverage scarce dollars to feed ica. More than 500 State and local areas, so must we. the hungry. school boards have passed resolutions Bill Shore, director of Share Our Transportation is the single biggest urging the Congress to eliminate the Strength, an antihunger organization, concern for gleaners. As the numbers reduced price category, thereby ex- said it best. tell us, the food is there. The issue is panding free lunches and breakfasts to There are two kinds of poverty in America. simply how to transport such a large all of those children whose families’ in- There are those who don’t have and there are volume. I am proud to say that with comes are at or below 185 percent of those who don’t know. The majority of the help of organizations such as the poverty. Americans are fortunate not to be in the cat- American Trucking Association and In addition, the American School egory of those who don’t have. Too many America’s Second Harvest we are mak- Food Service Association, the Associa- have been willing to remain in the category tion of School Business Officials, the of those who don’t know. Men and women of ing progress at easing that transpor- conscience must do more than accept or re- tation concern. National Association of Elementary ject allegations about the conditions of the I have introduced a bill with cospon- School Principals, and the American society in which they live. They must find sor Senators CHRIS DODD, RICHARD Public Health Association have en- out for themselves. Those who do will learn LUGAR, and LAMAR ALEXANDER that dorsed this idea. Why? Because it is the that hunger is a serious but solvable prob- will change the Tax Code to give trans- right thing to do. lem. It is only as invisible as Americans portation companies tax incentives for I was pleased when the Senate agri- allow it to be. volunteering trucks to transfer gleaned culture panel went on record in the It is a privilege to work with col- food. Such tax incentives would be es- child nutrition reauthorization bill in leagues from both sides of the aisle to- pecially helpful to organizations such favor of eliminating the reduced price ward the goal of ending hunger. as Relief Fleet. This food distribution meal program. This initiative will I yield the floor and I suggest the ab- system is run through transportation begin through a pilot program in five sence of a quorum. companies who donate empty trailer States. I thank Chairman COCHRAN, The PRESIDING OFFICER. The space to move food donations to the Ranking Member HARKIN, and my col- clerk will call the roll. proper sites. leagues on the Senate Agriculture The assistant bill clerk proceeded to Last fiscal year, Relief Fleet moved Committee for their support and assist- call the roll. 16.7 million pounds of food free of ance. Since introducing this legisla- Mr. LAUTENBERG. Mr. President, I charge. More than 555 truckloads trav- tion, colleagues on both sides of the ask unanimous consent that the order eled to 130 food banks, generating a aisle have joined me and two bills have for the quorum call be dispensed with. savings of $382,000 in shipping costs. been introduced in the House of Rep- The PRESIDING OFFICER. Without Gleaning and transportation efforts resentatives. Of course, this is only the objection, it is so ordered. are just some of the possible initiatives first step. There is far more to be done. SENATOR FRITZ HOLLINGS—A CAREER OF to help end hunger. There is so much Our work to end hunger stretches SUPPORTING ISRAEL AND AMERICAN JEWS more that can be done. Take, for exam- outside of our own country, of course. Mr. LAUTENBERG. Mr. President, I ple, child nutrition programs. There is There are more than 300 million chron- want to talk for a little while about a no question that far too many of our ically hungry children in the world. matter that has come up regarding one children are going hungry each and More than half of these children go to of my distinguished colleagues who, every day. Of the 23 million Americans school on an empty stomach and al- like me, served in Europe during World being fed at soup kitchens, 9 million of most as many do not attend school at War II, who was a very brave and proud those are hungry children under the all but might if food were available. I soldier, and who was decorated for his age of 18. This is why the School Lunch believe the distribution of food in service there. That is Senator HOL- Program is so important. schools is one of the most effective LINGS. In fact, recent research at Tufts Uni- strategies to fight hunger and mal- Senator HOLLINGS has served for versity indicates that even mild under- nutrition among children. Studies have some years in this body as a junior nutrition experienced by young chil- shown this encourages better school at- Senator, even when he was well into 70 dren during critical periods of growth tendance which in turn improves lit- years of age. That was one of the more may affect brain development and lead eracy rates and helps fight poverty. unusual circumstances, although I to reductions in physical growth. This increased school attendance for think I, too, bring a junior status at a Under the current School Lunch Pro- students in poor countries may very fairly advanced age to my being here as gram, children from families with in- well protect some children who would a freshman. comes at or below 130 percent of pov- otherwise be susceptible to recruit- But in the delegation that is going to erty are eligible for free meals. ment by groups that would offer them go to Normandy tonight, I am one of Additionally, children from families food in return for attending extremist several who served in World War II. with incomes between 130 and 185 per- schools or participating in terrorist The other names are among the brav- cent of poverty are eligible for reduced training camps. est of all: Senator DANIEL INOUYE, who price meals, no more than 40 cents per I was proud to introduce a joint reso- lost his arm in Italy after being struck meal. This may seem like a nominal lution with Congressman JIM MCGOV- three times by enemy fire. And, as he amount, but for struggling families ERN of Massachusetts that recognizes described it to me, in one of those inci- with several children, the costs add up. the worldwide problem of hunger and dents he had not felt any part of the School administrators in my State tell acknowledges the vital significance of wound from the bullet which appar- me they hear from parents who just do food distribution to millions of starv- ently passed through his body—a rifle not know how they will be able to pay ing children. This resolution recognizes shot through his body, or a machine for their child’s school meals. These in- the benefits of increased school attend- gun shot through his body. He was come eligibility guidelines are not con- ance due to food availability for needy knocked down. He got up to continue sistent with the WIC Program and children, benefits ranging from im- to lead his platoon into a murderous other Federal assistance. proved literacy rates and job opportu- battle in Italy. For example, families whose incomes nities to protection from root causes of Although it took some 50 years for are at or below 185 percent of poverty terrorism. In short, children who at- Senator DANIEL INOUYE to get his are eligible for free benefits through tend school on a regular basis have a medal, it finally arrived. Those of us WIC. It makes sense to harmonize much brighter future. Let us build on who were privileged to be here were so these income eligibility guidelines, al- this foundation. proud of Senator INOUYE’s service as

VerDate May 21 2004 03:50 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.124 S03PT1 S6438 CONGRESSIONAL RECORD — SENATE June 3, 2004 the medal was bestowed on him for the American Jewish community we have. When I heard the junior Senator from service he so bravely gave to his coun- He doesn’t just ‘‘talk the talk.’’ As an Virginia attack Senator HOLLINGS, I try. appropriator, he has ‘‘walked the asked my staff to research his voting It was noted also that even though walk.’’ record with regard to Israel and other DANIEL INOUYE, now Senator INOUYE, Israel is safer and more secure as a matters of concern to the American was volunteering for service in the U.S. result of the votes Senator HOLLINGS Jewish community. Army which at first was denied, he has cast in the Appropriations Com- The memo my staff prepared is 10 continued to be as loyal as he could to mittee and on the floor of the Senate. pages long. I could not find a single his country, brave and courageous. We The senior Senator from South Caro- vote that could be construed as opposi- are proud of the opportunity to serve lina has a well-deserved reputation for tion to Israel or American Jews. with him and to know him as a friend. candor. And, frankly, we could use a I will cite a few examples. In 1978, he In addition to Senator INOUYE, Sen- little bit more of that around here. voted against S. Con. Res. 86, a meas- ator HOLLINGS, Senator WARNER—and The op-ed in question is his candid ure to disapprove the sale of jet fight- Senator STEVENS had an illustrious assessment of why President Bush took ers to Israel. He voted against the dis- military record flying in China, Burma, us to war with Iraq despite the fact approval of the sale. The resolution India—and Senator AKAKA and Senator Iraq did not have weapons of mass de- was defeated 44 to 54. WARNER—all of us join together in the struction or links to al-Qaida. In 1980, he voted to table an amend- bond we received as a result of serving I want to make it positively clear I ment to S. 2714, the foreign aid author- in World War II and being given then don’t necessarily agree with everything ization bill, that would have withheld the privilege to serve in this distin- the senior Senator from South Caro- $150 million in aid to Israel because of guished body. lina said in the op-ed, but I reserve the the settlements being erected in the right to disagree with the best of I want to talk about FRITZ HOLLINGS, West Bank. a good friend of mine for more than 20 friends on an issue. But to construe the In 1981, he opposed President Rea- years, now the senior Senator from op-ed piece or its author as rep- gan’s decision to sell AWACs and other South Carolina, a good friend to all of resenting anti-Semitism is patently military equipment to Saudi Arabia. In 1986, Senator HOLLINGS supported us, an outstanding public servant, unfair. Senator HOLLINGS was critical of Senator BYRD’s amendment to H.J. someone who has given more years to Paul Wolfowitz, Richard Perle, and the Res. 738, the continuing resolution for public service than some of the people journalist Charles Krauthammer for fiscal year 1987 to ensure that funds ap- who are serving here have. He was ac- being three of the architects of a dubi- propriated for aid to the Philippines cused of being anti-Semitic because of ous policy to forcibly democratize the did not come at the expense of aid to an op-ed piece he wrote that appeared Middle East, starting with Iraq. They Israel or Egypt. recently in the Charleston Post and believe that such policy will make Senator HOLLINGS also supported rec- Courier. Israel more secure. That is something ognizing Jerusalem as the undivided The charge has been made on the all of us want and need. capital of Israel. As the ranking mem- Senate floor by the junior Senator The problem with that policy is that ber and former chairman of the Appro- from Virginia who apparently heads up it is not quite working the way the ar- priations Subcommittee on Commerce, the National Republican Senatorial chitects envisioned. This may have Justice, State, and the Judiciary, he Committee and serves as the chief something to do with the fact that has insisted that the annual appropria- fundraiser for Republican incumbents none of them, to my knowledge, have tions bill under his jurisdiction contain and candidates for the Senate. any combat experience. People who do the following three provisions: One, It is very unusual. Frankly, I don’t have experience in combat, such as that people born in Jerusalem be al- remember in almost 20 years of service former President Bush, Secretary of lowed to list Israel as their country of that one Senator issues a press release State Colin Powell, are a little more origin; two, that all relevant official criticizing another for something the circumspect about what we can achieve U.S. Government documents list Jeru- person did in a public press release. and how we can achieve it. salem as the capital of Jerusalem; and That tells us where it was going. It was I, too, have been critical of this pol- three, that U.S. policies treat Jeru- going to politics. icy which the administration swal- salem as the capital of Israel. I also heard the junior Senator from lowed hook, line, and sinker. I called I note that these provisions have Virginia repeat the charge again ear- for Deputy Secretary of Defense been eliminated in conference at the lier this week while he was a guest on Wolfowitz and Under Secretary of De- insistence of House Republicans and the Don Imus radio show. The charge fense Douglas Feith to resign, along the administration. he leveled is outrageous. I encourage with Secretary of Defense Rumsfeld. Does that make them anti-Semites? the junior Senator from Virginia to Does that make me an anti-Semite? I Absolutely not. The Senator from cease and desist. would say not. South Carolina is eloquent and cer- I am a Jewish American and fully We are all kind of holding our breath tainly able to defend himself and his support the American-Israeli relation- right now as we wait to see the fallout record. ship, not because I am a Jewish Amer- from the resignation of Mr. Tenet, the But when I hear his reputation re- ican but because it is good for America. head of the CIA, so abruptly, so quick- peatedly besmirched, the reputation It is good for us to have an ally that is ly. We want to know what it is that and integrity of a man that I know to as strong as she is, an ally that is the caused that sudden change. He was a be one of the staunchest supporters of only democratic society in the entire loyal, faithful servant. Perhaps mis- Israel and the American Jewish com- Middle East with over 100 million of takes were made. We will find out more munity, a man who fought hard, al- those who would declare they are the about that very soon. most gave his life to defend his coun- enemy of Israel and the United States. The bottom line is that these high- try, I will not sit by and be quiet. Israel is a very valuable part of our ranking civilian officials to whom I To paraphrase our former colleague, support for freedom and liberty in this just referred in the Pentagon have mis- Lloyd Bentsen: I know FRITZ HOLLINGS. world. led America and they have let our FRITZ HOLLINGS is a friend of mine. I have known the senior Senator troops down. Senator HOLLINGS’ con- FRITZ HOLLINGS is no anti-Semite. from South Carolina for almost a quar- tention that Israel is less secure as a To state otherwise goes beyond the ter of a century. I am proud of his long- result of this misguided policy cer- pale of partisan rhetoric, even by the standing service to the people of this tainly cannot be dismissed. standards of a heated election cam- country. I treasure our friendship. Al- It is time for that cadre of people paign. though he will be leaving this Senate who run the Pentagon to go. It has Frankly, I think the senior Senator in January of next year, he will be nothing to do with anti-Semitism. It from South Carolina is owed an apol- missed. I certainly will be one of those has everything to do with the fact that ogy, not just by the junior Senator who will miss him. Iraq is becoming a quagmire and has from Virginia but from Senators who He is one of the strongest Senate sup- already claimed over 800 brave young believe it was an inappropriate be- porters of the State of Israel and the American men and women. smirching of character and reputation

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.127 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6439 dutifully earned by years and years of gotiate any reduction of the tariff on to Brazil where our land is cheaper and service to this country and certainly to imported orange juice. It is not only our labor is cheaper? That is exactly this body. Silence on the other side, in important to Florida, it is important what we do not want to happen. We my view, is implicit approval of what to the consumers of orange juice all want to keep a vital industry alive in was said. over this country. the United States. I hope we hear something different in Now, why is this so important? Let Florida has 12,000 growers, many of the not-too-distant future. me tell you. Because if the FTAA nego- whom operate small family-owned op- I yield the floor and suggest the ab- tiated out an elimination of the tariff, erations. Unlike almost all agricul- sence of a quorum. it would not be free and fair trade be- tural commodities, the citrus industry The PRESIDING OFFICER. The cause Brazil would become a monopoly. receives no U.S. production subsidies. clerk will call the roll. Here is what happens. Right now, basi- The tariff on Brazilian orange juice is The assistant bill clerk proceeded to cally, of the world’s production of fro- the only offset the industry receives. call the roll. zen concentrated orange juice, you Any reduction in that tariff would sim- The PRESIDING OFFICER. The Sen- have Brazil basically producing about ply devastate Florida’s citrus industry. ator from Florida. 60 percent and the remainder—around This citrus industry is Florida’s sec- Mr. NELSON of Florida. I ask unani- 40 percent—is produced by the Florida ond largest. It is responsible for gener- mous consent that the order for the citrus industry. ating over $9 billion for the economy quorum call be rescinded. Of the world’s production, the Flor- and providing nearly 90,000 jobs. It ac- The PRESIDING OFFICER (Mr. ida citrus industry basically produces counts for $1 billion in revenue for the CHAMBLISS). Without objection, it is so the supply for the domestic orange State and local governments, which, of ordered. juice market; that is, the U.S. market. course, funds our public hospitals and FTAA NEGOTIATIONS AND FLORIDA CITRUS Brazil supplies some of that domestic our schools and our fire and our police Mr. NELSON of Florida. Mr. Presi- United States market, and basically services. dent, I take this opportunity to bring the markets in the rest of the world. So back on Brazil, I am disappointed to the Senate’s attention to some re- There are other producers, but I am that Brazil reportedly does not view a cent news about the ongoing negotia- simplifying it. The two big producers proposal to exclude certain agricul- tions of the Free Trade Area of the are the United States—mainly Flor- tural products from ‘‘total tariff elimi- Americas, or the FTAA. These negotia- ida—and Brazil. nation’’ as a constructive step. I do not tions have been going on for some pe- Now, what happens? If you eliminate think we are going to see them take riod of time. I look at these with sig- the tariff protecting the Florida citrus that position. nificant interest, as they dramatically growers, and therefore the 40 percent Excluding the tariff on imported or- affect my State of Florida. that is produced in Florida, since ange juice from the negotiations would There are many mutual benefits that Brazil has cheaper land and cheaper actually represent an important step will accrue to the nations of the West- labor, Brazil then takes over 100 per- toward completing, not retarding, an ern Hemisphere from a Free Trade cent of the world’s market for frozen FTAA agreement that will benefit all Area of the Americas agreement. I am concentrated orange juice. That is not of the Western Hemisphere. And re- someone who has consistently sup- free trade. That would be a monopoly. gardless of the progress of the FTAA ported free and fair trade. That is why And what happens in a monopoly? In a negotiations, our industries should I am hopeful these negotiations are monopoly, then, the producers can de- focus on expanding global markets for going to yield an agreement that ulti- termine whatever price they want be- orange juice and not waste our efforts mately can be supported here. cause they are the sole suppliers. And on fighting over the tariff. Greater co- However, there is a critical issue what happens to the consumer? The operation is needed between Brazil and with respect to the negotiations of the consumer gets it in the neck, and the the United States. FTAA that is absolutely crucial to my price goes up. On a tangential matter, I want to en- State. It involves the Florida citrus in- Well, you will hear those people who courage the administration to select dustry. It involves tens of thousands of say: Oh, don’t worry. There is competi- Miami as the U.S. candidate city to jobs, and it involves basically the pro- tion among the growers in Brazil. The serve as the home of the FTAA secre- duction of frozen concentrate that sup- truth is, there are about five major tariat. Miami’s special and close rela- plies the fresh orange juice on the producers in Brazil and, in effect, they tionship with our Latin American breakfast tables of so many Americans operate as a cartel with collusion neighbors makes the city a natural every morning. among themselves. So if they took over choice as the city to play this impor- Here is the news. Last week, Reuters the entire world’s market, ran the tant role. The administration should reported that ‘‘the United States sig- Florida citrus industry out of business, announce this decision soon so we can naled for the first time that some agri- they would start to set the price, and put the full efforts of the U.S. Govern- culture products would be excluded al- that is not free and fair trade. ment behind one U.S. city; and that is together from the [Free Trade Area of I can tell you, this Senator, who is logically Miami. the Americas agreement] FTAA. someone who is for free and fair trade, As a matter of fact, from different There was another publication called and has voted that way—is not going to destinations in Latin America, it is a ‘‘Inside U.S. Trade,’’ which reported stand for that because that is not in lot easier to get to Miami from those that this new proposal from the United the best interests of consumers. locations in Latin America, in many States would ‘‘allow for some market I might also tell you when I went to cases, than it is to get from one loca- access negotiations to yield results Brazil last December, I had several tion in Latin America to another. other than total elimination of tar- very pleasant meetings with members Miami is the logical choice. It is a iffs.’’ of the Brazilian Government, including place of significant Hispanic culture Well, that is a significant change the chief negotiator for the FTAA, and and population. La lingua is spoken from what we have been told. It is, a number of other ministers in the there every day on la calle, on the from my standpoint and my State’s Government. I visited with the Acting street. It is a place that is a logical lo- standpoint, clearly a step in the right President, who is the Vice President of cation for the everyday transaction of direction. But while this would appear Brazil, and he becomes Acting Presi- business for trade in the Americas. to be welcome news to Florida’s citrus dent when the President is out of the Miami is the gateway to Latin Amer- industry, we need some more informa- country, as the President was in South ica. It should be the gateway for the tion. America in a Mercosur meeting at the FTAA. I believe the administration I am going to continue to fight to time. should act right now in going ahead preserve the tariff on imported frozen When I told the Brazilian Vice Presi- and determining that so as they nego- concentrated orange juice and ask for a dent about this problem for Florida, tiate between different cities in the commitment from the President. I be- his response was—half in jest, but half hemisphere, the United States will be lieve the President must state publicly, seriously—well, why don’t you just unified behind one city it is putting in clear language, that we will not ne- have the Florida citrus growers move forth, which should be Miami, FL.

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.130 S03PT1 S6440 CONGRESSIONAL RECORD — SENATE June 3, 2004 Mr. President, I yield the floor and They’ve seen—and had their photos million kids who lack basic food sup- suggest the absence of a quorum. taken—with celebrities, including Gov- plies. They are motivated by appalling The PRESIDING OFFICER. The ernor Arnold Schwarzenegger. statistics that show that more than 13 clerk will call the roll. Just yesterday, they saw another fa- million children live in what the Fed- The legislative clerk proceeded to mous visitor, the actor Mike Myers— eral Government deems ‘‘food inse- call the roll. better known to some as ‘‘Austin Pow- cure’’ households. And, of course, they Mr. CRAPO. Mr. President, I ask ers, International Man of Mystery.’’ are motivated by knowing the needs unanimous consent that the order for I hope the close-up view that these and faces of the vulnerable people in the quorum call be rescinded. exceptional young people have had of their communities. The PRESIDING OFFICER. Without the Senate at work these last few Last year, an estimated 23 million objection, it is so ordered. months has made this institution a lit- low-income people—many of whom are f tle bit less of a mystery. Our govern- from working families with children, ment ‘‘of the people, by the people, and are elderly, or have disabilities—re- MORNING BUSINESS for the people’’ requires the active in- ceived a meal or an emergency food Mr. CRAPO. Mr. President, I ask volvement of informed citizens to box from one of the estimated 50,000 unanimous consent that the Senate work. local hunger relief charities that dot now proceed to a period of morning I understand that many, if not most, the Nation’s landscape. These char- business with Senators permitted to of this semester’s pages have decided to ities, of which three-quarters are faith- speak for up to 10 minutes each. volunteer on political campaigns—both based organizations, play an important The PRESIDING OFFICER. Without Republican and Democractic—when and complementary role to State, local objection, it is so ordered. they return home. I’m told the cam- and Federal Government efforts to help f paigns run the gamut from local school low-income families achieve self-sufficiency. But for the family whose bene- FAREWELL AND THANK YOU TO board candidates to United States Sen- fits have been exhausted, or the single THE SENATE PAGES ate candidates. I am sure I speak for all Senators mother who is waiting for the benefits Mr. DASCHLE. Mr. President, I when I say, we applaud your continued to begin, or for those who simply don’t would like to say farewell to a wonder- involvement in the democratic process. want government help, these charities ful group of young men and women who We are very grateful for your out- are the last line of defense against hun- have served as Senate pages over the standing service to the Senate this se- ger. last 5 months and thank them for the mester. And we wish you well in all Despite the selfless extraordinary contributions they make to the day-to- that you choose to do in your future. work of these charities and their esti- day operations of the Senate. I ask unanimous consent to print in mated one million volunteers, the need This particular group of pages has the RECORD the names and hometowns in many communities too often ex- served with distinction and has done a of each of the Senate pages to whom we ceeds the available resources. At the marvelous job of balancing their re- are saying goodbye today. same time, the United States throws sponsibilities to their studies and to There being no objection, the mate- away nearly 96 billion pounds of food this body. Their final day as Senate rial was ordered to be printed in the each year. pages is tomorrow, but I hope we will RECORD, as follows: Legislation I have sponsored, the see some—or all—of them back in the Charity Aid, Recovery and Empower- SENATE PAGES—SPRING SEMESTER 2004 Senate someday, as staffers or Sen- ment Act, or the CARE Act, would help ators. Andrew Blais, Rhode Island; Katherine close the gap between the need and Buck, New Hampshire; Sam Cannon, Utah; I suspect few people understand how Erin Chase, South Dakota; Eric Coykendall, available resources. The CARE Act pro- hard Senate pages work. On a typical Arizona; Julie Cyr, Vermont; Joe Galli, vides farmers and ranchers, small busi- day, pages are in school by 6:15 a.m. Maine; Watson Hemrick, Tennessee; Jennifer nesses, and franchisees with a tax in- After several hours of classes each Hirsch, Arkansas; Garrett Jackson, Mis- centive that would allow these smaller morning, pages then report to the Cap- sissippi; Kara Johnson, Illinois; Ben business entities to enjoy the same tax itol to prepare the Senate Chamber for Kappelman, Montana; Andrew Knox, incentives that large corporations re- the day’s session. Throughout the Vermont; Adam Lathan, Alabama; Betsy ceive when they donate food to charity. day—and sometimes into the night— Lefholz, South Dakota; Brittney Moraski, The CARE Act’s food donation tax in- Michigan; Alex Ogden, North Carolina; pages are called upon to perform a wide Jaclyn Pfaehler, Montana; Aaron Porter, centives will enable farmers with sur- array of tasks—from obtaining copies Tennessee; Ingrid Price, Utah; Laura Pritch- plus crops to donate the food to a food of documents and reports for Senators ard, Virginia; Laura Refsland, Wisconsin; bank or emergency shelter, recouping to use during debate, to running er- Ryan Smith, Kentucky; Kyra Waitley, Idaho; some of the cost of production and rands between the Capitol and the Sen- Nathanael Whipple, California; and Elizabeth transportation—and preventing them ate office buildings, to lending a hand Wright, Montana. from having to plow the crops back at our weekly conference luncheons. f into the ground. The CARE Act gives a Once we finish our business here for restaurant owner the incentive to do- the day—no matter what time—the NATIONAL HUNGER AWARENESS nate surplus meals to a soup kitchen pages return to the dorm and prepare DAY rather than throwing good food into a for the next day’s classes and Senate Mr. SANTORUM. Mr. President, dumpster. America’s Second Harvest, session and, we hope, get some much- today in Palmyra, PA, volunteers at the Nation’s food bank network, esti- needed sleep. the Lebanon Valley Brethren Home mates that the CARE Act will help Despite this rigorous schedule, these will collect food and sell baked goods generate more than 878 million new young people continually discharge for the ‘‘Great American Bake Sale’’ to meals for hungry people over the next their tasks efficiently and cheerfully. support their local food bank. In hun- 10 years. In fact, as one page put it, ‘‘We like dreds of small towns, suburban commu- This legislation, despite broad, bipar- working hard. When things get hectic, nities, and cities from New York to tisan support for the food donation tax that’s when we like it best.’’ California, thousands of volunteers will incentives and the other provisions in This page class had the good fortune help collect food, glean fields, prepare the act, is now stalled in the Senate, to witness some historic moments. meals, and raise awareness as a part of not being allowed to go to conference. They saw President Bush present the National Hunger Awareness Day. The CARE Act is in jeopardy, and with Congressional Gold Medal to Dorothy These dedicated volunteers and their its fortunes go the hopes of tens of Height, one of the giants of the modern compassionate acts represent a grass- thousands of people that serve Amer- civil rights movement in America. roots citizens’ movement motivated to ica’s most vulnerable families. We can- They were present for important de- reduce hunger in America. These vol- not allow partisan differences, unre- bates in this Chamber over such crit- unteers are the people who prepare the lated to this legislation, to undo the ical issues as the budget and the wars dinners and stock the shelves of the promise that the CARE Act offers to in Iraq and Afghanistan. local charities that serve more than 9 millions of Americans. The CARE Act

VerDate May 21 2004 02:29 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.133 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6441 should be allowed to go to a bipartisan for every three out-of-work Americans. ment cannot act alone to solve the conference and thereby ensure that no We need an economy that works for ev- problem but must work in concert with food bank, pantry or soup kitchen will eryone, and a job creation plan that en- those who are best able to help. I be- have to turn away a hungry family, ables every American to afford a de- lieve the creation of the Senate caucus senior, or child because the cupboard is cent quality of life. is an important step in focusing on this bare. That means jobs that pay a living problem. I look forward to working Mr. KENNEDY. Mr. President, today wage. Right now, we are sending the with my colleagues in Congress and is National Hunger Awareness Day, and wrong message to low-income workers. groups back in Oregon to address these it is an opportunity for all of us in Con- We are telling them that hard work issues. gress to pledge a greater effort to deal does not pay. We are saying that work- In Oregon, we have been blessed with effectively with this festering problem ers who play by the rules deserve little a number of organizations and individ- that shames our Nation and has grown or even nothing in return. Why can’t uals who have taken it upon them- even more serious in recent years. we all agree that no one who works for selves to help in this effort and assist The number of Americans living in a living should have to live in poverty, their neighbors in need. Groups such as hunger, or on the brink of hunger has constantly wondering where the next Birch Community Services and the Or- increased every year during the cur- meal is coming from? egon Food Bank have shown them- rent administration. It now includes 13 For too many adults of all ages, the selves to be true assets to their com- million children—400,000 more than fight against hunger is a constant on- munities. As an Oregonian, I can tell when President Bush took office. going struggle. It undermines their you that I am especially proud of how These Americans deserve higher pri- productivity, their earning power, and they have responded to what has been a ority by all in Congress. Day in and even their health. It keeps their chil- difficult last couple of years in our day out, the needs of millions of Amer- dren from concentrating and learning State, and I look forward to continuing icans living in poverty have been over- in school. to work with them in the fight against It makes no sense to allow the gap looked, and too often their voices have hunger. been silenced. between rich and poor to grow wider. These are real people, struggling We can not ignore the poorest in our Mrs. LINCOLN. Mr. President, I rise every day to get by. They are single Nation, and all those who need our help today to bring attention to the fact mothers serving coffee at the local the most. National Hunger Awareness that it is National Hunger Awareness diner at 5 a.m. and cleaning houses in Day is our chance to rededicate our- Day and to raise the visibility of issues the afternoon, yet are still unable to selves in Congress to this cause, and we of hunger in America. afford both shelter and food. They are can’t afford to miss it. What is the face of hunger in Amer- low-wage workers holding down two Mr. SMITH. Mr. President. I rise ica? A child. A mother. A father. A sin- jobs, yet still forced to make impos- today to speak about a problem im- gle working parent. A homeless person. sible choices between feeding their pacting communities across the United A grandmother raising grandchildren. family, paying the rent, and obtaining States and throughout the world. As A grandfather. A senior citizen living decent medical care. They are children many of my colleagues know, today is off of social security. An unemployed who go to bed hungry every night National Hunger Awareness Day. It is a person. A disabled worker. A military whose parents can’t afford to give them day meant to focus our attention on veteran. People of all races and more than a single slim meal a day. our friends, coworkers, classmates, and ethnicities. The World Food Summit in 1996 neighbors for whom putting food on the These are the faces of the almost 35 called global attention to this crisis table continues to be a daily struggle. million Americans that live in house- and in response the Clinton adminis- Sadly, for the nearly 35 million Ameri- holds that are food insecure. Food inse- tration pledged to begin an effort to cans who are ‘‘hungry’’ or ‘‘food insecurity is not isolated to one region. cut hunger and food insecurity in half cure,’’ hunger is more than a statistic, These 35 million Americans live in the in the United States by 2010. In the it is an insomnia within the American small towns of New England, in the boom of the Clinton years, we made dream. This is a reality that the people large cities of New York, Boston, Chi- progress toward that goal—hunger de- of my home State of Oregon know far cago and Atlanta. They live in the del- creased steadily through 2000. We now too well. tas of Arkansas, Louisiana and Mis- have 6 years left to fulfill our commit- For the last several years, Oregon sissippi and the plains of the Dakotas ment, and we must not fail. has been at or near the top of repeated down to Kansas. There is food insecu- The answer is a renewed commitment nationwide studies of hunger and food rity and hunger in the timber regions to reaching that goal. The fastest, insecurity in the United States. And I of Washington and Oregon and on the most direct way to reduce hunger in can tell you that as a member of this beaches of California. Food insecurity the Nation is to improve and expand chamber and an Oregonian, the statis- affects the States of the four corners the current Federal nutrition pro- tics on hunger and food insecurity con- down into Texas and Oklahoma. No re- grams. Sadly, it is difficult to persuade tinue to confound me. Despite all of gion of this country is without hunger. the current administration and the our advances in agriculture technology Today is National Hunger Awareness current Congress to fund important and food distribution, children and Day. I have come to the Senate floor to child nutrition programs such as the families in my State and around the talk about hunger in America and to school breakfast and school lunch pro- country will go to bed hungry tonight. raise awareness about the complex grams and the summer food program, The sad irony is that many of the com- issues surrounding hunger. but numerous groups throughout the munities most affected by hunger are When many Americans think of hun- Nation are doing their best to make a the very ones that grow the food upon ger they often think of starving people difference. which the rest of us rely. in developing countries around the Project Bread in Massachusetts helps On the horizon, Oregon’s economy world, and the number of hungry peo- fund nearly 400 food pantries, soup appears to be brightening. While there ple living around the world is stag- kitchens, food banks and food salvage are no quick fixes, I believe that solv- gering. programs across the State, and also co- ing hunger is within our grasp. Later ordinates local efforts to develop effec- today, Senator LINCOLN and I will be Eight hundred million people, includ- tive solutions to reduce hunger. announcing the creation of the Senate ing children, are hungry and food inse- Congress can also do better. The Sen- Hunger Caucus. This caucus will serve cure in the world today. America must ate Agriculture Committee approved a as a forum to raise awareness and fos- continue to lead in its generosity to bipartisan child nutrition bill last ter cooperation among business inter- aid the world’s food insecure. But hun- month to strengthen and expand nutri- ests, community leaders, and local, ger is not just a distant problem for de- tion programs, and it deserves to be en- State, and national non-profits to work veloping countries. Hunger exists acted into law as soon as possible. with Congress to address hunger. among our own citizens here in Amer- A strong job market will also signifi- As policymakers, our job is to take ica. cantly reduce hunger. A major chal- the pieces of this puzzle and put them Because today is National Hunger lenge in today’s troubled economy is together in a way that leaves our com- Awareness Day, I will focus my re- that it has been creating just one job munities whole and healthy. Govern- marks on the less recognized face of

VerDate May 21 2004 04:30 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.064 S03PT1 S6442 CONGRESSIONAL RECORD — SENATE June 3, 2004 hunger and that is the face of the consume the cheapest food that they ciation, Bread for the World, Congres- Americans, our neighbors, and our fel- can purchase in large quantities, and sional Hunger Center, Food Research low citizens who are hungry and food often these foods lack important nutri- and Action Center, Share Our insecure. ents for a balanced diet. We can fight Strength, the World Food Program and What does food insecurity mean? obesity early on by educating children Heifer International. Food insecurity is limited or uncertain about nutrition and help provide oppor- At this time, I want to recognize access to nutritional food. Food insecu- tunities for children to access nutri- many of the Arkansas groups working rity is not knowing from where the tious foods at school and at after to fight hunger and encourage nutri- next meal is coming. school programs. Additionally, through tious living, and they include: Arkan- Food insecurity is not unique among food assistance programs we must con- sas Hunger Coalition, Arkansas the homeless and unemployed. On the tinue to encourage adults to access nu- Foodbank Network, Harvest Tex- contrary, many food insecure house- tritious foods and help provide oppor- arkana, Potluck, Inc., Arkansas Rice holds in America have at least one tunities to learn about nutrition. Depot, Northwest Arkansas Foodbank, working adult. We need only compare For Americans, hunger does not Northeast Arkansas Foodbank, North the national unemployment numbers mean entire towns and villages full of Central Arkansas Foodbank, South- with the food insecurity numbers to starving people—people literally starv- west Arkansas, Food bank, Bradley see that they don’t match up. There ing and dying because they cannot eat. County Helping Hand, Ozark are far more food insecure individuals Fortunately, we are able to provide the Foodbank, Memphis Foodbank, than there are unemployed people. citizens most in need with access to Winrock, Heifer International, Arkan- America’s working poor are finding it some kind of food to meet basic needs sas School Food Service Association, difficult to make ends meet and at through Federal and State assistance Arkansas Advocates for Children and times provide the most basic needs for programs such as Food Stamps, WIC, Families, Arkansas Community Action their family—nutritious food. the National School Lunch Program, Agencies, Arkansas Farmers and Hunt- Perhaps our most vulnerable food in- and thousands of non-profit organiza- ers Feeding the Hungry, local food pan- secure individuals are our children and tions, churches, faith-based groups, and tries, churches and many others who seniors. Due to the high costs of dedicated individuals. work to feed Arkansans in need. Many healthcare and living expenses, many The challenges in America are to of these groups are also using today as seniors often find themselves choosing continue to find ways to provide Amer- a time to talk about hunger and food between medicine and groceries be- icans that are food insecure with ac- insecurity. cause they may not be able to afford cess to nutritious meals and opportuni- In closing, it’s easy for me to be pas- both. Programs such as Meals on ties to gain skills to improve their eco- sionate about the issue of hunger. As a Wheels and local community senior nomic situation and quality of life. farmer’s daughter I was raised with an programs are so important to the To that end, today, along with my understanding of the value of having health of our seniors. friend from Oregon, Senator SMITH, I access to food—to good, safe and nutri- Children rely on parents to provide am pleased to announce the formation tious food. As the daughter of two com- for their basic needs. Of the 35 million of the U.S. Senate Hunger Caucus. We passionate, Christian parents I was people who are food insecure in Amer- are delighted that many of our col- taught to help others and to share my ica, just over 13 million are children. leagues are joining us in this bipar- blessings with those in need. As a This is the same number of children tisan effort to work on national and mother of two young boys I can that are receiving free lunches through international hunger issues. The Sen- empathize with the fear that a parent the National School Lunch Program. ate Hunger Caucus will be a vehicle feels when they must answer a hungry child when there is no food to be eaten. This vital program provides many chil- through which Senators can work to- Just the other day, one of my boys ran dren with the most nutritious meal gether to promote initiatives to help into the house and said ‘‘Mom, I’m they will receive in a given day. We address the root causes of hunger and starving.’’ And I replied, ‘‘what would must continue to find opportunities to to help form partnerships with the you like?’’ Later on I thought about fill in the gaps because the National many valuable organizations and pro- the mothers whose children ask the School Lunch Program only covers grams that are committed to ending same question but they don’t have food Monday through Friday during the hunger. to offer, they can’t just reach into the school year. The traditional three Just a few hours ago, I was joined by cabinet to pull out food. It was a dev- months of summer vacation from my good friends, Senators SMITH and astating thought and my heart goes school is a critical time when many DOLE, at the D.C. Central Kitchen out to the mothers and fathers who at children are missing essential nutri- where we announced the formation of times are not sure where the next meal tion in their diets. the Senate Hunger Caucus and dis- is coming from. One example of a successful program cussed many of the key hunger issues My home State of Arkansas knows in my home State of Arkansas is help- in America. The D.C. Central Kitchen hunger. With almost 600,000 Arkansans ing feed children outside of school. The is located just a few blocks from the living below the national poverty line, Arkansas Rice Depot’s Food For Kids U.S. Capitol and is a nationally known hunger, food insecurity, obesity and program provides hungry children with food rescue organization. The D.C. Cen- limited access to nutritious foods are a quick, high-energy snack during tral Kitchen converts rescued or do- key issues. With a State population of school and then provides a backpack nated food into 4,000 meals each day, 2.6 million, approximately 380,000 Ar- filled with nutritious foods children 365 days a year, which feed the hungry kansans live in food insecure house- can prepare for themselves at home. in the Washington metropolitan area. holds. The Food For Kids program is serving As a part of the D.C. Central Kitchen I look forward to working with my 329 schools and 15,000 students in Ar- program, unemployed people are colleagues in the Senate as well as kansas. Founded in 1995, this program trained to gain job skills that enable hunger non-profit organizations in my is the first of its kind in the Nation them to find work in the culinary arts State and across the Nation to find so- and now 20 cities across the Nation industry. The D.C. Central Kitchen is a lutions to hunger problems plaguing have established similar programs. great model for taking wasted food and our nation and world. And to dream of Throughout my remarks I have men- turning it into nutritious meals and the day when globally, working to- tioned the word nutrition. In the fight economic opportunities for people in gether to harness our vast resources, to end hunger, providing access to nu- need. we can end hunger. tritious food is key. Many Americans We were pleased to be joined at to- f are now waking up to the long-term day’s event by representatives of many health complications caused by obe- of the national anti-hunger groups that LOCAL LAW ENFORCEMENT ACT sity. It may seem strange to talk about we look forward to partnering with in OF 2003 obesity and hunger at the same time this effort: Some of these groups in- Mr. SMITH. Mr. President, I speak but the reality is that people with lim- clude: America’s Second Harvest, about the need for hate crimes legisla- ited access to money and food typically American School Food Service Asso- tion. On May 1, 2003, Senator KENNEDY

VerDate May 21 2004 03:43 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.101 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6443 and I introduced the Local Law En- personhood i.e., the right to the equal munity on the issue of fetal pain. Then forcement Enhancement Act, a bill protection of the law. The repellant no- she acknowledges that: ‘‘the position that would add new categories to cur- tion underlying Roe v. Wade—that that Congress has taken [on pain expe- rent hate crimes law, sending a signal there are ‘‘subhuman’’ members of the rienced by unborn children] is neither that violence of any kind is unaccept- human species—conflicts directly with incorrect nor entirely unsupported.’’ able in our society. the very purposes of the thirteenth, But then she disregards the Congres- David Blair, also known as Steve fourteenth, and fifteenth amendments, sional finding that partial-birth abor- Perry, was found dead by the Ketch- which undid the great injustice of tion is never medically necessary and ikan, AK, police department on July treating black Americans as slaves and 26, 2001. Terry Simpson, Jr., 19, and property instead of as human beings writes something incredibly callous: Joshua Anderson, 20, were arrested in entitled at law to full respect. I realize ‘‘[Pain experienced by unborn children] response to a tip in which the inform- that the Supreme Court has not yet re- is, however, irrelevant to the question ant said he overhead the two men brag- pudiated this holding of Roe, which it of whether the Act requires a health ging that they were planning to ‘‘beat imposed upon the Nation in 1973, but exception, as discussed in this court’s up and rob Blair because he is a fag.’’ this case decided by one district court conclusions of law.’’ I believe that Government’s first in California is clearly going in a direc- Irrelevant? First, partial-birth abor- duty is to defend its citizens, to defend tion that contradicts everything we tion is never medically necessary, and them against the harms that come out value about the Constitution and the since the gruesome partial-birth abor- of hate. The Local Law Enforcement principles under which this Nation and tion procedure is never medically nec- Enhancement Act is a symbol that can its people operate. essary, an essential reason for abol- become substance. By passing this leg- First, Judge Phyllis Hamilton dis- ishing this dreadful form of death is islation and changing current law, we misses the overwhelming medical evi- the terrible pain inflicted on the un- can change hearts and minds as well. dence that it is never medically nec- born child. f essary—to save the life of the mother or any other reason—to perform the Pain experienced by an unborn child ADVANCING MEDICAL RESEARCH gruesome partial-birth abortion proce- is very relevant. Mr. BIDEN. Mr. President, I joined 56 dure—in which a young human is par- Just before the recess, I introduced of my Senate colleagues and over 200 in tially born, so that only the head re- the Unborn Child Pain Awareness Act, the House of Representatives in writ- mains in her mother, and then a sharp S. 2466, with nearly a quarter of the ing the President asking that he work object pierces the back of the child’s Members of this chamber as original with the Congress toward a policy that head and sucks the child’s brain out, cosponsors. will enable important medical research killing the child. This legislation would require those to proceed utilizing stem cells from Think about that, a baby—a young who perform abortions on unborn chil- frozen embryos that were created to human baby—is partially born, so that treat infertility problems and which only her head remains in her mother’s dren 20 weeks after fertilization to in- are now slated to be discarded. Contin- birth canal. Then an abortion-provider form the woman seeking an abortion of ued studies using stem cell technology punctures the back of the child’s head the medical evidence that the unborn offer hope for a better future for mil- with a surgical instrument. Then the child feels pain. lions of people afflicted with a wide abortion provider suctions the young The bill would also ensure that the range of illnesses and conditions, in- human’s brains out, leaving the child woman, if she chooses to continue with cluding Alzheimer’s disease, diabetes, dead, dead, dead. the abortion procedure after being Parkinson’s disease, cancer and others. There is no recourse for the young given the medical information, has the Presently there are estimated to be human. This is a cold-blooded murder. option of choosing anesthesia for the more than 400,000 in vitro fertilized em- And if this District Court has its way, child, so that the unborn child’s pain is bryos that were developed to enable the young child will never receive jus- less severe. couples to have children, but that are tice for her gruesome murder. now not needed for that purpose. These Before I address Judge Hamilton’s Women should not be kept in the frozen embryos are likely to be de- disregard of Congressional findings, I dark; women have the right to know stroyed. The President could hasten want to talk in particular about the what their unborn child experiences the progress of this important research issue of fetal pain, which Judge Ham- during an abortion. Unborn children by modifying his present policy to per- ilton alleges is ‘‘irrelevant.’’ should be spared needless, deliberately- mit these embryos to be donated, with I would submit that were we to see a inflicted pain. the consent of the couple, for stem cell puppy have its head punctured and Many among us are unaware of the research. I look forward to working brains sucked out, we would not con- scientific, medical fact that unborn with the President toward this goal. sider it irrelevant. We would be moved children can feel, but it is true. Not f to protect the puppy. only can they feel, but their ability to Yet, we are not talking about a dog; experience pain is heightened. The PARTIAL-BIRTH ABORTION RULING we are talking about a young human. highest density of pain receptors per Mr. BROWNBACK. Mr. President, I And the judge in California says that square inch of skin in human develop- rise to address the alarming decision pain is irrelevant when we are talking ment occurs in utero from 20 to 30 handed down earlier this week by a about a young human. weeks gestation. District Court in California on partial We are elected representatives. We birth abortion. have an obligation to defend the Con- An expert report on fetal develop- The judge’s decision was wrong on stitution. This includes defending the ment, prepared for the partial birth many fronts. It is wrong on the med- right to life, liberty and the pursuit of abortion ban trials, notes that while ical facts, and it is wrong in its blatant happiness. First among these 3 is life. unborn children are obviously incapa- disregard of Congressional findings. We have an obligation to defend the ble of verbal expressions, we know that Most importantly, the decision is also right to life for the most defenseless they can experience pain based upon wrong on the law. This ruling is uncon- and helpless among us. Our laws should anatomical, functional, physiological stitutional, as well as violative of fun- protect the sanctity and dignity of and behavioral indicators that are cor- damental human rights, because it every innocent human life from the related with pain in children and drives a wedge between biological hu- moment of conception. adults. manity which prenatal human off- Judge Hamilton notes that there is Unborn children can experience pain. spring undeniably have, and legal some debate within the medical com- This is why unborn children are often

VerDate May 21 2004 03:43 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.104 S03PT1 S6444 CONGRESSIONAL RECORD — SENATE June 3, 2004 administered anesthesia during in Policy-making decisions—particu- were suddenly picking up a rifle and utero surgeries. larly those that have such sweeping so- heading into battle. Think about the pain that unborn cial implications—must be made by the The Japanese had managed to assem- children can experience, and then representatives of the people in a way ble nearly 2,500 soldiers in Myitkyina think about the more gruesome abor- that is respectful of long-established in the final days of May to engage the tion procedures. Of course, we have traditions and principles of our social 236th and another battalion of combat heard about partial birth abortion, but order. When activist judges use their engineers, the 209th. The battle for also consider the D&E abortion. During positions to achieve policy goals, they Myitkyina raged for 2 months and the this procedure, commonly performed must be resolutely opposed. engineers, fighting alongside poorly after 20 weeks—when there is medical As the partial-birth abortion ban liti- trained Chinese soldiers, bore the brunt evidence that the child can experience gation continues in Nebraska and New of the Japanese forces, defending severe pain—the child is torn apart York, I remain hopeful that we will see against infantry attacks as well as ar- limb-from-limb. Think about how that much more restraint and reasonable tillery and mortar fire. The battle re- must feel to a young human. rulings coming forth from the judici- sulted in victory for the allies, but at a Pain is absolutely relevant to the ary. heavy price: 56 killed in action and an- subject at hand. f other 142 wounded from the 236th Oddly, one of Judge Hamilton’s rea- alone. One of these casualties was SGT TENNESSEE VETERANS sons for ruling against the partial- Fred Coleman, who threw himself on a birth abortion ban is that: ‘‘[Fetal Mr. ALEXANDER. Mr. President, I grenade in order to save the lives of his pain] appears to be irrelevant to the recently received an invitation to an comrades. question of whether [partial-birth abor- annual reunion of Tennessee veterans The members of the 236th distin- tions] should be banned, because it is who served together in the 236th Com- guished themselves in the battle for undisputed that if a fetus feels pain, bat Engineers Battalion in Burma, Myitkyina and earned the praise of the amount is no less and in fact might India and China during World War II. their commanders. Stillwell himself be greater in D&E by disarticulation Veterans of the 236th have been getting was impressed with the performance of than with the [partial-birth abortion] together every year for nearly 50 years, the 236th, many of whom had not method.’’ and the story of the reunions of the picked up a rifle since basic training: Apparently, Judge Hamilton believes 236th is almost as interesting as those ‘‘hats off to the engineers!’’ And both that fetal pain is irrelevant to the of the action they saw in northern battalions of combat engineers re- issue at hand because other abortions Burma fighting the Japanese. ceived the Presidential Unit Citation might be more painful. Clearly, Judge What began as a picnic at Memphis Hamilton’s logic is flawed. for their valiant efforts in battle. City Park in 1956 has evolved into an Tennessee is the Volunteer State and Judge Hamilton’s decision crosses annual reunion of surviving members the line. What we have seen in this the spirit of Tennessee is embodied in of the 236th, and their families, on the the 236th. From the battle of King’s week’s District Court decision is judi- second Sunday in July in Nashville. cial bias and judicial activism at its Mountain in the Revolutionary War, Veterans from the 236th, who spent one extreme. Judge Hamilton egregiously through the Mexican War, the Civil of the most significant periods in his- reveals her own bias in favor of abor- War, and our great World Wars, Ten- tory together, now sit around and tion when she writes: ‘‘The court found nesseans have answered the call. We reminisce about the experience that all of the plaintiffs’ experts not only have honored those volunteers, and we made them men, rekindle old friend- qualified to testify as experts, but cred- have honored them as veterans. ships, and honor the memories of their ible witnesses based largely on their We should especially honor our Ten- fallen comrades. Meanwhile, their fam- vast experience in abortion practice. nessee sons and daughters today be- ilies swim, shop, and attend events to- However, of the four government wit- cause so many—thousands—are serving gether. In recent years however, only a nesses who were qualified as experts in in the war against terrorism—men and ob/gyn, all revealed a strong objection handful of veterans of the 236th are women in active duty, the National either to abortion in general or, at a still able to attend, so the group has Guard, and the reserves. minimum, to the D&E method of abor- elected their children to take over re- This summer, as we celebrate Armed tion. The court finds that their objec- sponsibility for holding the reunions, Forces Day, Memorial Day, the dedica- tions to entirely legal and acceptable even after the last member of the 236th tion of the new World War II Memorial abortion procedures color, to some ex- has passed on. and the 60th anniversary of D–Day, we tent, their opinions on the contested The 236th was created during World should not only remember the actions intact D&E procedure.’’ War II, an offspring of the 44th Engi- and sacrifices of the great men and By her logic, those with moral objec- neer Combat Regiment at Camp women who have come before us, such tions to abortion are biased—or ‘‘col- McCoy, WI. After practicing maneuvers as those of the 236th, but what their ored’’—in their views against abortion, in Tennessee in 1943, the 236th was de- sacrifices have ensured for us: our free- but those who perform abortions for ployed to the China-Burma-India The- dom. money are not at all biased—or ‘‘col- ater, where they started work on the The best thing we can do this sum- ored’’—in their views favoring abor- Ledo Road, a necessary allied supply mer as we pay tribute to our veterans tions. route through harsh jungle terrain at and soldiers is this: to try to show as Sadly, the action of this California the base of the Himalayan Mountains, much respect and honor to these great District Court is simply the latest in- and on the edge of Japanese-occupied volunteers as they have always shown stance of arrogant judges riding rough- territory. our country. shod over the democratic process and Work on the Ledo Road was halted f constitutional law alike in a quest to by a Japanese garrison, dug in, in the ROBERT A. BEAN: A LIFETIME OF impose a radical social agenda on town of Myitkyina, along the path of CONTRIBUTION America—in this case abortion on de- the road. General Stillwell, Chief Com- mand for any reason or no reason. mander of the China-Burma-India The- Mr. PRYOR. Mr. President, I join the We are a democracy, not a people ater, had tried to dislodge the Japanese Senate community in mourning the ruled by judicial dictate. from Myitkyina in mid May, 1944, and loss of a long-time friend and colleague This district court decision is yet an- had succeeded in taking a nearby air- Robert A. Bean. Throughout his life, other example of why we need to reign strip, but was repelled from the town Bob was a hard worker, devoted to pub- in an increasingly reckless judiciary by unexpectedly strong Japanese de- lic service and a man of great integrity one, by means of stripping courts of au- fenses. With these defenses and a front and character. Bob began his public thority they have usurped from the line force already weakened from fa- service career as a congressional page people and their legislative representa- tigue, disease and wounds, Stillwell at the young age of 15. Many pro- tives, and two, through impeachment, called up the 236th to the front lines. motions and two decades later, he con- when necessary at both the Federal Men who had been used to driving tinued to help the U.S. Senate run and State level. trucks and operating heavy equipment smoothly. During these years, Bob

VerDate May 21 2004 04:30 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.054 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6445 forged countless friendships with those Bob Bean. We will remember him well. You see, Jim realized the opportuni- around him and made immeasurable We will celebrate his life, and we will ties he had because his parents had mo- contributions to the community. try to live up to his dedication and tivated him to further his education. Each and every day, Bob went above generosity. To perpetuate this encouragement, Jim and beyond the call of duty to help f created the Ayers Foundation Scholars Members of Congress, staff members Program. The program supplies coun- ADDITIONAL STATEMENTS and Capitol visitors find their way, selors to assist every student with col- whether it was through complex par- lege counseling and planning and liamentary procedure or to the nearest TRIBUTE TO FRENCHBURG JOB grants renewable scholarships of up to elevator in the Capitol. His vast knowl- CORPS $4,000 to any Decatur County student edge of the Senate’s operations was ∑ Mr. BUNNING. Mr. President, I pay who wants to go on to college. garnered from decades of public serv- This year Jim’s foundation disbursed tribute today to the Frenchburg Job ice. Following Bob’s days as a page, he $578,000 to more than 300 young men Corps Center in Frenchburg, KY. On served in the Democratic cloakroom, and women attending 13 different June 24, 2004 this center will celebrate and was later promoted to deputy ser- schools. To meet any remaining tuition a milestone anniversary. For 30 years geant-at-arms, deputy assistant under- bills, counselors found an additional the Frenchburg Job Corps Center has secretary of legislative affairs at the $800,000 in Federal and State grants and taught a variety of skills to our Ken- Department of the Treasury, and other scholarships. Since its inception, tucky workforce, helping the men and Democratic staff director for the Com- the foundation has also spent in excess women of Kentucky to improve their mittee on House Administration. Bob of $175,000 to help 68 teachers from De- job skills and their general well being. retired from the Hill in 2002, having ac- catur and Henderson counties to obtain crued enough years of service to make I am grateful for all the work that the Frenchburg Center has done over masters degrees or plus 30 certifi- him eligible for retirement. Too young cation. and active, however, Bob returned to the last 30 years. Their contribution to the Commonwealth of Kentucky should Last week at a dinner in honor of work just months later at the Jefferson this first class of Ayers’ foundation Consulting Group, where he quickly not be underestimated. Through the work of this center many men and graduates, Jim announced the founda- made a name for himself. tion will begin funding scholarships for My dad, former Senator David Pryor, women have been enabled to become valuable pillars of their local and state students at Henderson County’s Scotts first met Bob during page school and Hill High School. In addition, Jim com- saw in him the same quality as every- economies. The skills that these men and women mitted to extend funding for advanced one else: a passion to help others. degrees for teachers in Perry County. Throughout the years, they remained learned range from the culinary arts to apartment maintenance. But all of Decatur’s favorite son came home to close friends. Bob traveled to Arkansas make this a place where the American to campaign several times for my dad, these skills have been of inestimable value when it comes to doing one of the dream thrives. and later he joined me in Little Rock Mr. President, I have spent a lot of on the campaign trail. Even with all most important things in life, providing for yourself, your family and time thinking about leadership, char- his qualifications and prestige, no job acter, and education. Men like Jim was too small. I remember him can- your community. serve as examples to us all of the op- vassing in the Arkansas heat, stuffing I believe the Commonwealth would portunity education provides and the envelopes and hammering yard signs not be the same without the dedication difference one man can make in the into the ground. And no job was too big of these men and women and I thank fabric of the American character. or difficult. Following my campaign, the Frenchburg Job Corps for its 30 Thank you for allowing me to honor Bob helped me coordinate inauguration years of dedication to the workforce of my friend Jim Ayers.∑ events and setup my office, and he the Kentucky.∑ helped orient a number of my staff f f members who were new to Washington TRIBUTE TO JIM AYERS TRIBUTE TO LINDA KURZ and the Senate. His willingness to do ∑ ∑ Mr. BOND. Mr. President, Sieglinde anything for anybody at anytime is Mr. ALEXANDER. Mr. President, I wish to honor the extraordinary efforts Kurz received her Bachelor of Arts de- what made Bob loved by so many. gree from Fontbonne College, St. Jim English, a former assistant Sec- of one man who exemplifies the spirit Louis, Missouri in 1961 and her Masters retary of the Senate, said Bob was ‘‘the which makes Tennessee the volunteer Degree in Health Care Management kind of person who would give you the state. from Northwestern University, Evans- shirt off his back. He was a man with That man is Jim Ayers of Parsons, ton, Illinois in 1976. loyalty to the Senate and to his TN. Parsons sits at the intersection of Linda Kurz started her career with friends.’’ Highway 412 and 69, just west of the Longtime friend Bill Norton who banks of the Tennessee River. It is the Department of Veterans Affairs in No- worked with Bob in the cloakroom and largest town in rural Decatur County. vember 1965 as a Research Chemist in earlier as a page added, ‘‘Bob loved At 18, Jim left home to attend Mem- Renal Hypertension Research at the Congress as an institution; those were phis State University. Working 30 St. Louis VA Medical Center. his happiest days.’’ hours a week, he paid his way through Linda Kurz, during her government While he took his work seriously, college, graduating with a degree in career was the Administrative Assist- Bob was also known to enjoy his week- business administration. Jim was the ant to the Associate Director, Hines, ends with friends and family on the first in his family to earn a college de- Illinois; Associate Director, VA Med- Margaret B while fishing on the Chesa- gree. He went on to success in a num- ical Center, Tomah, Wisconsin; Asso- peake. It was on such a day when Cap- ber of industries—from banking and ciate Deputy Regional Director, North- tain Bob was enjoying the afternoon on real estate to manufacturing and eastern Region, Albany, NY; Associate his boat, having just caught a 36-inch health care. Director, VA Medical Center, Marion, striper, when God chose to take Bob Many American success stories would Illinois; Director, Construction Project home. end right there. For Jim, this was just Coordination and Budget, VA Head- Bob was also a devoted family man. the beginning. quarters, Washington, DC; Director, As good as a friend he was to us, Bob In 1999 Decatur’s Riverside High VA Medical Center, Marion, Illinois. was an even better son, brother and School graduated 129 students and sent She left the Marion VAMC to accept uncle. I want to express my deepest 36 on to post-secondary education. the position of Director at the St. condolences to the Bean family: his That’s 27 percent. This month 101 of Louis VAMC. mother Margaret; brothers, John, Ken- 111, 90 percent, of students graduating Linda Kurz served as Director of the neth and Brian; sister-in-law Patti; from Riverside, will go on to 2 and 4- St. Louis VA for 5 years and 8 months niece Rachel and nephew Christian. year colleges and universities. from May 1998 through January 2004, Bob’s commitment to service pro- The difference between 1999 and 2004? one of the largest and most complex vides inspiration to us all. We will miss Jim Ayers. VA facilities in the Nation.

VerDate May 21 2004 04:30 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.103 S03PT1 S6446 CONGRESSIONAL RECORD — SENATE June 3, 2004 Linda Kurz provided leadership for a series of spinal taps, intrathecal dystonia. I would like to salute the this dual division hospital, providing pump implantations, and the prepara- Centrella family for the work they care for in excess of 36,000 veterans an- tions for deep brain stimulation sur- have done to found and support the nually, within a primary service area gery. Melissa, on several occasions, was New Jersey Chapter of the foundation. of metropolitan St. Louis, including 9 overdosed with her medication leading Today, because of Melissa Centrella, counties in Missouri and 14 counties in to seizures and once to a 3-day coma. her family and others who have fought West Central Illinois and lead a care Through all the pain, she accepted her alongside them against dystonia, we team of 1900 full time employee equiva- suffering with dignity and never once are closer than ever to a cure. lents. complained. Mr. President, it is important that Linda’s lifetime achievements in- Melissa believed she was put on we recognize the fight against clude: A leader in the health care man- Earth for a reason, that God had a plan dystonia. Although there is not yet a agement field, mentor for VHA Health for her. That reason was to be a part of cure for dystonia, we will continue the Care Management Trainees, Executive the mission to find a cure for dystonia, work of Melissa Centrella and remem- Career Field Director Trainees and so that no one else would have to expe- ber her fight against this disease.∑ achieved the status of Diplomat in the rience the torture that she experienced American College of Healthcare Execu- in her short life. Many in her position f tives. would have given up, but not Melissa. THE 250TH ANNIVERSARY OF Linda Kurz, was listed as one of the Melissa was relentless in pushing HAMPSHIRE COUNTY top female directors in Missouri Hos- Claire, her mother, to establish the ∑ pital Association Newsletter, Summer New Jersey Chapter of the Dystonia Mr. ROCKEFELLER. Mr. President, 2003 Edition and in Who’s Who Among Medical Research Foundation, DMRF. on this 3rd day of June, in the year Top Executives in 1998–1999 and during The chapter today holds many events 2004, I am honored to commemorate her tenure as Director St. Louis VA to raise funds for dystonia research and the 250th birthday of Hampshire Coun- Medical Center was recognized in 1999, promotes awareness of dystonia. When- ty. This historically and culturally with the Vice-Presidential ‘‘Hammer ever Claire became depressed or under- rich county showcases the best of West and Scissors’’ award for her efforts in standably overcome with distress, Me- Virginia, and I am very proud to rep- piloting the first Department of Vet- lissa would gently prod her along and resent the citizens of this great county. erans Affairs Canteen Integration. remind her of their mission together as Hampshire County has a vibrant his- During her tenure at the St. Louis a family. Melissa was the only child of tory beginning in the early 1700s, when VA, Linda has worked tirelessly to im- Claire and August Centrella. I would tradesmen and hunters eager to begin a prove access to care for veterans and like to salute Claire Centrella and her new life settled in the beautiful wilder- opened three health clinics; she sup- family for picking up the mantle and ness. Settlers, such as John and Job ported her employees by providing edu- running with it in memory of Melissa. Pearsall, built houses in the area that cational opportunities for mid-level Melissa’s body lost its battle; how- would become known as Romney which managers through programs such as ever, her soul battles on in her mother has served as the county seat since mini-MBA and she promoted an open and the New Jersey Chapter to improve 1762—some 200-plus years, which is policy, communicating with staff at all the quality of life for others with longer than Washington, DC has served levels by establishing employee and su- dystonia. Melissa Centrella’s memory as our capital city. pervisory forums. will live on in those of us she touched The history of Hampshire County en- Linda Kurz will retire after 37 years and in those who share her mission. compasses many of the great conflicts of government service, having devoted Melissa will never be forgotten, and her in our Nation’s early history. It was countless hours and years to the wel- mission will continue through her fam- the turmoil of the French and Indian fare of the American Veterans.∑ ily’s and friends’ hard work and deter- War that prevented official organization of the county in 1757, despite ac- f mination.∑ ∑ Mr. LAUTENBERG. Mr. President, I tual creation several years earlier. In TRIBUTE TO MELISSA CENTRELLA rise today to pay tribute and to re- 1794, men from Hampshire County serv- ∑ Mr. CORZINE. Mr. President, today I member a courageous young lady from ing under GEN Daniel Morgan took wish to recognize and to remember an New Jersey, Ms. Melissa Anne part in overcoming the Whiskey Rebel- extraordinarily courageous young lady Centrella. Sadly, Melissa passed away 2 lion. These brave men volunteered to from New Jersey, Ms. Melissa Anne years ago, at the age of 25, from com- quell the rebellion. The county also en- Centrella. It is with great sadness that plications due to a disease known as dured the Civil War, and was fre- I inform you that Melissa passed away dystonia. Much of Melissa’s short life quently occupied by either Confederate 2 years ago. She was 25 years old when was dedicated to battling dystonia, or Union Armies. In fact, according to she died. In Melissa’s short time here which affects more than 300,000 people surviving records, Romney changed on Earth she displayed an uncommon in North America. hands at least 56 times which is more grace and dignity which we all should Melissa was diagnosed at an early frequently than any other city during emulate. age with dystonia, which is the third the Civil War except for Winchester, As a child, Melissa was like every most common movement disorder after VA. young girl—she was cheerful, she loved Parkinson’s disease and tremor. This Only a few years later, in 1870, Hamp- her parents, and she loved to dance. neurological disease is characterized shire County became home to the State However, Melissa was diagnosed at an by powerful and painful involuntary School for the Deaf and Blind through early age with the rare disorder called muscle spasms that cause twisting of the efforts of Professor H.H. Johnson. dystonia. Dystonia is a neurological the body, repetitive muscle movements The Romney Literary Society donated disorder characterized by powerful and and sustained postural deformities. Al- several buildings and land for the painful involuntary muscle spasms though she endured many painful med- school, which was crucial to the deci- that cause twisting of the body, repet- ical procedures to treat her dystonia, sion regarding the school’s location in itive muscle movements, and sustained Melissa never once complained. In- Romney. The school now serves over postural deformities. Melissa lived stead, she became a part of the effort 275 students on the 40-acre campus, and with the constant pain of dystonia for to find a cure for dystonia, so no one plays an integral role in the commu- 18 years. As the years passed, Melissa’s else would have to experience the pain nity. life became more and more con- she suffered in her short life. Today, Hampshire County continues strained. She was eventually confined Along with her mother Claire, Me- to be a great asset to the State of West to a wheelchair and then bedridden. lissa worked relentlessly to establish Virginia and our country. Hampshire Melissa passed away from complica- the New Jersey Chapter of the County remains a pristine example of tions of this disorder. Dystonia Medical Research Founda- West Virginia’s natural beauty. Its Melissa endured many painful med- tion. The chapter today holds many many rivers and streams flow through ical procedures to assess and attempt events to raise funds for dystonia re- the county and provide residents and to treat dystonia. She suffered through search and promotes awareness of visitors alike with recreational and

VerDate May 21 2004 04:30 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.092 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6447 fishing opportunities. An area along spent the majority of his Marine Corps Sam was widely recognized as a de- the South Branch of the Potomac career in the aviation field. He started fender of the environment. In 1975, he River, known as the Trough, is visited as a second lieutenant with the 2nd proactively banned the use of harmful frequently by those hoping to view the Marine Aircraft Wing and continued to CFCs in aerosol products 3 years before bald eagles that occupy the area. Ice rise through the ranks. He went on to the U.S. banned the ozone-harming Mountain is another excellent location become the commanding officer of Ma- substances. He served as chairman of to observe eagles and the beautiful rine Aviation Logistics Squadron 26. the board for the Nature Conservancy, West Virginia scenery viewed from its Under his superb leadership, that to which he donated $1 million in 1994 peak. Ice Mountain contains small squadron won the wing’s ‘‘Squadron of and later donated 18,000 acres in Brazil. caves where ice can be found through- the Year’’ award for three consecutive In 1993, Fortune Magazine called him out the hot summer days. Hampshire years. The commandant also recog- ‘‘corporate America’s leading environ- County is a fine example of all West nized his squadron with the Marine mentalist.’’ Virginia has to offer—its sense of his- Corps Quality Improvement Award for A few years ago, I had the distinct tory and culture, its fine citizens, and Excellence. pleasure of participating in a project its natural beauty. Lieutenant Colonel Brown is a undertaken by Sam, as well as Fisk Since its beginning, courageous set- learned, professional marine, as evi- and Curt Johnson, two of his children. tlers, who returned time and again to denced by his attendance at the School Sam and his sons took their piloting Hampshire County, laid the foundation of Advanced Warfare, and the Marine skills to Brazil to recreate and docu- that is now a well-known trait of all Corps Command and Staff College. Fur- ment a flight made by Sam’s father, West Virginians—loyalty to the State ther, he is a well-rounded, native Geor- Herbert, in 1935, while searching for they love. I am proud to recognize gian who willingly serves his fellow carnauba palm wax in Brazil. The docu- Hampshire County, WV, on its 250th man. While assigned as the special as- mentary that resulted from the trip ∑ anniversary. sistant to the Assistant Secretary of was a moving testimony to Sam’s own f the Navy for Manpower and Reserve troubles with alcoholism and distant TRIBUTE TO LIEUTENANT Affairs, he was awarded the Roy Wil- relationship with his father. The film COLONEL WILLIE J. BROWN kins Distinguished Service Award by earned national attention and helped ∑ Mr. MILLER. Mr. President, it is my the NAACP. This award is granted each people across the country deal with pleasure to honor an extraordinary ma- year to one marine who has made per- their own problems with alcohol. I was rine, LTC Willie J. Brown. Lieutenant sonal sacrifices resulting in significant deeply honored when I was asked to Colonel Brown has served for 29 years, contributions in the areas of civil and help host a screening of this incredible 4 months and 4 days in service to our human rights. film. Nation. He began his military service As a leader of marines, Lieutenant That documentary was just one of as an ensign in the Navy and later Colonel Brown has made a lasting con- the many achievements for which Sam earned a commission as a second lieu- tribution to the Marine Corps and will Johnson will be remembered and just tenant in the U.S. Marine Corps. He be sorely missed by those who have had one of the many reasons he will be so has served in times of war and peace, the opportunity to serve with him. I deeply missed. I know that I am grate- and throughout he has given a full join with his friends and family as he ful for his lasting contributions to the measure, as marines are renowned for celebrates this richly deserved retire- State of Wisconsin, and for his unwav- doing. His awards include the Meri- ment. I wish him, his wife Cynthia, and ering commitment to the communities ∑ torious Service Medal, Navy and Ma- their family my best as he enjoys every and causes he served so well. rine Corps Achievement Medal, the day of this new journey. Semper f Fidelis.∑ Joint Meritorious Unit Award, a Meri- REPORT TO CONGRESS CON- torious Unit Commendation, the Na- f CERNING THE EXTENSION OF tional Defense Service Medal with two SAMUEL JOHNSON WAIVER AUTHORITY FOR THE stars, and the Sea Service Deployment ∑ Mr. FEINGOLD. Mr. President, I REPUBLIC OF BELARUS—PM 81 Ribbon. During Lieutenant Colonel Brown’s wish to pay tribute to the life of Sam- The PRESIDING OFFICER laid be- last active duty assignment, he served uel Johnson, an environmental cham- fore the Senate the following message as a legislative liaison officer in the pion, an inspired business leader and from the President of the United Marine Corps’ Office of Legislative Af- one of Wisconsin’s greatest philan- States, together with an accompanying fairs. That office supports Members of thropists. report; which was referred to the Com- Congress and the congressional com- Sam Johnson, who passed away on mittee on Finance: mittees on issues relating to the Ma- May 22, 2004, was known internation- To the Congress of the United States: rine Corps and the security of our Na- ally for taking his 118-year-old family I hereby transmit the document re- tion. In this position, Colonel Brown business called Johnson Wax and turn- ferred to in subsection 402(d)(1) of the played a vital role in ensuring that re- ing it into the consumer products Trade Act of 1974 (the ‘‘Act’’), as sponses to all inquiries and congres- giant, SC Johnson & Son, Inc. Sam was amended, with respect to the continu- sional requests for information and in- as generous as he was successful. He ation of a waiver of application of sub- quiries were provided quickly, accu- was beloved by his home community of sections (a) and (b) of section 402 of the rately, and completely; thereby, allow- Racine as well as the entire State of Act to the Republic of Belarus. This ing Members of this body the ability to Wisconsin for his generous donations document constitutes my recommenda- readily address issues of national im- to the communities where he did busi- tion to continue this waiver for a fur- portance. ness, and to the long list of organiza- ther 12-month period and includes my Some of Lieutenant Colonel Brown’s tions and causes that he served. Sam’s determination that continuation of the many responsibilities included expert generosity was instrumental in revital- waiver currently in effect for Belarus preparation of Marine Corps leadership izing his home community of Racine. will substantially promote the objec- for congressional testimony on high-in- After attending Cornell and Harvard, tives of section 402 of the Act, and my terest military programs and assisting Sam served as an Air Force intel- reasons for such determination. Members on congressional travel to ligence officer. When Sam returned to GEORGE W. BUSH. visit military installations throughout Wisconsin, he joined the family busi- THE WHITE HOUSE, June 3, 2004. the continental United States. His at- ness, helping make products like f tention to detail in all matters was un- Pledge and Glade household names. surpassed, and his complete grasp of Sam became the fourth generation to REPORT TO CONGRESS CON- the facets of naval warfare helped to take over the family business in 1966 CERNING THE EXTENSION OF ensure a bright future for our Marine and helped it grow into four global WAIVER AUTHORITY FOR VIET- Corps. businesses employing over 28,000 people NAM—PM 83 Prior to joining the Office of Legisla- before retiring in 2000 and leaving the The PRESIDING OFFICER laid be- tive Affairs, Lieutenant Colonel Brown business to a fifth generation. fore the Senate the following message

VerDate May 21 2004 04:30 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.095 S03PT1 S6448 CONGRESSIONAL RECORD — SENATE June 3, 2004 from the President of the United current resolution, in which it requests The message further announced that States, together with an accompanying the concurrence of the Senate: the House disagree to the amendment report; which was referred to the Com- H. Con. Res. 413. Concurrent resolution of the Senate to the bill (H.R. 3550) to mittee on Finance: honoring the contributions of the women, authorize funds for Federal-aid high- To the Congress of the United States: symbolized by ‘‘Rosie the Riveter’’, who ways, highway safety programs, and I hereby transmit the document reserved on the homefront during World War transit programs, and for other pur- II, and for other purposes. ferred to in subsection 402(d)(1) of the poses, and agree to the conference Trade Act of 1974 (the ‘‘Act’’), as The message further announced that asked by the Senate on the disagreeing amended, with respect to the continu- the House agree to the amendment of votes of the two Houses thereon; and ation of a waiver of application of sub- the Senate to the bill (H.R. 1086) to en- appoints the following members as the sections (a) and (b) of section 402 of the courage the development and promul- managers of the conference on the part Act to Vietnam. This document con- gation of voluntary consensus stand- of the House: From the Committee on stitutes my recommendation to con- ards by providing relief under the anti- Transportation and Infrastructure, for tinue in effect this waiver for a further trust laws to standards development consideration of the House bill (except 12-month period and includes my deter- organizations with respect to conduct title IX) and the Senate amendment mination that continuation of the engaged in for the purpose of devel- (except title V), and modifications waiver currently in effect for Vietnam oping voluntary consensus standards, committed to conference: Messrs. will substantially promote the objec- and for other purposes. YOUNG of Alaska, PETRI, BOEHLERT, COBLE, DUNCAN, MICA, HOEKSTRA, tives of section 402 of the Act, and my The message also announced that the EHLERS, BACHUS, LATOURETTE, GARY G. reasons for such determination. Speaker has signed the following enrolled joint resolution: MILLER of California, REHBERG, GEORGE W. BUSH. EAUPREZ BERSTAR AHALL IPIN THE WHITE HOUSE, June 3, 2004. S.J. Res. 28. Joint resolution recognizing B , O , R , L - the 60th anniversary of the Allied landing at SKI, DEFAZIO, COSTELLO, Ms. NORTON, f Normandy during World War II. Messrs. NADLER, MENENDEZ, Ms. REPORT TO CONGRESS CON- The enrolled joint resolution was CORRINE BROWN of Florida, Mr. FILNER, CERNING THE EXTENSION OF signed subsequently by the President and Ms. EDDIE BERNICE JOHNSON of WAIVER AUTHORITY FOR pro tempore (Mr. STEVENS). Texas. TURKMENISTAN—PM 82 From the Committee on the Budget, The PRESIDING OFFICER laid be- At 6:00 p.m., a message from the for consideration of sections 8001–8003 fore the Senate the following message House of Representatives, delivered by of the House bill, and title VI of the from the President of the United Mr. Hays, one of its reading clerks, an- Senate amendment, and modifications States, together with an accompanying nounced that the House has passed the committed to conference: Messrs. report; which was referred to the Com- following bills, in which it requests the NUSSLE, SHAYS, and SPRATT. mittee on Finance: concurrence of the Senate: From the Committee on Education H.R. 444. An act to amend the Workforce and the Workforce, for consideration of To the Congress of the United States: sections 1602 and 3030 of the House bill, I hereby transmit the document re- Investment Act of 1998 to establish a Per- sonal Reemployment Accounts grant pro- and sections 1306, 3013, 3032, and 4632 of ferred to in subsection 402(d)(1) of the gram to assist Americans in returning to the Senate amendment, and modifica- Trade Act of 1974 (the ‘‘Act’’), as work; to reauthorize title II of the Higher tions committed to conference: Mr. amended, with respect to the continu- Education Act of 1965; to amend Title VII of BALLENGER, Mrs. BIGGERT, and Mr. the Higher Education Act of 1965 to ensure ation of a waiver of application of sub- GEORGE MILLER of California. sections (a) and (b) of section 402 of the graduate opportunities in postsecondary edu- From the Committee on Energy and cation; and for other purposes; to the Com- Act to Turkmenistan. This document Commerce, for consideration of provi- constitutes my recommendation to mittee on Health, Education, Labor, and Pensions. sions in the House bill and Senate continue this waiver for a further 12- H.R. 3866. An act to amend the Controlled amendment relating to Clean Air Act month period and includes my deter- Substances Act to provide increased pen- provisions of transportation planning mination that continuation of the alties for anabolic steroid offenses near contained in section 6001 of the House waiver currently in effect for sports facilities, and for other purposes. bill, and sections 3005 and 3006 of the Turkmenistan will substantially pro- H.R. 4478. An act to provide for an addi- Senate amendment; and sections 1202, mote the objectives of section 402 of tional temporary extension of programs 1824, 1828, and 5203 of the House bill, under the Small Business Act and the Small the Act, and my reasons for such deter- and sections 1501, 1511, 1522, 1610–1619, mination. Business Investment Act of 1958 through July 23, 2004, and for other purposes. 3016, 3023, 4108, 4151, 4152, 4155–4159, 4162, GEORGE W. BUSH. 4172, 4173, 4424, 4481, 4482, 4484, 4662, 8001, The message also announced that the THE WHITE HOUSE, June 3, 2004. and 8002 of the Senate amendment, and House disagrees to the amendment of f modifications committed to con- the Senate to the bill (H.R. 1261) to en- ference: Messrs. BARTON of Texas, PICK- MESSAGES FROM THE HOUSE hance the workforce investment sys- ERING, and DINGELL. At 11:17 a.m., a message from the tem of the Nation by strengthening From the Committee on Government House of Representatives, delivered by one-stop career centers, providing for Reform, for consideration of section Mr. Chiappardi, announced that the more effective governance arrange- 1802 of the Senate amendment, and House has passed the following joint ments, promoting access to a more modifications committed to con- resolution, without amendment: comprehensive array of employment, ference: Messrs. TOM DAVIS of Virginia, S.J. Res. 28. Joint resolution recognizing training, and related services, estab- SCHROCK, and WAXMAN. the 60th anniversary of the Allied landing at lishing a targeted approach to serving From the Committee on the Judici- Normandy during World War II. youth, arid improving performance ac- ary, for consideration of sections 1105, countability, and for other purposes At 12:19 p.m., a message from the 1207, 1602, 1812, 2011, 3023, 4105, 4108, 4201, and asks for a conference with the Sen- House of Representatives, delivered by 4202, 4204, 5209, 5501, 6001, 6002, 7012, ate on the disagreeing votes of the two Ms. Niland, one of its reading clerks, 7019–7022, and 7024 of the House bill, and Houses thereon; and appoints the fol- announced that the House has passed sections 1512, 1513, 1802, 3006, 3022, 3030, lowing members as the managers of the the following bills, in which it requests 4104, 4110, 4174, 4226, 4231, 4234, 4265, 4307, conference on the part of the House: the concurrence of the Senate: 4308, 4315, 4424, 4432, 4440–4442, 4445, 4447, From the committee on Education and H.R. 3908. An act to provide for the convey- 4462, 4463, 4633, and 4661 of the Senate ance of the real property located at 1081 West the Workforce, for consideration of the amendment, and modifications com- Main Street in Ravenna, Ohio. House bill and the Senate amendment, mitted to conference: Messrs. SENSEN- H.R. 4109. An act to allow seniors to file and modifications committed to con- BRENNER, SMITH of Texas, and CONYERS. their Federal income tax on a new Form ference: Mr. BOEHNER, Mr. PETRI, Mr. From the Committee on Resources, 1040S. MCKEON, Mr. CASTLE, Mr. ISAKSON, Mr. for consideration of sections 1117, 3021, The message also announced that the PORTER, Mr. KILDEE, Mr. HINOJOSA, Mr. 6002, and 6003 of the House bill, and sec- House has agreed to the following con- TIERNEY, and Ms. MCCOLLUM. tions 1501, 1502, 1505, 1511, 1514, 1601,

VerDate May 21 2004 03:38 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.056 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6449 1603, 3041, and 4521–4528 of the Senate sented to the President of the United operative Agreement Handbook—Certifi- amendment, and modifications com- States the following enrolled joint res- cations, Disclosures, and Assurances’’ mitted to conference: Messrs. POMBO, olution: (RIN2700–AC96) received on June 1, 2004; to the Committee on Commerce, Science, and GIBBONS, and KIND. S.J. Res. 28. Joint resolution recognizing Transportation. From the Committee on Rules, for the 60th anniversary of the Allied landing at EC–7748. A communication from the Assist- consideration of sections 8004 and 8005 Normandy during World War II. ant Secretary for Export Administration, of the House bill, and modifications f Bureau of Industry and Security, Depart- committed to conference: Messrs. EXECUTIVE AND OTHER ment of Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Revi- DREIER, SESSIONS, and FROST. COMMUNICATIONS From the Committee on Science, for sions to the Export Administration Regula- consideration of sections 2001, 3013, The following communications were tions Based on the 2003 Missile Technology laid before the Senate, together with Control Regime Plenary Agreements’’ 3015, 3034, 4112, and title V of the House (RIN0694–AD01) received on June 1, 2004; to bill, and title II, sections 3014, 3015, accompanying papers, reports, and documents, and were referred as indicated: the Committee on Commerce, Science, and 3037, 4102, 4104, 4237, and 4461 of the Sen- Transportation. ate amendment, and modifications EC–7740. A communication from the Chair- EC–7749. A communication from the Chair, committed to conference: Messrs. man, Federal Maritime Commission, trans- National Oceanographic Partnership Pro- mitting, pursuant to law, the report of a rule GILCHREST, NEUGEBAUER, and GORDON. gram, transmitting, pursuant to law, the entitled ‘‘Optional Rider for Proof of Addi- Program’s March 2004 Annual Report; to the From the Committee on Ways and tional NVOCC Financial Responsibility’’ Means, for consideration of title IX of Committee on Commerce, Science, and (FMC Doc. No. 04–02) received on June 1, 2004; Transportation. the House bill, and title V of the Sen- to the Committee on Commerce, Science, EC–7750. A communication from the Assist- ate amendment, and modifications to and Transportation. ant Secretary for Export Administration, conference: Messrs. THOMAS, MCCRERY, EC–7741. A communication from the Assist- Bureau of Industry and Security, Depart- and RANGEL. ant Administrator for Procurement, Na- ment of Commerce, transmitting, pursuant For consideration of the House bill tional Aeronautics and Space Administra- to law, the report of a rule entitled ‘‘Protec- tion, transmitting, pursuant to law, the re- tive Equipment Export Licensing Jurisdic- and Senate amendment, and modifica- port of a rule entitled ‘‘Re-issuance of the tions committed to conference: Mr. tion’’ (RIN0694–AC64) received on June 1, NASA FAR Supplement Subchapters A and 2004; to the Committee on Commerce, DELAY. B Consistent with the Federal Acquisition Science, and Transportation. f Regulations System Guidance and Policy’’ EC–7751. A communication from the Sec- (RIN2700–AC65) received on June 1, 2004; to MEASURES REFERRED retary of Transportation, transmitting, pur- the Committee on Commerce, Science, and suant to law, the Nineteenth Annual Report The following bills were read the first Transportation. of Accomplishments under the Airport Im- and second times by unanimous con- EC–7742. A communication from the Assist- provement Program (AIP) for Fiscal Year sent, and referred as indicated: ant Administrator for Procurement, Na- 2003; to the Committee on Commerce, tional Aeronautics and Space Administra- Science, and Transportation. H.R. 444. An act to amend the Workforce tion, transmitting, pursuant to law, the re- EC–7752. A communication from the Direc- Investment Act of 1998 to establish a Per- port of a rule entitled ‘‘Government Prop- tor, Office of Surface Mining, Department of sonal Reemployment Accounts grant pro- erty—Instructions for Preparing NASA Form the Interior, transmitting, pursuant to law, gram to assist Americans in returning to 1018’’ (RIN2700–AC73) received on June 1, 2004; the report of a rule entitled ‘‘Iowa Regu- work; to reauthorize title II of the Higher to the Committee on Commerce, Science, latory Program’’ (IA–013–FOR) received on Education Act of 1965; to amend title VII of and Transportation. June 1, 2004; to the Committee on Energy the Higher Education Act of 1965 to ensure EC–7743. A communication from the Acting and Natural Resources. graduate opportunities in postsecondary edu- Director, Office of Sustainable Fisheries, Na- EC–7753. A communication from the Direc- cation; and for other purposes; to the Com- tional Marine Fisheries Service, transmit- tor, Office of Surface Mining, Department of mittee on Health, Education, Labor, and ting, pursuant to law, the report of a rule en- the Interior, transmitting, pursuant to law, Pensions. titled ‘‘Closing Directed Fishing for Ground- the report of a rule entitled ‘‘Clarification of H.R. 3908. An act to provide for the convey- fish with Non-Pelagic Trawl Gear in the Red Substituted Federal Enforcement for Parts ance of the real property located at 1081 West King Crab Savings Subarea (RKCSS) of the of Missouri’s Permanent Regulatory Pro- Main Street in Ravenna, Ohio; to the Com- Bering Sea and Aleutian Islands Manage- gram and Findings on the Status of Mis- mittee on Health, Education, Labor, and ment Area’’ received on June 1, 2004; to the souri’s Permanent Regulatory Program; Cor- Pensions. Committee on Commerce, Science, and rection’’ received on June 1, 2004; to the H.R. 3866. An act to amend the Controlled Transportation. Committee on Energy and Natural Re- Substances Act to provide increased pen- EC–7744. A communication from the Assist- sources. alties for anabolic steroid offenses near ant Administrator for Procurement, Na- EC–7754. A communication from the Chair- sports facilities, and for other purposes; to tional Aeronautics and Space Administra- man, Inland Waterways Users Board, trans- the Committee on the Judiciary. tion, transmitting, pursuant to law, the re- mitting, pursuant to law, a report relative to H.R. 4109. An act to allow seniors to file port of a rule entitled ‘‘NASA Grant and Co- the investment priorities of the Inland and their Federal income tax on a new Form operative Agreement Handbook—Grant and Intracoastal Waterway transportation indus- 1040S; to the Committee on Finance. Cooperative Agreement Announcement try; to the Committee on Environment and f Numbering’’ (RIN2700–AC98) received on Public Works. June 1, 2004; to the Committee on Commerce, MEASURES PLACED ON THE EC–7755. A communication from the Ad- Science, and Transportation. ministrator, Environmental Protection CALENDAR EC–7745. A communication from the Assist- Agency, transmitting, pursuant to law, a re- The following concurrent resolution ant Administrator for Procurement, Na- port relative to the Agency’s Fiscal Year was read, and placed on the calendar: tional Aeronautics and Space Administra- 2001 implementation of the Waste Isolation tion, transmitting, pursuant to law, the re- Pilot Plant (WIPP) Land Withdrawal Act H. Con. Res. 413. Concurrent resolution port of a rule entitled ‘‘Re-Issuance of NASA (LWA); to the Committee on Environment honoring the contributions of the women, FAR Supplement Parts 1813 through 1817’’ and Public Works. symbolized by ‘‘Rosie the Riveter’’, who (RIN2700–AC83) received on June 1, 2004; to EC–7756. A communication from the Ad- served on the homefront during World War the Committee on Commerce, Science, and ministrator, General Services Administra- II, and for other purposes. Transportation. tion, transmitting, pursuant to law, a report f EC–7746. A communication from the Assist- relative to a lease prospectus for the Depart- MEASURES READ THE FIRST TIME ant Administrator for Procurement, Na- ment of the Navy in Northern Virginia; to tional Aeronautics and Space Administra- the Committee on Environment and Public The following bill was read the first tion, transmitting, pursuant to law, the re- Works. time: port of a rule entitled ‘‘Re-issuance of NASA EC–7757. A communication from the Dep- S. 2498. A bill to provide for a 10-year ex- FAR Supplement Subchapter D’’ (RIN2700– uty Associate Administrator, Environmental tension of the assault weapons ban. AC84) received on June 1, 2004; to the Com- Protection Agency, transmitting, pursuant mittee on Commerce, Science, and Transpor- to law, the report of a rule entitled ‘‘Na- f tation. tional Primary Drinking Water Regulations: ENROLLED JOINT RESOLUTION EC–7747. A communication from the Assist- Analytical Method for Uranium’’ (FRL7668–9) PRESENTED ant Administrator for Procurement, Na- received on June 1, 2004; to the Committee tional Aeronautics and Space Administra- on Environment and Public Works. The Secretary of the Senate reported tion, transmitting, pursuant to law, the re- EC–7758. A communication from the Dep- that on today, June 3, 2004, she had pre- port of a rule entitled ‘‘NASA Grant and Co- uty Associate Administrator, Environmental

VerDate May 21 2004 04:30 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.066 S03PT1 S6450 CONGRESSIONAL RECORD — SENATE June 3, 2004 Protection Agency, transmitting, pursuant tion Act of 2004’’; to the Committee on Envi- partment of State, transmitting, pursuant to to law, the report of a rule entitled ‘‘Rule- ronment and Public Works. law, a report relative to methods employed making on Section 126 Petitions from New EC–7767. A communication from the Chair- by the Government of Cuba to comply with York and Connecticut Regarding Sources in man, Nuclear Regulatory Commission, trans- the United States-Cuba September 1994 Michigan; Revision of Definition of Applica- mitting, pursuant to law, a report relative to ‘‘Joint Communique’’; to the Committee on ble Requirement for Title V Operating Per- Fiscal Year 2003 Competitive Sourcing Ef- Foreign Relations. forts; to the Committee on Environment and mit Programs’’ (FRL7669–6) received on June f 1, 2004; to the Committee on Environment Public Works. and Public Works. EC–7768. A communication from the Chair- REPORTS OF COMMITTEES EC–7759. A communication from the Dep- man, Nuclear Regulatory Commission, trans- uty Associate Administrator, Environmental mitting, pursuant to law, a report relative to The following reports of committees Protection Agency, transmitting, pursuant the Commission’s licensing and regulatory were submitted: to law, the report of a rule entitled ‘‘Ap- duties; to the Committee on Environment By Mr. HATCH, from the Committee on proval and Promulgation Implementation and Public Works. the Judiciary, with an amendment in the na- Plans; Illinois’’ (FRL7666–1) received on June EC–7769. A communication from the Dep- ture of a substitute: 1, 2004; to the Committee on Environment uty Associate Administrator, Environmental S. 1129. A bill to provide for the protection and Public Works. Protection Agency, transmitting, two docu- of unaccompanied alien children, and for EC–7760. A communication from the Dep- ments related to the Agency’s programs; to other purposes. uty Associate Administrator, Environmental the Committee on Environment and Public By Mr. HATCH, from the Committee on Protection Agency, transmitting, pursuant Works. the Judiciary, without amendment: to law, the report of a rule entitled ‘‘Ap- EC–7770. A communication from the Acting S. 1887. A bill to amend the Controlled Sub- proval and Promulgation of Implementation Director, Fish and Wildlife Service, Depart- stances Act to lift the patient limitation on Plans for California—San Joaquin Valley ment of the Interior, transmitting, pursuant prescribing drug addiction treatments by PM–10 Nonattainment Area; Serious Area to law, the report of a rule entitled ‘‘With- medical practitioners in group practices. Plan for Attainment of the 24–Hour and An- drawal of Regulations Governing Incidental S. 2363. A bill to revise and extend the Boys nual PM–10 Standards’’ (FRL7663–8) received Take Permit Revocation’’ (RIN1018–AT64) re- and Girls Clubs of America. on June 1, 2004; to the Committee on Envi- ceived on May 20, 2004; to the Committee on By Mr. HATCH, from the Committee on ronment and Public Works. Environment and Public Works. the Judiciary, without amendment and with EC–7761. A communication from the Dep- EC–7771. A communication from the Acting a preamble: uty Associate Administrator, Environmental Chief, Publications and Regulations Branch, S. Con. Res. 5. A concurrent resolution ex- Protection Agency, transmitting, pursuant Internal Revenue Service, transmitting, pur- pressing the support for the celebration in to law, the report of a rule entitled ‘‘Ap- suant to law, the report of a rule entitled 2004 of the 150th anniversary of the Grand proval and Promulgation of State Air Qual- ‘‘Coordinated Issue: Foreign Sales Corpora- Excursion of 1854. ity Plans for Designated Facilities and Pol- tions—Advance Payment Transactions’’ re- lutants, Commonwealth of Virginia; Control ceived on June 1, 2004; to the Committee on f of Emissions from Commercial and Indus- Finance. INTRODUCTION OF BILLS AND trial Solid Waste Incinerator Units’’ EC–7772. A communication from the Acting JOINT RESOLUTIONS (FRL7666–5) received on June 1, 2004; to the Chief, Publications and Regulations Branch, Committee on Environment and Public Internal Revenue Service, transmitting, pur- The following bills and joint resolu- Works. suant to law, the report of a rule entitled tions were introduced, read the first EC–7762. A communication from the Dep- ‘‘Uniform Capitalization of Interest Expense and second times by unanimous con- uty Associate Administrator, Environmental in Safe Harbor Sale and Leaseback Trans- sent, and referred as indicated: Protection Agency, transmitting, pursuant actions’’ (RIN1545–BB62) received on June 1, to law, the report of a rule entitled ‘‘Final 2004; to the Committee on Finance. By Mrs. DOLE (for herself, Mr. DODD, Determination To Extend Deadline for Pro- EC–7773. A communication from the Com- Mr. LUGAR, and Mr. ALEXANDER): mulgation of Action on Section 126 Petition missioner, Social Security Administration, S. 2494. A bill to amend the Internal Rev- From North Carolina’’ (FRL7667–3) received transmitting, pursuant to law, the 2004 An- enue Code of 1986 to provide a tax credit for on June 1, 2004; to the Committee on Envi- nual Report of the Supplemental Security the transportation of food for charitable pur- ronment and Public Works. Income Program; to the Committee on Fi- poses; to the Committee on Finance. EC–7763. A communication from the Dep- nance. By Mr. BREAUX: uty Associate Administrator, Environmental EC–7774. A communication from the Com- S. 2495. A bill to strike limitations on fund- Protection Agency, transmitting, pursuant missioner, Social Security Administration, ing and extend the period of authorization to law, the report of a rule entitled ‘‘Haz- transmitting, pursuant to law, a report rel- for certain coastal wetland conservation ardous Waste Management System; Identi- ative to Fiscal Year 2003 Sourcing Efforts; to projects; to the Committee on Environment fication and Listing of Hazardous Waste; the Committee on Finance. and Public Works. Proposed Exclusion’’ (FRL7667–5) received on EC–7775. A communication from the Acting By Mr. BAYH: June 1, 2004; to the Committee on Environ- Chief, Publications and Regulations Branch, S. 2496. A bill to provide for the relief of ment and Public Works. Internal Revenue Service, transmitting, pur- Helen L. O’Leary; to the Committee on EC–7764. A communication from the Dep- suant to law, the report of a rule entitled Armed Services. uty Associate Administrator, Environmental ‘‘Applicable Federal Rates—June 2004’’ (Rev. By Mr. LIEBERMAN: Protection Agency, transmitting, pursuant Rul. 2004–54) received on June 1, 2004; to the S. 2497. A bill to amend the securities laws to law, the report of a rule entitled ‘‘Interim Committee on Finance. to provide for enhanced mutual fund investor Final Determination that State Has Cor- EC–7776. A communication from the Acting protections, and for other purposes; to the rected a Deficiency in the California State Chief, Publications and Regulations Branch, Committee on Banking, Housing, and Urban Implementation Plan, Ventura County Air Internal Revenue Service, transmitting, pur- Affairs. Pollution Control District’’ (FRL7665–3) re- suant to law, the report of a rule entitled By Mrs. FEINSTEIN (for herself, Mr. ceived on June 1, 2004; to the Committee on ‘‘Information Reporting Regarding Royalties WARNER, Mr. SCHUMER, Mr. DEWINE, Environment and Public Works. Under Section 6050N’’ (Rev. Rul. 2004–46) re- Mr. LEVIN, Mr. CHAFEE, Mr. DODD, EC–7765. A communication from the Dep- ceived on June 1, 2004; to the Committee on Mr. JEFFORDS, Mrs. BOXER, Mrs. uty Associate Administrator, Environmental Finance. CLINTON, Mr. REED, and Mr. LAUTEN- Protection Agency, transmitting, pursuant EC–7777. A communication from the Acting BERG): to law, the report of a rule entitled ‘‘Revi- Chief, Publications and Regulations Branch, S. 2498. A bill to provide for a 10-year ex- sions to the California State Implementation Internal Revenue Service, transmitting, pur- tension of the assault weapons ban; read the Plan, E. Dorado County Air Pollution Con- suant to law, the report of a rule entitled first time. trol District, Feather River Air Quality ‘‘Title II Cost of Living Increases in Primary By Mr. TALENT: Management District, Kern County Air Pol- Insurance Amounts’’ (RIN0969–AF14) re- S. 2499. A bill to modify the boundary of lution Control District, Sacramento Metro- ceived on June 1, 2004; to the Committee on the Harry S Truman National Historic Site politan Air Quality Management District, Finance. in the State of Missouri, and for other pur- San Bernardino County Air Pollution Con- EC–7778. A communication from the Assist- poses; to the Committee on Energy and Nat- trol District, Santa Barbara County Air Pol- ant Secretary for Legislative Affairs, De- ural Resources. lution Control District, and Yolo-Soland Air partment of State, transmitting, pursuant to By Mr. LUGAR: Pollution Control District’’ (FRL7662–2) re- law, a report relative to methods employed S. 2500. A bill to amend the Foreign Assist- ceived on June 1, 2004; to the Committee on by the Government of Cuba to comply with ance Act of 1961 to provide assistance for or- Environment and Public Works. the United States-Cuba September 1994 phans and other vulnerable children in devel- EC–7766. A communication from the Sec- ‘‘Joint Communique’’; to the Committee on oping countries, and for other purposes; to retary of the Interior, transmitting, a draft Foreign Relations. the Committee on Foreign Relations. of proposed legislation entitled the ‘‘U.S.– EC–7779. A communication from the Assist- By Mr. SCHUMER (for himself and Russia Polar Bear Agreement Implementa- ant Secretary for Legislative Affairs, De- Mrs. CLINTON):

VerDate May 21 2004 04:30 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.060 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6451 S. 2501. A bill to designate the facility of (Ms. LANDRIEU) was added as a cospon- Service Act with respect to making the United States Postal Service located at sor of S. 1143, a bill to amend the Pub- progress toward the goal of eliminating 73 South Euclid Avenue in Montauk, New lic Health Service Act to direct the tuberculosis, and for other purposes. York, as the ‘‘Perry B. Duryea, Jr. Post Of- Secretary of Health and Human Serv- fice’’; to the Committee on Governmental S. 1630 Affairs. ices to establish, promote, and support At the request of Mrs. CLINTON, the By Mr. CRAIG: a comprehensive prevention, research, name of the Senator from California S. 2502. A bill to allow seniors to file their and medical management referral pro- (Mrs. BOXER) was added as a cosponsor Federal income tax on a new Form 1040S; to gram for hepatitis C virus infection. of S. 1630, a bill to facilitate nation- the Committee on Finance. S. 1292 wide availability of 2–1–1 telephone By Mr. KYL: service for information and referral S. 2503. A bill to make permanent the re- At the request of Ms. LANDRIEU, the duction in taxes on dividends and capital name of the Senator from Ohio (Mr. services, and for other purposes. gains; to the Committee on Finance. VOINOVICH) was added as a cosponsor of S. 1666 By Mr. COCHRAN (for himself, Mr. S. 1292, a bill to establish a servitude At the request of Mr. COCHRAN, the FRIST, and Mr. LEAHY): and emancipation archival research name of the Senator from Louisiana S.J. Res. 38. A joint resolution providing clearinghouse in the National Ar- (Ms. LANDRIEU) was added as a cospon- for the appointment of Eli Broad as a citizen chives. sor of S. 1666, a bill to amend the Pub- regent of the Board of Regents of the Smith- sonian Institution; to the Committee on S. 1379 lic Health Service Act to establish Rules and Administration. At the request of Mr. JOHNSON, the comprehensive State diabetes control and prevention programs, and for other f name of the Senator from Connecticut (Mr. LIEBERMAN) was added as a co- purposes. SUBMISSION OF CONCURRENT AND sponsor of S. 1379, a bill to require the S. 1748 SENATE RESOLUTIONS Secretary of the Treasury to mint At the request of Mr. DEWINE, the The following concurrent resolutions coins in commemoration of veterans name of the Senator from Vermont and Senate resolutions were read, and who became disabled for life while (Mr. LEAHY) was added as a cosponsor referred (or acted upon), as indicated: serving in the Armed Forces of the of S. 1748, a bill to establish a program By Mrs. DOLE (for herself and Mr. United States. to award grants to improve and main- HARKIN): S. 1411 tain sites honoring Presidents of the S. Con. Res. 114. A concurrent resolution At the request of Mr. CORZINE, his United States. concerning the importance of the distribu- name was added as a cosponsor of S. S. 1861 tion of food in schools to hungry or malnourished children around the world; considered 1411, a bill to establish a National At the request of Mr. LUGAR, the and agreed to. Housing Trust Fund in the Treasury of name of the Senator from Montana f the United States to provide for the de- (Mr. BAUCUS) was added as a cosponsor velopment of decent, safe, and afford- of S. 1861, a bill to provide a framework ADDITIONAL COSPONSORS able housing for low-income families, for consideration by the legislative and S. 309 and for other purposes. executive branches of proposed unilat- At the request of Mrs. MURRAY, her S. 1428 eral economic sanctions in order to en- name was added as a cosponsor of S. At the request of Mr. MCCONNELL, sure coordination of United States pol- 309, a bill to enable the United States the name of the Senator from Nebraska icy with respect to trade, security, and to maintain its leadership in aero- (Mr. NELSON) was added as a cosponsor human rights. nautics and aviation by instituting an of S. 1428, a bill to prohibit civil liabil- S. 1900 initiative to develop technologies that ity actions from being brought or con- At the request of Mrs. MURRAY, her will significantly lower noise, emis- tinued against food manufacturers, name was added as a cosponsor of S. sions, and fuel consumption, to reinvig- marketers, distributors, advertisers, 1900, a bill to amend the African orate basic and applied research in aer- sellers, and trade associations for dam- Growth and Opportunity Act to expand onautics and aviation, and for other ages or injunctive relief for claims of certain trade benefits to eligible sub- purposes. injury resulting from a person’s weight Saharan African countries, and for S. 556 gain, obesity, or any health condition other purposes. At the request of Mrs. MURRAY, her related to weight gain or obesity. S. 1909 name was added as a cosponsor of S. S. 1476 At the request of Mr. COCHRAN, the 556, a bill to amend the Indian Health At the request of Mr. HARKIN, the names of the Senator from Montana Care Improvement Act to revise and names of the Senator from New Jersey (Mr. BURNS) and the Senator from Lou- extend that Act. (Mr. LAUTENBERG) and the Senator isiana (Ms. LANDRIEU) were added as S. 557 from Illinois (Mr. DURBIN) were added cosponsors of S. 1909, a bill to amend At the request of Ms. COLLINS, the as cosponsors of S. 1476, a bill to amend the Public Health Service Act to im- name of the Senator from Indiana (Mr. the Internal Revenue Code of 1986 to prove stroke prevention, diagnosis, BAYH) was added as a cosponsor of S. encourage investment in facilities treatment, and rehabilitation. 557, a bill to amend the Internal Rev- using wind to produce electricity, and S. 1934 enue Code of 1986 to exclude from gross for other purposes. At the request of Ms. LANDRIEU, the income amounts received on account of S. 1545 name of the Senator from Connecticut claims based on certain unlawful dis- At the request of Mr. HATCH, the (Mr. LIEBERMAN) was added as a co- crimination and to allow income aver- name of the Senator from Maine (Ms. sponsor of S. 1934, a bill to establish aging for backpay and frontpay awards COLLINS) was added as a cosponsor of S. and Office of Intercountry Adoptions received on account of such claims, and 1545, a bill to amend the Illegal Immi- within the Department of State, and to for other purposes. gration Reform and Immigrant Respon- reform United States laws governing S. 955 sibility Act of 1996 to permit States to intercountry adoptions. At the request of Mr. ALLEN, the determine State residency for higher S. 2015 name of the Senator from Louisiana education purposes and to authorize At the request of Ms. CANTWELL, the (Ms. LANDRIEU) was added as a cospon- the cancellation of removal and adjust- names of the Senator from New Mexico sor of S. 955, a bill to provide liability ment of status of certain alien students (Mr. BINGAMAN) and the Senator from protection to nonprofit volunteer pilot who are long-term United States resi- South Carolina (Mr. HOLLINGS) were organizations flying for public benefit dents. added as cosponsors of S. 2015, a bill to and to the pilots and staff of such orga- S. 1559 prohibit energy market manipulation. nizations. At the request of Mr. KENNEDY, the S. 2062 S. 1143 name of the Senator from Illinois (Mr. At the request of Mr. GRASSLEY, the At the request of Mrs. HUTCHISON, the DURBIN) was added as a cosponsor of S. name of the Senator from Ohio (Mr. name of the Senator from Louisiana 1559, a bill to amend the Public Health VOINOVICH) was added as a cosponsor of

VerDate May 21 2004 03:38 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.063 S03PT1 S6452 CONGRESSIONAL RECORD — SENATE June 3, 2004 S. 2062, a bill to amend the procedures At the request of Mr. SHELBY, his (Mr. HARKIN) and the Senator from Illi- that apply to consideration of inter- name was added as a cosponsor of S. nois (Mr. DURBIN) were added as co- state class actions to assure fairer out- 2363, supra. sponsors of S. 2461, a bill to protect the comes for class members and defend- At the request of Mr. HATCH, the public health by providing the Food ants, and for other purposes. names of the Senator from Virginia and Drug Administration with certain S. 2141 (Mr. ALLEN), the Senator from Mis- authority to regulate tobacco products. At the request of Mr. LUGAR, the sissippi (Mr. LOTT) and the Senator S. 2463 name of the Senator from Indiana (Mr. from Washington (Ms. CANTWELL) were At the request of Mr. BROWNBACK, the BAYH) was added as a cosponsor of S. added as cosponsors of S. 2363, supra. name of the Senator from Georgia (Mr. 2141, a bill to amend the Farm Security At the request of Mrs. HUTCHISON, her MILLER) was added as a cosponsor of S. and Rural Investment Act of 2002 to en- name was added as a cosponsor of S. 2463, a bill to terminate the Internal hance the ability to produce fruits and 2363, supra. Revenue Code of 1986. vegetables on soybean base acres. S. 2411 S. 2468 S. 2152 At the request of Ms. MURKOWSKI, her At the request of Ms. COLLINS, the At the request of Mr. MILLER, the name was added as a cosponsor of S. names of the Senator from New Jersey name of the Senator from Maine (Ms. 2411, a bill to amend the Federal Fire (Mr. LAUTENBERG) and the Senator COLLINS) was added as a cosponsor of S. Prevention and Control Act of 1974 to from Minnesota (Mr. COLEMAN) were 2152, a bill to amend title 10, United provide financial assistance for the im- added as cosponsors of S. 2468, a bill to States Code, to provide eligibility for provement of the health and safety of reform the postal laws of the United reduced non-regular service military firefighters, promote the use of life States. retired pay before age 60, and for other saving technologies, achieve greater S. CON. RES. 113 purposes. equity for departments serving large At the request of Mr. SMITH, the S. 2192 jurisdictions, and for other purposes. names of the Senator from Connecticut At the request of Mr. JOHNSON, his S. 2425 (Mr. DODD) and the Senator from Ar- name was added as a cosponsor of S. At the request of Mr. BYRD, the kansas (Mrs. LINCOLN) were added as 2192, a bill to amend title 35, United names of the Senator from South Caro- cosponsors of S. Con. Res. 113, a con- States Code, to promote cooperative lina (Mr. HOLLINGS) and the Senator current resolution recognizing the im- research involving universities, the from South Dakota (Mr. DASCHLE) were portance of early diagnosis, proper public sector, and private enterprises. added as cosponsors of S. 2425, a bill to treatment, and enhanced public aware- S. 2195 amend the Tariff Act of 1930 to allow ness of Tourette Syndrome and supporting the goals and ideals of National At the request of Mr. BIDEN, the for improved administration of new name of the Senator from New Jersey shipper administrative reviews. Tourette Syndrome Awareness Month. (Mr. LAUTENBERG) was added as a co- S. 2434 S. RES. 221 sponsor of S. 2195, a bill to amend the At the request of Mr. HATCH, the At the request of Mr. SARBANES, the Controlled Substances Act to clarify name of the Senator from New York name of the Senator from Missouri the definition of anabolic steroids and (Mr. SCHUMER) was added as a cospon- (Mr. TALENT) was added as a cosponsor to provide for research and education sor of S. 2434, a bill to establish the of S. Res. 221, a resolution recognizing activities relating to steroids and ster- Commission to Study the Potential National Historically Black Colleges oid precursors. Creation of a National Museum of the and Universities and the importance and accomplishments of historically S. 2214 American Latino Community to de- Black colleges and universities. At the request of Mr. BURNS, the velop a plan of action for the establish- name of the Senator from Montana ment and maintenance of a National S. RES. 330 (Mr. BAUCUS) was added as a cosponsor Museum of the American Latino Com- At the request of Mr. WYDEN, the of S. 2214, a bill to designate the facil- munity in Washington, D.C., and for name of the Senator from Maryland ity of the United States Postal Service other purposes. (Mr. SARBANES) was added as a cospon- located at 3150 Great Northern Avenue S. 2439 sor of S. Res. 330, a resolution express- in Missoula, Montana, as the ‘‘Mike At the request of Mrs. HUTCHISON, the ing the sense of the Senate that the Mansfield Post Office’’. names of the Senator from Illinois (Mr. President should communicate to the members of the Organization of Petro- S. 2236 FITZGERALD) and the Senator from leum Exporting Countries (‘OPEC’) car- At the request of Ms. CANTWELL, the Louisiana (Ms. LANDRIEU) were added tel and non-OPEC countries that par- name of the Senator from Arizona (Mr. as cosponsors of S. 2439, a bill to award ticipate in the cartel of crude oil pro- MCCAIN) was added as a cosponsor of S. a congressional gold medal to Michael ducing countries the position of the 2236, a bill to enhance the reliability of Ellis DeBakey, M.D. United States in favor of increasing the electric system. S. 2449 world crude oil supplies so as to At the request of Mr. DASCHLE, the S. 2353 achieve stable crude oil prices. RAIG names of the Senator from Washington At the request of Mr. C , the S. RES. 357 name of the Senator from Illinois (Mr. (Mrs. MURRAY), the Senator from Idaho (Mr. CRAIG) and the Senator from Ne- At the request of Mr. CAMPBELL, the DURBIN) was added as a cosponsor of S. names of the Senator from California 2353, a bill to reauthorize and amend braska (Mr. NELSON) were added as co- (Mrs. BOXER) and the Senator from the National Geologic Mapping Act of sponsors of S. 2449, a bill to require North Carolina (Mrs. DOLE) were added 1992. congressional renewal of trade and travel restrictions with respect to as cosponsors of S. Res. 357, a resolu- S. 2363 Cuba. tion designating the week of August 8 At the request of Mr. LEAHY, the through August 14, 2004, as ‘‘National S. 2451 names of the Senator from Maryland Health Center Week’’. At the request of Mr. DASCHLE, the (Mr. SARBANES), the Senator from f South Dakota (Mr. JOHNSON) and the name of the Senator from North Da- Senator from Florida (Mr. GRAHAM) kota (Mr. DORGAN) was added as a co- STATEMENTS ON INTRODUCED were added as cosponsors of S. 2363, a sponsor of S. 2451, a bill to amend the BILLS AND JOINT RESOLUTIONS bill to revise and extend the Boys and Agricultural Marketing Act of 1946 to By Mr. LIEBERMAN: Girls Clubs of America. restore the application date for coun- S. 2497. A bill to amend the securities At the request of Mr. NELSON of Flor- try of origin labeling. laws to provide for enhanced mutual ida, his name was added as a cosponsor S. 2461 fund investor protections, and for other of S. 2363, supra. At the request of Mr. DEWINE, the purposes; to the Committee on Bank- At the request of Mrs. MURRAY, her names of the Senator from Maine (Ms. ing, Housing, and Urban Affairs. name was added as a cosponsor of S. COLLINS), the Senator from Georgia Mr. LIEBERMAN. Mr. President, 2363, supra. (Mr. MILLER), the Senator from Iowa today I am introducing legislation that

VerDate May 21 2004 03:38 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.071 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6453 would bring needed changes to our fi- CORZINE and DODD in introducing S. same era and charged with protecting nancial markets so that the interests 1971, the Mutual Fund Investor Con- investors, adequately kept up with the of America’s small individual investors fidence Restoration Act. Both of these shifting makeup and needs of contem- are protected and defended. bills take on many of the significant porary investors. To its credit, the SEC The recent revelations about uneth- mutual fund problems that have come in recent months has made a number of ical and illegal practices in the mutual to light in recent months. Together, changes and proposals specifically to fund industry have been deeply dis- they bar late trading and discourage address the problems uncovered in the turbing—to me and to ordinary inves- market timing; reform mutual fund mutual fund industry, and in the 1990’s tors throughout the country. In No- governance rules to require that the it undertook a serious effort to ensure vember 2003, the Governmental Affairs chairman and 75 percent of board mem- that more securities documents were Committee’s Subcommittee on Finan- bers of mutual fund companies be inde- written in ‘‘plain English.’’ The Com- cial Management, the Budget, and pendent and strengthen the definition mission, however, has not accom- International Security heard testi- of independent; require far more exten- plished the more fundamental reorien- mony from the Director of the Securi- sive disclosure of fund fees and ex- tation that I believe is called for—and ties and Exchange Commission’s penses; and work to increase financial that indeed I did call for in the after- (SEC’s) Enforcement Division about a literacy. math of the Enron scandal—to an agen- survey of fund practices that the SEC But beyond these important, basic cy that does not merely regulate and had just completed. The survey found reforms, we need to craft new ap- punish the securities industry but af- that half of the largest 88 mutual funds proaches that address the changing na- firmatively and proactively seeks ways had permitted a practice called mar- ture of this country’s investor class. In to assist and protect ordinary inves- ket-timing, which allows some inves- the last two decades, a near-revolu- tors. tors to trade quickly in and out of the tionary expansion in the number of The Small Investor Protection Act funds, even though many of those funds people participating in the financial that I am introducing today would had explicit policies against such trad- markets has occurred. Since 1980, we’ve bring about these needed changes by ing because of its detrimental impact seen the share of U.S. households own- ensuring that the SEC is more rou- on other investors in the fund. The sur- ing mutual funds soar from less than 6 tinely attuned to the needs of average vey also found that a full one-quarter percent to nearly 50 percent in 2002. investors. In doing so, this bill serves of the brokerage firms it looked at in- The number of families owning stocks, as an important complement to, dicated that they had allowed certain directly or indirectly through funds, though surely not a replacement for, customers to engage in late-trading, an has increased 60 percent in the last fif- the other mutual fund reform legisla- illegal practice that allows favored in- teen years and, as of 2001, exceeded half tion I have cosponsored. And I am vestors to execute trades based on that of all families. Along with this phe- pleased that the bill has the support of day’s price after the market had nomenon, and contributing to it, we’ve the Consumer Federation of America, closed, when new information had seen individuals increasingly taking Fund Democracy, Inc., Public Citizen’s come to light. Perhaps most shocking, responsibility for investing their own Congress Watch, Consumer Action and the survey found that, in some cases, retirement money—a responsibility Consumers Union. fund company officials profited person- that was once entrusted to profes- To accomplish the goal of better pro- ally at the expense of their customers sionals . It used to be that employees tecting small investors, the bill would by market-timing their own funds. In a were typically enrolled in so-called take the following four steps: later hearing, we learned about the ‘‘defined benefit’’ pension plans that 1. Create a Division of the Investor. problem of excessive fees at some funds guaranteed them certain income and Too often in recent years, the interests and the fact that such fees may not be for which the employer took responsi- of ordinary investors have not seemed prominently disclosed to investors or, bility for investing the money prop- to be the driving force behind the Com- as is the case with some types of fees, erly. Now individuals are more fre- mission’s regulatory actions. Wall not disclosed at all. quently given responsibility for invest- Street’s representatives regularly meet These concerns are of particular im- ing their retirement savings them- with Commission staff to comment on portance because, in a very real sense, selves through 401(k) plans. In fact, each new Commission proposal but the mutual fund investments are invest- since 1983, the number of defined-ben- voice of the small investor has been ments in the American dream. They efit plans has declined over 70 percent, harder to hear. To ensure that the hold the nest eggs, the retirement sav- while participation in 401(k) plans has voices of small investors are heard, my ings, and the college funds for millions been increasing. Forty-eight million bill would create a separate division of America’s working families. But Americans now have 401(k) plans. within the Commission—coequal with they also feed capital into today’s Neither changes in the law, nor the other four major divisions at the economy, fueling the engine that cre- changes by federal regulators, however, SEC—to provide for a permanent and ates and maintains American jobs. Mu- have kept pace with the increasing par- institutionalized advocate for the in- tual funds are where so many Ameri- ticipation and the increasing respon- terests of ordinary investors. The Divi- cans put their money: 95 million peo- sibilities of small investors. When the sion of the Investor would be respon- ple, at last count, own shares in these Investment Company Act was enacted sible for such things as providing the funds. Indeed, in the wake of the Enron in 1940, it brought sweeping changes, small investor’s perspective on new scandal, when investigators uncovered and, for the first time, Federal regula- rule and policy proposals, identifying widespread deceptions and conflicts of tion, to the fund industry, which had new issues of particular concern to Wall Street stock analysts, conven- been fraught with fraud and abuse in small investors, and serving as a con- tional wisdom said average investors the 1920’s. The 1940 Act and the other duit for the concerns of outside advo- would find safe haven in mutual funds securities laws passed in the wake of cates for small investors. rather than in individual stocks. It is the 1929 stock market crash were in- 2. Establish an Office of Risk Assess- therefore particularly—and—ironically strumental in restoring investor con- ment. As part of the Governmental Af- disheartening to see the scandals and fidence and in establishing the basic fairs Committee’s investigation into breaches of trust that have now af- disclosure regime that continues to un- the Enron scandal, former Senator flicted the mutual fund industry. dergird securities regulation today. Thompson and I released a bipartisan The recent revelations about mutual But the 1940 Act remains much as it staff report concluding, among other funds, however, provides us with the was when it was enacted, and disclo- things, that the SEC needed to move opportunity and the responsibility to sure requirements that once appeared away from simply reacting to cases of accomplish real, structural reform in radical now often result in forms of financial fraud to actively rooting out the fund industry. That is why I have technical compliance that little serve fraud. In other words, the SEC needed joined with Senator AKAKA and Sen- average investors who have neither the to ‘‘reconceptualize its role as a more ator FITZGERALD in introducing S. 1822, time nor guidance to find their way proactive force in protecting the mar- the Mutual Fund Transparency Act, through the verbiage of fund disclo- ketplace against financial fraud.’’ This and why I have also joined Senators sures. Nor has the SEC, created in the conclusion has only been reinforced by

VerDate May 21 2004 04:30 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.090 S03PT1 S6454 CONGRESSIONAL RECORD — SENATE June 3, 2004 the fact that the recent and widespread If enacted, these proposals, taken as ly rejected that approach, however, echoing problems in the mutual fund industry a whole, would go a long way towards industry arguments that the disclosures were apparently not identified by the reorienting the regulation of our finan- would be too costly. In reaching its conclusion, the Commission Commission but were uncovered by cial markets to better address the gave little apparent consideration to how the others. I am therefore very encouraged needs of the small investors who have account statement disclosures might be pro- that Chairman Donaldson has an- become such an integral part of our vided. In fact, one mutual fund company, nounced the creation of an Office of economy and for whom investments in MFS, has since announced that it has found Risk Assessment to gather and analyze the market have become such a large an economical way to do so. This suggests data on new trends and risks and iden- part of their economic security. These that, had the SEC not been so quick to dis- tify new areas of concern for the Com- proposals would ensure that the con- miss the views of investor advocates, it mission. This effort, in my view, is might have been equally successful in find- cerns of ordinary investors receive as ing a cost-effective way to provide account critical to protecting small investors much prominence in regulatory deci- statement cost disclosures. Instead, the because it will increase the likelihood sions as the concerns of Wall Street gi- Commission opted for new hypothetical dis- that practices detrimental to small in- ants, that average investors receive closures in annual and semi-annual reports. vestors will be proactively identified relevant information in a form they Again, despite serious questions raised by in- and addressed before they reach scan- can understand, and that they are bet- vestor advocates, the Commission appears to dalous proportions. To ensure the SEC ter protected from existing conflicts of have made no effort to determine whether continues to pursue this important interest. their alternative approach would be effective in reaching the unsophisticated investors function, my bill would provide formal In short, this legislation would help legislative recognition to the Office of who are not well served by the current dis- level the playing field for small inves- closure system. Risk Assessment and institutionalize tors. That is something that we need to Your legislation would help to rectify this its responsibilities. do to restore confidence to our finan- situation through several means. First, it 3. Require Consumer Research to cial markets, which have been dam- would create an office with a formally recog- Gauge Whether Disclosures are Easily aged by more than two years of scan- nized role representing the interests of indi- Understood by Consumers. The disclo- dals, and that we must do because it is vidual investors, and small investors in par- sure of information to investors is fun- ticular, in identifying areas of concern or the right thing for the millions of where additional protections are needed, damental to securities regulation in Americans who are saving and invest- the U.S. With respect to mutual funds, analyzing rule proposals, and serving as a li- ing to provide a better future for them- aison between investor organizations and the for instance, the SEC requires a wide selves and their children. They deserve Commission. In particular, the provision re- array of disclosures to be made in nothing less. quiring that the views of the Director of the prospectuses, annual reports to share- I ask unanimous consent that a let- Division of the Investor be included, in sum- holders, advertising, and in other ter in support of this legislation from mary form, in all rule proposals should help media. None of these disclosures, how- Consumer Federation of America, Fund to give real clout to this office as those rule proposals are being developed. ever, is likely to serve its intended pur- Democracy, Inc., Public Citizen’s Con- pose if ordinary investors can’t under- We also support the requirement that the gress Watch, Consumer Action and Commission consider content, format, and stand them. There is little empirical Consumers Union be printed in the placement when developing new disclosure evidence on whether investors do in RECORD. proposals to ensure that they are likely to be fact understand the disclosures being There being no objection, the letter effective. Too often, disclosures investors re- made. Although the SEC has from was ordered to be printed in the ceive read as though they had been written by lawyers to communicate with other law- time-to-time engaged in consumer re- RECORD, as follows: search, such as surveys, focus groups, yers. Your legislation should help to ensure CONSUMER FEDERATION OF AMERICA, etc., it does not routinely or systemati- that new disclosures are written with an eye FUND DEMOCRACY, INC., PUBLIC cally test its proposed disclosures to toward how to convey information effec- CITIZEN’S CONGRESS WATCH, CON- tively to average investors. We would like to determine if they are likely to be un- SUMER ACTION, CONSUMERS UNION, see this provision expanded, to require a re- derstood by ordinary investors. My bill May 18, 2004. view over several years of all existing disclo- would change that by requiring that Hon. JOSEPH I. LIEBERMAN, sures in light of the same considerations. the Commission consider empirical U.S. Senate, Washington, DC. The bill’s specific requirement for pre-sale consumer research to determine wheth- DEAR SENATOR LIEBERMAN: We are writing disclosure covering key information about er a proposed disclosure—including its on behalf of Consumer Federation of Amer- mutual funds would also benefit investors by ica, Fund Democracy, Public Citizen, Con- giving them the bare minimum information wording, format, and the context in sumer Action, and Consumers Union, to ex- which it appears—is likely to improve they need to make an informed decision, at press our strong support for your draft bill to a time when it is useful to them in making the understanding of ordinary inves- give greater prominence to the concerns of their purchase decision, and in a form they tors. individual investors, particularly small in- are able to understand. Investor advocates 4. Require Investment Companies to vestors, in the policy and rulemaking of the have long advocated such an approach, and Provide Brief, Easy-to-Understand Dis- Securities and Exchange Commission. our organizations have recently reiterated closures of Mutual Fund Characteris- The last several decades have seen a dra- our support for simplified pre-sale disclosure tics. All too often, the important de- matic expansion of the investor class. Many as part of a comprehensive mutual fund re- tails of a mutual fund purchase are lost of these new investors are middle class work- form agenda. ers with little financial sophistication and among the pages and pages an investor Finally, our organizations have applauded less experience with the securities markets. Chairman Donaldson for his publicly stated receives from his or her investment The major laws that govern our markets commitment to improving the Commission’s company. That is why the Small Inves- were not written with these investors in risk assessment practices. Your legislation tor Protection Act would also require mind. Although the laws have been contin- supports that goal by codifying it. This will investment companies to provide pur- ually updated and revised to address chang- help to ensure that this important initiative chasers with a brief summary that will ing market conditions, individual investors does not get left by the wayside once new clearly and succinctly outline the rel- often find it difficult to have their voices leadership, with new priorities, takes over evant characteristics of a mutual fund. heard during those policy debates. the agency. The recent mutual fund reform efforts Small investors play a crucial role in our Ideally, this summary would be on a offer a number of examples of how policies markets. They should be given equally single page, and it could not exceed are often developed with little apparent prominent consideration in the policies that four pages; it would include informa- thought to the needs of average, unsophisti- govern those markets. Your legislation tion such as expenses and risks associ- cated investors. One such example involves would help to bring that about. We look for- ated with the fund, as well as the de- the Securities and Exchange Commission’s ward to working with you to win its passage. gree to which the fund is diversified. efforts to improve mutual fund cost disclo- Respectfully submitted, By providing this information in an sure. Among other reforms they advocated, BARBARA ROPER, easy-to-understand format, the Act investor advocates argued in favor of indi- Director of Investor vidualized cost disclosure on mutual fund ac- Protection. would help investors make decisions count statements on the grounds that this TRAVIS PLUNKETT, about which funds are best suited to was the place where the disclosures were Legislative Director their particular needs and financial most likely to be seen by average investors Consumer Federa- goals. and their impact understood. The SEC quick- tion of America.

VerDate May 21 2004 04:30 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.090 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6455 FRANK CLEMENTE, to develop a comprehensive strategy majority of such children are young girls. Director Public Citi- for providing such assistance and According to the United Nations Children’s zen’s Congress would authorize the President to sup- Fund (UNICEF), orphans are less likely to be Watch. port community-based organizations in school and more likely to be working full SALLY GREENBERG, time. Senior Counsel Con- that provide basic care for orphans and (3) School food programs, including take- sumers Union. vulnerable children. home rations, in developing countries pro- MERCER BULLARD, Orphans are less likely to be in vide strong incentives for children to remain Founder and President school, and more likely to be working in school and continue their education. Fund Democracy, full time. Yet only education can help School food programs can reduce short-term Inc. children acquire the knowledge and de- hunger, improve cognitive functions, and en- KENNETH MCELDOWNEY, velop the skills they need to build a hance learning, behavior, and achievement. Executive Director better future. Studies have shown that (4) The lack of financial resources prevents Consumer Action. many orphans and other vulnerable children school food programs provide an incen- in developing countries from attending By Mr. LUGAR: tive for children to stay in school. school because of the requirement to pay S. 2500. A bill to amend the Foreign School meals provide basic nutrition to school fees and other costs of education. Pro- Assistance Act of 1961 to provide assist- children who otherwise do not have ac- viding children with free primary school edu- ance for orphans and other vulnerable cess to reliable food. cation, while simultaneously ensuring that adequate resources exist for teacher training children in developing countries, and For many children, the primary bar- rier to an education is the expense of and infrastructure, would help more orphans for other purposes; to the Committee and other vulnerable children obtain a qual- on Foreign Relations. school fees, uniforms, supplies, and other costs. My bill aims to improve ity education. Mr. LUGAR. Mr. President, I rise to (5) The trauma that results from the loss introduce the Assistance for Orphans enrollment and access to primary of a parent can trigger behavior problems of and Other Vulnerable Children in De- school education by supporting pro- aggression or emotional withdrawal and neg- veloping Countries Act of 2004. grams that reduce the negative impact atively affect a child’s performance in school The unprecedented AIDS orphan cri- of school fees and other expenses. It and the child’s social relations. Children liv- sis in sub-Saharan Africa has profound also would reaffirm our commitment ing in families affected by HIV/AIDS or who implications for political stability, de- to international school lunch pro- have been orphaned by AIDS often face stig- grams. matization and discrimination. Providing velopment, and human welfare that ex- culturally appropriate psychological coun- tend far beyond the region. Sub-Saha- Many children who lose one or both selling to such children can assist them in ran African nations stand to lose gen- parents often face difficulty in assert- successfully accepting and adjusting to their erations of educated and trained pro- ing their inheritance rights. Even when circumstances. fessionals who can contribute meaning- the inheritance rights of women and (6) Orphans and other vulnerable children fully to their countries’ development. children are spelled out in law, such in developing countries routinely are denied Orphaned children, many of whom are rights are difficult to claim and are their inheritance or encounter difficulties in claiming the land and other property which homeless, are more likely to resort to seldom enforced. In many countries it is difficult or impossible for a widow— they have inherited. Even when the inherit- prostitution and other criminal behav- ance rights of women and children are ior to survive. Most frighteningly, even if she has small children—to spelled out in law, such rights are difficult to these uneducated, poorly socialized, claim property after the death of her claim and are seldom enforced. In many and stigmatized young adults are ex- husband. This often leaves the most countries it is difficult or impossible for a tremely vulnerable to being recruited vulnerable children impoverished and widow, even if she has young children, to into criminal gangs, rebel groups, or homeless. My bill seeks to support pro- claim property after the death of her husband. extremist organizations that offer shel- grams that protect the inheritance rights of orphans and widows with chil- (7) The HIV/AIDS pandemic has had a dev- ter and food and act as ‘‘surrogate’’ astating affect on children and is deepening families. It is imperative that the dren. poverty in entire communities and jeopard- international community respond to The AIDS orphan crisis in sub-Saha- izing the health, safety, and survival of all this crisis that threatens stability ran Africa has implications for polit- children in affected areas. within individual countries, the region, ical stability, development, and human (8) The HIV/AIDS pandemic has increased and around the world. welfare that extend far beyond the re- the number of orphans worldwide and has ex- An estimated 110 million orphans live gion, affecting governments and people acerbated the poor living conditions of the world’s poorest and most vulnerable chil- in sub-Saharan Africa, Asia, Latin worldwide. Every 14 seconds another child is orphaned by AIDS. Turning the dren. AIDS has created an unprecedented or- America, and the Caribbean. The HIV/ phan crisis, especially in sub-Saharan Africa, AIDS pandemic is rapidly expanding tide on this crisis will require a coordi- where children have been hardest hit. An es- the orphan population. Currently an nated, comprehensive, and swift re- timated 14,000,000 orphans have lost 1 or both estimated 14 million children have sponse. I am hopeful that Senators will parents to AIDS. By 2010, it is estimated that been orphaned by AIDS, most of whom join me in backing this legislation. over 250,000,000 children will have been or- live in sub-Saharan Africa. This num- I ask unanimous consent that the phaned by AIDS. text of the bill be printed in the (9) Although a number of organizations ber is projected to soar to more than 25 seek to meet the needs of orphans or other million by 2010. The pandemic is RECORD. There being no objection, the bill was vulnerable children, extended families and orphaning generations of African chil- local communities continue to be the pri- ordered to be printed in the RECORD, as dren and is compromising the overall mary providers of support for such children. development prospects of their coun- follows: (10) The HIV/AIDS pandemic is placing tries. S. 2500 huge burdens on communities and is leaving Most orphans in the developing world Be it enacted by the Senate and House of Rep- many orphans with little support. Alter- live in extremely disadvantaged cir- resentatives of the United States of America in natives to traditional orphanages, such as Congress assembled, cumstances. Poor communities in the community-based resource centers, continue SECTION 1. SHORT TITLE. to evolve in response to the massive number developing world struggle to meet the This Act may be cited as the ‘‘Assistance of orphans that has resulted from the pan- basic food, clothing, health care, and for Orphans and Other Vulnerable Children demic. educational needs of orphans. Experts in Developing Countries Act of 2004’’. (11) The AIDS orphans crisis in sub-Saha- recommend supporting community- SEC. 2. FINDINGS. ran Africa has implications for political sta- based organizations to assist these Congress makes the following findings: bility, human welfare, and development that children. Such an approach enables the (1) More than 110,000,000 orphans live in extend far beyond the region, affecting gov- children to remain connected to their sub-Saharan Africa, Asia, Latin America, ernments and people worldwide, and this cri- communities, traditions, rituals, and and the Caribbean. These children often are sis requires an accelerated response from the disadvantaged in numerous and devastating international community. extended families. ways and most households with orphans can- (12) Although, section 403(b) of the United My bill seeks to improve assistance not meet the basic needs of health care, food, States Leadership Against HIV/AIDS, Tuber- to orphans and other vulnerable chil- clothing, and educational expenses. culosis, and Malaria Act of 2003 (22 U.S.C. dren in developing countries. It would (2) It is estimated that 121,000,000 children 7673(b)) establishes the requirement that not require the United States Government worldwide do not attend school and that the less than 10 percent of amounts appropriated

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for HIV/AIDS assistance for each of fiscal ‘‘(b) DEFINITIONS.—In this section: Mr. CRAIG: years 2006 through 2008 shall be expended for ‘‘(1) AIDS.—The term ‘AIDS’ has the mean- S. 2502. A bill to allow seniors to file assistance for orphans and other vulnerable ing given the term in section 104A(g)(1) of their Federal income tax on a new children affected by HIV/AIDS, there is an this Act. Form 1040S; to the Committee on Fi- urgent need to provide assistance to such ‘‘(2) CHILDREN.—The term ‘children’ means nance. children prior to 2006. persons who have not attained the age of 18. (13) Numerous United States and indige- ‘‘(3) HIV/AIDS.—The term ‘HIV/AIDS’ has Mr. CRAIG. Mr. President, today I nous private voluntary organizations, in- the meaning given the term in section am introducing the Simple Tax for cluding faith-based organizations, provide 104A(g)(3) of this Act. Seniors Act. This bill would allow sen- assistance to orphans and other vulnerable ‘‘(4) ORPHAN.—The term ‘orphan’ means a iors age 65 and older with Social Secu- children in developing countries. Many of child deprived by death of one or both par- rity and pension income to file a short these organizations have submitted applica- ents. form similar to the 1040EZ Internal tions for grants to the United States Agency ‘‘(c) ASSISTANCE.—The President is author- Revenue Service form. for International Development to provide increased levels of assistance for orphans and ized to provide assistance for programs in de- Under current IRS rules, millions of other vulnerable children in developing veloping countries to provide basic care and Americans are prohibited from using countries. services for orphans and other vulnerable the 1040EZ short form simply because (14) Increasing the amount of assistance children. Such programs should provide as- they are age 65 or older. Many cur- sistance— that is provided by the Administrator of the rently file using only the standard de- United States Agency for International De- ‘‘(1) to support families and communities to mobilize their own resources through the duction. velopment through United States and indige- The Simple Tax for Seniors Act nous private voluntary organizations, in- establishment of community-based organiza- cluding faith-based organizations, will pro- tions to provide basic care for orphans and would crate the new 1040S form, allow- vide greater protection for orphans and other other vulnerable children; ing seniors who receive pension income vulnerable children in developing countries. ‘‘(2) for school food programs, including to avoid filing the burdensome and (15) It is essential that the United States the purchase of local or regional foodstuffs complicated itemized deduction forms. Government adopt a comprehensive ap- where appropriate; As many as 11 million seniors would be proach for the provision of assistance to or- ‘‘(3) to reduce barriers to access to primary education through the elimination of school able to file in the first year, in less phans and other vulnerable children in devel- time, on a simplified, two-page form. oping countries. A comprehensive approach fees where appropriate, helping to otherwise would ensure that important services, such cover costs of education, and improving the Seniors no longer would be forced an- as basic care, mental health and related quality of teaching and education infrastruc- nually to disclose more information on services, school food programs, increased ture; their retirement savings and pension educational opportunities and employment ‘‘(4) to provide employment training and plan than necessary. training and related services, and the protec- related services for orphans and other vul- The Simple Tax for Seniors Act tion and promotion of inheritance rights for nerable children who are of legal working makes no change in the tax code itself, such children, are made more accessible. age; ‘‘(5) to protect and promote the inherit- so taxpayers using the new form would (16) Assistance for orphans and other vul- pay the same amount as under Stand- nerable children can best be provided by a ance rights of orphans, other vulnerable chil- comprehensive approach of the United States dren, and widows with children; and ard Form 1040. Government that— ‘‘(6) to provide culturally appropriate men- This is common sense legislation. It (A) ensures that Federal agencies and the tal health treatment and related services to is a win for seniors because it will private sector coordinate efforts to prevent orphans and other vulnerable children. make life easier and it is a win for tax- and eliminate duplication of efforts and ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— payers since it will cost less to process waste in the provision of such assistance; ‘‘(1) IN GENERAL.—There is authorized to be the new form. It is also non-controver- and appropriated to the President to carry out sial. On Tuesday, the House of Rep- (B) to the maximum extent possible, fo- this section such sums as may be necessary resentatives passed similar legislation cuses on community-based programs that for each of the fiscal years 2005 and 2006. by a vote of 418–0. allow orphans and other vulnerable children ‘‘(2) AVAILABILITY OF FUNDS.—Amounts to remain connected to the traditions and made available under paragraph (1) are au- I invite my colleagues to cosponsor rituals of their families and communities. thorized to remain available until expended this sensible legislation. I ask unani- SEC. 3. ASSISTANCE FOR ORPHANS AND OTHER and are in addition to amounts otherwise mous consent that the text of the bill VULNERABLE CHILDREN IN DEVEL- available for such purposes. appear with this statement in the OPING COUNTRIES. ‘‘(3) RELATIONSHIP TO OTHER LAWS.— RECORD. Chapter 1 of part I of the Foreign Assist- Amounts made available for assistance pur- ance Act of 1961 (22 U.S.C. 2151 et seq.) is There being no objection, the bill was suant to this subsection, and amounts made ordered to be printed in the RECORD, as amended by adding at the end the following available for such assistance pursuant to any section: follows: other provision of law, may be used to pro- ‘‘SEC. 135. ASSISTANCE FOR ORPHANS AND vide such assistance notwithstanding any S. 2502 OTHER VULNERABLE CHILDREN. other provision of law.’’. Be it enacted by the Senate and House of Rep- ‘‘(a) FINDINGS.—Congress finds the fol- resentatives of the United States of America in lowing: SEC. 4. STRATEGY OF THE UNITED STATES. Congress assembled, ‘‘(1) There are more than 110,000,000 orphans living in sub-Saharan Africa, Asia, (a) REQUIREMENT FOR STRATEGY.—Not later SECTION 1. SHORT TITLE. Latin America, and the Caribbean. than 180 days after the date of enactment of This Act may be cited as the ‘‘Simple Tax ‘‘(2) The HIV/AIDS pandemic has created this Act, the President shall develop a strat- for Seniors Act of 2004’’. an unprecedented orphan crisis, especially in egy for coordinating and implementing as- SEC. 2. FORM 1040S FOR SENIORS. sistance programs for orphans and vulner- sub-Saharan Africa, where children have (a) IN GENERAL.—The Secretary of the been hardest hit. The pandemic is deepening able children. Treasury (or the Secretary’s delegate) shall poverty in entire communities, and is jeop- (b) CONTENT.—The strategy required by make available a form, to be known as ardizing the health, safety, and survival of subsection (a) shall include— ‘‘Form 1040S’’, for use by individuals to file all children in affected countries. It is esti- (1) the identity of each agency or depart- the return of tax imposed by chapter 1 of the mated that 14,000,000 children have lost one ment of the Federal Government that is pro- Internal Revenue Code of 1986. Such form or both parents to AIDS. viding assistance for orphans and vulnerable shall be as similar as practicable to Form ‘‘(3) The orphans crisis in sub-Saharan Af- children in foreign countries; 1040EZ, except that— rica has implications for human welfare, de- (2) a description of the efforts of the head (1) the form shall be available to individ- velopment, and political stability that ex- of each such agency or department to coordi- uals who have attained age 65 as of the close tend far beyond the region, affecting govern- nate the provision of such assistance with of the taxable year, ments and people worldwide. other agencies or departments of the Federal (2) the form may be used even if income for ‘‘(4) Extended families and local commu- Government or nongovernmental entities; the taxable year includes— nities are struggling to meet the basic needs (3) a description of a coordinated strategy (A) social security benefits (as defined in of orphans and vulnerable children by pro- to provide the assistance authorized in sec- section 86(d) of the Internal Revenue Code of viding food, health care, education expenses, tion 135 of the Foreign Assistance Act of 1986), and clothing. 1961, as added by section 3 of this Act; and (B) distributions from qualified retirement ‘‘(5) Providing assistance to such children (4) an analysis of additional coordination plans (as defined in section 4974(c) of such is an important expression of the humani- mechanisms or procedures that could be im- Code), annuities or other such deferred pay- tarian concern and tradition of the people of plemented to carry out the purposes of such ment arrangements, the United States. section. (C) interest and dividends, or

VerDate May 21 2004 03:38 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.068 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6457 (D) capital gains and losses taken into ac- The NBER study demonstrates that 22 companies. Companies have in- count in determining adjusted net capital individuals really do delay economic creased dividend payments to share- gain (as defined in section 1(h)(3)), and activity in anticipation of lower future holders by 40 percent, reversing a two- (3) the form shall be available without re- tax rates. It also corroborates the the- decade decline. The Dow Jones Indus- gard to the amount of any item of taxable income or the total amount of taxable in- ory that high marginal tax rates cause trial index has risen more than 1,400 come for the taxable year. individuals to restrict economic activ- points since the 2003 tax cuts were (b) EFFECTIVE DATE.—The form required by ity in order to minimize the tax burden signed into law. subsection (a) shall be made available for imposed on their next dollar earned. Similarly the capital gains tax cut taxable years beginning after December 31, Because the tax cuts were accelerated has also encouraged economic growth. 2004. in 2003, individuals had an incentive to It reduced the tax imposed on long- work harder and longer immediately term capital gains from 20 percent to 15 By Mr. KYL: because their next dollar of income percent. This has made it more attrac- S. 2503. A bill to make permanent the would be taxed at a lower rate. tive for individuals to risk their hard- reduction in taxes on dividends and Among the taxpayers benefited by earned money by investing it in busi- capital gains; to the Committee on Fi- the reductions in the individual rate nesses. The result is that it is easier nance. are America’s small businesses. The for businesses to raise needed capital Mr. KYL. Mr. President, I join my top individual rate is often called the to expand and create new jobs. Stock colleagues in celebrating the first anni- small business rate because most small market gains, the strong GDP we have versary of the Jobs and Growth Tax businesses are organized as pass- experienced, and falling unemployment Reconciliation Act of 2003, which was through entities, which pay at indi- all indicate that the economy has resigned into law by President Bush on vidual rates. Owners of pass-through covered. May 28, 2003. Also, I want to announce entities, including small business own- Now, to help our economy to con- that today I am introducing legislation ers and entrepreneurs, comprise more tinue to grow and create new jobs, the to make the dividends and long-term than two-thirds, about 500,000, of the dividend and capital gains tax cuts capital gains tax cuts permanent. 750,000 tax returns that benefited from must be made permanent. If we allow It has been one year since Congress speeding up the reduction in the top the dividend rate to return to the indi- and President Bush joined together to tax bracket. These small business own- vidual rate, we will increase taxes on enact pro-growth, supply-side tax cuts. ers received 79 percent, about $10.4 bil- dividends by 62 percent. Allowing the Now, since some in the Senate are pro- lion, of the $13.3 billion in tax relief capital gains rate to return to 20 per- posing that we repeal the tax cuts— from accelerating the reduction in the cent will be a 25 percent tax increase. this would be one of the largest tax in- top tax bracket to 35 percent. We must make the 15 percent rate for creases in history—let’s review the im- The task for us now is to make the each permanent, and then we must pact these cuts have had on our econ- individual rate reductions permanent. work to reduce both the dividends and omy. If Congress fails to act, the tax cuts the capital gains rates to zero, so that The 2003 tax cuts have triggered the will expire at the end of 2010. The bot- we eliminate the double-taxation of fastest growing economy in two dec- tom rate would increase from 10 per- corporate earnings. The Senate bill ac- ades. Real gross domestic product grew cent to 15 percent, an increase of 33 tually would have brought the dividend at an annual rate of 8.2 percent in the percent; the top rate would increase tax rate to zero for three years, but the third quarter of 2003, 4.1 percent in the from 35 percent to 39.6 percent, an in- agreement that we worked out with fourth quarter, and 4.4 percent in the crease of 11 percent. The effect such the House was to tax dividends at 15 first quarter of 2004. If we sustain this tax increases would have on our econ- percent. The dividends and capital pace, our economy will double in 13 omy would be devastating. gains tax relief will expire in 2009. years. When the tax cuts were enacted Not only did Congress and President The most important thing we can do next year is make the 2003 tax cuts per- last year, the national unemployment Bush work together to bring down indi- manent. Today I am introducing legis- rate was 6.3 percent. Today, it has vidual income tax rates, but we also relation that will make the dividends and dropped nearly 11 percent to 5.6 per- duced the tax on dividend distributions capital gains tax relief permanent. I cent, which is lower than the average and long-term capital gains. Before the will work to make the individual in- unemployment rate of the 1970s, 1980s, 2003 tax cuts, our tax code actually dis- come tax rate cuts permanent as well. and 1990s. A growing economy means couraged dividend payouts. The 2003 To allow the tax cuts to expire—or good, high-paying jobs and a better tax cut lowered the tax rate imposed worse, to seek to higher taxes at the quality of life for all Americans. on dividends from 38.6 percent to 15 very time our economy has pulled out I want to draw my colleagues’ atten- percent through 2008. Before 2003, cor- tion to research published by the Na- of the recession and is growing porate earnings were taxed once at the strong—would be unthinkable. tional Bureau of Economic Research corporate level, 35 percent, and again (NBER)—the Nation’s leading non- at the individual rate, as high as 38.6 By Mr. COCHRAN (for himself, profit economic research organization. percent, meaning they were double- Mr. FRIST, and Mr. LEAHY): This study demonstrates that the 2003 taxed. It made no sense for investors to S.J. Res. 38. A joint resolution pro- tax cuts corrected a terrible mistake seek out dividend-paying stocks, from viding for the appointment of Eli Broad we made in 2001 when we phased in the a tax perspective. as a citizen regent of the Board of Re- marginal rate cuts. The phase-in of the While dividends are still double- gents of the Smithsonian Institution; 2001 tax cuts prompted workers and taxed, the tax penalty is greatly re- to the Committee on Rules and Admin- firms to delay work until the tax cuts duced. This has made dividend-paying istration. were fully implemented. Employment, stocks more attractive to investors, Mr. COCHRAN. Mr. President, today output, and investment actually fell in which has helped companies raise cap- I am introducing a Senate Joint Reso- response to the phased-in tax cuts. ital to expand and grow their busi- lution appointing a citizen regent to The NBER study found that, ‘‘Just as nesses. Further, because dividends the Board of Regents of the Smithso- the phased-in nature of the 2001 tax law must be paid from cash, companies nian Institution. I am pleased that my may have delayed production and em- that pay dividends must have actual fellow Smithsonian Institution Re- ployment, the immediate tax relief in- profits, thus making it more difficult gents, Senators FRIST and LEAHY, are cluded in the 2003 law may have con- for companies to hide financial mis- cosponsors. tributed towards the increased pace of management. The Smithsonian Institution Board economic activity in the second half of Some of my colleagues want to re- of Regents recently recommended the 2003.’’ I am confident that, as more eco- peal the dividend tax cut. This is obvi- following distinguished individual for nomic data comes in and as the 2003 ously misguided, since we have strong appointment to a 6-year term on the on tax cuts are studied further, we will evidence that the dividend tax cut has the Board: Eli Broad of California. find that the 2003 tax cuts are directly worked. Since the 2003 tax cut was I ask unanimous consent that his bi- responsible for the economic growth we signed into law, 374 companies on the ography and the text of the joint reso- are seeing today. S&P 500 pay dividends—an increase of lution be printed in the RECORD.

VerDate May 21 2004 03:38 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.076 S03PT1 S6458 CONGRESSIONAL RECORD — SENATE June 3, 2004 There being no objection, the biog- ture at UCLA toward the construction of The commodities to the United Nations World raphy and the joint resolution were or- Broad Art Center, designed by Richard Food Program and other recipients for dis- dered to be printed in the RECORD, as Meier. Mr. Broad is a member of the board of tribution to nearly 7,000,000 hungry and mal- follows: trustees of CalTech, where the Broads gave nourished children in 38 countries; the cornerstone gift to create the Broad Cen- Whereas a recent Department of Agri- ELI BROAD ter for the Biological Sciences, designed by culture evaluation found that the pilot pro- Eli Broad is a renowned business leader James Freed. Mr. Broad also served as chair- gram created measurable improvements in who built two Fortune 500 companies from man of the board of trustees of Pitzer Col- school attendance (particularly for girls), in- the ground up over a five-decade career in lege and vice chairman of the board of trust- creased local employment and economic ac- business. He is chairman of AIG Retirement ees of the California State University sys- tivity, produced greater involvement in local Services Inc. (formerly SunAmerica Inc.) and tem. In 1991, the Broads endowed The Eli infrastructure and community improvement founder-chairman of KB Home (formerly Broad College of Business and The Eli Broad projects, and increased participation by par- Kaufman and Broad Home Corporation). Graduate School of Management at Michi- ents in the schools and in the education of Today, he is focused on philanthropy. The gan State University, from which Mr. Broad their children; Broad family’s commitment to philanthropy graduated cum laude in 1954. Whereas the Farm Security and Rural In- and community is both deep and wide-rang- vestment Act of 2002 (Public Law 107–171, 116 ing. It includes ongoing leadership roles in S.J. RES. 38 Stat. 134) replaced the pilot program with art, education, science and civic develop- the McGovern–Dole International Food for Resolved by the Senate and House of Rep- ment. Education and Child Nutrition Program, resentatives of the United States of America in Avid supporters of contemporary art, Mr. which was named after former Senators Congress assembled, That, in accordance with Broad and his wife, Edythe, have created one George McGovern and Robert Dole for their section 5581 of the Revised Statutes (20 of the worlds finest collections. Since 1984, distinguished work to eradicate hunger and The Broad Art Foundation has operated an U.S.C. 43), the vacancy on the Board of Re- poverty around the world; and active ‘‘lending library’’ of its extensive col- gents of the Smithsonian Institution, in the Whereas the McGovern–Dole International lection to more than 400 museums and uni- class other than Members of Congress, re- Food for Education and Child Nutrition Pro- versity galleries worldwide. In 2001–2003, an sulting from the death of Barber B. Conable, gram provides food to nearly 2,000,000 hungry exhibition of the Broads’ collection was Jr., is filled by the appointment of Eli Broad or malnourished children in 21 countries: shown at the Los Angeles County Museum of of California. The appointment is for a term Now, therefore, be it Art, the Corcoran Gallery of Art in Wash- of 6 years, beginning upon the date of enact- Resolved by the Senate (the House of Rep- ington, DC, the Museum of Fine Arts in Bos- ment of this joint resolution. resentatives concurring), That Congress— ton; and the Guggenheim Museum in Bilbao, f (1) expresses its grave concern about the continuing problem of hunger and the des- Spain. Mr. Broad was the founding chairman SUBMITTED RESOLUTIONS of the board of trustees of The Museum of perate need to feed hungry and malnourished Contemporary Art in Los Angeles, and is children around the world; currently a trustee and member of the execu- (2) recognizes that the global distribution tive committee of the Los Angeles County SENATE CONCURRENT RESOLU- of food in schools to children around the Museum of Art, where the Broads recently TION 114—CONCERNING THE IM- world increases attendance, particularly for announced a major gift to build The Broad PORTANCE OF THE DISTRIBU- girls, improves literacy rates, and increases Contemporary Art Museum. TION OF FOOD IN SCHOOLS TO job opportunities, thereby helping to fight In 1999, the Broads founded The Broad HUNGRY OR MALNOURISHED poverty; Foundation, whose mission is to dramati- CHILDREN AROUND THE WORLD (3) recognizes that education of children cally improve urban public education around the world addresses several of the through governance, management and labor Mrs. DOLE (for herself and Mr. HAR- root causes of international terrorism; relations. In its first five years, the Founda- KIN) submitted the following concur- (4) recognizes that the world will be safer tion has committed over $400 million to sup- rent resolution; which was considered and more promising for children as a result port new ideas and innovative leadership in and agreed to: of better school attendance; the nation’s largest urban school systems. (5) expresses its gratitude to former Sen- S. CON. RES. 114 The Foundation also has launched four na- ators George McGovern and Robert Dole for tional flagship initiatives—The Broad Prize Whereas there are more than 300,000,000 supporting the distribution of food in schools for Urban Education, The Broad Center for chronically hungry and malnourished chil- around the world to children and for working Superintendents, The Broad Residency in dren in the world; to eradicate hunger and poverty around the Urban Education and The Broad Institute for Whereas more than half of these children world; School Boards. Mr. Broad has said, ‘‘I can go to school on an empty stomach, and al- (6) commends the Department of Agri- imagine no more important contribution to most as many do not attend school at all, culture, the Agency for International Devel- our country’s future than a long-term com- but might if food were available; opment, the Department of State, the United mitment to improving urban K–12 public Whereas the distribution of food in schools Nations World Food Program, private vol- schools.’’ is one of the simplest and most effective untary organizations, non-governmental or- In 2001, The Eli and Edythe L. Broad Foun- strategies to fight hunger and ganizations, and cooperatives for facilitating dation created the Broad Medical Research malnourishment among children; the distribution of food in schools around the Program, which seeks to stimulate innova- Whereas when school meals are offered to world; tive research that will lead to progress in the hungry or malnourished children, attendance (7) expresses its continued support for the prevention, therapy or understanding of in- rates increase significantly, particularly for distribution of food in schools around the flammatory bowel disease. girls; world; In June 2003, in an unprecedented partner- Whereas the distribution of food in schools (8) supports expansion of the McGovern– ship with the Massachusetts Institute of encourages better school attendance, there- Dole International Food for Education and Technology, Harvard University and White- by improving literacy rates and fighting pov- Child Nutrition Program; and head Institute, the Broads announced the erty; (9) requests the President to work with the founding gift to create The Eli and Edythe Whereas improvement in the education of United Nations and its member states to ex- Broad Institute for biomedical research. The girls is one of the most important factors in pand international contributions for the dis- Institute’s aim is to realize the promise of reducing child malnutrition in developing tribution of food in schools around the the human genome to revolutionize clinical countries; world. medicine and to make knowledge freely Whereas girls who attend schools tend to f available to scientists around the world. marry later in life and have fewer children, The Broads have been tireless advocates of thereby helping them escape a life of pov- AMENDMENTS SUBMITTED AND Los Angeles, their adopted hometown. Com- erty; PROPOSED mitted to the belief that all great cities need Whereas by improving literacy rates and SA 3261. Ms. CANTWELL (for herself, Mr. a vibrant center, Mr. Broad is currently lead- increasing job opportunities, education ad- HOLLINGS, Mrs. MURRAY, Mrs. CLINTON, Mrs. ing the effort to turn Los Angeles’ Grand Av- dresses several of the root causes of ter- FEINSTEIN, Mr. LAUTENBERG, and Mr. SCHU- enue into a truly ‘‘grand avenue,’’ to rival rorism; MER) proposed an amendment to the bill S. the main boulevards of the world’s greatest Whereas the distribution of food in schools 2400, to authorize appropriations for fiscal cities. In 1996, he and Mayor Richard Riordan increases attendance of children who might year 2005 for military activities of the De- took on the task of raising sufficient funds otherwise be susceptible to recruitment by partment of Defense, for military construc- to build the Frank Gehry-designed Walt Dis- groups that offer them food in return for tion, and for defense activities of the Depart- ney Concert Hall, which opened to worldwide their attendance at extremist schools or par- ment of Energy, to prescribe personnel acclaim in October 2003. ticipation in terrorist training camps; strengths for such fiscal year for the Armed Strong believers in higher education, the Whereas the Global Food for Education Services, and for other purposes. Broad Foundations have made a major con- Initiative pilot program, established in 2001, SA 3262. Mr. CRAPO (for himself, Mr. tribution to the School of Arts and Architec- donated surplus United States agricultural CRAIG, Mr. ALEXANDER, and Mr. GRAHAM, of

VerDate May 21 2004 03:38 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.079 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6459 South Carolina) submitted an amendment partment of Energy, to prescribe per- lish policy for the discharge of the counter- intended to be proposed by him to the bill S. sonnel strengths for such fiscal year intelligence programs and functions consoli- 2400, supra; which was ordered to lie on the for the Armed Services, and for other dated within the National Nuclear Security table. purposes; as follows: Administration under subsection (a) as pro- SA 3263. Mr. KENNEDY (for himself, Mrs. vided for under section 213 of the Depart- FEINSTEIN, Mr. REED, Mr. LAUTENBERG, and Beginning on page 384, strike line 3 and all ment of Energy Organization Act (42 U.S.C. Mr. FEINGOLD) proposed an amendment to that follows through page 391, line 7, and in- 7144). the bill S. 2400, supra. sert the following: (d) PRESERVATION OF COUNTERINTELLIGENCE SA 3264. Mr. PRYOR submitted an amend- SEC. 3117. ANNUAL REPORT ON EXPENDITURES CAPABILITY.—In consolidating counterintel- ment intended to be proposed by him to the FOR SAFEGUARDS AND SECURITY. ligence programs and functions within the bill S. 2400, supra; which was ordered to lie (a) ANNUAL REPORT REQUIRED.—Subtitle C National Nuclear Security Administration on the table. of title XLVII of the Atomic Energy Defense under subsection (a), the Secretary shall en- SA 3265. Ms. SNOWE (for herself, Mr. Act (50 U.S.C. 2771 et seq.) is amended by sure that the counterintelligence capabili- ALLEN, and Mr. COLEMAN) submitted an adding at the end the following new section: ties of the Department of Energy and the Na- amendment intended to be proposed by her ‘‘SEC. 4732. ANNUAL REPORT ON EXPENDITURES tional Nuclear Security Administration are to the bill S. 2400, supra; which was ordered FOR SAFEGUARDS AND SECURITY. in no way degraded or compromised. to lie on the table. ‘‘The Secretary of Energy shall submit to (e) REPORT ON EXERCISE OF AUTHORITY.—In SA 3266. Ms. SNOWE submitted an amend- Congress each year, in the budget justifica- the event the Secretary exercises the author- ment intended to be proposed by her to the tion materials submitted to Congress in sup- ity in subsection (a), the Secretary shall sub- bill S. 2400, supra; which was ordered to lie port of the budget of the President for the mit to the congressional defense committees on the table. fiscal year beginning in such year (as sub- a report on the exercise of the authority. SA 3267. Ms. SNOWE submitted an amend- mitted under section 1105(a) of title 31, The report shall include— ment intended to be proposed by her to the United States Code), the following: (1) a description of the manner in which bill S. 2400, supra; which was ordered to lie ‘‘(1) A detailed description and accounting the counterintelligence programs and func- on the table. of the proposed obligations and expenditures tions referred to in subsection (b) shall be SA 3268. Ms. SNOWE submitted an amend- by the Department of Energy for safeguards consolidated within the Office of Defense Nu- ment intended to be proposed by her to the and security in carrying out programs nec- clear Counterintelligence of the National bill S. 2400, supra; which was ordered to lie essary for the national security for the fiscal Nuclear Security Administration and dis- on the table. year covered by such budget, including any charged by that Office; SA 3269. Ms. SNOWE submitted an amend- technologies on safeguards and security pro- (2) a notice of the date on which that Office ment intended to be proposed by her to the posed to be deployed or implemented during shall commence the discharge of such pro- bill S. 2400, supra; which was ordered to lie such fiscal year. grams and functions, as so consolidated; and on the table. ‘‘(2) With respect to the fiscal year ending (3) a proposal for such legislative action as SA 3270. Ms. SNOWE submitted an amend- in the year before the year in which such the Secretary considers appropriate to effec- ment intended to be proposed by her to the budget is submitted, a detailed description tuate the discharge of such programs and bill S. 2400, supra; which was ordered to lie and accounting of— functions, as so consolidated, by that Office. on the table. ‘‘(A) the policy on safeguards and security, (f) DEADLINE FOR EXERCISE OF AUTHOR- SA 3271. Ms. SNOWE submitted an amend- including any modifications in such policy ITY.—The authority in subsection (a) may be ment intended to be proposed by her to the adopted or implemented during such fiscal exercised, if at all, not later than one year bill S. 2400, supra; which was ordered to lie year; after the date of the enactment of this Act. on the table. ‘‘(B) any initiatives on safeguards and se- SEC. 3119. ON-SITE TREATMENT AND STORAGE SA 3272. Mr. KENNEDY submitted an curity in effect or implemented during such OF WASTES FROM REPROCESSING amendment intended to be proposed by him fiscal year; ACTIVITIES AND RELATED WASTE. to the bill S. 2400, supra; which was ordered ‘‘(C) the amount obligated and expended (a) Notwithstanding any other provision of to lie on the table. for safeguards and security during such fis- law the Department of Energy shall continue SA 3273. Ms. SNOWE submitted an amend- cal year, set forth by total amount, by all activities related to the storage, re- ment intended to be proposed by her to the amount per program, and by amount per fa- trieval, treatment, and separation of tank bill S. 2400, supra; which was ordered to lie cility; and wastes currently managed as high level ra- on the table. ‘‘(D) the technologies on safeguards and se- dioactive waste in accordance with treat- SA 3274. Mrs. DOLE (for Mr. ROBERTS) pro- curity deployed or implemented during such ment and closure plans approved by the state posed an amendment to the bill S. 2400, fiscal year.’’. in which the activities are taking place as supra. (b) CLERICAL AMENDMENT.—The table of part of a program to clean up and dispose of SA 3275. Mrs. DOLE (for Mr. LEVIN) pro- contents for that Act is amended by insert- waste from reprocessing spent nuclear fuel posed an amendment to the bill S. 2400, ing after the item relating to section 4731 the at the sites referred to in subsection (c). supra. following new item: (b) Of the amount authorized to be appro- SA 3276. Mrs. DOLE (for Mr. LIEBERMAN) ‘‘Sec. 4732. Annual report on expenditures for priated by section 3102(a)(1) for defense site proposed an amendment to the bill S. 2400, safeguards and security.’’. acceleration completion, $350,000,000 shall be supra. SEC. 3118. AUTHORITY TO CONSOLIDATE COUN- available for the activities to be undertaken SA 3277. Mrs. DOLE (for Mr. MILLER) pro- TERINTELLIGENCE OFFICES OF DE- pursuant to subsection (a).’’ posed an amendment to the bill S. 2400, PARTMENT OF ENERGY AND NA- (b) SITES.—The sites referred to in this supra. TIONAL NUCLEAR SECURITY ADMIN- subsection are as follows: ISTRATION WITHIN NATIONAL NU- (1) The Idaho National Engineering and SA 3278. Mrs. DOLE (for Mr. STEVENS (for CLEAR SECURITY ADMINISTRATION. Environmental Laboratory, Idaho. himself and Mr. INOUYE)) proposed an amend- (a) AUTHORITY.—The Secretary of Energy ment to the bill S. 2400, supra. (2) The Savannah River Site, Aiken, South may consolidate the counterintelligence pro- SA 3279. Mr. NELSON, of Florida sub- Carolina. grams and functions referred to in submitted an amendment intended to be pro- (3) The Hanford Site, Richland, Wash- section (b) within the Office of Defense Nu- posed by him to the bill S. 2400, supra; which ington. clear Counterintelligence of the National was ordered to lie on the table. Nuclear Security Administration and pro- Mr. CRAPO (for himself, Mr. SA 3280. Mr. INHOFE (for himself, Mr. SA 3262. vide for their discharge by that Office. BINGAMAN, Ms. COLLINS, Mr. DORGAN, Ms. CRAIG, Mr. ALEXANDER, and Mr. (b) COVERED PROGRAMS AND FUNCTIONS.— CANTWELL, Mr. KOHL, and Mr. COLEMAN) sub- GRAHAM of South Carolina) submitted The programs and functions referred to in an amendment intended to be proposed mitted an amendment intended to be pro- this subsection are as follows: posed by him to the bill S. 2400, supra; which (1) The functions and programs of the Of- by him to the bill S. 2400, to authorize was ordered to lie on the table. fice of Counterintelligence of the Depart- appropriations for fiscal year 2005 for f ment of Energy under section 215 of the De- military activities of the Department TEXT OF AMENDMENTS partment of Energy Organization Act (42 of Defense, for military construction, U.S.C. 7144b). and for defense activities of the De- SA 3261. Ms. CANTWELL (for herself, (2) The functions and programs of the Of- partment of Energy, to prescribe per- Mr. HOLLINGS, Mrs. MURRAY, Mrs. CLIN- fice of Defense Nuclear Counterintelligence sonnel strengths for such fiscal year TON, Mrs. FEINSTEIN, Mr. LAUTENBERG, of the National Nuclear Security Adminis- for the Armed Services, and for other tration under section 3232 of the National and Mr. SCHUMER) proposed an amend- purposes; which was ordered to lie on ment to the bill S. 2400, to authorize Nuclear Security Administration Act (50 U.S.C. 2422), including the counterintel- the table; as follows: appropriations for fiscal year 2005 for ligence programs under section 3233 of that On page 384, line 15, strike ‘‘by rule in con- military activities of the Department Act (50 U.S.C. 2423). sultation’’ and all that follows through page of Defense, for military construction, (c) ESTABLISHMENT OF POLICY.—The Sec- 385, line 21, and insert ‘‘by rule approved by and for defense activities of the De- retary shall have the responsibility to estab- the Nuclear Regulatory Commission;

VerDate May 21 2004 03:38 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.083 S03PT1 S6460 CONGRESSIONAL RECORD — SENATE June 3, 2004 (2) has had highly radioactive radio- (2) The Robust Nuclear Earth Penetrator purposes; which was ordered to lie on nuclides removed to the maximum extent (RNEP). the table; as follows: practical in accordance with the Nuclear Regulatory Commission-approved criteria; SA 3264. Mr. PRYOR submitted an Beginning on page 167, strike line 6 and all and amendment intended to be proposed by that follows through page 169, line 21, and insert the following: (3) in the case of material derived from the him to the bill S. 2400, to authorize ap- storage tanks, is disposed of in a facility (in- (B) persons who are representative of labor propriations for fiscal year 2005 for organizations associated with the defense including a tank) within the State pursuant to military activities of the Department a State-approved closure plan or a State- dustry, and persons who are representative issued permit, authority for the approval or of Defense, for military construction, of small business concerns or organizations issuance of which is conferred on the State and for defense activities of the De- of small business concerns that are involved outside of this Act. partment of Energy, to prescribe per- in Department of Defense contracting and (b) INAPPLICABILITY TO CERTAIN MATE- sonnel strengths for such fiscal year other Federal Government contracting. RIALS.—Subsection (a) shall not apply to any for the Armed Services, and for other (3) The appointment of the members of the material otherwise covered by that sub- purposes; which was ordered to lie on Commission under this subsection shall be section that is transported from the State. made not later than March 1, 2005. the table; as follows: (c) SCOPE OF AUTHORITY TO CARRY OUT AC- (4) Members shall be appointed for the life TIONS.—The Department of Energy may im- At the end of subtitle G of title III, add the of the Commission. A vacancy in the Com- plement any action authorized— following: mission shall not affect its powers, but shall (1) by a State-approved closure plan or SEC. 364. TRACKING AND CARE OF MEMBERS OF be filled in the same manner in which the State-issued permit in existence on the date THE ARMED FORCES WHO ARE IN- original appointment was made. JURED IN COMBAT. of enactment of this section; or (5) The President shall designate one mem- (2) by a closure plan approved by the State (a) FINDINGS.—The Senate makes the following findings: ber of the Commission to serve as the Chair- or a permit issued by the State during the man of the Commission. pendency of the rulemaking provided for in (1) Members of the Armed Forces of the (c) MEETINGS.—(1) The Commission shall subsection (a). United States place themselves in harms meet at the call of the Chairman. Any such action may be completed pursuant way in the defense of democratic values and (2) A majority of the members of the Com- to the terms of the closure plan or the State- to keep the United States safe. mission shall constitute a quorum, but a issued permit notwithstanding the final cri- (2) This call to duty has resulted in the ul- lesser number may hold hearings. teria adopted by the rulemaking pursuant to timate SACRIFICE of members of the Armed subsection (a). Forces of the United States who are killed or (d) DUTIES.—(1) The Commission shall— (d) STATE DEFINED.—In this section, the critically injured while serving the United (A) study the issues associated with the fu- term ‘‘State’’ means the State of South States. ture of the national technology and indus- Carolina. (b) SENSE OF SENATE.—It is the sense of the trial base in the global economy, particu- (e) CONSTRUCTION.—(1) Nothing in this sec- Senate— larly with respect to its effect on United tion shall effect, alter, or modify the full im- (1) to honor the SACRIFICE of the mem- States national security; and plementation of— bers of the Armed Forces who have been (B) assess the future ability of the national (A) the settlement agreement entered into killed or critically wounded while serving technology and industrial base to attain the by the United States with the State of Idaho the United States; national security objectives set forth in sec- in the actions captioned Public Service Co. (2) to recognize the heroic efforts of the tion 2501 of title 10, United States Code. of Colorado v. Batt, Civil No. 91–0035–S–EJL, medical personnel of the Armed Forces in (2) In carrying out the study and assess- and United States v. Batt, Civil No. 91–0054– treating wounded military personnel and ci- ment under paragraph (1), the Commission S–EJL, in the United States District Court vilians; and shall consider the following matters: for the District of Idaho, and the consent (3) to support advanced medical tech- (A) Existing and projected future capabili- order of the United States District Court for nologies that assist the medical personnel of ties of the national technology and indus- the District of Idaho, dated October 17, 1995, the Armed Forces in saving lives and reduc- trial base. that effectuates the settlement agreement; ing disability rates for members of the (B) The impact on the national technology (B) the Idaho National Engineering Lab- Armed Forces. and industrial base of civil-military integra- oratory Federal Facility Agreement and (c) PROCEDURES FOR TRACKING OF WOUNDED tion and the growing dependence of the De- Consent Order; or FROM COMBAT ZONES.—(1) Not later than 60 partment of Defense on the commercial mar- (C) the Hanford Federal Facility Agree- days after the date of the enactment of this ket for defense products and services. ment and Consent Order. Act, the Secretary of Defense shall prescribe (C) The effects of domestic source restric- (2) Nothing in this section establishes any in regulations procedures for the Depart- tions on the strength of the national tech- precedent or is binding on the State of Idaho, ment of Defense to— nology and industrial base. the State of Washington, or any other State (A) notify the family of each member of (D) The effects of the policies and practices for the management, storage, treatment, and the Armed Forces who is injured in a combat of United States allies and trading partners disposition of radioactive and hazardous ma- zone regarding such injury; and on the national technology and industrial terials. (B) provide the family of each such mem- base. SA 3263. Mr. KENNEDY (for himself, ber of the Armed Forces with information on (E) The effects on the national technology any change of status, including health or lo- and industrial base of laws and regulations Mrs. FEINSTEIN, Mr. REED, Mr. LAUTEN- cation, of such member during the transpor- related to international trade and the export BERG, and Mr. FEINGOLD) proposed an tation of such member to a treatment des- of defense technologies and dual-use tech- amendment to the bill S. 2400, to au- tination. nologies. thorize appropriations for fiscal year (2) The Secretary shall transmit to Con- (F) The adequacy of programs that support 2005 for military activities of the De- gress a copy of the procedures prescribed science and engineering education, including partment of Defense, for military con- under paragraph (1). programs that support defense science and struction, and for defense activities of (d) MEDICAL EQUIPMENT AND COMBAT CAS- engineering efforts at institutions of higher the Department of Energy, to prescribe UALTY TECHNOLOGIES.—Of the amount au- learning, with respect to meeting the needs personnel strengths for such fiscal year thorized to be appropriated by section 201(4) of the national technology and industrial for research, development, test, and evalua- base. for the Armed Services, and for other tion, Defense-wide activities, $10,000,000 of purposes; which was ordered to lie on (G) The implementation of policies and the amount in Program Element planning required under subchapter II of the table; as follows: PE 0603826D8Z shall be available for medical chapter 148 of title 10, United States Code, At the end of subtitle B of title XXXI, add equipment and combat casualty care tech- and other provisions of law designed to sup- the following: nologies. port the national technology and industrial SEC. 3122. PROHIBITION ON USE OF FUNDS FOR base. NEW NUCLEAR WEAPONS DEVELOP- SA 3265. Ms. SNOWE (for herself, Mr. (H) The role of the Manufacturing Tech- MENT UNDER STOCKPILE SERVICES ALLEN, and Mr. COLEMAN) submitted an ADVANCED CONCEPTS INITIATIVE nology program, other Department of De- OR FOR ROBUST NUCLEAR EARTH amendment intended to be proposed by fense research and development programs, PENETRATOR. her to the bill S. 2400, to authorize ap- and the utilization of the authorities of the None of the funds authorized to be appro- propriations for fiscal year 2005 for Defense Production Act of 1950 to provide priated by section 3101(a)(1) for the National military activities of the Department transformational breakthroughs in advanced Nuclear Security Administration for weap- of Defense, for military construction, manufacturing technologies and processes ons activities may be obligated or expended that ensure the strength and productivity of for the following: and for defense activities of the De- the national technology and industrial base. (1) The Stockpile Services Advanced Con- partment of Energy, to prescribe per- (I) The role of small business concerns in cepts Initiative for the support of new nu- sonnel strengths for such fiscal year strengthening the national technology and clear weapons development. for the Armed Services, and for other industrial base.

VerDate May 21 2004 03:38 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.087 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6461 SA 3266. Ms. SNOWE submitted an Secretary of Defense shall submit to Con- (2) emerging trends in combat-related amendment intended to be proposed by gress a report setting forth proposals for wounds and injuries are being identified and her to the bill S. 2400, to authorize ap- means of improving the procedures of the addressed by each Department in its pro- propriations for fiscal year 2005 for Department of Defense regarding the trans- grams of care; and fer of information on Department casualty (3) the Department of Veterans Affairs re- military activities of the Department investigations and reports to and from the ceives from the Department of Defense in a of Defense, for military construction, families of the members of the Armed Forces timely and effective manner pre-deployment and for defense activities of the De- concerned. and post-deployment screening data on partment of Energy, to prescribe per- (b) PROCEDURES FOR ADDRESSING FREE- members of the Armed Forces collected by sonnel strengths for such fiscal year DOM OF INFORMATION REQUESTS.—The report the Department of Defense that will assist for the Armed Services, and for other shall include appropriate procedures for ad- the Department of Veterans Affairs in its purposes; which was ordered to lie on dressing requests of families for information clinical evaluation of veterans of combat. the table; as follows: on Department casualty investigations and reports under section 552 of title 5, United SA 3272. Mr. KENNEDY submitted an At the end of subtitle C of title X, add the States Code (commonly known as the Free- amendment intended to be proposed by following: dom of Information Act). him to the bill S. 2400, to authorize ap- SEC. 1022. REPORT ON ACCESS TO MILITARY propriations for fiscal year 2005 for TREATMENT FACILITIES BY MEM- SA 3270. Ms. SNOWE submitted an BERS OF THE DISABLED AMERICAN military activities of the Department VETERANS. amendment intended to be proposed by of Defense, for military construction, (a) REPORT.—Not later than ll days after her to the bill S. 2400, to authorize ap- and for defense activities of the De- the date of the enactment of this Act, the propriations for fiscal year 2005 for partment of Energy, to prescribe per- Secretary of Defense shall submit to Con- military activities of the Department sonnel strengths for such fiscal year gress a report setting forth the policy of the of Defense, for military construction, Department of Defense on the access of for the Armed Services, and for other and for defense activities of the De- purposes; which was ordered to lie on members of the Disabled American Veterans partment of Energy, to prescribe per- (DAV) to military treatment facilities, in- the table; as follows: sonnel strengths for such fiscal year cluding any encumbrances to the access of On page 195, between lines 10 and 11, insert such members to such treatment facilities. for the Armed Services, and for other the following: (b) ADDITIONAL ELEMENT.—The report shall purposes; which was ordered to lie on SEC. 868. REQUIREMENT TO PROVIDE DOCU- include proposals to grant national service the table; as follows: MENTS TO CONGRESS TO ENHANCE officers of the Disabled American Veterans Strike section 811(b). TRANSPARENCY IN DEPARTMENT OF access to wounded members of the Armed DEFENSE CONTRACTING. SEC. 1068. REQUIREMENT TO PERMIT FAMILY (a) REQUIREMENT TO PROVIDE REQUESTED Forces at military treatment facilities. MEMBERS OR DESIGNEES TO GREET BODIES OF MEMBERS OF THE DOCUMENTS.—Chapter 137 of title 10, United SA 3267. Ms. SNOWE submitted an ARMED FORCES KILLED IN ACTION States Code, is amended by adding at the end amendment intended to be proposed by OVERSEAS UPON THE RETURN TO the following new section: her to the bill S. 2400, to authorize ap- THE UNITED STATES. ‘‘§ 2333. Congressional oversight: submittal of propriations for fiscal year 2005 for (a) REQUIREMENT.—The Secretary of De- contract documents fense shall permit the family members of a military activities of the Department ‘‘(a) REQUIREMENT TO PROVIDE REQUESTED member of the Armed Forces killed in action of Defense, for military construction, DOCUMENTS.—Not later than 14 days after re- overseas, or the designees of such family ceiving from the chairman or ranking mem- and for defense activities of the De- members, to greet the body of the member of partment of Energy, to prescribe per- ber of a committee of Congress named in the Armed Forces at Dover Air Force Base, subsection (b) a request for documents de- sonnel strengths for such fiscal year Delaware, upon the return of the body of the scribed in subsection (c) regarding a Depart- for the Armed Services, and for other member of the Armed Forces from overseas. ment of Defense contract, the Secretary of purposes; which was ordered to lie on (b) LIMITATION ON NUMBER IN GREETING.— Defense shall transmit an unredacted copy of the table; as follows: The number of individuals who may greet each such document to the chairman or the body of a member of the Armed Forces On line 1, insert ‘‘subsection (b) of’’ after ranking member making the request. under subsection (a) may not exceed two in- ‘‘Strike’’. ‘‘(b) REQUESTING COMMITTEES.—The com- dividuals. mittees of Congress referred to in subsection SA 3268. Ms. SNOWE submitted an (c) PURPOSE.—The purpose of the greet- (a) are as follows: ing of a body of a member of the Armed amendment intended to be proposed by ‘‘(1) The Committee on Armed Services of Forces under subsection (a) shall be to per- the Senate. her to the bill S. 2400, to authorize ap- mit the individuals greeting the body to es- propriations for fiscal year 2005 for ‘‘(2) The Committee on Armed Services of cort the body to its place of burial. the House of Representatives. military activities of the Department ‘‘(3) The Committee on Small Business and of Defense, for military construction, SA 3271. Ms. SNOWE submitted an Entrepreneurship of the Senate. and for defense activities of the De- amendment intended to be proposed by ‘‘(4) The Committee on Small Business of partment of Energy, to prescribe per- her to the bill S. 2400, to authorize ap- the House of Representatives. sonnel strengths for such fiscal year propriations for fiscal year 2005 for ‘‘(5) The Committee on Governmental Af- for the Armed Services, and for other military activities of the Department fairs of the Senate. purposes; which was ordered to lie on of Defense, for military construction, ‘‘(6) The Committee on Government Re- the table; as follows: and for defense activities of the De- form of the House of Representatives. ‘‘(c) DOCUMENTS TO BE PROVIDED.—The re- At the end of subtitle C of title X, add partment of Energy, to prescribe per- quirement under subsection (a) applies to the following: sonnel strengths for such fiscal year documents, relating to a contract, that are for the Armed Services, and for other required to be maintained in the contracting SA 3269. Ms. SNOWE submitted an purposes; which was ordered to lie on office contract file, the contract administra- amendment intended to be proposed by the table; as follows: tion office contract file, and the paying of- her to the bill S. 2400, to authorize ap- At the end of subtitle C of title X, add the fice contract file pursuant to subpart 4.8 of propriations for fiscal year 2005 for following: the Federal Acquisition Regulation, including— military activities of the Department SEC. 1022. REPORT ON CONTINUITY OF CARE of Defense, for military construction, FURNISHED BY DEPARTMENT OF ‘‘(1) copies of the contract and all modi- and for defense activities of the De- DEFENSE AND DEPARTMENT OF fications; partment of Energy, to prescribe per- VETERANS AFFAIRS FOR COMBAT ‘‘(2) orders issued under the contract; INJURIES. ‘‘(3) justifications and approvals; sonnel strengths for such fiscal year Not later than ll days after the date of ‘‘(4) any Government estimate of contract for the Armed Services, and for other the enactment of this Act, the Secretary of price; purposes; which was ordered to lie on Defense and the Secretary of Veterans Af- ‘‘(5) source selection documentation; the table; as follows: fairs shall jointly submit to Congress a re- ‘‘(6) cost or price analysis; At the end of subtitle G of title X, add port on the status of efforts of the Depart- ‘‘(7) audit reports; the following ment of Defense and the Department of Vet- ‘‘(8) justification for type of contract; SEC. 1022. REPORT ON COMMUNICATIONS WITH erans Affairs to ensure that— ‘‘(9) authority for deviations from regula- FAMILIES REGARDING CASUALTY IN- (1) members of the Armed Forces who are tions, statutory requirements, or other re- VESTIGATIONS AND REPORTS. wounded or injured in combat receive the strictions; (a) REPORT.—Not later than 90 days after health care to which they are entitled from ‘‘(10) bills, invoices, vouchers, and sup- the date of the enactment of this Act, the each Department; porting documents; and

VerDate May 21 2004 03:38 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.089 S03PT1 S6462 CONGRESSIONAL RECORD — SENATE June 3, 2004 ‘‘(11) records of payments or receipts. actment of the National Defense Authoriza- ments on an annual basis or for payments on ‘‘(d) CONTRACT INCLUDES TASK OR DELIVERY tion Act for Fiscal Year 2005, the panel may a performance basis. Payments may be made ORDER.—In this section, the term ‘contract’ submit the report in accordance with that over a period of time agreed to by the Sec- includes a task or delivery order under a paragraph, but shall also— retary and the entity or for such time as task or delivery order contract.’’. ‘‘(A) review its findings and recommenda- may be necessary to perform the environ- (b) CLERICAL AMENDMENT.—The table of tions for consistency with subsection (d); and mental remediation and explosives cleanup sections at the beginning of such chapter is ‘‘(B) not later than one year after the date of the property, including any long-term op- amended by adding at the end the following of the enactment of the National Defense eration and maintenance requirements. new item: Authorization Act for Fiscal Year 2005, sub- (e) PAYMENT OF COSTS OF CONVEYANCE.—(1) ‘‘2333. Congressional oversight: submittal of mit to the committees of Congress specified The Secretary may require the entity or contract documents.’’. in paragraph (1) a supplemental report that other persons to cover costs to be incurred contains the conclusions of the panel upon by the Secretary, or to reimburse the Sec- SA 3273. Ms. SNOWE submitted an review under subparagraph (A), together retary for costs incurred by the Secretary, to amendment intended to be proposed by with any revised or additional recommenda- carry out the conveyance under subsection her to the bill S. 2400, to authorize ap- tions resulting from the application of sub- (a), including survey costs, costs related to propriations for fiscal year 2005 for section (d)(2).’’. environmental, and other administrative military activities of the Department costs related to the conveyance. of Defense, for military construction, SA 3274. Mrs. DOLE (for Mr. ROB- (2) Amounts received under paragraph (1) and for defense activities of the De- ERTS) proposed an amendment to the shall be credited to the appropriation, fund, or account from which the costs were paid. partment of Energy, to prescribe per- bill S. 2400, to authorize appropriations for fiscal year 2005 for military activi- Amounts so credited shall be merged with sonnel strengths for such fiscal year funds in such appropriation, fund, or ac- for the Armed Services, and for other ties of the Department of Energy, to count, and shall be available for the same purposes; which was ordered to lie on prescribe personnel strengths for such purposes, and subject to the same limita- the table; as follows: fiscal year for the Armed Services, and tions, as the funds with which merged. On page 158, between lines 6 and 7, insert for other purposes; as follows: (f) DESCRIPTION OF PROPERTY.—The exact the following: At the end of subtitle C of title XXVIII, in- acreage and legal description of the real SEC. 805. REVISION AND EXTENSION OF AUTHOR- sert the following: property to be conveyed under subsection (a) shall be determined by a survey jointly satis- ITY FOR ADVISORY PANEL ON RE- SEC. 2830. LAND CONVEYANCE, SUNFLOWER VIEW OF GOVERNMENT PROCURE- ARMY AMMUNITION PLANT, KANSAS. factory to the Secretary and the Adminis- MENT LAWS AND REGULATIONS. trator. (a) CONVEYANCE AUTHORIZED.—The Sec- (a) RELATIONSHIP OF RECOMMENDATIONS TO (g) ADDITIONAL TERMS AND CONDITIONS.— retary of the Army, in consultation with the SMALL BUSINESSES.—Section 1423 of the Na- The Secretary and the Administrator may Administrator of General Services, may con- tional Defense Authorization Act for Fiscal require such additional terms and conditions vey to an entity selected by the Board of Year 2004 (Public Law 106–136; 117 Stat. 1669; in connection with the conveyance of real Commissioners of Johnson County, Kansas 41 U.S.C. 405 note) is amended— property under subsection (a), and the envi- (in this section referred to as the ‘‘entity’’ (1) by redesignating subsection (d) as sub- ronmental remediation and explosives clean- and the ‘‘Board’’, respectively), all right, section (e); and up under subsection (d), as the Secretary and title, and interest of the United States in (2) by inserting after subsection (c) the fol- the Administrator jointly consider appro- and to a parcel of real property, including lowing new subsection (d): priate to protect the interests of the United any improvements thereon, consisting of ap- ‘‘(d) ISSUES RELATING TO SMALL BUSI- States. proximately 9,065 acres and containing the NESSES.—In developing recommendations Sunflower Army Ammunition Plant. The under subsection (c)(2), the panel shall— SA 3275. Mrs. DOLE (for Mr. LEVIN) ‘‘(1) consider the effects of its rec- purpose of the conveyance is to facilitate the re-use of the property for economic develop- proposed an amendment to the bill S. ommendations on small business concerns; 2400, to authorize appropriations for and ment and revitalization. (b) CONSIDERATION.—(1) As consideration fiscal year 2005 for military activities ‘‘(2) include any recommended modifica- of the Department of Defense, for mili- tions of laws, regulations, and policies that for the conveyance under subsection (a), the the panel considers necessary to enhance and entity shall provide the United States, tary construction, and for defense ac- ensure competition in contracting that af- whether by cash payment, in-kind contribu- tivities of the Department of Energy, fords small business concerns meaningful option, or a combination thereof, an amount to prescribe personnel strengths for portunity to participate in Federal Govern- that is not less than the fair market value, such fiscal year for the Armed Serv- as determined by an appraisal of the prop- ment contracts.’’. ices, and for other purposes; as follows: EMBERSHIP.—Subsection (b) of such erty acceptable to the Administrator and the (b) M On page 280, after line 22, insert the fol- section is amended— Secretary. The Secretary may authorize the lowing: (1) by redesignating paragraphs (1) and (2) entity to carry out, as in-kind consideration, as subparagraphs (A) and (B); environmental remediation activities for the SEC. 1068. PROTECTION OF ARMED FORCES PER- SONNEL FROM RETALIATORY AC- (2) by inserting ‘‘(1)’’ after ‘‘(b) MEMBER- property conveyed under such subsection. (2) The Secretary shall deposit any cash re- TIONS FOR COMMUNICATIONS MADE SHIP.—’’; and THROUGH THE CHAIN OF COMMAND. ceived as consideration under this subsection (3) by adding at the end the following new (a) PROTECTED COMMUNICATIONS.—Section in a special account established pursuant to paragraph: 1034(b)(1)(B) of title 10, United States Code, is section 572(b) of title 40, United States Code, ‘‘(2) The Chief Counsel for Advocacy of the amended— to pay for environmental remediation and Small Business Administration, or a rep- (1) by striking ‘‘or’’ at the end of clause explosives cleanup of the property conveyed resentative of the Chief Counsel designated (iii)’’; and under subsection (a). by the Chief Counsel, shall be an ex officio (2) by striking clause (iv) and inserting the (c) CONSTRUCTION WITH PREVIOUS LAND member of the panel.’’. following: CONVEYANCE AUTHORITY ON SUNFLOWER ARMY (c) REVISION AND EXTENSION OF REPORTING ‘‘(iv) any person or organization in the AMMUNITION PLANT.—The authority in sub- REQUIREMENT.—Subsection (e) of such sec- chain of command; or section (a) to make the conveyance described tion, as redesignated by subsection (a)(1), is ‘‘(v) any other person or organization des- in that subsection is in addition to the au- amended— ignated pursuant to regulations or other es- thority under section 2823 of the Military (1) by striking ‘‘REPORT.—’’, and inserting tablished administrative procedures for such Construction Authorization Act for Fiscal ‘‘REPORTING REQUIREMENTS.—(1)’’; communications.’’. Year 2003 (division B of Public Law 107–314; (2) by striking ‘‘one year after the estab- (b) EFFECTIVE DATE AND APPLICABILITY.— lishment of the panel’’ and inserting ‘‘one 116 Stat. 2712) to make the conveyance de- This section and the amendments made by year after the date of the enactment of the scribed in that section. this section shall take effect on the date of National Defense Authorization Act for Fis- (d) ENVIRONMENTAL REMEDIATION AND EX- the enactment of this Act and shall apply cal Year 2005’’; PLOSIVES CLEANUP.—(1) Notwithstanding any with respect to any unfavorable personnel (3) by striking ‘‘Services and’’ both places other provision of law, the Secretary may action taken or threatened, and any with- it appears and inserting ‘‘Services,’’; enter into a multi-year cooperative agree- holding of or threat to withhold a favorable (4) by inserting ‘‘, and Small Business’’ ment or contract with the entity to under- personnel action, on or after that date. after ‘‘Government Reform’’; take environmental remediation and explo- (5) by inserting ‘‘, and Small Business and sives cleanup of the property, and may uti- SA 3276. Mrs. DOLE (for Mr. lize amounts authorized to be appropriated Entrepreneurship’’ after ‘‘Governmental Af- LIEBERMAN) proposed an amendment to for the Secretary for purposes of environ- fairs’’; and the bill S. 2400, to authorize appropria- (6) by adding at the end the following new mental remediation and explosives cleanup paragraph: under the agreement. tions for fiscal year 2005 for military ‘‘(2) If the panel completes the report (2) The terms of the cooperative agreement activities of the Department of De- under paragraph (1) before the date of the en- or contract may provide for advance pay- fense, for military construction, and

VerDate May 21 2004 03:38 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.094 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6463 for defense activities of the Depart- an amendment to the bill S. 2400, to au- (f) RELATIONSHIP TO OTHER TRANSFER AU- ment of Energy, to prescribe personnel thorize appropriations for fiscal year THORITY.—The authority to make transfers strengths for such fiscal year for the 2005 for military activities of the De- under this section is in addition to any other Armed Services, and for other pur- partment of Defense, for military con- transfer authority provided in this or any other Act and is not subject to any restric- poses; as follows: struction, and for defense activities of tion, limitation, or procedure that is appli- At the end of subtitle C of title X, add the the Department of Energy, to prescribe cable to the exercise of any such other au- following: personnel strengths for such fiscal year thority. SEC. 1022. REPORT ON TRAINING PROVIDED TO for the Armed Services, and for other (g) FINAL REPORT.—Not later than October MEMBERS OF THE ARMED FORCES purposes; as follows: 1, 2011, the Secretary of the Navy shall sub- TO PREPARE FOR POST-CONFLICT mit to the congressional defense committees OPERATIONS. Strike section 123 and insert the following: a report containing the Secretary’s evalua- (a) STUDY ON TRAINING.—The Secretary of SEC. 123. PILOT PROGRAM FOR FLEXIBLE FUND- tion of the efficacy of the authority provided Defense shall conduct a study to determine ING OF SUBMARINE ENGINEERED under this section. the extent to which members of the Armed REFUELING OVERHAUL AND CON- (h) TERMINATION OF PROGRAM.—No transfer Forces assigned to duty in support of contin- VERSION. may be made under this section after Sep- gency operations receive training in prepara- (a) ESTABLISHMENT.—The Secretary of the tember 30, 2012. tion for post-conflict operations and to Navy may carry out a pilot program of flexible funding of engineered refueling overhauls evaluate the quality of such training. SA 3279. Mr. NELSON of Florida sub- (b) MATTERS TO BE INCLUDED IN STUDY.—As and conversions of submarines in accordance part of the study under subsection (a), the with this section. mitted an amendment intended to be Secretary shall specifically evaluate the fol- (b) AUTHORITY.—Under the pilot program, proposed by him to the bill S. 2400, to lowing: the Secretary of the Navy may, subject to authorize appropriations for fiscal year (1) The doctrine, training, and leader-de- subsection (d), transfer amounts described in 2005 for military activities of the De- velopment system necessary to enable mem- subsection (c) to the authorization of appro- partment of Defense, for military con- bers of the Armed Forces to successfully op- priations for the Navy for procurement for shipbuilding and conversion for any fiscal struction, and for defense activities of erate in post-conflict operations. the Department of Energy, to prescribe (2) The adequacy of the curricula at mili- year to continue to provide authorization of tary educational facilities to ensure that the appropriations for any engineered refueling personnel strengths for such fiscal year Armed Forces has a cadre of members skilled conversion or overhaul of a submarine of the for the Armed Services, and for other in post-conflict duties, including a famili- Navy for which funds were initially provided purposes; which was ordered to lie on arity with applicable foreign languages and on the basis of the authorization of appro- the table; as follows: priations to which transferred. foreign cultures. On page 269, between lines 2 and 3, insert (c) AMOUNTS AVAILABLE FOR TRANSFER.— (3) The training time and resources avail- the following: The amounts available for transfer under able to members and units of the Armed (f) REPORT ON RELATIONSHIPS BETWEEN THE this section are amounts authorized to be ap- Forces to develop cultural awareness about GOVERNMENT OF VENEZUELA AND TERRORIST propriated to the Navy for any fiscal year ethnic backgrounds and religious beliefs of ORGANIZATIONS IN COLOMBIA.—(1) Not later after fiscal year 2004 and before fiscal year the people living in areas in which post-con- than 60 days after the date of the enactment 2013 for the following purposes: flict operations are likely to occur. of this Act, the Secretary of Defense shall, in (1) For procurement as follows: (4) The adequacy of training trans- consultation with the Secretary of State and (A) For shipbuilding and conversion. formation to emphasize post-conflict oper- the Director of Central Intelligence, submit (B) For weapons procurement. ations, including interagency coordination to the congressional defense committees and (C) For other procurement. in support of combatant commanders. the Committee on Foreign Relations of the (2) For operation and maintenance. (c) REPORT ON STUDY.—Not later than May Senate and the Committee on International (d) LIMITATIONS.—(1) A transfer may be 1, 2005, the Secretary shall submit to the Relations of the House of Representatives a made with respect to a submarine under this Committee on Armed Services of the Senate report that describes— section only to meet either (or both) of the and the Committee on Armed Services of the (A) any relationships between the Govern- following requirements: House of Representatives a report on the re- ment of Venezuela and foreign terrorist or- (A) An increase in the size of the workload sult of the study conducted under this sec- ganizations based in Colombia, including the for engineered refueling overhaul and con- tion. provision of any direct or indirect assistance version to meet existing requirements for to such organizations; and the submarine. SA 3277. Mrs. DOLE (for Mr. MILLER) (B) United States policies that are de- (B) A new engineered refueling overhaul proposed an amendment to the bill S. signed to address such relationships. and conversion requirement resulting from a 2400, to authorize appropriations for (2) The report under paragraph (1) shall be revision of the original baseline engineered fiscal year 2005 for military activities submitted in unclassified form, but may in- refueling overhaul and conversion program clude a classified annex. of the Department of Defense, for mili- for the submarine. tary construction, and for defense ac- (2) A transfer may not be made under this SA 3280. Mr. INHOFE (for himself, tivities of the Department of Energy, section before the date that is 30 days after Mr. BINGAMAN, Ms. COLLINS, Mr. DOR- to prescribe personnel strengths for the date on which the Secretary of the Navy GAN, Ms. CANTWELL, Mr. KOHL, and Mr. such fiscal year for the Armed Serv- transmits to the congressional defense com- COLEMAN) submitted an amendment in- ices, and for other purposes; as follows: mittees a written notification of the intended transfer. The notification shall intended to be proposed by him to the On page 79, between lines 10 and 11, insert clude the following matters: the following: bill S. 2400, to authorize appropriations (A) The purpose of the transfer. SEC. 515. STUDY REGARDING PROMOTION ELIGI- for fiscal year 2005 for military activi- BILITY OF RETIRED WARRANT OFFI- (B) The amounts to be transferred. ties of the Department of Defense, for CERS RECALLED TO ACTIVE DUTY. (C) Each account from which the funds are military construction, and for defense (a) REQUIREMENT FOR STUDY.—The Sec- to be transferred. activities of the Department of Energy, (D) Each program, project, or activity from retary of Defense shall carry out a study to to prescribe personnel strengths for determine whether it would be equitable for which the amounts are to be transferred. retired warrant officers on active duty, but (E) Each account to which the amounts are such fiscal year for the Armed Serv- not on the active-duty list by reason of sec- to be transferred. ices, and for other purposes; which was tion 582(2) of title 10, United States Code, to (F) A discussion of the implications of the ordered to lie on the table; as follows: be eligible for consideration for promotion transfer for the total cost of the submarine At the appropriate place, insert the fol- under section 573 of such title. engineered refueling overhaul and conver- lowing: (b) REPORT.—Not later than 180 days after sion program for which the transfer is to be SEC. ll. ENERGY SAVINGS PERFORMANCE CON- the date of the enactment of this Act, the made. TRACTS. Secretary of Defense shall submit to Con- (e) MERGER OF FUNDS.—A transfer made (a) PERMANENT EXTENSION.—Effective Sep- gress a report on the results of the study from one account to another with respect to tember 30, 2003, section 801(c) of the National under subsection (a). The report shall in- the engineered refueling overhaul and con- Energy Conservation Policy Act (42 U.S.C. clude a discussion of the Secretary’s deter- version of a submarine under the authority 8287(c)) is repealed. mination regarding the issue covered by the of this section shall be deemed to increase (b) PAYMENT OF COSTS.—Section 802 of the study, the rationale for the Secretary’s de- the amount authorized for the account to National Energy Conservation Policy Act (42 termination, and any recommended legisla- which the amount is transferred by an U.S.C. 8287a) is amended by inserting ‘‘, tion that the Secretary considers appro- amount equal to the amount transferred and water, or wastewater treatment’’ after ‘‘pay- priate regarding that issue. shall be available for the engineered refuel- ment of energy’’. ing overhaul and conversion of such sub- (c) ENERGY SAVINGS.—Section 804(2) of the SA 3278. Mrs. DOLE (for Mr. STEVENS marine for the same period as the account to National Energy Conservation Policy Act (42 (for himself and Mr. INOUYE)) proposed which transferred. U.S.C. 8287c(2)) is amended to read as follows:

VerDate May 21 2004 03:38 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.086 S03PT1 S6464 CONGRESSIONAL RECORD — SENATE June 3, 2004 ‘‘(2) The term ‘energy savings’ means a re- fighting operations in the short run, S. 1700, Advancing Justice though duction in the cost of energy, water, or and 3. the feasibility and desirability of DNA Technology Act of 2003 [Hatch, wastewater treatment, from a base cost es- designing and implementing an inspec- Leahy, Biden, Specter, DeWine, Fein- tablished through a methodology set forth in tion process to allow the use of multi- stein, Kennedy, Schumer, Durbin, the contract, used in an existing federally owned building or buildings or other feder- engine fire-retardant aircraft in the fu- Kohl, Edwards]; ally owned facilities as a result of— ture. The PRESIDING OFFICER. Without ‘‘(A) the lease or purchase of operating For further information, please con- objection, it is so ordered. equipment, improvements, altered operation tact Frank Gladics at 202–224–2878 or COMMITTEE ON THE JUDICIARY and maintenance, or technical services; Amy Millet at 202–224–8276. Mr. CRAPO. Mr. President, I ask ‘‘(B) the increased efficient use of existing f unanimous consent that the Com- energy sources by cogeneration or heat recovery, excluding any cogeneration process AUTHORITY FOR COMMITTEES TO mittee on the Judiciary be authorized for other than a federally owned building or MEET to meet to conduct a hearing on Thurs- buildings or other federally owned facilities; day, June 3, 2004 at 2:30 p.m. on ‘‘The COMMITTEE ON BANKING, HOUSING, AND URBAN or Child Custody Protection Act: Pro- AFFAIRS ‘‘(C) the increased efficient use of existing tecting Parents’ Rights and Children’s Mr. CRAPO. Mr. President, I ask water sources in either interior or exterior Lives’’ in the Dirksen Senate Office unanimous consent that the Com- applications.’’. Building room 226. The witness list is (d) ENERGY SAVINGS CONTRACT.—Section mittee on Banking, Housing, and attached. 804(3) of the National Energy Conservation Urban Affairs be authorized to meet Panel I: The Honorable John Ensign, Policy Act (42 U.S.C. 8287c(3)) is amended to during the session of the Senate on United States Senator [R–NV]. read as follows: Thursday, June 3, 2004, at 9:30 a.m. to Panel II: Mr. John C. Harrison, Pro- ‘‘(3) The terms ‘energy savings contract’ conduct a hearing on ‘‘Bank Secrecy and ‘energy savings performance contract’ fessor of Law, University of Virginia Act Enforcement.’’ mean a contract that provides for the per- School of Law, Charlottesville, VA; Mr. The PRESIDING OFFICER. Without formance of services for the design, acquisi- Peter J. Rubin, Professor of Law, objection, it is so ordered. tion, installation, testing, and, where appro- Georgetown University Law Center, priate, operation, maintenance, and repair, COMMITTEE ON THE JUDICIARY Washington, DC; and Ms. Teresa Stan- of an identified energy or water conservation Mr. CRAPO. Mr. President, I ask measure or series of measures at 1 or more ton Collett, Professor of Law, Univer- unanimous consent that the Com- sity of St. Thomas School of Law, Min- locations. Such contracts shall, with respect mittee on the Judiciary be authorized to an agency facility that is a public build- neapolis, MN. ing (as such term is defined in section 3301 of to meet to conduct a markup on Thurs- Panel III: Ms. Joyce Farley, Victim, title 40, United States Code), be in compli- day, June 3, 2004, at 9:30 a.m. in Dirk- Dushore, PA; Ms. Crystal Lane, Vic- ance with the prospectus requirements and sen Senate Building room 226. tim, Dushore, PA; and the Reverend procedures of section 3307 of title 40, United Agenda Dr. Katherine Hancock Ragsdale, St. States Code.’’. David’s Episcopal Church, Pepperell, (e) ENERGY OR WATER CONSERVATION MEAS- I. Nominations URE.—Section 804(4) of the National Energy MA. Conservation Policy Act (42 U.S.C. 8287c(4)) Henry W. Saad to be U.S. Circuit The PRESIDING OFFICER. Without is amended to read as follows: Judge for the Sixth Circuit objection, it is so ordered. ‘‘(4) The term ‘energy or water conserva- II. Legislation SUBCOMMITTEE ON COMPETITION, FOREIGN tion measure’ means— COMMERCE, AND INFRASTRUCTURE S. 1735, Gang Prevention and Effec- ‘‘(A) an energy conservation measure, as Mr. CRAPO. Mr. President, I ask defined in section 551; or tive Deterrence Act of 2003 [Hatch, unanimous consent that the Sub- ‘‘(B) a water conservation measure that Feinstein, Grassley, Graham, committee on Competition, Foreign improves the efficiency of water use, is life- Chambliss, Cornyn, Schumer, Biden]; cycle cost-effective, and involves water con- S. 1635, A bill to amend the Immigra- Commerce, and Infrastructures be au- servation, water recycling or reuse, more ef- tion and Nationality Act to ensure the thorized to meet on Thursday, June 3, ficient treatment of wastewater or integrity of the L–1 visa for 2004, at 2:30 p.m. on Thread Act revis- stormwater, improvements in operation or ited. maintenance efficiencies, retrofit activities, intracompany transferees [Chambliss]; S. 1129, Unaccompanied Alien Child The PRESIDING OFFICER. Without or other related activities, not at a Federal objection, it is so ordered. hydroelectric facility.’’. Protection Act of 2003 [Feinstein, (f) EXTENSION OF AUTHORITY.—Any energy DeWine, Feingold, Kennedy, Leahy, f savings performance contract entered into Specter, Edwards, Durbin, Kohl, Schu- PRIVILEGE OF THE FLOOR under section 801 of the National Energy mer]; Conservation Policy Act (42 U.S.C. 8287) after S. 2013, Satellite Home Viewer Exten- Mr. KENNEDY. Mr. President, I ask October 1, 2003, and before the date of enact- sion Act of 2004 [Hatch, Leahy, DeWine, unanimous consent for the permission ment of this Act, shall be deemed to have of the use of the floor for Matthew been entered into pursuant to such section Kohl]; 801 as amended by subsection (a) of this sec- S. 1887, A bill to amend the Con- Stump, a fellow in our office, during tion. trolled Substances Act to lift the pa- the consideration of this amendment. The PRESIDING OFFICER. Without f tient limitation on prescribing drug addiction treatments by medical practi- objection, it is so ordered. NOTICES OF HEARINGS/MEETINGS tioners in group practices Act of 2003 Mr. KENNEDY. I thank the Chair. SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS [Hatch, Levin, Biden]; f Mr. CRAIG. Mr. President, I would S. 2363, A bill to review and extend like to announce for the information of the Boys and Girls Clubs of America UNANIMOUS CONSENT the Senate and the public that a hear- Act of 2004 [Hatch, Leahy, DeWine, AGREEMENT—S. 2400 ing originally scheduled before the Kohl, Biden]; Mr. CRAPO. Mr. President, I ask Subcommittee on Public Lands and S. Con. Res. 5, A concurrent resolu- unanimous consent that all first-degree Forests of the Committee on Energy tion expressing the support for the amendments to the Defense authoriza- and Natural Resources on Wednesday, celebration in 2004 of the 150th anniver- tion bill which are in order from the June 16th, at 2:30 p.m. in room SD–366 sary of the Grand Excursion of 1854 Act previous list be filed at the desk no of the Dirksen Senate Office Building, of 2003 [Grassley, Durbin, Kohl, Fein- later than 5 p.m. on Monday, June 7. has been indefinitely postponed. gold]; Mr. REID. Reserving the right to ob- The purpose of the hearing was to re- S.J. Res. 4, Proposing an amendment ject, those who are listening should un- ceive testimony on: 1. the grounding of to the Constitution of the United derstand that this means you must file multi-engine fire-retardant aircraft, 2. States authorizing Congress to prohibit your amendments by 5 o’clock for them steps the Forest Service and Depart- the physical desecration of the flag of to be considered on the Defense bill. ment of the Interior have taken to pro- the United States Act of 2003 [Hatch, They must be filed. Everyone should vide alternative aerial support for ini- Feinstein, Sessions, DeWine, Grassley, also note that there is no need to tial attack and extended attack fire Graham, Cornyn, Chambliss, Specter]; refile. If there is an amendment at the

VerDate May 21 2004 03:38 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.088 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6465 desk you have already filed, that is all A concurrent resolution (S. Con. Res. 114) gram provides food to nearly 2,000,000 hungry you have to do. concerning the importance of the distribu- or malnourished children in 21 countries: The two leaders have decided, in con- tion of food in schools to hungry or malnour- Now, therefore, be it ished children around the world. junction with the two managers of the Resolved by the Senate (the House of Rep- There being no objection, the Senate resentatives concurring), That Congress— bill, that we need to move down the (1) expresses its grave concern about the road with this bill. We first had a finite proceeded to consider the resolution. Mr. CRAPO. Mr. President, I ask continuing problem of hunger and the des- list of some 250 or 260 amendments. We unanimous consent that the concur- perate need to feed hungry and malnourished would hope there would be fewer children around the world; rent resolution be agreed to, the pre- amendments than that when this filing (2) recognizes that the global distribution amble be agreed to, the motion to re- of food in schools to children around the takes place. The managers have dis- consider be laid upon the table, and posed of some. They will do more later. world increases attendance, particularly for that any statements relating to this girls, improves literacy rates, and increases Senator WARNER is off to Normandy, matter be printed in the RECORD. job opportunities, thereby helping to fight as he is a World War II veteran. But The PRESIDING OFFICER. Without poverty; Monday will be an opportunity for objection, it is so ordered. (3) recognizes that education of children Members to offer amendments. We re- The concurrent resolution (S. Con. around the world addresses several of the ceived an agreement on this side that Res. 114) was agreed to. root causes of international terrorism; on Monday we will allow the setaside The preamble was agreed to. (4) recognizes that the world will be safer of the Kennedy amendment. I haven’t The resolution, with its preamble, and more promising for children as a result seen all of them. The distinguished reads as follows: of better school attendance; (5) expresses its gratitude to former Sen- chairman is going to go through that. S. CON. RES. 114 ators George McGovern and Robert Dole for But I hope we have a time set up for Whereas there are more than 300,000,000 supporting the distribution of food in schools completing work on the Kennedy-Fein- chronically hungry and malnourished chil- around the world to children and for working stein amendment on Tuesday morning, dren in the world; to eradicate hunger and poverty around the early. Whereas more than half of these children world; The PRESIDING OFFICER. Without go to school on an empty stomach, and al- (6) commends the Department of Agri- most as many do not attend school at all, objection, it is so ordered. culture, the Agency for International Devel- but might if food were available; opment, the Department of State, the United f Whereas the distribution of food in schools Nations World Food Program, private vol- is one of the simplest and most effective EXECUTIVE SESSION untary organizations, non-governmental or- strategies to fight hunger and ganizations, and cooperatives for facilitating malnourishment among children; the distribution of food in schools around the Whereas when school meals are offered to world; hungry or malnourished children, attendance EXECUTIVE CALENDAR (7) expresses its continued support for the rates increase significantly, particularly for distribution of food in schools around the Mr. CRAPO. Mr. President, I ask girls; world; unanimous consent that the Senate im- Whereas the distribution of food in schools (8) supports expansion of the McGovern– mediately proceed to executive session encourages better school attendance, there- Dole International Food for Education and by improving literacy rates and fighting pov- to consider the following nominations Child Nutrition Program; and erty; on today’s Executive Calendar: Cal- (9) requests the President to work with the Whereas improvement in the education of endar Nos. 610 and 654. I further ask United Nations and its member states to ex- girls is one of the most important factors in pand international contributions for the dis- unanimous consent that the nomina- reducing child malnutrition in developing tions be confirmed, the motions to re- countries; tribution of food in schools around the consider be laid upon the table, the Whereas girls who attend schools tend to world. President be immediately notified of marry later in life and have fewer children, f the Senate’s action, and the Senate thereby helping them escape a life of pov- then return to legislative session. erty; NATIONAL GREAT BLACK AMERI- The PRESIDING OFFICER. Without Whereas by improving literacy rates and CANS COMMEMORATION ACT OF objection, it is so ordered. increasing job opportunities, education ad- 2004 dresses several of the root causes of ter- The nominations considered and con- rorism; Mr. CRAPO. Mr. President, I ask the firmed are as follows: Whereas the distribution of food in schools Chair to lay before the Senate a mes- DEPARTMENT OF JUSTICE increases attendance of children who might sage from the House of Representatives Matthew G. Whitaker, of Iowa, to be otherwise be susceptible to recruitment by on S. 1233, to authorize assistance for United States Attorney for the Southern groups that offer them food in return for the National Great Blacks in Wax Mu- District of Iowa for the term of four years. their attendance at extremist schools or participation in terrorist training camps; seum and Justice Learning Center. DEPARTMENT OF STATE Whereas the Global Food for Education The PRESIDING OFFICER laid be- Constance Berry Newman, of Illinois, to be Initiative pilot program, established in 2001, fore the Senate the following message an Assistant Secretary of State (African Af- donated surplus United States agricultural from the House of Representatives: fairs). commodities to the United Nations World S. 1233 Food Program and other recipients for dis- f Resolved, That the bill from the Senate (S. tribution to nearly 7,000,000 hungry and mal- 1233) entitled ‘‘An Act to authorize assist- nourished children in 38 countries; LEGISLATIVE SESSION ance for the National Great Blacks in Wax Whereas a recent Department of Agri- Museum and Justice Learning Center’’, do The PRESIDING OFFICER. Under culture evaluation found that the pilot pro- pass with the following amendment: the previous order, the Senate will re- gram created measurable improvements in Strike out all after the enacting clause and turn to legislative session. school attendance (particularly for girls), in- insert: f creased local employment and economic activity, produced greater involvement in local SECTION 1. SHORT TITLE. DISTRIBUTION OF FOOD IN infrastructure and community improvement This Act may be cited as the ‘‘National Great SCHOOLS TO HUNGRY OR MAL- projects, and increased participation by par- Black Americans Commemoration Act of 2004’’. NOURISHED CHILDREN ents in the schools and in the education of SEC. 2. FINDINGS. their children; Congress finds the following: Mr. CRAPO. Mr. President, I ask Whereas the Farm Security and Rural In- (1) Black Americans have served honorably in unanimous consent that the Senate vestment Act of 2002 (Public Law 107–171, 116 Congress, in senior executive branch positions, proceed to the immediate consider- Stat. 134) replaced the pilot program with in the law, the judiciary, and other fields, yet ation of S. Con. Res. 114, submitted the McGovern-Dole International Food for their record of service is not well known by the earlier today by Senator DOLE. Education and Child Nutrition Program, public, is not included in school history lessons, The PRESIDING OFFICER. The which was named after former Senators and is not adequately presented in the Nation’s George McGovern and Robert Dole for their museums. clerk will state the concurrent resolu- distinguished work to eradicate hunger and (2) The Great Blacks in Wax Museum, Inc. in tion by title. poverty around the world; and Baltimore, Maryland, a nonprofit organization, The assistant legislative clerk read Whereas the McGovern-Dole International is the Nation’s first wax museum presenting the as follows: Food for Education and Child Nutrition Pro- history of great Black Americans, including

VerDate May 21 2004 04:40 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00079 Fmt 4624 Sfmt 6333 E:\CR\FM\G03JN6.134 S03PT1 S6466 CONGRESSIONAL RECORD — SENATE June 3, 2004 those who have served in Congress, in senior ex- (13) The museum is located in the heart of an support of Republicans and Democrats ecutive branch positions, in the law, the judici- area designated as an empowerment zone, and is for the good works of Boys & Girls ary, and other fields, as well as others who have considered to be a catalyst for economic and Clubs across the nation. made significant contributions to benefit the Na- cultural improvements in this economically dis- Children are the future of our coun- tion. advantaged area. try, and we have a responsibility to (3) The Great Blacks in Wax Museum, Inc. SEC. 3. ASSISTANCE FOR NATIONAL GREAT plans to expand its existing facilities to establish BLACKS IN WAX MUSEUM AND JUS- make sure they are safe and secure. I the National Great Blacks in Wax Museum and TICE LEARNING CENTER. know firsthand how well Boys & Girls Justice Learning Center, which is intended to (a) ASSISTANCE FOR MUSEUM.—Subject to sub- Clubs work and what topnotch organi- serve as a national museum and center for pres- section (b), the Attorney General, acting zations they are. When I was a pros- entation of wax figures and related interactive through the Office of Justice Programs of the ecutor in Vermont, I was convinced of educational exhibits portraying the history of Department of Justice, shall, from amounts the great need for Boys & Girls Clubs great Black Americans. made available under subsection (c), make a (4) The wax medium has long been recognized because we rarely encountered children grant to the Great Blacks in Wax Museum, Inc. from these kinds of programs. In fact, as a unique and artistic means to record human in Baltimore, Maryland, to be used only for car- history through preservation of the faces and rying out programs relating to civil rights and after I became a U.S. Senator, a police personages of people of prominence, and histori- juvenile justice through the National Great chief was such a big fan that he asked cally, wax exhibits were used to commemorate Blacks in Wax Museum and Justice Learning me to help fund a Boys & Girls Club in noted figures in ancient Egypt, Babylon, Center. his district rather than helping him get Greece, and Rome, in medieval Europe, and in (b) GRANT REQUIREMENTS.—To receive a grant a couple more police officers. the art of the Italian renaissance. under subsection (a), the Great Blacks in Wax In Vermont, Boys & Girls Clubs have (5) The Great Blacks in Wax Museum, Inc. Museum, Inc. shall submit to the Attorney Gen- was founded in 1983 by Drs. Elmer and Joanne succeeded in preventing crime and sup- eral a proposal for the use of the grant, which porting our children. The first club was Martin, 2 Baltimore educators who used their shall include detailed plans for the programs re- personal savings to purchase wax figures, which ferred to in subsection (a). established in Burlington 62 years ago. they displayed in schools, churches, shopping (c) AUTHORIZATION OF APPROPRIATIONS.— Now we have 22 club sites operating malls, and festivals in the mid-Atlantic region. There is authorized to be appropriated to carry throughout the State: seven clubs in (6) The goal of the Martins was to test public out this section $5,000,000, to remain available Brattleboro, one in Springfield, two reaction to the idea of a Black history wax mu- through the end of fiscal year 2009. seum and so positive was the response over time clubs in Burlington, one in Winooski, that the museum has been heralded by the pub- Mr. CRAPO. Mr. President, I ask two clubs in Montpelier, five clubs in lic and the media as a national treasure. unanimous consent that the Senate Randolph, one club in Rutland, two (7) The museum has been the subject of fea- concur in the House amendment and clubs in Vergennes, and one in Bristol. ture stories by CNN, the Wall Street Journal, the the motion to reconsider be laid upon There are 10 additional project sites Baltimore Sun, the Washington Post, the New the table, with no intervening action. that will be on board and serving kids York Times, the Chicago Sun Times, the Dallas The PRESIDING OFFICER. Without by the end of 2005: one in Bennington, Morning News, the Los Angeles Times, USA Today, the Afro American Newspaper, Crisis, objection, it is so ordered. two in Burlington, one in Duxbury, one Essence Magazine, and others. f in St. Johnsbury, one in Hardwick, three in Randolph, and one in Ludlow. (8) More than 300,000 people from across the BOYS AND GIRLS CLUBS OF Nation visit the museum annually. These clubs will serve well over 10,000 AMERICA (9) The new museum will carry on the time kids statewide. honored artistic tradition of the wax medium; in Mr. CRAPO. Mr. President, I ask As a senior member of the Senate Ap- particular, it will recognize the significant value unanimous consent that the Senate propriations Committee, I have pushed of this medium to commemorate and appreciate proceed to the immediate consider- great Black Americans whose faces and person- for more Federal funding for Boys & ages are not widely recognized. ation of S. 2363, reported out earlier Girls Clubs. Since 1998, Congress has (10) The museum will employ the most skilled today by the Judiciary Committee. increased Federal support for Boys & artisans in the wax medium, use state-of-the-art The PRESIDING OFFICER. The Girls Clubs from $20 million to $80 mil- interactive exhibition technologies, and consult clerk will report the bill by title. lion in this year. Due in large part to with museum professionals throughout the Na- The assistant legislative clerk read this increase in funding, there now tion, and its exhibits will feature the following: as follows: exist 3,300 Boys & Girls Clubs in all 50 (A) Blacks who have served in the Senate and A bill (S. 2363) to revise and extend the House of Representatives of the United States, States serving more than 3.6 million Boys and Girls Clubs of America. including those who represented constituencies young people. Because of these suc- in Alabama, Florida, Georgia, Louisiana, Mis- There being no objection, the Senate cesses, I was both surprised and dis- sissippi, North Carolina, South Carolina, and proceeded to consider the bill. appointed to see that the President re- Virginia during the 19th century. Mr. LEAHY. Mr. President, I am quested a reduction of $20 million for (B) Blacks who have served in the judiciary, pleased that the Senate is taking up fiscal year 2005. That request will leave in the Department of Justice, as prominent at- and passing the legislation that Sen- thousands of children and their clubs torneys, in law enforcement, and in the struggle ator HATCH and I introduced together for equal rights under the law. behind and we cannot allow such a (C) Black veterans of various military engage- to reauthorize and expand the Depart- thing to happen. ments, including the Buffalo Soldiers and ment of Justice grant program for the In the 107th Congress, Senator HATCH Tuskegee Airmen, and the role of Blacks in the Boys & Girls Clubs of America. We re- and I worked together to pass the 21st settlement of the western United States. ported it out of the Judiciary Com- Century Department of Justice Appro- (D) Blacks who have served in senior execu- mittee this morning, and I thank the priations Authorization Act, which in- tive branch positions, including members of Senate for moving our bipartisan legis- cluded a provision to reauthorize Jus- Presidents’ Cabinets, Assistant Secretaries and Deputy Secretaries of Federal agencies, and lation so quickly. I also thank our 30 tice Department grants to establish Presidential advisers. bipartisan cosponsors, including the new Boys & Girls Clubs nationwide. By (E) Other Blacks whose accomplishments and Democratic leader, Senator DASCHLE, authorizing $80 million in DOJ grants contributions to human history during the last the assistant Democratic leader, Sen- for each of the fiscal years through millennium and to the Nation through more ator REID, and Judiciary Committee 2005, we sought to establish 1,200 addi- than 400 years are exemplary, including Black members Senators DEWINE, KOHL, tional Boys & Girls Clubs nationwide. educators, authors, scientists, inventors, ath- BIDEN, FEINSTEIN, CRAIG, SESSIONS, This was to bring the number of Boys & letes, clergy, and civil rights leaders. (11) The museum plans to develop collabo- DURBIN, EDWARDS, SCHUMER and Girls Clubs to 4,000, serving no less rative programs with other museums, serve as a CHAMBLISS, for supporting our legisla- than 5 million young people. This bill clearinghouse for training, technical assistance, tion to support the Boys & Girls Clubs will build upon this: we authorize Jus- and other resources involving use of the wax of America. tice Department grants at $80 million medium, and sponsor traveling exhibits to pro- Too often the public sees Republicans for fiscal year 2006, $85 million for fis- vide enriching museum experiences for commu- and Democrats disagreeing. From time cal year 2007, $90 million for fiscal year nities throughout the Nation. to time, even Senator HATCH and I dis- 2008, $95 million for fiscal year 2009 and (12) The museum has been recognized by the State of Maryland and the City of Baltimore as agree on important issues. But when it $100 million for fiscal year 2010 to Boys a preeminent facility for presenting and inter- comes to the Boys & Girls Clubs of & Girls Clubs to help establish 1,500 ad- preting Black history, using the wax medium in America, there is no doubt that we see ditional Boys & Girls Clubs across the its highest artistic form. eye-to-eye. This bill shows the unified Nation with the goal of having 5,000

VerDate May 21 2004 03:38 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.097 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — SENATE S6467 Boys & Girls Clubs in operation by De- ‘‘(A) $80,000,000 for fiscal year 2006; PROGRAM cember 31, 2010. ‘‘(B) $85,000,000 for fiscal year 2007; ‘‘(C) $90,000,000 for fiscal year 2008; Mr. CRAPO. Mr. President, tomorrow If we had a Boys & Girls Club in the Senate will resume consideration every community, prosecutors in our ‘‘(D) $95,000,000 for fiscal year 2009; and of the Department of Defense author- country would have a lot less work to ‘‘(E) $100,000,000 for fiscal year 2010.’’. ization bill. It is the leader’s hope that do because of the values that are being f we will be able to dispose of any instilled in children from the Boys & cleared amendments during tomorrow’s Girls Clubs of America. Each time I MEASURE READ THE FIRST session. However, there will be no roll- visit a club in Vermont, I am ap- TIME—S. 2498 call votes. We would like to debate proached by parents, educators, teach- Mr. CRAPO. Mr. President, I under- amendments during Friday’s session so ers, grandparents, and law enforcement stand that S. 2498 is at the desk, and I that we may stack rollcall votes begin- officers who tell me ‘‘Keep doing this! ask for its first reading. ning on Tuesday. We also hope to de- These clubs give our children the The PRESIDING OFFICER. The bate amendments on Monday, but, chance to grow up free of drugs, gangs clerk will report the bill by title. again, we will stack those votes for and crime.’’ The assistant legislative clerk read Tuesday as well. You cannot argue that these are just as follows: The leader has stated that it is his Democratic or Republican ideas, or A bill (S. 2498) to provide for a 10-year ex- conservative or liberal ideas—they are intention to complete action on this tension of the assault weapons ban. bill next week. We were just able to simply good-sense ideas. We need safe Mr. CRAPO. Mr. President, I now ask havens where our youth—the future of lock in a filing deadline for all first-de- for its second reading, and in order to our country—can learn and grow up gree amendments for Monday at 5 p.m. place the bill on the calendar under the free from the influences of drugs, gangs The next rollcall vote will, therefore, provisions of rule XIV, I object to my and crime. That is why Boys & Girls occur on Tuesday prior to the policy own request. Clubs are so important to our children. luncheon recess. The PRESIDING OFFICER. Objec- I thank the Senate for taking up and Mr. REID. Mr. President, if I may tion is heard. passing our bipartisan bill to expand continue before we adjourn for the Federal support for the Boys & Girls f evening. Clubs of America. Our country’s The PRESIDING OFFICER. The Sen- strength and ultimate success lies with ORDERS FOR FRIDAY, JUNE 4, 2004 ator from Nevada. our children. Our greatest responsi- Mr. CRAPO. Mr. President, I ask Mr. REID. We will not get consent bility is to help them inhabit this cen- unanimous consent that when the Sen- tomorrow to set aside the Kennedy tury the best way possible and we can ate completes its business today, it ad- amendment for the offering of other help do that by supporting the Boys & journ until 9:30 a.m. on Friday, June 4. amendments. We would, however, as we Girls Clubs of America. I further ask that following the prayer were earlier today, if the two managers Mr. CRAPO. Mr. President, I ask and pledge, the morning hour be have cleared amendments, be willing to unanimous consent that the bill be deemed expired, the Journal of pro- move those tomorrow. But as far as read a third time and passed, the mo- ceedings be approved to date, the time Senators being allowed to offer amend- tion to reconsider be laid upon the for the two leaders be reserved for their ments, that will not be possible. table, with no intervening action or de- use later in the day, and the Senate f bate, and that any statements relating then resume consideration of Calendar to the bill be printed in the RECORD. No. 503, S. 2400, the Department of De- ADJOURNMENT UNTIL 9:30 A.M. The PRESIDING OFFICER. Without fense authorization bill. TOMORROW objection, it is so ordered. The PRESIDING OFFICER. Without Mr. CRAPO. Mr. President, if there is The bill (S. 2363) was read the third objection, it is so ordered. no further business to come before the time and passed, as follows: Mr. CRAPO. Mr. President, I ask Senate, I ask unanimous consent that S. 2363 unanimous consent that when the Sen- the Senate stand in adjournment under ate resumes consideration of the De- Be it enacted by the Senate and House of Rep- the previous order. resentatives of the United States of America in fense bill on Tuesday, June 8, there There being no objection, the Senate, Congress assembled, then be 50 minutes under the control of at 6:30 p.m., adjourned until Friday, SECTION 1. BOYS AND GIRLS CLUBS OF AMERICA. Senator KENNEDY or his designee and 50 June 4, 2004, at 9:30 a.m. Section 401 of the Economic Espionage Act minutes under the control of the chair- of 1996 (42 U.S.C. 13751 note) is amended— man or his designee. Further, I ask (1) in subsection (a)(2)— f (A) by striking ‘‘1,200’’ and inserting unanimous consent that following that CONFIRMATIONS ‘‘1,500’’; debate, the Senate proceed to a vote in Executive nominations confirmed by (B) by striking ‘‘4,000’’ and inserting relation to the Kennedy amendment, the Senate June 3, 2004: ‘‘5,000’’; and with no amendments in order to the DEPARTMENT OF STATE (C) by striking ‘‘December 31, 2005’’ and in- amendment prior to the vote. serting ‘‘December 31, 2010’’; CONSTANCE BERRY NEWMAN, OF ILLINOIS, TO BE AN Mr. REID. Mr. President, reserving ASSISTANT SECRETARY OF STATE (AFRICAN AFFAIRS). (2) in subsection (c)— the right to object. THE ABOVE NOMINATION WAS APPROVED SUBJECT TO (A) in paragraph (1), by striking ‘‘2002, 2003, The PRESIDING OFFICER. The Sen- THE NOMINEE’S COMMITMENT TO RESPOND TO RE- 2004, 2005, and 2006’’ and inserting ‘‘2006, 2007, QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY 2008, 2009, and 2010’’; and ator from Nevada. CONSTITUTED COMMITTEE OF THE SENATE. (B) in paragraph (2)— Mr. REID. Mr. President, I ask my THE JUDICIARY (i) in subparagraph (A), by striking ‘‘1,200’’ distinguished friend to amend the SANDRA L. TOWNES, OF NEW YORK, TO BE UNITED and inserting ‘‘1,500’’; and unanimous consent request to allow 10 STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT OF NEW YORK. (ii) in subparagraph (B)— minutes of the Kennedy 50 minutes to KENNETH M. KARAS, OF NEW YORK, TO BE UNITED (I) by striking ‘‘4,000’’ and inserting be under the control of the ranking STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT ‘‘5,000’’; and member of the committee, Senator OF NEW YORK. (II) by striking ‘‘2007’’ and inserting ‘‘2010’’; JUDITH C. HERRERA, OF NEW MEXICO, TO BE UNITED LEVIN. STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW and MEXICO. Mr. CRAPO. I have no objection to (3) in subsection (e), by striking paragraph DEPARTMENT OF JUSTICE (1) and inserting the following: such a modification of the request. The PRESIDING OFFICER. Without MATTHEW G. WHITAKER, OF IOWA, TO BE UNITED ‘‘(1) IN GENERAL.—There are authorized to STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF be appropriated to carry out this section— objection, it is so ordered. IOWA FOR THE TERM OF FOUR YEARS.

VerDate May 21 2004 03:38 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00081 Fmt 4624 Sfmt 9801 E:\CR\FM\G03JN6.138 S03PT1 June 3, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1021 EXTENSIONS OF REMARKS

PAYING TRIBUTE TO DUANE INTRODUCTION OF THE VOCA- and accountability, streamline programs so GERREN TIONAL AND TECHNICAL EDU- that states may better utilize federal dollars, CATION FOR THE FUTURE ACT and provide a model sequence of courses that will enhance vocational and technical edu- HON. SCOTT McINNIS HON. MICHAEL N. CASTLE cation programs and partnerships. OF COLORADO OF DELAWARE The bill include important steps to increase IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES accountability, and emphasizes continued improvement in student achievement. The bill Thursday, June 3, 2004 Thursday, June 3, 2004 establishes separate performance indicators Mr. CASTLE. Mr. Speaker, I rise in support Mr. MCINNIS. Mr. Speaker, it is a privilege for secondary and postsecondary students, of this bill, which I am offering to ensure the improving on current law by recognizing the to rise today to pay tribute to Duane Gerren continued success of vocational and technical and thank him for his outstanding commitment need for distinct measures to be applied to dif- education programs into the future. The bill, fering students. The bill also requires states to to serving the people of Colorado as a Dolo- the Vocational and Technical Education for the res County Commissioner. As he celebrates make continued and substantial improvement Future Act, includes a number of positive rein the academic and vocational and technical his retirement, let it be known that he leaves forms that will help strengthen vocational and behind a wonderful and strong legacy of dedi- achievement of students, and establishes in- technical education programs and improve op- centive grants for states exceeding their own cation to the citizens of Dolores County and portunities for students. the State of Colorado. high standards. Vocational and technical education, author- To increase accountability and achievement For the past four years, Duane has served ized under the Carl D. Perkins Vocational and at the local level, the bill requires local pro- Dolores County as a county commissioner. He Technical Education Act and known as the grams to establish local adjusted levels of per- also serves on the Dolores County Senior Ad- Perkins program, aims to prepare youth and formance similar to current statewide perform- visory Board where he represented Dolores adults for the future by building their academic ance level expectations. The Vocational and County to the 2002 Philanthropy Days for the and technical skills and ensuring they are Technical Education for the Future Act also Southwest. This enabled the Dolores County equipped to proceed with postsecondary edu- establishes local improvement plans and per- Senior Services to receive grants to help sus- cation or pursue other avenues. This program mits states to apply sanctions for local recipi- tain the senior program. Duane’s extensive represents one of the largest federal invest- ents that, after receiving technical assistance, civic involvement also includes serving on the ments in our Nation’s high schools and is a fail to show improvement or continually do not Canyon of the Ancients Advisory Board, San key component of our secondary and postsec- meet local adjusted levels of performance. Juan Basin Area Agency on Aging, and Hous- ondary education systems. To better streamline and target federal funding Solutions for the Southwest. According to the National Center for Edu- ing, the bill combines funding for the TechPrep Mr. Speaker, it is clear that County Commis- cation Statistics, 66 percent of all public sec- and Perkins state grant programs into one sioner Duane Gerren has ceaselessly dedi- ondary schools have one or more vocational program funding stream, and incorporates the cated his time and efforts to serving his county and technical education programs with ap- activities of Tech-Prep into the basic grant and the people of Colorado as a County Com- proximately 96 percent of high school students program. This consolidation will increase flexi- missioner for Dolores County. I am honored to taking at least one vocational and technical bility for states, streamline funding, and ensure bring his hard work and commitment to the at- course during their secondary studies. Voca- current activities continue to exist while the tention of this body of Congress and this national and technical education is an important program as a whole is updated to meet the tion today. Thank you for all your service postsecondary option as well. Over 2,600 challenges of the future. Duane, and I wish you all the best in your fu- postsecondary sub-baccalaureate institutions, The Vocational and Technical Education for ture endeavors. such as community colleges, technical insti- the Future Act includes an important new ele- tutes, skill centers, and other public and pri- ment that will build upon efforts to coordinate f vate colleges, also offer vocational and tech- secondary and postsecondary vocational and nical education. technical education. The bill requires states to FALLEN HEROES Reforms made to the Perkins Act in 1998 develop model sequences of courses for voca- increased the focus on ensuring that partici- tional and technical programs to be used as SPEECH OF pating students at both the secondary and an option at the local level. These model se- postsecondary levels acquired academic and quences of courses will incorporate both sec- HON. CHARLES F. BASS technical skills, as well as completed their re- ondary and postsecondary elements, include OF NEW HAMPSHIRE spective programs and transitioned into suc- rigorous and challenging academic and voca- cessful employment or further education. tional and technical content in a coordinated, IN THE HOUSE OF REPRESENTATIVES Some progress has been made as states nonduplicative progression of courses, and Thursday, May 20, 2004 have created an initial performance account- lead to a degree or credential. ability system and the focus on academic per- Technology and economic competition are Mr. BASS. Mr. Speaker, I rise to honor Ser- formance among students participating in vo- combining in ways that are changing the na- geant William John Tracy, Jr. of Webster, New cational and technical education courses has ture of work and are redefining the American Hampshire. He bravely served the Army’s been strengthened. workplace. The need for higher literacy, Company B, 5–158th Aviation, supporting Op- Today, I am offering the Vocational and numeracy, communication, and interpersonal eration Enduring Freedom. Sgt. Tracy made Technical Education for the Future Act to build skills in the workplace has grown over the the ultimate sacrifice to protect his country and on the 1998 reforms, and ensure vocational past decade and will continue to be an impor- aid the Afghani people when his Blackhawk and technical education continues to prepare tant factor in the workplace in the future. The helicopter tragically crashed in Kuwait on Feb- students for whatever they choose to pursue skills needed to be successful in postsec- ruary 25, 2003. upon graduation. Should a student choose to ondary education are similar to the skills that I ask my colleagues to join me in honoring proceed with postsecondary education, enter are required by employers. The need for a Sergeant William John Tracy, Jr. and our the military, or pursue other opportunities, the strong academic and technical background other service men and women who have cou- goal of the Perkins program must be to pre- makes it imperative that the current vocational rageously given their own lives in order to pro- pare students with the right combination of and technical education system adapt in order tect and defend the democracy we enjoy in academic and technical skills so that they may to provide the knowledge and skills needed to America and to extend the freedoms that succeed in whatever path they choose. succeed. come with democracy to those who live in fear The bill I am offering includes a number of The bill I am offering today seeks to meet and oppression worldwide. reforms designed to enhance achievement the challenges of a changing economy and

∑ 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 May 21 2004 04:59 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K03JN8.001 E03PT1 E1022 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 2004 workplace by building upon the current suc- nance Section by a panel of economic devel- The U.N. Food and Agriculture Organiza- cesses of vocational and technical education. opment experts. The city of San Diego and tion’s report found that genetically modified Our challenge is to ensure that all vocational the state of California should be extremely crops have been a help to the world’s small farmers without posing any food safety and technical education students have access proud of this achievement. threats. In fact, the group said, the major to programs that are sufficiently rigorous in Helping businesses in San Diego grow and problem is that the technology hasn’t spread both their academic and technical content, as flourish is a major focus of the City of San fast enough or focused enough on the most well as provide clear connections with the Diego. The Community and Economic Devel- beneficial crops. education and training beyond high school that opment Department is dedicated to helping Basic food crops of the poor such as cas- most Americans need for continued workplace foster the region’s economic base to improve sava, potato, rice and wheat receive little at- success. I believe this bill fulfills those high the quality of life for its citizens and business tention from scientists, the agency said. Bio- standards, and I am pleased to be offering it community. Through many continuing pro- technology holds promise for other important applications, too, such as animal vac- today. grams and projects, the City creates opportu- cines and breeding. f nities for businesses to succeed. The Depart- The recent U.N. report notes that sci- ment is a key component in attracting, retain- entists are almost universally agreed that H. CON. RES. 413 ing and expanding businesses, creating jobs GM crops currently on the market are safe and increasing investment in San Diego. to eat. Even the European Union, where ac- SPEECH OF San Diego Community and Economic De- tivists have poisoned consumers with fears of HON. CAROLYN B. MALONEY velopment’s Business Finance Team works to GM foods’ hazards, has bowed to science and recently ended a moratorium on approving OF NEW YORK facilitate the flow of capital and other renew biotech crops. (Approval of new crops IN THE HOUSE OF REPRESENTATIVES sources to the underserved areas of the city. will likely continue to be slow, however, and Activities of the Business Development Team Wednesday, June 2, 2004 consumer acceptance limited.) include issuance of industrial development The U.N. agency offers no blank check for Mrs. MALONEY. Mr. Speaker, I rise today in bonds and direct loans. The Team also works genetic engineering, however, nor should it. support of the resolution honoring the con- closely with the banking community and en- Careful environmental scrutiny is needed for tributions of the more than 6 million American courages banks to develop and commit to San each new crop, as the possibility of genes’ women, symbolized by ‘‘Rosie the Riveter’’, Diego-specific programs that provide ex- reaching wild populations exists. Keeping who served our country on the homefront dur- panded credit and banking services access for medicinal crops, like those which erro- neously reached an Aurora, Neb., co-op ele- ing World War II and the changes to our soci- low-income communities and small and minor- ety that came about because of them. These vator a few years ago, in proper channels ity-owned businesses. also must be considered. women stepped forward when our country In 2002, 83 percent of the operating ex- But GM foods have brought real help al- needed them to work as engineers and weld- penses of the Business Finance Team came ready to the world’s poor farmers—more ers and riveters to produce the ships and from portfolio earnings and outside grants. Be- money from improved crop yields, fewer dan- planes and tanks necessary for us to win the ginning in 1993, the Economic Development gers through the reduced use of pesticides. war. Administration has awarded three revolving On the horizon is the promise of more nutri- I recently visited a factory in Athens, New loan fund investments for economic develop- tious foods and crops that grow in water- York, that makes electric boats. They told me parched areas. ment in the city of San Diego. These invest- World efforts and research dollars should that even in this town of less than 4000 peo- ments were, in large part, possible due to the be funneled into those areas. ple, this boat factory was filled with women excellent stewardship exhibited by the Com- At the very least, we hope the U.N. report workers during World War II. The women fac- munity and Economic Development’s Business chokes off the fears that have left donated tory workers made hundreds of thousands of Finance Team. foods rotting in ports while African popu- life rafts to support the troops serving at sea. Mr. Speaker, I ask that my colleagues join lations starve. The whole country turned into a big factory to me in recognizing the outstanding achieve- f support the war effort, and the women workers ment of the City of San Diego’s Community FALLEN HEROES were the force behind that factory. and Economic Development and applaud their The legacy of Rosie the Riveter is a broad- success in creating jobs and business growth SPEECH OF ening of opportunities to all Americans. For in the San Diego region. the first time in America, during World War II, f HON. MAC THORNBERRY women and minorities gained access to high- OF TEXAS paying jobs in industry. Employee-sponsored THE BENEFITS OF BIOTECH FOODS IN THE HOUSE OF REPRESENTATIVES health care and services such as child care for Thursday, May 20, 2004 children of workers originated at this time. I HON. DOUG BEREUTER join my colleagues today in applauding the im- OF NEBRASKA Mr. THORNBERRY. Mr. Speaker, on this provements in the workplace and our society IN THE HOUSE OF REPRESENTATIVES Memorial Day, let us remember Air Force during the Rosie the Riveter Era and in hon- Captain Eric Das. He was a young man from Thursday, June 3, 2004 oring these women for stepping forward when my district who loved our country, and who their country needed them. Mr. BEREUTER. Mr. Speaker, this Member lost his life fighting for its ideals in Iraq. f commends to his colleagues the following edi- Captain Eric Das, 30, of Amarillo, Texas, torial from the May 20, 2004, Omaha World- was an Air Force pilot for the 333rd Fighter A TRIBUTE TO THE CITY OF SAN Herald. The editorial highlights the findings in Squadron of the 4th Fighter Wing at North DIEGO COMMUNITY AND ECO- a recent report issued by the U.N. Food and Carolina’s Seymour Air Force Base. He was NOMIC DEVELOPMENT Agriculture Organization. As the U.N. report pronounced killed in action on April 18, 2003. noted, biotech foods have been found to be Eric was on a bombing mission, flying an F– HON. RANDY ‘‘DUKE’’ CUNNINGHAM safe and hold the potential to alleviate world 15E Strike Eagle jet over Iraq, when his plane OF CALIFORNIA hunger and disease. Biotech crops have al- was shot down on April 6, 2003. Eric has IN THE HOUSE OF REPRESENTATIVES ready provided improved crop yields and re- been awarded the Purple Heart, the Meri- duced the demand for chemicals. While rea- torious Service Award, and the Distinguished Thursday, June 3, 2004 sonable safeguards must remain in place, the Flying Cross. He has also been installed in the Mr. CUNNINGHAM. Mr. Speaker, I rise continued research and use of biotech foods Amarillo High School Hall of Fame. He will be today to pay tribute to the City of San Diego should be expanded. Those suffering from remembered for his strong, sure faith in God. Community and Economic Development. The hunger in developing countries should not be Eric leaves behind his wife, 1st Lieutenant City of San Diego Community and Economic deprived of the benefits of biotech foods sim- Nikki Das; parents, Bruce and Rosie Das of Development is the winner of the Economic ply due to irrational and unscientific fears. Amarillo; two sisters, Melody Neumann and Development Administration’s Excellence in [From the Omaha World-Herald] Elisa Das, both of Amarillo; and his grand- Economic Development Award for 2004 in the BIOTECH’S BENEFITS mother, Jessie Renne of Minnesota. Eric was category of Excellence in Urban or Suburban A United Nations food agency’s new report not only a soldier, but a friend to many, a Economic Development. San Diego Commu- offering a positive outlook on biotech foods committed husband, and he will be remem- nity and Economic Development was given should spur more thoughtful research and bered for the lasting impact he had on those this honor for the program of Business Fi- regulations on the world stage. who knew him.

VerDate May 21 2004 04:21 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.003 E03PT1 June 3, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1023 Those who wish for the liberty of all people CONDEMNING THE CRACKDOWN ON In early May, Beijing warned legislators in will forever owe a debt to Captain Das. This DEMOCRACY PROTESTORS IN Hong Kong that they have no right to criticize young man from the Texas Panhandle be- TIANANMEN SQUARE, BEIJING, the government’s decision to rule out full de- came a hero when he refused to be governed IN THE PEOPLE’S REPUBLIC OF mocracy. Beijing also sent eight Chinese war- by fear and sacrificed his life for us and our CHINA ON THE 15TH ANNIVER- ships—two submarines, four frigates and two SARY OF THAT TRAGIC MAS- destroyers—through Hong Kong’s Victoria safety. SACRE Harbor. Is this display of force a prelude to a Captain Eric Das has joined an unbroken Tiananmen-style crackdown? This provocative line of patriots who dared to die so that free- SPEECH OF display of force certainly sends an ominous dom might live and grow and increase its HON. MARK E. SOUDER warning to Hong Kong’s democrats and the blessings. OF INDIANA rest of the world that the People’s Republic of IN THE HOUSE OF REPRESENTATIVES China will dictate policy in Hong Kong, and May God continue to bless our Nation with that dissension will be dealt with in a resolute such heroes. Wednesday, June 2, 2004 manner. Mr. SOUDER. Mr. Speaker, on 4 June All of the PRO’s actions lay bare Beijing’s f 1989, communist Chinese tanks rumbled into contempt for the rule of law. It is apparent that Tiananmen Square. Since that bleak day 15 the PRC wants to rule Hong Kong like the rest RECOGNIZING GREG GROUNDS years ago, when the communist hardliners of China—corruptly, inefficiently, heavy- quashed liberty under the treads of a tank, handedly. Hong Kong will not remain the vi- China has undergone many changes. Despite brant capitalist center without freedom. Politics HON. SAM GRAVES the liberalization that appears to have taken and economics are inextricably tied to one an- OF MISSOURI place, China remains dedicated to absolute other. control by the communist government. No China’s mishandling of Hong Kong sends an IN THE HOUSE OF REPRESENTATIVES where is this commitment more evident than in unmistakable message to other observers Thursday, June 3, 2004 a 421 square mile economic and political around the region. If China ever hopes to en- haven called Hong Kong. tice Taiwan into the Chinese fold, their poli- Mr. GRAVES. Mr. Speaker, I proudly pause In 1997, the United Kingdom returned Hong cies, vis-a`-vis Hong Kong do not offer very re- to recognize Greg Grounds, Mayor of Blue Kong to the People’s Republic of China. As assuring prospects. I believe it is up to the Springs, Missouri from 1990 through April part of the agreement transferring sovereignty, people of Taiwan to decide whether or not 2004 and former Alderman of Ward 1. Greg’s China pledged to keep Hong Kong’s demo- they will be united with the Mainland; but Bei- jing’s current attempts to choke democracy community involvement has always been ex- cratic and capitalist system in place for 50 and capitalism in Hong Kong certainly do not tensive whether it be in public office or in vol- years. Hong Kong’s Basic Law, which is based on an agreement between Great Britain make unification an attractive option for Tai- unteer work. In the past, he has served in and the PRC, guarantees freedom of speech, wan. such capacities as the Mid-America Regional freedom of the press, freedom of association, Beijing’s current attitudes toward Hong Kong Council Board of Directors, Chairman of the freedom of assembly, and freedom of religion. show us the real meaning of One China, Two Jackson County Suburban Mayors Associa- Private property rights and protection from ar- Systems. As the Beijing’s true definition of this tion, and worked with the National League of bitrary or unlawful arrest, detention or impris- policy becomes apparent, it is imperative that Cities’ Finance, Administration and Intergov- onment are also guaranteed. Residents of the we support Taiwan’s efforts to resist Beijing’s ernmental Relations Policy Committee. Greg is Hong Kong have the right to vote and the right hostile advances. It is also imperative that we also a past Co-Chair and Member of the East- to stand for election. support democracy in Hong Kong before it is ern Jackson County Betterment Council and a The freedoms and liberties enshrined in the too late. past President of the West Gate Division of Basic Law sound remarkably like the freedoms f and liberties that we enjoy in the United States the Missouri Municipal League. RECOGNIZING DR. GLENDA by virtue of the Constitution. The only dif- VITTIMBERGA Greg’s efforts as Mayor and Alderman conference is that no one in the United States is tributed heavily to the development and suc- actively working to destroy the Constitution. cessful growth of Blue Springs over the past Over the last few years, the honeymoon be- HON. HILDA L. SOLIS OF CALIFORNIA fifteen years. Greg has helped lead many im- tween Beijing and Hong Kong has ended. Bei- IN THE HOUSE OF REPRESENTATIVES portant projects such as the development of jing has tightened its grip on the region, and Thursday, June 3, 2004 the Adams Dairy Corridor that included the has begun to undermine the fundamental free- construction of the Adams Pointe Golf Club doms promised under the Basic Law. Perhaps Ms. SOLIS. Mr. Speaker, I rise to recognize and the Adams Pointe Conference Center, not coincidentally, Hong Kong’s economy has the life and legacy of Dr. Glenda Vittimberga, foundered in the last few years. construction of several new parks and recre- a leader in the field of psychology who re- When the British left Hong Kong, the Com- cently passed away. ation facilities for the community including Wil- munist government reassured the world that Dr. Vittimberga was a young and vibrant bur Young Park, the Hidden Valley Park nothing would be done to undermine Hong scholar who dedicated her life to teaching and Sports Complex, and Vesper Hall, and resi- Kong. After all, it was argued, in their eager- enriching the minds of college students at dential and commercial development valued in ness to show the world a new face, why would California State University, Los Angeles. Born excess of $310 and $140 million respectively. China destroy one of the premier trading and in Warwick, Rhode Island on June 29, 1967, In addition, his leadership resulted in the addi- financial centers in the Orient. Why, indeed? she earned her Bachelor of Arts degree in tion of 980,000 square feet of new retail space After 7 years, we see that the Communist Clinical Psychology from the University of and the annexation of 2,000 acres in south government has every intention of destroying Rhode Island in 1988, earning Summa Cum Blue Springs for which Greg helped to develop Hong Kong. Last year Beijing proposed a law Laude honors. Shortly after, she received both that would have restricted freedom of the a South Annexation Plan in preparation for its a Masters degree in 1991 and a Doctorate de- press and the ability of residents to criticize gree in 1994 in Clinical Psychology from West future growth. the government. In response over 500,000 of Virginia University. Greg is a fine asset to the city of Blue Hong Kong’s 6.8 million people demonstrated In 1988, Dr. Vittimberga obtained a tenure- Springs and the entire Sixth District of Mis- against the PRO’s attempts to stifle democ- track position at Cal State L.A., where she souri. Through his rich career in community, racy. The Mainland government backed off— proudly shared her expertise and taught clin- volunteer and public service, he is the epitome but only temporarily. Hong Kong’s Chief Exec- ical psychology at the university’s psychology of an ideal citizen. Mr. Speaker, I proudly ask utive Tung Chee-hwa has promised to revisit department. Her position included teaching you to join me in commending the career, as the issue. courses in behavior theory, individual assess- In April, Beijing ruled out universal suffrage ment, counseling skills, intervention of severe well as the future of Greg Grounds, who ex- for Hong Kong’s chief executive in 2007 and behavior problems, and supervising graduate emplifies stellar qualities of dedication and the legislature in 2008. One mainland official interns. service to Northwest Missouri. said direct elections might not be possible until A licensed psychologist and active commu- 2050. nity leader, she provided direct client services

VerDate May 21 2004 04:21 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.008 E03PT1 E1024 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 2004 to families with children who suffered from se- neer Company, supporting Operation Iraqi While we should honor all our nation’s vet- vere mental disabilities at the Kennedy Krieger Freedom. Sgt. Ferguson made the ultimate erans both living and dead throughout the Institute in Baltimore, Maryland. In addition, sacrifice to protect his country and aid the year, on this particular Memorial Day, we pay she served on the Board of the California As- Iraqi people when he died of injuries he sus- tribute to the nation’s World War II veterans. sociation of Behavior Analysts and also pro- tained in an accident at the Shuabai Port in On May 29th, the World War II memorial, a fit- vided consulting to faculty and students of Kuwait on September 25, 2003. ting tribute to ‘‘the Greatest Generation,’’ will local public schools. I ask my colleagues to join me in honoring be dedicated on the National Mall. Hundreds Dr. Vittimberga’s life was cut short on Feb- Sergeant 1st Class Robert Edward Rooney of thousands of World War II veterans and ruary 16, 2004. Her parents, Bruno and and our other service men and women who their families will visit the memorial which is a Jacklyn Vittimberga, her two sisters Gwenn have courageously given their own lives in permanent reminder to us and to future gen- and Gail, and her brother, Anthony survive order to protect and defend the democracy we erations that the sacrifices made by the sol- her. enjoy in America and to extend the freedoms diers who served overseas, their families, and She will always be remembered for her con- that come with democracy to those who live in the Americans who were on the homefront, tribution to the field of psychology, higher edu- fear and oppression worldwide. saved the world from tyranny. From the cation, and for brilliantly enriching the minds f beaches of Normandy to the Battle of Midway and hearts of her students and colleagues. to the construction of the China-Burma-India FALLEN HEROES f Road, these soldiers fought for a cause bigger than themselves. SPEECH OF PAYING TRIBUTE TO JIM One of these heroes, Michel Thomas, re- BAUGHMAN HON. MICHAEL N. CASTLE sides in my congressional district and recently OF DELAWARE was awarded the Silver Star for his extraor- HON. SCOTT McINNIS IN THE HOUSE OF REPRESENTATIVES dinary courage during World War II. I, along OF COLORADO with Senator John McCain (R–AZ), worked Thursday, May 20, 2004 IN THE HOUSE OF REPRESENTATIVES with the Department of Defense on Mr. Thom- Mr. CASTLE. Mr. Speaker, as we approach Thursday, June 3, 2004 as’s behalf so that he finally would receive the Memorial Day, I would like to rise in honor of honor he so justly deserves. Mr. MCINNIS. Mr. Speaker, I would like to a courageous young soldier who died Sep- Michel Thomas was born in Poland to a take this opportunity to pay tribute to Jim tember 7, 2003, of injuries suffered August 30 Jewish family with a thriving textile business. Baughman and thank him for his exceptional when the truck he was driving in a supply con- In 1933, he fled Hitler’s regime in Germany for contributions to his community and the State voy was hit by a civilian vehicle in Iraq. United France. Thomas last saw his family in 1937. of Colorado as a Mesa County Commissioner. States Army Specialist Jarrett B. Thompson, He later learned they were all murdered at A two-term commissioner, Jim will always be was a member of the Lewes, Delaware-based Auschwitz. remembered as a dedicated public servant 946th Transportation Company, and sadly was During the war, he survived two years of and leader of his community. As Jim cele- our State’s first war casualty from a Reserve concentration and slave labor camps in Vichy brates his retirement, let it be known that he or National Guard unit. France and narrowly escaped deportation to leaves behind a terrific legacy of commitment At only 27 years of age, Jarrett was a brave Auschwitz. He joined the Secret Army of the to the people of Mesa County and the State young reservist who valiantly served his State French Resistance, where he was active for of Colorado. and Country. A Dover resident who grew up in two years as a commando leader. In 1943, A fifth generation Mesa County native, Jim Millington, Maryland and played high school Thomas was caught by and escaped from graduated from Grand Junction High School football, Jarrett joined the Army in March of Klaus Barbie, the notorious Butcher of Lyon. and attended Mesa State College. He became 1994. Following a 3-year tour of active duty at The next year Thomas served in Combat Intel- interested in politics when he attended a Fort Campbell, Kentucky, he continued his ligence in the 180th Regiment of the U.S. Grand Junction City Council meeting, and re- commitment to service as a member of the Army 45th Division, The Thunderbirds, and alized he could make a positive impact on his Army Reserve. When he was called to active was nominated for the Silver Star for his brav- community. In 1991, he was elected to the duty in January 2003, Jarrett dutifully accepted ery. City Council where he served until his election service in the Middle East, where his fellow re- On April 29, 1945, Thomas, an agent in the as a Mesa County Commissioner in 1996. servists described him as an energetic, mis- U.S. Army’s Counter Intelligence Corps (CIC), During his tenure as a County Commissioner, sion-oriented soldier. arrived at Dachau concentration camp on the he also served on the Riverfront Commission, In civilian life, Jarrett was a design engineer day of liberation. Thomas interrogated and the Museum Board, the Community Correc- for Ashland Equipment, Inc. A proud son and photographed the crematorium workers. Two tions Board, the Grand Valley Air Quality devoted husband and father, Jarrett will be days later Thomas captured the ‘‘Hangman of Board, and Associated Governments of North- deeply missed by his parents, Judy Coleman Dachau,’’ Emil Mahl, who was subsequently west Colorado. He was Chairman of the Board Thompson and Allen B. Thompson, his wife convicted of war crimes. of Mesa County Commissioners in 1998 and Kelly, and their sons Conner and Collin. At his In early May 1945, Thomas tracked a con- 2003. funeral in September, Jarrett received a 21– voy of trucks to a paper mill outside Munich, Mr. Speaker, I am honored to pay tribute to gun salute and the Bronze Star Medal in where he rescued from destruction the Nazi Commissioner Jim Baughman before this body honor of his noble service to our Nation. Party’s worldwide membership card file of over of Congress and this nation, and to congratu- Mr. Speaker, it is my sincere privilege to ten million members. The Nazi leadership had late him on an outstanding career of public honor the life of a proud soldier and heroic shipped the cards, along with tons of other im- service. His selfless dedication to his commu- representative of the State of Delaware. Army portant Third Reich government documents, to nity and the people of Colorado as a Mesa Specialist Jarrett B. Thompson was an honor- be pulped in the final days of the war. These County Commissioner is truly remarkable. I able defender of liberty, and he deserves our documents became the heart of the collections wish him all the best in his future endeavors. gratitude and respect. of the U.S.-run Berlin Document Center, and Thanks for your service. f were crucial in the Nuremberg war crimes f trials and in the denazification of Germany. FALLEN HEROES In 1946, Thomas helped to capture Gustav FALLEN HEROES Knittel, who was convicted of war crimes for SPEECH OF his role in the Malmedy massacre of American SPEECH OF HON. CAROLYN B. MALONEY POWs at the Battle of the Bulge. I am proud HON. CHARLES F. BASS OF NEW YORK to honor Michel Thomas for his heroism. OF NEW HAMSHIRE IN THE HOUSE OF REPRESENTATIVES On Memorial Day, it is fitting that we honor IN THE HOUSE OF REPRESENTATIVES all the men and women of the Armed Forces Thursday, May 20, 2004 who have served their nation throughout his- Thursday, May 20, 2004 Mrs. MALONEY. Mr. Speaker, I rise today tory including those who are currently risking Mr. BASS. Mr. Speaker, I rise to honor Ser- to pay tribute to the brave men and women their lives around the world, including in Af- geant 1st Class Robert Edward Rooney of who have served our nation by paying the ulti- ghanistan and Iraq. I have been to both coun- Nashua, New Hampshire. He bravely served mate sacrifice in defense of freedom and de- tries twice and have visited with soldiers from the U.S. Army National Guard’s 379th Engi- mocracy. New York and across the country. I especially

VerDate May 21 2004 04:21 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.012 E03PT1 June 3, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1025 want to note the contributions of the 10th Those who wish for the liberty of all people tributions that the City of Warsaw and Kos- Mountain Division from Fort Drum under Gen- will forever owe a debt to Corporal Austin. ciusko County have made to the region, the eral Austin’s leadership, and the 1st Battalion, This young man from the Texas Panhandle State of Indiana and America itself. 69th Infantry Division of the New York Army became a hero when he refused to be gov- f National Guard, located in my district, who just erned by fear and sacrificed his life for us and shipped out to Iraq on Monday. While they are our safety. RECOGNIZING MICHAEL A. FELIX serving in Iraq, I will be fighting to pass legis- Lance Corporal Aaron Austin has joined an lation to ensure that they receive full military unbroken line of patriots who dared to die so HON. HILDA L. SOLIS retirement credit for their days of service at that freedom might live and grow and increase OF CALIFORNIA Ground Zero after the terrorist attacks of 9/11. its blessings. IN THE HOUSE OF REPRESENTATIVES I am pleased to note that today we are May God continue to bless our Nation with Thursday, June 3, 2004 passing legislation to correct a longstanding such heroes. inequity in survivor benefits for the spouses of f Ms. SOLIS. Mr. Speaker, I rise to recognize our fallen veterans. The ‘‘National Defense Michael Felix, a leader in my district who has Authorization Act for Fiscal Year 2005’’ pro- HONORING THE CITY OF WARSAW dedicated his life to educating students of all vides for a 5-year phase-in to eliminate the ON ITS SESQUICENTENNIAL ages and improving the quality of life of mili- Widow’s Tax. This unfair tax penalizes the tary veterans in El Monte, California. widows and widowers of military retirees by HON. MARK E. SOUDER Mr. Felix served his country proudly during reducing their Survivor Benefit Plan benefit OF INDIANA the Vietnam War and is a decorated army vet- from 55 percent of the retiree’s pension to 35 IN THE HOUSE OF REPRESENTATIVES eran. Motivated and eager to realize his full academic and professional potential, he en- percent once they reach age 62, normally the Thursday, June 3, 2004 same age she or he is eligible for Social Se- rolled in Citrus Junior College where he re- curity. The Social Security benefit the sur- Mr. SOUDER. Mr. Speaker, it is my pleas- ceived his Associate of Arts degree in 1970. viving spouse receives is often less than the ure to rise today to congratulate the City of Immediately after, he enrolled in California reduction in the benefit, which results in a net Warsaw, Indiana, and its residents on the Polytechnic University, Pomona (Cal Poly) and loss of income. This legislation brings long city’s sesquicentennial anniversary. in 1973 Mr. Felix earned his Bachelor of overdue relief to the surviving spouses. When Mathew Springer built Warsaw’s first Science in Physical Education and Recreation I will continue to support the members of permanent residence—a tamarack log cabin Administration. Armed Forces in every way that I can. We on the edge of a swampy wilderness—in Throughout his illustrious career, Mr. Felix owe all of them a debt of gratitude which we 1836, America was a young, vibrant nation, has been a devoted educator, counselor, and can never repay. They helped to make this expanding rapidly across the continent from its leader for those in need. Whether in teaching country what it is today, and they have eastern shores. Warsaw then was in the children in elementary school or adults English brought peace to other nations across the crossroads of this westward movement, and as a Second Language and General Edu- globe. the region was rapidly populated by an in- cation Development courses, his commitment I would like to thank my colleagues from trepid collection of settlers much like Springer. to education is admirable. Mr. Felix serves as New York Representatives RANGEL and Among those who came to inhabit this west- a Senior Counselor and Administrator for the WALSH for organizing today’s moment of si- ern land were traders, trappers, merchants El Monte Union High School District, is an ac- lence for America’s fallen soldiers. and farmers, who put down roots and laid the tive member of professional organizations f foundation for the thriving community we see such as the California Teachers Association today. and the California Council for Adult Education, FALLEN HEROES Within two short decades of the construction and is a member of my district’s Congres- of Springer’s cabin, Warsaw had become a sional Nomination Committee for Military SPEECH OF permanent community, a county seat worthy Academy Admissions. HON. MAC THORNBERRY of incorporation in its own right. The original Mr. Felix is a strong advocate for military OF TEXAS traders and merchants had constructed stores veterans. He is a role model and a leader for IN THE HOUSE OF REPRESENTATIVES to sell their wares, community associations countless veterans seeking federal and state had formed, schools were constructed and a assistance and serves as the Chairperson and Thursday, May 20, 2004 local government was firmly in place. The ma- Commissioner of the Veterans and Homeless Mr. THORNBERRY. Mr. Speaker, on this jestic courthouse, built by the citizens of War- Affairs Commission of El Monte. Mr. Felix is Memorial Day, let us remember Marine Lance saw during this time of exciting development, also a founding member of the Veterans of Corporal Aaron Austin. He was a young man still stands in the heart of the city as a symbol Foreign Wars Post 10218 of Greater El Monte from my district who loved our country and of the longevity of the city and its institutions. and an active member of American Legion who lost his life fighting for its ideals in Iraq. It is striking to imagine the extent to which Post 261. Lance Corporal Aaron Austin was a 21-year Warsaw’s 19th century commercial enterprises Mr. Speaker, I salute Michael Felix for his old from Sunray, Texas. He was part of the have developed and informed the current eco- numerous years serving the people of El 2nd Battalion, 1st Marine Regiment, and 1st nomic engines of the region. In 1895, for ex- Monte and my Congressional District, and I Marine Division, Camp Pendleton, California. ample, Revra DePuy founded a small com- wish him the best of luck in all his future en- Aaron died April 26, 2004 near Fallujah on his pany to manufacture rather innocuous medical deavors. second tour of duty in Iraq. equipment like wire mesh and wooden splints. f His family and friends described him as a Today, firms such as Zimmer, Biomet, and warrior who was not afraid of anything. After DePuy have made Kosciusko County the cen- A TRIBUTE TO INTERNATIONAL joining the Marines, Aaron quickly became a ter of the world’s orthopedic manufacturing in- SCIENCE COMPETITION FINAL- leader of his machine gun team. He was the dustry. ISTS KYLE PLUM, COURTNEY product of a small town and enjoyed the out- When thinking of the history of Warsaw and DUNAR AND OLIVIA LITSEY doors, sports and hanging out with his friends. Kosciusko County, one cannot forget the nat- Survivors of Corporal Austin are parents, ural splendor of the surrounding region, which HON. RANDY ‘‘DUKE’’ CUNNINGHAM Doug Austin of Amarillo and De’on Miller of has served as an attraction for settlers and OF CALIFORNIA Lovington, New Mexico; two brothers, Eric visitors, alike, since the early 19th century. In IN THE HOUSE OF REPRESENTATIVES Austin of Amarillo and Mike Austin of Las addition to the simple enjoyment that the local Vegas, Nevada; his maternal grandparents, community derives from them, Kosciusko’s Thursday, June 3, 2004 Harvey Grigsby and Virgie Thomas of many lakes are a foremost recreational and Mr. CUNNINGHAM. Mr. Speaker, I rise Lovington; his paternal grandmother, Juanita tourist center in the State of Indiana. Kos- today to pay tribute to three special students Austin of Yorba Linda, California; and many ciusko not only hosts visitors from across the from my district. Kyle Plum, Courtney Dunar aunts and uncles. Aaron had planned to wed state, but, indeed, from across America be- and Olivia Litsey have been recognized for his fiance´e, Tiffany Frank of Phoenix, Arizona cause of the county’s beauty. their outstanding achievement in science and on December 11, 2004. Aaron was loved by As Warsaw celebrates the 150th anniver- are finalists in the International Science Com- many and will be remembered as a coura- sary of its incorporation, it is my sincere pleas- petition, sponsored by Toshiba and the Na- geous Marine. ure to join in recognizing the valuable con- tional Science Teachers Association. Mr.

VerDate May 21 2004 04:21 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.015 E03PT1 E1026 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 2004 Plum, Ms. Dunbar, and Ms. Litsey have trav- let it be known that the citizens of Colorado I ask my colleagues to join me in honoring eled to Washington, D.C. with their families to and I are eternally grateful for the outstanding Master Sergeant Richard Lee Ferguson and be honored at the ExploraVision awards gala service she has given to countless citizens our other servicemen and women who have next week. ExploraVision is the largest inter- over the years. courageously given their own lives in order to national science competition in the world with Jean began working for the government in protect and defend the democracy we enjoy in thousands of projects, and over 14,000 stu- Pittsburg, Kansas, and was later transferred to America and to extend the freedoms that dents participating this year. the social security office in St Joseph, Mis- come with democracy to those who live in fear These three bright young students each will souri. In April of 2000 she was offered the job and oppression worldwide. be presented with a $5,000 U.S. Savings bond of District Manager of the Colorado Social Se- for their outstanding work on their school curity branch that covers the Grand Junction f science project entitled ‘‘The Sleep Doctor’’. area. During her time as district manager, her ExploraVision asked students in its competi- leadership has helped create an efficient dis- FALLEN HEROES tion to envision technology that may exist in trict operation for serving the people of South- the next 20 years, and to describe how it west Colorado. SPEECH OF would work. Kyle, Courtney, and Olivia envi- Jean has also been an active member of sioned a project called ‘‘The Sleep Doctor’’. her community, dedicating her efforts to nu- HON. MICHAEL N. CASTLE This project creatively explores the four stages merous civic organizations. She has been in- OF DELAWARE volved in Altrusa, an international association of sleep, rapid eye movement, and the sleep IN THE HOUSE OF REPRESENTATIVES cycle. Using the innovative EEG Sleep Doctor of professional women and men who volunteer Thursday, May 20, 2004 technology, Kyle, Courtney, and Olivia were their energies and expertise in projects dedicated to community betterment. This year able to determine whether or not test subjects Mr. CASTLE. Mr. Speaker, I rise today in Jean was the Treasurer and played an integral were having a nightmare during the rapid eye honor of a brave young Army Ranger who role in organizing their Cancer Walk. She is movement phase of the sleep cycle. Using the died Thursday, April 3, 2003, due to a suicide very involved in her church where she teaches wireless EEG technology the students would car-bomber at a checkpoint northwest of Sunday School and helps with youth groups. be able to sense a subject’s nightmare, and Baghdad. United States Army Specialist Ryan Jean’s newest hobby is golf, and one I hope activate pre-programmed soothing sounds and she has a lot of time for in the coming months P. Long was a proud Ranger who gave his smells to successfully restore feelings of safe- and years. life, along with two of his fellow soldiers, help- ty and to generate a good night’s sleep. Kyle, Mr. Speaker, it is clear that Jean Biondo ing the Third Battalion of the Seventy-fifth Courtney, and Olivia have been working tire- has been an invaluable resource for the State Ranger Regiment operate a checkpoint out- lessly on this project since October of last of Colorado and to our Social Security system. side of Baghdad. year, and their efforts are quite evident by the Her hard work and selfless dedication to her At only twenty one-years of age, Ryan was outstanding final product. job was extraordinary and is worthy of ac- an inspirational young Delawarean who grad- Mr. Speaker, I ask that you urge my col- knowledgment before this body of Congress uated from Seafood High School in June of leagues to join me in recognizing the out- and this nation. Thanks, Jean, for all your hard 1999, where he had been vice commander of standing achievements of Kyle Plum, Courtney work, and I wish you and your husband, Mike, the Naval Junior ROTC program. Ryan joined Dunar, and Olivia Litsey, and applaud the suc- all the best in your well-deserved retirement. the Army and became an Army Ranger, where cess of their educational endeavors and inno- f he was part of an elite group chosen to carry vative technological ideas. out special missions. He was stationed in Fort f FALLEN HEROES Benning, Georgia and was deployed twice to PAYING TRIBUTE TO JEAN BIONDO SPEECH OF Afghanistan before his service in Iraq, where he continued the noble fight against terror. HON. CHARLES F. BASS HON. SCOTT McINNIS Ryan was a patriotic American who enjoyed OF NEW HAMPSHIRE soccer, golf, snowboarding, and motorcycles. OF COLORADO IN THE HOUSE OF REPRESENTATIVES Ryan was a fourth generation soldier, his fa- IN THE HOUSE OF REPRESENTATIVES Thursday, May 20, 2004 ther is retired Major Rudolf ‘‘Rudy’’ Long. Thursday, June 3, 2004 Mr. BASS. Mr. Speaker, I rise to honor Mas- Ryan followed in his family’s tradition and Mr. MCINNIS. Mr. Speaker, it is a privilege ter Sergeant Richard Lee Ferguson of chose to serve his country. He will be deeply to rise today to pay tribute to Jean Biondo and Conway, New Hampshire. He bravely served missed by his parents, Rudy and Donna, and thank her for her leadership and contributions the Army’s 10th Special Forces Group sup- brother, his friends, teachers, and fellow sol- to Colorado as District Manager of the Grand porting Operation Iraqi Freedom. Master Sgt. diers. Junction Social Security Office. The level of in- Ferguson made the ultimate sacrifice to pro- Mr. Speaker, it is my sincere privilege to tegrity and honesty that she has brought to tect his country and aid the Iraqi people when honor the life of a proud Ranger and heroic the Department of Social Security throughout the military vehicle he was riding in tragically representative of the State of Delaware. Army her thirty-eight years of service are truly out- rolled over in Somara, Iraq on March 30, Specialist Ryan P. Long deserves our grati- standing. As Jean celebrates her retirement, 2004. tude and respect.

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HIGHLIGHTS House Committees ordered reported 10 sundry measures. Senate Graham (SC) Amendment No. 3170, to provide Chamber Action for the treatment by the Department of Energy of Routine Proceedings, pages S6387–S6467 waste material. Page S6395 Measures Introduced: Ten bills and two resolu- Dole (for Roberts) Amendment No. 3274, to pro- tions were introduced, as follows: S. 2494–2503, S.J. vide for the conveyance of land at the Sunflower Res. 38, and S. Con. Res. 114. Pages S6450–51 Army Ammunition Plant, Kansas. Pages S6433–35 Measures Reported: Dole (for Levin) Amendment No. 3275, to clarify the protection of military personnel from retaliatory S. 1129, to provide for the protection of unaccom- action for communications made through the chain panied alien children, with an amendment in the na- of command. Pages S6433–35 ture of a substitute. Dole (for Talent) Amendment No. 3236, to au- S. 1887, to amend the Controlled Substances Act thorize and improve Operation Hero Miles. to lift the patient limitation on prescribing drug ad- Pages S6433–35 diction treatments by medical practitioners in group Dole (for Lieberman) Amendment No. 3276, to practices. require a report on the training provided to mem- S. 2363, to revise and extend the Boys and Girls bers of the Armed Forces to prepare for post-conflict Clubs of America. operations. Pages S6433–35 S. Con. Res. 5, expressing the support for the Dole (for Lott/Graham (SC)) Amendment No. celebration in 2004 of the 150th anniversary of the 3233, to express the sense of the Senate regarding Grand Excursion of 1854. Page S6450 the funding of the Advanced Shipbuilding Enterprise Measures Passed: under the National Shipbuilding Research Program School Food Distribution: Senate agreed to S. of the Navy. Pages S6433–35 Con. Res. 114, concerning the importance of the dis- Dole (for Miller) Amendment No. 3277, to re- tribution of food in schools to hungry or malnour- quire a study regarding promotion eligibility of re- ished children around the world. Pages S6458, S6465 tired warrant officers on active duty. Pages S6433–35 Dole (for Stevens/Inouye) Amendment No. 3278, Boys and Girls Clubs of America: Senate passed to convert appropriations transfer authority in sec- S. 2363, to revise and extend the Boys and Girls tion 123 to authority for transfers of authorizations Pages S6466–67 Clubs of America. of appropriations. Pages S6433–35 Department of Defense Authorization Act: Sen- Rejected: ate continued consideration of S. 2400, to authorize By 48 yeas to 48 nays (Vote No. 107), Cantwell appropriations for fiscal year 2005 for military ac- Amendment No. 3261, to ensure adequate funding tivities of the Department of Defense, for military for, and the continuation of activities related to, the construction, and for defense activities of the Depart- treatment by the Department of Energy of high level ment of Energy, to prescribe personnel strengths for radioactive waste. Pages S6395–S6421 such fiscal year for the Armed Services, taking action Pending: on the following amendments purposed thereto: Kennedy Amendment No. 3263, to prohibit the Pages S6395–S6421, S6425–40 use of funds for the support of new nuclear weapons Adopted: development under the Stockpile Services Advanced Crapo Amendment No. 3226 (to Amendment No. Concepts Initiative or for the Robust Nuclear Earth 3170), of a perfecting nature. Page S6395 Penetrator (RNEP). Pages S6425–33 D569

VerDate May 21 2004 05:18 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D03JN4.REC D03JN4 D570 CONGRESSIONAL RECORD — DAILY DIGEST June 3, 2004

A unanimous-consent agreement was reached pro- Messages From the House: Pages S6448–49 viding for further consideration of the bill at 9:30 Measures Referred: Page S6449 a.m., on Friday, June 4, 2004. Page S6467 Further, a unanimous-consent agreement was Measures Placed on Calendar: Page S6449 reached providing that all first-degree amendments Measures Read First Time: Page S6449 be filed at the desk by 5 p.m., on Monday, June 7, Enrolled Bills Presented: Page S6449 2004. Page S6467 Also, a unanimous-consent agreement was reached Executive Communications: Pages S6449–50 providing that when the Senate resumes consider- Additional Cosponsors: Pages S6451–52 ation of the bill on Tuesday, June 8, 2004, that there be 50 minutes under the control of Senator Statements on Introduced Bills/Resolutions: Kennedy, or his designee, and 50 minutes under the Pages S6452–58 control of Senator Warner, or his designee, and the Additional Statements: Pages S6445–47 Senate then vote on or in relation to Kennedy Amendments Submitted: Pages S6458–64 Amendment No. 3263 (listed above). Page S6467 Notices of Hearings/Meetings: Page S6464 National Great Black Americans Commemora- tion Act: Senate concurred in the amendment of the Authority for Committees to Meet: Page S6464 House to S. 1233, to authorize assistance for the Na- Privilege of the Floor: Page S6464 tional Great Blacks in Wax Museum and Justice Record Votes: Four record votes were taken today. Learning Center, clearing the measure for the Presi- (Total—110) Pages S6421, S6422, S6423, S6425 dent. Pages S6465–66 Messages from the President: Senate received the Adjournment: Senate convened at 9:46 a.m., and following messages from the President of the United adjourned at 6:30 p.m., until 9:30 a.m., on Friday, States: June 4, 2004. (For Senate’s program, see the remarks Transmitting, pursuant to law, a report to Con- of the Acting Majority Leader in today’s Record on gress concerning the extension of waiver authority page S6467.) for the Republic of Belarus; which was referred to the Committee on Finance. (PM–81) Page S6447 Transmitting, pursuant to law, a report to Con- Committee Meetings gress concerning the extension of waiver authority (Committees not listed did not meet) for Vietnam; which was referred to the Committee on Finance. (PM–82) Pages S6447–48 Transmitting, pursuant to law, a report to Con- BANK SECRECY ACT ENFORCEMENT gress concerning the extension of waiver authority Committee on Banking, Housing, and Urban Affairs: for Turkmenistan; which was referred to the Com- Committee concluded a hearing to examine efforts to mittee on Finance. (PM–83) Page S6448 ensure compliance and enforcement of the Bank Se- Nominations Confirmed: Senate confirmed the fol- crecy Act, enacted in 1970, which authorizes the lowing nominations: Secretary of the Treasury to issue regulations requir- By unanimous vote of 95 yeas (Vote No. EX. ing that financial institutions keep records and file 108), Sandra L. Townes, of New York, to be United reports on certain financial transactions, focusing on States District Judge for the Eastern District of New anti-money laundering and issues concerning deposi- York. Pages S6421–22, S6467 tory institution regulatory oversight, after receiving By unanimous vote of 95 yeas (Vote No. EX. testimony from Susan S. Bies, Member, Board of 109), Kenneth M. Karas, of New York, to be United Governors of the Federal Reserve System; John D. States District Judge for the Southern District of Hawke, Jr., Comptroller of the Currency, James E. New York. Pages S6422–23, S6467 Gilleran, Director, Office of Thrift Supervision, Wil- By unanimous vote of 93 yeas (Vote No. EX. liam J. Fox, Director, Financial Crimes Enforcement 110), Judith C. Herrera, of New Mexico, to be Network, all of the Department of the Treasury; United States District Judge for the District of New Donald E. Powell, Chairman, and Gaston L. Gianni, Mexico. Pages S6423–25, S6467 Jr., Inspector General, both of the Federal Deposit Matthew G. Whitaker, of Iowa, to be United Insurance Corporation; Davi M. D’Agostino, Direc- States Attorney for the Southern District of Iowa for tor, Financial Markets and Community Investment, the term of four years. General Accounting Office; and JoAnn M. Johnson, Constance Berry Newman, of Illinois, to be an As- Chairman, National Credit Union Administration. sistant Secretary of State (African Affairs). Page S6467

VerDate May 21 2004 05:03 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D03JN4.REC D03JN4 June 3, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D571 TREAD ACT: MOTOR VEHICLE SAFETY diction treatments by medical practitioners in group Committee on Commerce, Science, and Transportation: practices; Committee concluded a hearing to examine the Na- S. 2363, to revise and extend the Boys and Girls tional Highway Safety Administration’s implementa- Clubs of America; and tion of the Transportation Recall Enhancement, Ac- S. Con. Res. 5, expressing support for the celebra- countability, and Documentation (TREAD) Act and tion in 2004 of the 150th anniversary of the Grand various motor vehicle safety issues, after receiving Excursion of 1854. testimony from Jeffrey W. Runge, Administrator, CHILD CUSTODY PROTECTION ACT National Highway Traffic Safety Administration, Department of Transportation; Oregon State Senator Committee on the Judiciary: Committee concluded a Bruce Starr, Hillsboro; and Robert Strassburger, Al- hearing to examine S. 851, to amend title 18, liance of Automobile Manufacturers, Donald B. Shea, United States Code, to prohibit taking minors across Rubber Manufacturers Association, and Joan State lines in circumvention of laws requiring the in- Claybrook, Public Citizen, former Administrator, volvement of parents in abortion decisions, after re- National Highway Traffic Safety Administration, all ceiving testimony from Senator Ensign; John C. of Washington, D.C. Harrison, University of Virginia School of Law, Charlottesville; Peter J. Rubin, Georgetown Univer- BUSINESS MEETING sity Law Center, Washington, D.C.; Teresa Stanton Committee on the Judiciary: Committee ordered favor- Collett, University of St. Thomas School of Law, ably reported the following business items: Minneapolis, Minnesota; Reverend Katherine Han- S. 1129, to provide for the protection of unaccom- cock Ragsdale, St. David’s Episcopal Church, panied alien children, with an amendment in the na- Pepperell, Massachusetts, on behalf of NARAL Pro- ture of a substitute; Choice America and the Religious Coalition for Re- S. 1887, to amend the Controlled Substances Act productive Choice; and Joyce Farley and Crystal to lift the patient limitation on prescribing drug ad- Lane, both of Dushore, Pennsylvania. h House of Representatives Reservation, North Dakota (H. Rept. 108–523, Pt. Chamber Action 1); and Measures Introduced: 17 public bills, H.R. H.R. 4175, to increase, effective as of December 4496–4512; and; 6 resolutions, H.J. Res. 97; H. 1, 2004, the rates of disability compensation for vet- Con. Res. 441–443, and H. Res. 661–662 were in- erans with service-connected disabilities and the rates troduced. Page H3780 of dependency and indemnity compensation for sur- Additional Cosponsors: Pages H3780–81 vivors of certain service-connected disabled veterans, amended (H. Rept. 108–524). Pages H3779–80 Reports Filed: Reports were filed today as follows: H.R. 4114, to amend the Migratory Bird Treaty Chaplain: The prayer was offered today by Rabbi Act to exclude non-native migratory bird species Joui Hessel, Washington Hebrew Congregation in from the application of that Act, amended (H. Rept. Washington, DC. Page H3721 108–520); Journal: The House agreed to the Speaker’s approval H.R. 2909, to ensure the continued availability of of the Journal of Wednesday, June 2 by a yea-and- the Utah Test and Training Range to support the nay vote of 346 yeas to 47 nays with 1 voting readiness and training needs of the Armed Forces, ‘‘present’’, Roll No. 223. Pages H3721–22 amended (H. Rept. 108–521); Member Sworn—South Dakota At-Large: Rep- H.R. 2619, to provide for the expansion of resentative-elect Stephanie Herseth presented herself Kilauea Point National Wildlife Refuge, amended in the well of the House and was administered the (H. Rept. 108–522); and Oath of Office by the Speaker. Earlier the Minority S. 1146, to implement the recommendations of Leader asked unanimous consent that the Oath of the Garrison Unit Tribal Advisory Committee by Office be administered today after the Clerk of the providing authorization for the construction of a rural health care facility on the Fort Berthold Indian

VerDate May 21 2004 05:03 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D03JN4.REC D03JN4 D572 CONGRESSIONAL RECORD — DAILY DIGEST June 3, 2004 House transmitted the unofficial results of the Spe- People’s Republic of China on the 15th anniversary cial Election held on June 1, 2004 from the Honor- of that tragic massacre, by a 2⁄3 yea-and-nay vote of able Chris Nelson, Secretary of State, State of South 400 yeas to 1 nay, Roll No. 228. Pages H3746–47 Dakota. Page H3722 Workforce Reinvestment and Adult Education Back to Work Incentive Act: The House passed Act of 2003—Motion to go to Conference: The H.R. 444, to amend the Workforce Investment Act House disagreed to the Senate amendment to H.R. of 1998 to establish a Personal Reemployment Ac- 1261, to enhance the workforce investment system of counts grant program to assist Americans in return- the Nation by strengthening one-stop career centers, ing to work, by a recorded vote of 213 ayes to 203 providing for more effective governance arrange- noes, Roll No. 225. Pages H3725–40 ments, promoting access to a more comprehensive Agreed that in lieu of the amendment in the na- array of employment, training, and related services, ture of a substitute recommended by the Committee establishing a targeted approach to serving youth, on Education and the Workforce now printed in the and improving performance accountability, and bill, an amendment in the nature of a substitute agreed to a conference. Page H3741 consisting of the text of H.R. 4444 be considered as Appointed as conferees: From the Committee on adopted. Page H3727 Education and the Workforce, Representatives Rejected the Kildee motion to recommit the bill Boehner, Petri, McKeon, Castle, Isakson, Porter, Kil- to the Committee on Education and the Workforce dee, Hinojosa, Tierney, and McCollum. Page H3741 with instructions to report the bill back to the House forthwith with amendments, by a yea-and-nay Transportation Equity Act: A Legacy for Users— vote of 199 yeas to 216 nays, Roll No. 224. Motion to go to Conference: The House disagreed Pages H3738–40 to the Senate amendment to H.R. 3550, to authorize Pursuant to H. Res. 656, the texts of H.R. 4409, funds for Federal-aid highways, highway safety pro- to reauthorize title II of the Higher Education Act grams, and transit programs, and agreed to a con- of 1965, and H.R. 4411, to amend title VII of the ference. Page H3743 Higher Education Act of 1965 to ensure graduate Agreed to the Oberstar motion to instruct con- opportunities in postsecondary education, were ap- ferees on the bill by a yea-and-nay vote of 377 yeas pended to the engrossment of H.R. 444 and the to 30 nays, Roll No. 227. Pages H3745–46 bills H.R. 4409 and H.R. 4411 were laid on the Appointed as conferees: From the Committee on table. Page H3740 Transportation and Infrastructure, for consideration Also pursuant to H. Res. 656, the title of H.R. of the House bill (except title IX) and the Senate 444 was conformed to reflect the addition of the amendment (except title V), and modifications com- texts of both bills. Conformed so as to read: to mitted to conference: Representatives Young (AK), amend the Workforce Investment Act of 1998 to es- Petri, Boehlert, Coble, Duncan, Mica, Hoekstra, tablish a Personal Reemployment Accounts grant Ehlers, Bachus, LaTourette, Gary G. Miller (CA), program to assist Americans in returning to work; to Rehberg, Beauprez, Oberstar, Rahall, Lipinski, reauthorize title II of the Higher Education Act of DeFazio, Costello, Norton, Nadler, Menendez, 1965; to amend title VII of the Higher Education Corrine Brown (FL), Filner and Eddie Bernice John- Act of 1965 to ensure graduate opportunities in son (TX). Page H3747 postsecondary education. From the Committee on the Budget, for consider- The House agreed to H. Res. 656, amended, the ation of the secs. 8001–8003 of the House bill, and rule providing for consideration of the bill on Title VI of the Senate amendment, and modifications Wednesday, June 2. committed to conferences: Representatives Nussle, Suspensions: The House agreed to suspend the rules Shays, and Spratt. Page H3747 and pass the following measures which were debated From the Committee on Education and the Work- on Wednesday, June 2: force, for consideration of secs. 1602 and 3030 of the House bill, and secs. 1306, 3013, 3032, and 4632 Anabolic Steroid Control Act of 2004: H.R. of the Senate amendment, and modifications com- 3866, amended, to amend the Controlled Substances mitted to conference: Representatives Ballenger, Act to provide increased penalties for anabolic ster- Biggert, and George Miller (CA). Page H3747 oid offenses near sports facilities, by a 2⁄3 yea-and- From the Committee on Energy and Commerce, nay vote of 408 yeas to 3 nays, Roll No. 226; and for consideration of provisions in the House bill and Pages H3740–41 Senate amendment relating to Clean Air Act provi- Condemning the actions in Tiananmen Square: sions of transportation planning contained in sec. H. Res. 655, condemning the crackdown on democ- 6001 of the House bill, and secs. 3005, and 3006 racy protestors in Tiananmen Square, Beijing, in the of the Senate amendment; secs. 1202, 1824, 1828,

VerDate May 21 2004 05:18 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D03JN4.REC D03JN4 June 3, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D573 and 5203 of the House bill, and secs. 1501, 1511, Committee Election: Agreed to H. Res. 661, elect- 1522, 1610–1619, 3016, 3023, 4108, 4151, 4152, ing Representative Herseth to the Committee on 4155–4159, 4162, 4172, 4173, 4424, 4481, 4482, Agriculture. Page H3747 4484, 4662, 8001, and 8002 of the Senate amend- Calendar Wednesday: Agreed to dispense with the ment, and modifications committed to conference: Calendar Wednesday business of Wednesday, June 9. Representatives Barton (TX), Pickering, and Dingell. Page H3748 Page H3747 From the Committee on Government Reform, for Temporary Extension of programs under the consideration of sec. 1802 of the Senate amendment, Small Business Act and the Small Business In- and modifications committed to conference: Rep- vestment Act of 1958: The House agreed to dis- resentatives Tom Davis (VA), Schrock, and Waxman. charge from the Committee on Small Business and Page H3747 pass H.R. 4478, to provide for an additional tem- From the Committee on the Judiciary, for consid- porary extension of programs under the Small Busi- eration of secs. 1105, 1207, 1602, 1812, 2011, ness Act and the Small Business Investment Act of 3023, 4105, 4108, 4201, 4202, 4204, 5209, 5501, 1958 through July 23, 2004. Pages H3748–49 6001, 6002, 7012, 7019–7022, and 7024 of the Meeting Hour: Agreed that when the House ad- House bill, and secs. 1512, 1513, 1802, 3006, 3022, journ today, it adjourn to meet at noon tomorrow, 3030, 4104, 4110, 4174, 4226, 4231, 4234, 4265, June 4. Later agreed that when the House adjourn 4307, 4308, 4315, 4424, 4432, 4440–4442, 4445, tomorrow, June 4, it adjourn to meet at 12:30 p.m. 4447, 4462, 4463, 4633, and 4661 of the Senate on Tuesday, June 8, for Morning Hour debate. amendment, and modifications committed to con- Page H3749 ference: Representatives Sensenbrenner, Smith (TX), Speaker Pro Tempore: Read a letter from the and Conyers. Page H3747 Speaker wherein he appointed Representative Wolf From the Committee on Resources, for consider- to sign enrolled bills and joint resolutions through ation of secs. 1117, 3021, 6002, and 6003 of the June 8. Page H3773 House bill, and secs. 1501, 1502, 1505, 1511, 1514, 1601, 1603, 3041, and 4521–4528 of the Senate Presidential Messages: Read a communication from amendment, and modifications committed to con- the President wherein he transmitted the following ference: Representatives Pombo, Gibbons, and Kind. messages: The continuation of a waiver of subsections (a) and (b) of section 402 of the Trade Act Page H3747 of 1974 to Turkmenistan—referred to the Com- From the Committee on Rules, for consideration mittee on Ways & Means and ordered printed of secs. 8004 and 8005 of the House bill, and modi- (108–189); the continuation of a waiver of sub- fications committed to conference: Representatives sections (a) and (b) of section 402 of the Trade Act Dreier, Sessions, and Frost. Page H3747 of 1974 to Belarus—referred to the Committee on From the Committee on Science, for consideration Ways & Means and ordered printed (108–190); and of secs. 2001, 3013, 3015, 3034, 4112, and Title V the continuation of a waiver of subsections (a) and of the House bill, and Title II, secs. 3014, 3015, (b) of section 402 of the Trade Act of 1974 to Viet- 3037, 4102, 4104, 4237, and 4461 of the Senate nam—referred to the Committee on Ways & Means amendment, and modifications committed to con- and ordered printed (108–191). Page H3749 ference: Representatives Gilchrest, Neugebauer, and Gordon. Page H3747 Senate Message: Message received from the Senate From the Committee on Ways and Means, for today appears on page H3723. consideration of Title IX of the House bill, and Title Senate Referral: S. 1721 was referred to the Com- V of the Senate amendment, and modifications committee on Resources. Page H3777 mitted to conference: Representatives Thomas, Quorum Calls—Votes: Five yea-and-nay votes and McCrery, and Rangel. Page H3747 one recorded vote developed during the proceedings For consideration of the House bill and Senate of today and appear on pages H3721–22, amendment, and modifications committed to con- H3739–40, H3740, H3740–41, H3745–46, H2746. ference: Representative DeLay. Page H3747 There were no quorum calls. Committee Resignation: Read a letter from Rep- Adjournment: The House met at 10 a.m. and ad- resentative Thompson (CA) wherein he resigned journed at 6:28 p.m. Page H3777 from the Committee on Agriculture, effective June, 3. Page H3747

VerDate May 21 2004 05:03 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D03JN4.REC D03JN4 D574 CONGRESSIONAL RECORD — DAILY DIGEST June 3, 2004 Deputy Under Secretary, Health Policy Coordina- Committee Meetings tion; Carol O’Brien, Director, Center for Sexual COMMERCE, JUSTICE, STATE, JUDICIARY Trauma Services, DVA Medical Center, Bay Pines, AND RELATED AGENCIES Florida; and Lori Katz, Staff Psychologist, Military APPROPRIATIONS Sexual Trauma Coordinator, DVA Women’s Health Committee on Appropriations, Subcommittee on Com- Clinic, Long Beach, California; and public witnesses. merce, Justice, State, Judiciary and Related Agencies held a hearing on FBI Transformation. Testimony was heard FASTER AND SMARTER FUNDING FOR from the following officials of the FBI, Department of Justice: Robert S. Mueller, III, Director; Maureen FIRST RESPONDERS ACT; SATELLITE HOME Baginski, Executive Assistant Director, Intelligence; and VIEWER EXTENSION AND John Pistole, Executive Assistant Director, REAUTHORIZATION ACT Counterterrorism and Counterintelligence; Laurie E. Committee on Energy and Commerce: Ordered reported, Ekstrand, Director, Homeland Security and Justice Issues, as amended, the following: H.R. 3266, Faster and GAO; the following officials of the Congressional Re- search Service, Library of Congress: Alfred Cumming, Smarter Funding for First Responders Act of 2003; Specialist, Intelligence and National Security Foreign Af- and the Satellite Home Viewer Extension and Reau- fairs, Defense and Trade Division; and Todd Masse, Spe- thorization Act. cialist, Domestic Intelligence and Counterterrorism, Do- mestic Social Policy; and a public witness. MISCELLANEOUS MEASURES DISTRICT OF COLUMBIA APPROPRIATIONS Committee on Financial Services: Ordered reported the following bills: H.R. 4363, amended, Helping Committee on Appropriations: Subcommittee on the Hands for Homeownership Act of 2004; H.R. 3916, District of Columbia held a hearing on the District amended, Presidential $1 Coin Act of 2004; H.R. of Columbia Budget. Testimony was heard from the 3755, amended, Zero Downpayment Act of 2004; following officials of the District of Columbia: An- thony A. Williams, Mayor; Linda W. Cropp, Chair- and H.R. 4471, Home Ownership Opportunities for woman, Council; and Natwar M. Gandhi, Chief Fi- Native Americans Act of 2004. nancial Officer. The Committee began markup of H.R. 3574, Stock Option Accounting Reform Act. HOMELAND SECURITY APPROPRIATIONS The Committee recessed subject to call. Committee on Appropriations: Subcommittee on Home- land Security approved for full Committee action the MISCELLANEOUS MEASURES; SUPERSIZING Department of Homeland Security appropriations for OF AMERICA—COMBATING OBESITY AND fiscal year 2005. PROMOTING HEALTHY LIVING INTERIOR AND RELATED AGENCIES Committee on Government Reform: Ordered reported the APPROPRIATIONS following measures: H.R. 3826, amended, Program Committee on Appropriations: Subcommittee on Interior Assessment and Results Act; H.R. 4222, To des- and Related Agencies approved for full Committee ignate the facility of the United States Postal Service action the Department of the Interior and Related located at 550 Nebraska Avenue in Kansas City, Agencies appropriations for fiscal year 2005. Kansas, as the ‘‘Newell George Post Office Build- ing;’’ H. Con. Res. 257, Expressing the sense of ARMED FORCES—SEXUAL ASSAULT Congress that the President should posthumously PREVENTION AND RESPONSE award the Presidential Medal of Freedom to Harry Committee on Armed Services: Held a hearing on sexual W. Colmery; and H. Res. 653, Honoring former assault prevention and response in the armed forces. President George Herbert Walker Bush on the occa- Testimony was heard from the following officials of sion of his 80th birthday. the Department of Defense: David S. C. Chu, Under The Committee also held a hearing entitled ‘‘The Secretary, Personnel and Readiness; Ellen Embrey, Supersizing of America: The Federal Government’s Deputy Assistant, Force Health Protection and Read- Role in Combating Obesity and Promoting Healthy iness; Reginald J. Brown, Assistant Secretary of the Living.’’ Testimony was heard from Lester M. Army, Manpower and Reserve Affairs; Michael Crawford, M.D., Acting Commissioner, FDA, De- Dominguez, Assistant Secretary of the Air Force, partment of Health and Human Services; Eric Manpower and Reserve Affairs; and William Navas, Hentges, M.D., Director, Center for Nutrition Pol- Assistant Secretary of the Navy, Manpower and Re- icy and Promotion, USDA; Lynn Swann, Chair, serve Affairs; the following officials of the Depart- President’s Council on Physical Fitness and Sports; ment of Veterans Affairs: Frances Murphy, M.D., and public witnesses.

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OVERSIGHT—OPERATIONS OF THE U.S. a hearing on Counterintelligence: Iran. Testimony COPYRIGHT OFFICE was heard from departmental witnesses. Committee on the Judiciary: Subcommittee on Courts, the Internet, and Intellectual Property held an over- BRIEFING—GLOBAL TERRORISM UPDATE sight hearing on the Operations of the U.S. Copy- Permanent Select Committee on Intelligence: Sub- right Office. Testimony was heard from Marybeth committee on Terrorism and Homeland Security met Peters, Register of Copyrights, Library of Congress. in executive session to receive a briefing on Global ACCESS TO RURAL PHYSICIANS Terrorism Update. The Subcommittee was briefed by IMPROVEMENT ACT departmental witnesses. Committee on the Judiciary: Subcommittee on Immi- NATIONAL BIODEFENSE STRATEGY gration, Border Security, and Claims, approved for full Committee action H.R. 4453, Access to Rural Select Committee on Homeland Security: Held a hearing Physicians Improvement Act of 2004. entitled ‘‘Towards A National Biodefense Strategy.’’ Testimony was heard from Penrose Albright, Assist- MISCELLANEOUS MEASURES ant Secretary, Science and Technology, Department Committee on Resources: Subcommittee on Fisheries of Homeland Security; from the following officials of Conservation, Wildlife and Oceans approved for full the Department of Health and Human Services: An- Committee action the following bills: S. 1814, To thony Fauci, M.D., Director, National Institute of transfer federal lands between the Secretary of Agri- Allergy and Infectious Diseases, and William F. culture and the Secretary of the Interior; H.R. 3479, Raub, M.D., Principal Deputy Assistant Secretary, Brown Tree Snake Control and Eradication Act of Public Health Emergency Preparedness; MG Lester 2003; and H.R. 4027, amended, To authorize the Martinez-Lopez, USA, Commanding General, U.S. Secretary of Commerce to make available to the Uni- Army Medical Research and Materiel Command; and versity of Miami property under the administrative public witnesses. jurisdiction of the National Oceanic and Atmos- f pheric Administration on Virginia Key, Florida, for use by the University for a Marine Life Science Cen- COMMITTEE MEETINGS FOR FRIDAY, ter. JUNE 4, 2004 AIRLINE INDUSTRY—FINANCIAL (Committee meetings are open unless otherwise indicated) CONDITION Senate Committee on Transportation and Infrastructure: Sub- Committee on the Judiciary: to hold hearings to examine committee on Aviation held an oversight hearing on the nomination of Michael H. Watson, to be United The Financial Condition of the Airline Industry. States District Judge for the Southern District of Ohio, Testimony was heard from JayEtta Z. Hecker, Direc- 10 a.m., SD–226. tor, Physical Infrastructure Team, GAO; Michael Kestenbaum, Executive Director, Air Transportation House Stabilization Board; and public witnesses. No committee meetings are scheduled. COUNTERINTELLIGENCE: IRAN Joint Meetings Permanent Select Committee on Intelligence: Sub- Joint Economic Committee: to hold hearings to examine committee on Human Intelligence, Analysis and the employment situation for May, 9:30 a.m., 1334 Counterintelligence met in executive session to hold LHOB.

VerDate May 21 2004 05:03 Jun 04, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D03JN4.REC D03JN4 D576 CONGRESSIONAL RECORD — DAILY DIGEST June 3, 2004

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, June 4 12 noon, Friday, June 4

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Friday: The House will meet in pro forma of S. 2400, Department of Defense Authorization Act. session.

Extensions of Remarks, as inserted in this issue

HOUSE Castle, Michael N., Del., E1021, E1024, E1026 Maloney, Carolyn B., N.Y., E1022, E1024 Cunningham, Randy ‘‘Duke’’, Calif., E1022, E1025 Solis, Hilda L., Calif., E1023, E1025 Bass, Charles F., N.H., E1021, E1024, E1026 Graves, Sam, Mo., E1023 Souder, Mark E., Ind., E1023, E1025 Bereuter, Doug, Nebr., E1022 McInnis, Scott, Colo., E1021, E1024, E1026 Thornberry, Mac, Tex., E1022, E1025

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