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, MONDAY, DECEMBER 6, 2004 No. 137 Senate The Senate was not in session today. Its next meeting will be held on Tuesday, December 7, 2004, at 9:30 a.m. House of Representatives MONDAY, DECEMBER 6, 2004

The House met at 2 p.m. and was DESIGNATION OF THE SPEAKER WASHINGTON, DC, called to order by the Speaker pro tem- PRO TEMPORE December 6, 2004. I hereby appoint the Honorable MICHAEL K. pore (Mr. SIMPSON). The SPEAKER pro tempore laid be- SIMPSON to act as Speaker pro tempore on fore the House the following commu- this day. J. DENNIS HASTERT, nication from the Speaker: Speaker of the House of Representatives.

NOTICE If the 108th Congress, 2d Session, adjourns sine die on or before December 10, 2004, a final issue of the Congres- sional Record for the 108th Congress, 2d Session, will be published on Monday, December 20, 2004, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Monday, December 20. The final issue will be dated Monday, December 20, 2004, and will be delivered on Tuesday, December 21, 2004. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. ROBERT W. NEY, Chairman.

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

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VerDate Aug 04 2004 00:31 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00001 Fmt 4636 Sfmt 8633 E:\CR\FM\A06DE7.000 H06PT1 H10898 CONGRESSIONAL RECORD — HOUSE December 6, 2004 PRAYER With best wishes, I am throughout the world. This experience Sincerely, The Chaplain, the Reverend Daniel P. has continued to inspire Jeff and moti- JEFF TRANDAHL, vate him to serve his fellow veterans Coughlin, offered the following prayer: Clerk of the House. At this time of the year from across with honor and respect. Jeff’s dedication to the veterans the world arises Handel’s Song of Isa- f community will continue to shine iah’s text. Today the same vigorous COMMUNICATION FROM THE through the legacy of his accomplish- words are laid tenderly, like the music, CLERK OF THE HOUSE ments. Thank you, Jeff, for the exam- upon this House of Representatives: The SPEAKER pro tempore laid be- ple you have set. Your fellow veterans ‘‘Comfort my people. Give comfort to fore the House the following commu- will miss you. We wish you the best in my people, says your God. Cry out to nication from the Clerk of the House of your next chapter of life. the nation that her warfare is accom- Representatives: plished; that her iniquity is pardoned. f The glory of the Lord shall be revealed, HOUSE OF REPRESENTATIVES HOUSE MUST PASS 9/11 Washington, DC, November 29, 2004. and all flesh shall see it together: for Hon. J. DENNIS HASTERT, LEGISLATION the mouth of the Lord hath spoken it.’’ Speaker, House of Representatives, (Ms. JACKSON-LEE of Texas asked Lord, may this seasonal song Washington, DC. and was given permission to address strengthen Your people in their desire DEAR MR. SPEAKER: Pursuant to the per- the House for 1 minute and to revise for lasting peace, and may justice and mission granted in Clause 2(h) of Rule II of and extend her remarks.) right judgment in this Chamber be a the Rules of the U.S. House of Representa- Ms. JACKSON-LEE of Texas. Mr. comfort to Your people now and for- tives, the Clerk received the following mes- Speaker, the House today and tomor- ever. Amen. sage from the Secretary of the Senate on No- vember 24, 2004 at 6:30 p.m.: row has one, one, simply one chance to f That the Senate passed without amend- do what is right, and that is to pass the 9/11 Commission report legislation. It is THE JOURNAL ment H.J. Res. 115. With best wishes, I am not a question of whether this is a bad The SPEAKER pro tempore. The Sincerely, bill; it is a question of whether or not Chair has examined the Journal of the JEFF TRANDAHL, we can put aside special interests and last day’s proceedings and announces Clerk of the House. do our jobs. to the House his approval thereof. f Frankly, the issues that are standing Pursuant to clause 1, rule I, the Jour- in the way now are issues that can be nal stands approved. ANNOUNCEMENT BY THE SPEAKER addressed very well in the 109th Con- PRO TEMPORE f gress. In fact, I look forward to com- The SPEAKER pro tempore. The prehensive immigration reform. I am PLEDGE OF ALLEGIANCE Chair desires to announce that pursu- delighted we are working through the The SPEAKER pro tempore. Will the ant to clause 4 of rule I, Speaker Pro issues concerning our military. And in gentleman from Minnesota (Mr. KLINE) Tempore WOLF signed the following fact, we have been informed by those in come forward and lead the House in the enrolled joint resolution on Monday, charge of the military in the Pentagon Pledge of Allegiance. November 29, 2004: that these issues are resolved. Mr. KLINE led the Pledge of Alle- H.J. Res. 115, making further con- It is a shame when we hear the giance as follows: tinuing appropriations for the fiscal former, or soon-to-be former, Secretary I pledge allegiance to the Flag of the year 2005, and for other purposes. of Health and Human Services tell us that our food supply may be in jeop- United States of America, and to the Repub- f lic for which it stands, one nation under God, ardy. Human intelligence is vital. The indivisible, with liberty and justice for all. TRIBUTE TO JEFF OLSEN ON OC- 9/11 Commission legislation will ad- f CASION OF HIS RETIREMENT AS dress that. MINNESOTA COMMISSIONER OF With homeland security as the back- MESSAGE FROM THE SENATE VETERANS AFFAIRS drop of our work, we need more work with the Transportation Security Ad- A message from the Senate by Mr. (Mr. KLINE asked and was given per- ministration, more training and test- Monahan, one of its clerks, announced mission to address the House for 1 ing of cargo on airplanes. There is so that the Senate has passed with minute and to revise and extend his re- much work to be done. We must pass amendments in which the concurrence marks.) the 9/11 Commission legislation now. of the House is requested, a bill of the Mr. KLINE. Mr. Speaker, I rise today Only then can we begin the work of se- House of the following title: to recognize the contributions of Min- curing the homeland seriously. H.R. 4012. An act to amend the District of nesota Commissioner of Veterans Af- Columbia College Access Act of 1999 to reau- fairs, Jeff Olsen, on the occasion of his f thorize for 5 additional years the public school and private school tuition assistance retirement. MR. DENTON GOES TO SENATE programs established under the Act. Jeff Olsen was appointed Commis- (Mr. WILSON of South Carolina) sioner of Veterans Affairs by Governor f asked and was given permission to ad- Ventura in January 2001 and has con- dress the House for 1 minute and to re- COMMUNICATION FROM THE tinued to serve the veterans commu- vise and extend his remarks.) CLERK OF THE HOUSE nity proudly. Throughout the past 4 Mr. WILSON of South Carolina. Mr. The SPEAKER pro tempore laid be- years, Jeff has been a tireless advocate Speaker, with the conclusion of a ses- fore the House the following commu- and representative for Minnesota’s sion, there is a normal shuffling of nication from the Clerk of the House of 450,000 veterans. By working closely staff positions, and for the office of the Representatives: with groups such as the Veterans Serv- Second District of South Carolina we ice Organizations of Minnesota and the HOUSE OF REPRESENTATIVES, will miss Wesley Denton, who has Washington, DC, November 29, 2004. Minnesota Association of County Vet- served for 3 years as communications Hon. J. DENNIS HASTERT, erans Service Officers, Jeff has re- director. Speaker, House of Representatives, mained constantly in touch with the I have mixed feelings, personally, Washington, DC. issues of concern to the men and about this move; but I am thrilled Wes- DEAR MR. SPEAKER: Pursuant to the per- women he represents. ley has been selected to serve with Sen- mission granted in Clause 2(h) of Rule II of No stranger to those issues himself, ator-elect JIM DEMINT of South Caro- the Rules of the U.S. House of Representa- Jeff began his career as a member of lina. Congressman DEMINT is a person tives, the Clerk received the following mes- the United States Army, attached to sage from the Secretary of the Senate on No- of high integrity and competence, vember 24, 2004 at 6:10 p.m.: the United States Armed Forces Cou- which is reflected by his choosing Wes- That the Senate Concurs in House Amend- rier Service, a joint services mission ley. ments to Senate Amendment to H. Con. Res. responsible for the preparation and Wesley will be a part of history, in 529. transportation of top-secret materials that South Carolina has not had two

VerDate Aug 04 2004 00:31 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00002 Fmt 4636 Sfmt 0634 E:\CR\FM\K06DE7.002 H06PT1 December 6, 2004 CONGRESSIONAL RECORD — HOUSE H10899 Republican U.S. Senators since 1877. will pay for wellness instead of com- of the House of Representatives, that I have Beginning in January, we will have the pensating for disease. been served with a subpoena for testimony achievement of U.S. Senators LINDSEY In our bill, we allowed the expansion and documents issued by the Circuit Court of the Sixteenth Judicial Circuit in and for GRAHAM and JIM DEMINT. With Wes- of health savings accounts. Health sav- ings accounts will change the way the Monroe County, Florida. ley’s congressional experience, his After consultation with the Office of Gen- training with Ed Meese at the Heritage next generation approaches paying for eral Counsel, I have determined that compli- Foundation, and his work with the health insurance, giving them far ance with the subpoena is consistent with House Committee on Armed Services, greater power over their own health de- the precedents and privileges of the House. Wesley will assist the Senator to best cisions. Mr. Speaker, today’s seniors, Sincerely, represent the people of South Carolina. next year, will have the missing piece DEBRA MUSGROVE ZIMMERMAN, Wesley Denton, one of five sons of of Medicare when coverage for pre- District Chief of Staff Cassy and Dan Denton of Beaufort, scription drugs begins. for Ileana Ros-Lehtinen. South Carolina, and the newlywed hus- Mr. Speaker, this was indeed land- f mark legislation that passed this band of the former Kari Brooks, is a ANNOUNCEMENT BY THE SPEAKER credit to the people of South Carolina, House a year ago, and I salute those on the committees of jurisdiction that had PRO TEMPORE and I wish him Godspeed. a hand in getting this legislation The SPEAKER pro tempore. Pursu- In conclusion, God bless our troops passed. Every Member of this Congress ant to clause 8 of rule XX, the Chair and we will never forget September 11. and their staffs can be proud of their will postpone further proceedings f accomplishment. today on motions to suspend the rules BIPARTISAN INTELLIGENCE f on which a recorded vote or the yeas REFORM BILL and nays are ordered, or on which the ADMINISTRATION MUST BE HELD vote is objected to under clause 6 of (Ms. SOLIS asked and was given per- ACCOUNTABLE FOR UNJUST WAR rule XX. mission to address the House for 1 IN IRAQ minute and to revise and extend her re- Record votes on postponed questions (Mr. KUCINICH asked and was given will be taken after 6 p.m. today. marks.) permission to address the House for 1 Mr. Speaker, today I rise to ask for minute and to revise and extend his re- f the opportunity to vote on the 9/11 in- marks.) GENERAL LEAVE telligence reform bill, supported both Mr. KUCINICH. Mr. Speaker, nearly by Republicans and Democrats. Smart, Mr. YOUNG of Florida. Mr. Speaker, 1,300 brave American men and women I ask unanimous consent that all Mem- effective intelligence reform, such as have sacrificed their lives in Iraq. Yet this piece of legislation before Con- bers may have 5 legislative days within the central reasons for the U.S. inva- which to revise and extend their re- gress, will help to strengthen our intel- sion have fallen apart: Iraq had noth- ligence agencies and better protect marks and include extraneous material ing to do with 9/11, Iraq had no weapons on House Concurrent Resolution 528, Americans against terrorism. of mass destruction, there is no proof Unfortunately, extreme conserv- and that I may include tabular mate- that Iraq was instrumental with al rial on the same. atives are playing politics with Amer- Qaeda’s role in 9/11, and Iraq was not The SPEAKER pro tempore. Is there ica’s security. They have prevented us trying to get nuclear materials from objection to the request of the gen- from making America safer for our Najir. families because they continue to in- This administration misled the Con- tleman from Florida? sist that the House-passed controver- gress, misled the American people, vio- There was no objection. sial immigration provisions need to be lated international law, directed the f included. The 9/11 Commission has stat- bombings of populated areas causing DIRECTING CLERK OF THE HOUSE ed, and I quote, ‘‘We believe strongly the disruption of water, sewer, and TO MAKE TECHNICAL CORREC- that this bill is not the right occasion electrical service, ordered house-to- TIONS IN ENROLLMENT OF H.R. for tackling controversial immigration house fighting, and now, the civilian 4818 and law enforcement issues.’’ toll, by one account, is over 100,000 I believe with the 9/11 Commission. Iraqi civilians perished. Why? Mr. YOUNG of Florida. Mr. Speaker, The legislation before us has the sup- Freedom, if it is to be obtained any- I move to suspend the rules and concur port of the President, the support of where, must be advanced under the in the Senate amendment to the con- congressional leaders in both the House standard of truth. The Iraqis will not current resolution (H. Con. Res. 528) di- and the Senate, and it is the will of the be handed freedom based on lies, nor recting the Clerk of the House of Rep- 9/11 Commission and the wishes of the will our own Nation preserve our free- resentatives to make technical correc- 9/11 families that Congress pass this doms if we continue to accept the basis tions in the enrollment of the bill H.R. legislation. for our occupation of Iraq. 4818. Let us make America safer and pass This administration must be held ac- The Clerk read as follows: this bipartisan compromise. countable under international law for Senate amendment: At the end of the resolution, insert f the disaster it visited upon Iraq. Only the truth can clean the stain on our the following: ONE-YEAR ANNIVERSARY OF Nation’s conscience. Strike Section 222 of Title II of Division H. MEDICARE MODERNIZATION ACT f The SPEAKER pro tempore. Pursu- (Mr. BURGESS asked and was given COMMUNICATION FROM DISTRICT ant to the rule, the gentleman from permission to address the House for 1 CHIEF OF STAFF OF HONORABLE Florida (Mr. YOUNG) and the gentleman minute and to revise and extend his re- ILEANA ROS-LEHTINEN, MEMBER from Wisconsin (Mr. OBEY) each will marks.) OF CONGRESS control 20 minutes. Mr. BURGESS. Mr. Speaker, we come The Chair recognizes the gentleman The SPEAKER pro tempore laid be- up on the 1-year anniversary of the from Florida (Mr. YOUNG). President signing the Medicare Mod- fore the House the following commu- ernization Act. This is truly an accom- nication from Debra Musgrove Zim- b 1415 plishment of which this Congress can merman, District Chief of Staff of the Mr. YOUNG of Florida. Mr. Speaker, be proud. We begin the process of the Honorable ILEANA ROS-LEHTINEN, Mem- I yield myself such time as I may con- transformation of Medicare. ber of Congress: sume. Mr. Speaker, with the advances in HOUSE OF REPRESENTATIVES, Mr. Speaker, the legislation before medical science, and those that are to November 24, 2004. the House, H. Con. Res. 528, directs the come in fields such as genomics and Hon. J. DENNIS HASTERT, Clerk of the House to make technical Speaker, House of Representatives, protenomics, we are going to see im- Washington, DC. corrections in the enrollment of the proved longevity and improved health DEAR MR. SPEAKER: This is to notify you bill H.R. 4818, the Omnibus Appropria- outcomes. Medicare, for the first time, formally, pursuant to Rule VIII of the Rules tions Act for Fiscal Year 2005. Members

VerDate Aug 04 2004 00:31 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00003 Fmt 4636 Sfmt 0634 E:\CR\FM\K06DE7.006 H06PT1 H10900 CONGRESSIONAL RECORD — HOUSE December 6, 2004 may recall that the House passed this I responded by saying the gentleman is cor- Mr. Speaker, I hope as the gentleman resolution, H. Con. Res. 528, along with rect. The Committee on Appropriations needs from Florida (Mr. YOUNG) leaves the the omnibus appropriation bill on No- access to IRS field facilities to do our over- leadership of this committee that we vember 20, 2004. Today we are consid- sight work. That work does not require the might find more outrage when things ering an amendment which was added Committee on Appropriations to review indi- like this happen, regardless of which by the Senate to the concurrent resolu- vidual tax returns under section 6103, but it committee it is. We have to find some tion that would make a further correc- does require access to the facilities. way that staffs cannot legislate for the tion to the omnibus appropriations bill This colloquy can be found on page H10191 House, for the Senate, and for the Con- by deleting section 222 of the bill which of the CONGRESSIONAL RECORD of November gress. We cannot blame staff when we deals with IRS oversight. 20, 2004. give them the authority to do such a I think it is important to take just a Mr. Speaker, I reserve the balance of thing. I do not care whether it is the minute or two to say some things my time. Committee on Ways and Means, Com- about this provision. I explained why Mr. OBEY. Mr. Speaker, I yield 3 mittee on Appropriations or what com- this provision was included, and I in- minutes to the gentleman from New mittee it is, we are losing each and cluded this statement in the CONGRES- York (Mr. RANGEL), the distinguished every day a lot of confidence from the SIONAL RECORD in part of the debate on ranking member of the Committee on voters, and if we start losing them in Ways and Means. the last continuing resolution. I want the taxpayers and, we have a tax- (Mr. RANGEL asked and was given to be clear, though, that the Com- payers’ revolt as well as a political re- permission to revise and extend his re- mittee on Appropriations never had volt, there will be no winners in this any intention to review or investigate marks.) Mr. RANGEL. Mr. Speaker, I do not House, Republicans or Democrats. individual tax returns. That is the pre- Mr. YOUNG of Florida. Mr. Speaker, rogative of the Committee on Ways and stand here to get involved in a jurisdic- tional fight between the Committee on I yield myself 1 minute. Means in the House and the Committee Mr. Speaker, I will say to the gen- on Finance in the Senate. Ways and Means and the Committee on Appropriations, and there is not a tleman that unlike some committees However, it is important to note that in this House who do their work in se- the IRS had requested an increase of Member of this House that I have more respect for than the chairman of the cret, this committee does its work in $500 million, a half a billion dollars, for public, in the open. We may have to their programs and functions in the Committee on Appropriations. We have served together over the years, and work late hours, all night long, week- IRS. The Committee on Appropriations ends, and that is a fact. The fact of the does have an obligation to review and sometimes even forgot we were Repub- lican and Democrat because he has matter is this provision, along with provide oversight of that kind of an ex- every other provision of that section penditure. That was the purpose of the been such a gentleman even when we disagreed on issues. that we are concerned about here, was language. It was never intended to read word for word, comma by comma, have anything to do with individual in- I am just surprised there is not more outrage on the process. Whether it is period by period, by 17 staff members come tax returns. who supposedly reported to their chair- I stated this very clearly in a col- Ways and Means or Appropriations, the men and their ranking members. These loquy with the chairman of the Com- whole idea that a staff member can 17 staff members were Republicans, mittee on Ways and Means. I will also contact the Internal Revenue Service, point out that section 203 of the same and the Internal Revenue Service they were Democrats, they were from division of the bill includes an IRS gen- drafts a provision of law and then the House committee, and they were eral provision which has been carried somehow it finds itself in a conference from the Senate committee, and they for years. The section reads, ‘‘The In- report is something that takes away read the entire section, and they re- ternal Revenue Service shall institute the integrity, and not of the tax-writ- ported to the leadership of their respec- and enforce policies and procedures ing committee or the appropriation tive committees. It was done in public. that will safeguard the confidentiality committee, but the United States Con- We do not do our bills in secret. of taxpayer information.’’ IRS would gress, the House and the Senate. This Mr. OBEY. Mr. Speaker, I yield 1 have had the authority they needed to is outrageous when we are talking minute to the gentleman from New protect taxpayer privacy. about such a sensitive issue. York (Mr. RANGEL). It is an unfortunate set of cir- The United States is one of the few Mr. RANGEL. Mr. Speaker, I would cumstances that have led many to mis- republics which has a democracy which like to say to the gentleman from Flor- interpret the section in question and has a volunteer system for the filing of ida (Chairman YOUNG), stealing in pub- the intent of that section, section 222, income tax. True, we have the threat of lic to me is no different than stealing of the appropriations bill. However, in what happens if a taxpayer is so un- in the middle of the night. If this thing order to eliminate the confusion that lucky that they are audited and found is so repugnant that it is on the sus- has been created around this issue, I to have done something wrong, but the pension calendar to take it out, why is ask that the House agree with the whole basis of the system is having the gentleman so proud that you put it amendment by the Senate to this con- confidence that what you are telling in? current resolution and ask the Mem- them is being held private. It is not too What I am talking about is not the bers to support it. unusual to find things coming into con- gentleman and not this committee, but Before the Omnibus Appropriations ference reports that did not pass the a process that is repugnant to every- bill, which has been passed by the House and did not pass the Senate, but thing that a House Member or Member House and the Senate, but before it can at least the majority has the chutzpah of Congress should believe in. I do not be sent to the President for his signa- enough to waive points of order. At mean to take this out on the gen- ture, this concurrent resolution has to least they say they are cheating and tleman from Florida personally. I said be passed. have already waived the authority of Members should not allow staff to do I would like to read for the RECORD the col- the minority to have any input in what this. If it was read at 3 in the morning loquy I just referenced. they are doing in the conferences wher- or 3 in the afternoon, what difference Mr. THOMAS said, Mr. Chairman, I under- ever they are held. But to say that the does it make? We are taking it out stand section 222 of the Transportation, privacy of filing income tax, and some now, and that means it was wrong to Treasury and Postal title provides the Com- people say they do not know how it got put it in there, and we are proud to mittee on Appropriations with proper access in here, but the IRS certainly knows take it out. IRS facilities for oversight purposes but not how it got in here, and the appropria- Mr. YOUNG of Florida. Mr. Speaker, the ability to examine individual tax returns, tions staff person certainly knows how I yield myself 1 minute to respond to data, or information and that it is the intent of it got in here, the only people who do the gentleman. the Committee on Appropriations that all ac- not know how this happened are Mem- The problem is not in the House. This cess to taxpayer information would remain bers of Congress because we have issue was discussed openly in a col- governed by the disclosure and privacy rules reached a point where we do not read loquy with the chairman of the Com- of section 6103 of the Internal Revenue Code. your bills anymore, we just take your mittee on Ways and Means. We dis- Is that correct? word for it. cussed this issue thoroughly, and we

VerDate Aug 04 2004 00:06 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00004 Fmt 4636 Sfmt 0634 E:\CR\FM\K06DE7.010 H06PT1 December 6, 2004 CONGRESSIONAL RECORD — HOUSE H10901 made it clear what the intent was. Why of legislative provisions that were in- My concerns have been overshadowed by a we are removing the provision today is cluded in the Transportation and certain tax provision that also appeared in the because the other body amended our Treasury section of the Omnibus Ap- Omnibus. But they are symptoms of the same resolution and said they wanted it out. propriations Act without consulting or disease. We are a bicameral legislature, and we even notifying the committee of juris- It is the willingness of appropriators and have to work with the other body. diction, the Committee on Government their staff to legislate on appropriations bills In fact, this whole comedy of errors Reform. without consulting the committees of jurisdic- of an omnibus appropriations bill We strenuously oppose section 522 re- tion that caused the mess over the ill-consid- would not have happened if the other quiring that each Federal agency have ered tax provision and this trend is the basis body, and I am not allowed by the a privacy officer to carry out duties re- of my concern as well. House rules to say who or what or why, lating to the privacy and protection of The authorizing committees are Congress’s but the other body did not pass their personally identifiable information. experts on the law, and the appropriations bills. These Federal information security process should not be used as an end-run I really get offended when I hear the functions are an intrinsic part of exist- around their consideration. news media reporting the Congress did ing Federal information policy. I recognize that politics and process will not get their job done. The House did. They are the responsibility of the sometimes require that legislation be included The Committee on Appropriations agency chief information officer in the in appropriations; and, passed all of its bills. By the end of agencies. Therefore, privacy officers I have always been willing to work with ap- July, we had all of our bills reported, are unnecessary. They are duplicative, propriators to include suitable legislation in and we had all but one through the and it is confusing. their bills. Looking forward to next Congress, House floor, and that one could have Further, section 522 attempts to ad- it is my hope that this episode will inspire a gone through the House floor, but we dress information security concerns greater willingness on the part of the appropri- were not given time to do it on the that are already addressed in the Fed- ators and their staffs to consult and cooperate floor. The other body did not do their eral Information Security Management with the authorizers before legislating on ap- job, so we had to do this omnibus pack- Act, the Clinger-Cohen Act, the Elec- propriations acts. age rather than doing 13 separate bills. tronic Government Act, and the Paper- Finally, I ask for the appropriators support in There is the answer to the gentleman’s work Reduction Act. These laws are repealing the badly considered Chief Privacy question. currently implemented by Federal Officer provision that was surreptitiously in- Mr. OBEY. Mr. Speaker, I yield my- agencies. 1 cluded in the Omnibus at the 11th hour. self 1 ⁄2 minutes. Section 522 merely creates a layer of Mr. Speaker, it is ironic that we have bureaucracy that contradicts existing an argument going between two gentle- b 1430 Federal information policy currently men, neither of whom who had any re- executed by the CIOs. Mr. OBEY. Mr. Speaker, I yield 2 sponsibility for the problem that oc- The Committee on Government Re- minutes to the gentlewoman from Cali- curred. fornia (Ms. PELOSI), the distinguished The responsibility for this problem form and Federal agencies have worked hard to ensure the Federal Government minority leader. lies squarely on the shoulders of the Ms. PELOSI. Mr. Speaker, I thank majority party leadership because they has coherent information security poli- cies and guidelines in place. Section 522 our distinguished ranking member, the knew that they could not bring their gentleman from Wisconsin (Mr. OBEY), appropriation bills to the floor in the reverses the progress the Federal Gov- ernment has made to modernize itself for yielding me this time and once Senate and pass them before the elec- again commend him and the gentleman tion, so they created the situation in in order to function more efficiently and cost-effectively in a digital age. from Florida (Mr. YOUNG), our chair- which, after the election, all of these man, for their service and leadership to appropriation bills were jammed to- In addition, this section is a fine ex- ample of legislating on appropriation our country and this Congress. gether. They were then dealt with by Mr. Speaker, 16 days have come and the staff night after night. The staff bills. But worse, there was no attempt gone since this House passed the omni- worked with no sleep, and, as a result, to even discuss this provision with our bus appropriations bill. Yet not one language that should have been caught committee, the committee with juris- Member of Congress is willing to take and corrected was not corrected. diction over Federal information pol- That is what happens when Members icy. For years we have performed an responsibility for jeopardizing the pri- do not respect the processes of the aggressive legislative and oversight vacy of more than 180 million Amer- House. That is what happens when you agenda. ican taxpayers. Instead, a Republican do not give Members of the majority or We have introduced a bill now to re- staff member came forward late last minority enough time to actually peal this section, but the disregard for week stating that he inserted the pro- know what they are doing. The House the committee of jurisdiction in this vision without mentioning it to the Re- has egg on its face because the major- section of the omnibus did not stop publican Member of Congress who em- ity party leadership had an agenda on there. In July, the gentleman from In- ployed him. Success, it is said, has appropriation bills that precluded their diana (Mr. SOUDER) and the gentleman many fathers, but failure is an orphan. ability to get votes for them in the from Connecticut (Mr. SHAYS) on be- Let us be clear, this assault on the other body until after the election. half of the Committee on Government privacy of America’s taxpayers has That is a sad fact as to what happened, Reform raised and the Chair sustained failed because it is an outrage to the and the way to correct this is to see 12 points of order against legislative American people and to most of the that we have enough time to do our provisions in the Transportation and Members of this body. From the Con- jobs, that we quit suspending the rules Treasury Appropriations Act. Nine of stitution’s protections of freedom of around here so Members have enough these were rewritten in the omnibus, in association and political expression to time to read conference reports, and we violation of House rules, without con- its protection against unlawful make compromises ahead of time so sulting our committee, and despite our searches and self-incrimination, our the House can get its appropriations requests that these provisions not be citizens expect and deserve a govern- work done in an orderly way. That is reinserted including: ment that respects their privacy and what has been sadly lacking over the 1. An amendment that runs contrary to the does not discriminate against them on past year. reauthorization of the Drug Control Policy Act the basis of political beliefs. Mr. YOUNG of Florida. Mr. Speaker, passed by the House last year; and Yet the provision we are repealing I yield 2 minutes to the gentleman 2. Several legislative provisions that will add today would have granted sweeping au- from Virginia (Mr. TOM DAVIS). unneeded red tape and expense to the Fed- thority to the appropriations com- (Mr. TOM DAVIS of Virginia asked eral procurement process. mittee chairmen and their staffs to re- and was given permission to revise and What does it say about our institutional in- view individual tax returns without the extend his remarks.) tegrity, our rules, ours state of affairs, when restrictions in current law that make Mr. TOM DAVIS of Virginia. Mr. points of order are sustained and subse- it a crime to use private tax informa- Speaker, I rise today to oppose a series quently ignored. tion improperly. As a result, private

VerDate Aug 04 2004 00:48 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00005 Fmt 4636 Sfmt 0634 E:\CR\FM\K06DE7.014 H06PT1 H10902 CONGRESSIONAL RECORD — HOUSE December 6, 2004 taxpayer information would be vulner- obey its own current rules that require ten by Dan Morgan in describing the able to unwarranted scrutiny, and tax- Members of Congress be given at least situation. That paragraph in Mr. Mor- payers would have no resource or as- 3 days to read legislation before voting gan’s story reads as follows: surance against the improper use of on it. That is a rule of the House for all ‘‘But a reconstruction of what hap- their private financial information. legislation. Why would it not be even pened suggests less a sinister con- This sweeping disregard for the protec- more important for a 3,000-page bill spiracy than problems arising from the tion of taxpayer privacy is deeply trou- containing nine appropriations bills, legislative practices of the present bling and all too familiar. the omnibus bill, that had other extra- Congress, in which sleep-deprived staff- Just 30 years ago, the Judiciary Com- neous matter in it as we can see? Be- ers often take on much of the burden of mittee of this House, on a bipartisan fore us today is again what can happen writing major bills under deadline basis, voted to impeach President when slight deviations from legal pressure, and legislation drafted in se- Nixon for violating the Constitution, modes of procedure are allowed to go cret is rushed through both Chambers including using the Internal Revenue forward. before lawmakers, let alone the general Service to persecute those on his en- I urge my colleagues to remove this public, have a chance for review. emies list. Article two of the Articles taxpayer privacy persecution provision ‘‘Senator KENT CONRAD, ranking of Impeachment specifically stated and to demand an end to the irrespon- Democrat on the Budget Committee, that President Nixon endeavored to ob- sible use of martial law rules. Only if warned that ‘something really seri- tain from the Internal Revenue Serv- we determine to obey the rules of the ously bad is going to happen if we let ice, in violation of the constitutional House can we truly expect the Amer- this continue.’ Senator JOHN MCCAIN rights of citizens, confidential informa- ican people to think that we realized said, ‘This process is broken.’’’ tion contained in income tax returns. what happened in this bill was wrong So says the story in The Post. This disgraceful episode is a sad part and we are determined that it will not I think that story is accurate. And I of our history, but it was not all that happen again. would point out that when we have leg- long ago. Many of us remember. In Mr. Speaker, I urge our colleagues to islation that is produced under those fact, the distinguished ranking member support the provision that is before us conditions and then when that legisla- of the Committee on Ways and Means, today. tion is brought to the floor under con- the gentleman from New York (Mr. Mr. OBEY. Mr. Speaker, I yield my- ditions in which the rules of the House RANGEL), and the distinguished rank- self the balance of my time. are suspended so that Members do not ing member of the Committee on the Mr. Speaker, this is an extremely re- have the normal time to look at a bill, Judiciary, the gentleman from Michi- grettable incident. The House is gath- what happens is that there are items in gan (Mr. CONYERS), were both serving ered here today, long after the session the bill that are not only hidden from on the Judiciary Committee in 1974, is supposed to be over, because we had members of the opposition party; there and they continue to serve here, obvi- language inserted in an appropriation are items in the bill that are hidden ously, today. We are grateful for their bill which, if read on its face, would from the majority’s own caucus. steadfast courage and determination in create a grave threat to the privacy of I think that rank-and-file Members defending our Constitution. They know individual taxpayers. I am personally of both parties are grossly disserved, that it is our constant duty to protect confident that that was not what was and I think the appropriations com- and defend our civil liberties, our free- meant. I do not believe that this lan- mittee is grossly disserved when we are doms, and the Constitution of the guage has been placed in this omnibus not given sufficient time to review ac- United States. That is the oath of of- appropriations bill because of any con- tions taken by staff and to review ac- fice that we take, and we must never spiracy to invade privacy. I do not be- tions taken by conferees. let our guard down. lieve that at all. This is supposed to be the greatest Lacking the support of a majority of I do believe, however, that the House deliberative body in the world. It is a this body, this assault on taxpayer pri- has been operating under a different far cry from that when you are asked vacy was possible only because of the kind of conspiracy and that has been a to swallow 3,000 pages, when a bill is Republicans’ repeated willingness to conspiracy to, in essence, shut down filed at 1 o’clock in the morning and abuse their power. My colleagues, as the congressional consideration of ap- then brought to a floor vote with no we all know, the rules of this House propriation bills until after the elec- opportunity to really read the fine mandate that Members be given a min- tion because of the knowledge on the print. imum of 3 days to review legislation. part of the majority party leadership So I simply think, Mr. Speaker, that That is a rule of the House. Yet the Re- that the funding levels for a variety of the way to gain something out of this publican leadership frequently resorts programs were so tight in areas such as experience is to determine that in the to the use of martial law to push education and science and health that future we are not going to suspend the through legislation by requiring a the leadership knew that those votes rules on massive appropriation bills; same-day vote. In the 108th Congress could not pass the Senate before the that we are going to allow people to alone, the Republican leadership pro- election. And then after the election, have the time to review the contents. posed same-day votes nearly 30 times. the appropriations committee, its But even more importantly, there This excessive use of martial law rules members and its staff, were then given needs to be a determination to begin subverts the will of Congress by deny- marching orders to produce bills in vir- the process with a realistic budget res- ing Members the opportunity to exam- tually no time. Those bills were then olution so that the majority party can ine critical legislation, thus allowing brought to the floor. bring its bills to the floor and pass egregious measures such as the tax- This is the report, the conference re- them. I am probably not going to like payer privacy persecution provision to port, now some 3,000 pages of original the priorities in those bills. But the pass. It was only caught in the Senate text. Those bills were brought to the House is better served and Members of because they had more time to review floor with no opportunity for any Mem- both parties are better served when the legislation. ber, including the gentleman from there is an orderly process so that we Mr. Speaker, the Supreme Court Florida and myself as the chairman can debate these differences honestly. noted in an 1886 forfeiture case that il- and ranking member of the committee, Right now we are all paying a price and legitimate and unconstitutional prac- to actually take the time to review this institution is paying a price be- tices get their first footing by silent what was in the language of all 3,000 cause that has not happened in the past approaches and slight deviations from pages and the language was produced year. I have made quite clear where I legal modes of procedure. Before us by staff that was sleep-deprived, har- think the responsibility for that lies. today is a glaring example of what can ried and harassed and under orders Mr. Speaker, I would simply ask happen when slight deviations from only to get the job done within a cer- Members to remember this incident legal modes of procedure are allowed to tain time window laid out by the ma- when we vote on rules changes for the go forward. To prevent future instances jority party leadership. coming Congress. I would ask Members of hasty and dangerous decision-mak- The Washington Post contained the to remember that there are reasons ing, the House of Representatives must following paragraph in an article writ- why we should not suspend these rules.

VerDate Aug 04 2004 00:48 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00006 Fmt 4636 Sfmt 0634 E:\CR\FM\K06DE7.047 H06PT1 December 6, 2004 CONGRESSIONAL RECORD — HOUSE H10903 If it is important for us to pass some- passed it with approximately 60 votes. come-tax return. The Senate passed the reso- thing quickly and if there is bipartisan The bill has passed. What we are deal- lution after the discovery of that provision led agreement on that necessity, you can ing with now is a technical correction. the chairman of their Appropriations Com- get two-thirds to bring up these bills. We have all agreed to it. We just ought mittee to publicly apologize and after it was Many times we have cooperated proce- to go ahead and do it, get the bill agreed that the appropriations bill itself would durally to move appropriation bills for- transmitted down to the President, and not be sent to the President until the deletion ward, but we need to have the safety clear the decks so that the new Con- was made. valve of those rules in order to prevent gress and the new administration, can Certainly this was an embarrassing develop- future mistakes like this which embar- start with a clean slate. ment. But it should not have come as much of rass the institution. Hopefully there will be decisions a surprise, because it was the result of a And so, Mr. Speaker, I would hope made that will allow the appropria- badly flawed process. that we remember that when we are tions and budget process to work more Rolling together nine separate appropria- asked to vote on rules changes at the effectively. There are some who say tions measures—including one that had not beginning of the next Congress. that the process is broken. I disagree been considered by either chamber and sev- Mr. Speaker, I yield back the balance with that. I do not think the process is eral that had been considered only by the of my time. broken, because the House passed all of House—is not the way Congress should do its Mr. YOUNG of Florida. Mr. Speaker, our bills. What broke down was the op- work. And, as in previous years, the Repub- I yield myself the balance of my time. portunity to go to conference with the lican leadership made things outrageously Mr. Speaker, we understand the prob- other body, because they did not pass worse by rushing the massive measure to the lems that have been created here, their bills. floor under a ‘‘martial law’’ rule that prevented mainly confusion. I certainly endorse The budget process might also be a Members from having time to carefully review what the gentleman from Wisconsin little bent out of shape because we its thousands of pages. has said about how this came about have not had a budget in a couple of That was the situation that faced us on No- and what the intent was. The intent years. The gentleman from Iowa vember 20th, when the House took up the was to provide the proper oversight of (Chairman NUSSLE) deserves credit. He measure, and when each of us had to decide a half-a-billion-dollar request for an in- passed a resolution in the House set- whether to support or oppose its passage. crease in an agency’s budget. But this ting a budget, but, again, there was I finally decided to support it, but the deci- is not the best way to do business. never any conference agreement with sion was not an easy one and came only after b 1445 the Senate to bring that budget for- as much review as my staff and I could give An omnibus appropriations bill is the ward and to have the full force of a to the measure and after giving serious con- last thing you want to do to get the ap- budget. sideration to voting against it. propriations bills passed. So in the House we deemed the budg- On the one hand, a review of the measure Now, appropriations bills have to et number to be that as the House showed that its enactment would have many pass. You cannot adjourn and not com- passed it, and the Committee on Appro- benefits for Colorado and the country. plete the appropriations bills, because priations, the gentleman from Wis- For example, its enactment would assure then the government shuts down. I am consin (Mr. OBEY), although we had dif- that the cleanup of the Rocky Flats site would happy and proud to say during my ferent approaches, we worked hard to be able to stay on the schedule that aims for chairmanship, on my watch, we did not stay within that budget number. completion and closure by the beginning of have any government shutdowns, we Mr. Speaker, we stayed within the 2006, and that there would be funds for much- did not have any appropriations bills budget. We did not exceed the budget. needed work at the NIST laboratories in Boul- vetoed, and we had pretty good votes The omnibus bill does not violate the der. on most all of the appropriations bills. budget as deemed by the House. But it It also would mean that the Interior Depart- In fact, this year we never got less would be far better if we could have the ment could complete the purchase of the than 300 votes on an appropriations bill budget process work to the point that lands in the San Luis Valley that will become in the House. That is not a bad record. the House would pass it, the Senate the new Baca National Wildlife Refuge adjoin- The reason that the gentleman from would pass it, we would conference it, ing the newly designated Great Sand Dunes Wisconsin (Mr. OBEY) and I both pushed and then both of us work from the National Park. It would mean that other Colo- our subcommittees, majority and mi- same budget. rado lands could be added to the national for- nority Members, so hard to get our We had to end up with the same num- ests, including more of the lands in the Beaver work done on time was to avoid an om- ber on appropriations bills, and the Brook watershed that the City of Golden is nibus appropriations bill, and we did way we did it was to have this omnibus eager to sell for that purpose as well as the that. The last bill of the 13 bills was re- appropriations bill. Miller tract near Grand Lake and other sen- ported by the House Committee on Ap- Mr. Speaker, as a member of the sitive lands in other parts of the state. And it propriations on July 22, 41⁄2 months Committee on Appropriations, you would provide other needed funds for ongoing ago, the final bill. The last bill that we know how hard I pushed to get this work related to federal lands or other natural passed in the House was September 22, work done. And we did our job. I am resources in our state being done by the Na- 21⁄2 months ago. proud of this House, and I am proud of tional Park Service, the Fish and Wildlife Serv- The thirteenth bill would have also the Committee on Appropriations, on ice, the Bureau of Land Management, the Bu- been passed that same month, except both sides of the aisle. We did our job. reau of Reclamation, and the Army Corps of we were not given time to put the bill But we are part of a bicameral legisla- Engineers. on the floor. The House would have had ture. The saying is, ‘‘It takes two to In addition, it would provide funds for impor- its job completed. Then we could have tango.’’ Well, it takes two Houses to tant projects for the benefit of many Colorado paid attention to 13 bills, each one in- appropriate. That has been one of our communities—including Boulder, Eldorado dividually, each one separately, so problems. Springs, Idaho Springs, to mention only some there would have been time to have a There is a lot more I would like to in the Second Congressional District—and in- more thorough evaluation of what was say about this, but I am not going to. stitutions, including National Jewish and Avista in those bills. It is time to get rid of this resolution, Hospitals, the Bonfils Blood Center, and the But, the other body would not pass H. Con. Resolution 528, and allow this National Sports Center for the Disabled. their bills. They would not put them on appropriations bill to be transmitted to Further, both our Nation’s leadership in the floor, for whatever reason. So there the President. science and Colorado firms would benefit from were nine bills in this omnibus appro- Mr. UDALL of Colorado. Mr. Speaker, I will the $291 million to be used by NASA for serv- priations bill. It was a bad way to do support this resolution. But the fact we are icing the Hubble space telescope—which the business, but it was the only alter- considering it should be a source of embar- statement of managers said ‘‘should be one of native left to us in order to get the job rassment for our Republican colleagues and NASA’s highest priorities’’—and from the bill’s finished in the time that we had to get their leaders. provision of $28.2 million for the space grant it done. The resolution would delete from the omni- program. And I was encouraged by the The bill itself has passed. The House bus appropriations bill a provision that would amounts the bill would provide for renewable passed it with 344 votes. The Senate put at risk the privacy of every American’s in- energy research and development—including

VerDate Aug 04 2004 00:48 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00007 Fmt 4636 Sfmt 9920 E:\CR\FM\K06DE7.046 H06PT1 H10904 CONGRESSIONAL RECORD — HOUSE December 6, 2004 $4.8 million for the National Renewable En- serted with the knowledge of only a handful of An expansion of H–1Bs is not necessary. ergy Laboratory (NREL) as well as an addi- individuals in this body that would have seri- There is no evidence of a shortage of qualified tional $6.7 for construction of NREL’s Science ously undermined the privacy rights of all American workers. Even Bureau of Labor Sta- and Technology facility—and for research re- American taxpayers. tistics data compiled by the Bush administra- garding abrupt climate change. We find ourselves in this situation because tion show rising unemployment among Amer- I wanted to support these provisions, par- of the mismanagement of the Congress and ican engineers and computer scientists. In ticularly because many of them would not the federal budget process by the majority in fact, for the first time in more than 30 years, have been included in a long-term continuing the House. The Congress never passed a the unemployment rate for tech workers is resolution that was the most likely substitute if budget this year. That led to the total implo- higher than the overall jobless rate. This pool the omnibus bill did not pass. sion of the annual appropriations process. of American workers should be tapped first On the other hand, I was sure that any ap- Only two bills were approved by Congress and before even considering an expansion of the propriations bill with such a large number of signed into law by the start of the 2005 fiscal H–1B program. specifically-earmarked funds must include allo- year on October 1, 2004. Two additional bills Further, there is growing evidence that the cations for low priority projects or questionable were approved in mid-October. importation of foreign workers is driving down purposes—something of particular concern The remaining nine bills totaling hundreds of the wages of American workers. when the federal government is operating in billions of dollars and running more than 3,000 Given all of these obvious negatives, there the red. pages in length were cobbled together behind are a significant number of members on both Further, the conference report retained an closed doors by just a few staff members with sides of the aisle who are concerned about objectionable provision that would allow vir- oversight by just a couple of Republican lead- expanding the H–1B program and feel strongly tually any health care entity to refuse to pro- ers in Congress. The text of this monstrosity that this is an issue of protecting American vide, cover, pay for, or even refer patients for was brought to the House floor only a few jobs and American workers’ standard of living. abortion services, even when such actions are hours prior to the vote on Saturday, November I am also disappointed that the House lead- otherwise legally mandated by the federal or a 20th. That is clearly not enough time for any ership included in this omnibus a 10-year au- state government. The same provision also of us to read the bill, understand it, and en- thorization for new and more expansive recre- would allow health care providers who receive sure tax dollars are being spent wisely. ation fee taxes for use of public land. The public money to refuse to provide women with Despite this ridiculous process, I voted in original Recreation Fee Demonstration pro- unintended pregnancies information con- favor of the bill because the alternative would gram was established by a rider to the 1996 cerning all their legal options. I thought this have hurt the people I represent in Oregon. Interior appropriations bill. Since its establish- provision should not have been included. In The alternative to the omnibus was to fund vir- ment, fee demonstration has been amended another problematic provision, the bill cuts tually the entire Federal Government on auto- or extended numerous times, but has never funding for NREL’s photovoltaics program, pilot for the next year via a continuing resolu- gone through the proper authorizing process. tion. This would have negated the increased which could mean a loss of as many as 40 Now, Congress is prepared to adopt a 10-year funding in the omnibus for veterans at a time jobs at NREL. This would be a devastating authorization through back channels, even when thousands of troops are returning home loss for the development of PV technology, for though it has never been taken up by the full from Iraq and Afghanistan, threatening to NREL overall, and for Colorado. House, and is opposed by the committees of And I was very concerned that there was a overwhelm the VA health care system. jurisdiction in the Senate. There is also strong It also would have meant Oregon would distinct possibility that by voting for the bill I opposition in the House from Members of both lose millions of dollars I secured in the omni- would be supporting other new legislation parties who serve on the committees of juris- bus for critical infrastructure projects, including whose specific details—and possibly objec- diction. projects at the North Bend Airport; the Port of Fees for dispersed recreation on public tionable features—I would only be apparent if Brookings; transportation improvements like lands amounts to nothing more than a stealth there were more adequate time to review the the Coburg/I–5 Interchange; and water infra- double tax for hikers, hunters, picnickers, or bill. structure projects for Sweet Home, Coburg, anyone wishing to spend a day at the beach The fact that the bill included the tax-return and Coquille. or in the forest with their family. An omnibus provision addressed by the resolution before So, while I supported the omnibus because appropriations bill is not the place to impose us today shows this concern was well-found- it is beneficial for Oregon, I would urge the increased taxes on Americans. ed. And I would have been even more appre- House Republican leadership to never again Besides, the land management agencies hensive if I had known that the statement of bring a bill to the House floor under these cir- have utterly failed to demonstrate that they de- managers not only failed to fully explain many cumstances. Never again should the federal serve an expanded fee program. Within the provisions, but in some instances was com- budget process be allowed to implode as it did Forest Service, for example, only 50 cents of pletely silent about important parts of the bill. this year. Never again should the House lead- every dollar collected actually goes toward For example, the statement of managers ership bring a bill to the floor that is drafted maintaining or improving our public lands, the omitted any mention of the fact that the bill in- behind closed doors by only a few Members purpose for which Congress originally des- cluded legislation for a full decade’s extension and staff. Never again should the House lead- ignated the fees. The rest is eaten up by ad- of the recreation-fee demonstration program— ership bring a bill to the floor with no time for ministrative and collection costs. Losing 50 legislation that I had opposed when it was Members to actually read what they will be percent of funds to overhead signals that this considered by the Resources Committee and voting on. is not an effective government program. In ad- that in my opinion should not have been a part Finally, while I am pleased we have the op- dition, the Forest Service doesn’t know if of any appropriations bill. portunity to belatedly remove the provision these taxes are helping to relieve the mainte- Finally, after as careful a review as possible from the omnibus that undermines taxpayer nance backlog, or even to what extent it has under the circumstances and after weighing privacy, I am disappointed that two other pro- a maintenance program. the decision carefully, I decided to vote for the visions I asked the House leadership to This body should be ashamed of the proc- omnibus bill despite the defects that I recog- schedule separate votes on will be allowed to ess under which this legislation was drafted nized and likelihood that there were others I remain in the bill without any further consider- and brought to the floor. The American people had not found. ation. These controversial provisions—one of deserve better from this Congress. I will stand by that vote. The decision was which will expand the number of immigrants Ms. WOOLSEY. Mr. Speaker, today we are mine and I recognize that I am accountable to allowed into the United States under H–1B removing language that allows Appropriations my constituents for it. But I object to the cir- visas, the other which imposes a recreation Committee members and their staff to look at cumstances under which that vote was cast— tax on citizens using public lands—should be citizen’s tax returns. This language was in a and my objections have only become stronger considered on their own merits rather than 3,500 page spending bill, which Members only in the time between that vote and the one that rolling them into a must-pass measure. had hours to review before voting. Privacy we will cast on the resolution to remedy one— With respect to the immigration provision, was at stake here and it is right to correct this but hardly all—of the omnibus bill’s flaws. under current law, businesses are limited to wrong. Mr. DEFAZIO. Mr. Speaker, I want to com- hiring no more than 65,000 workers annually But another provision in this bill also threat- ment on the extraordinary situation in which through the H–1B visa program. A provision in ens privacy. The privacy of women and their we find ourselves today. We’re debating a res- the omnibus will allow multinational corpora- conversations with their doctors. The Federal olution to belatedly strike a provision from the tions to make an end run around this cap to Refusal Clause language inserted in this bill fiscal year 2005 omnibus appropriations act hire up to 20,000 additional foreign workers for robs women of their right to access com- because there was a provision in the bill in- employment in the United States. prehensive health care. No matter how you

VerDate Aug 04 2004 00:48 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00008 Fmt 4636 Sfmt 9920 E:\CR\FM\A06DE7.037 H06PT1 December 6, 2004 CONGRESSIONAL RECORD — HOUSE H10905 look at it, this provision goes one step further Things like this should not be blamed on amendment,’’ which changed the INS interpre- by making it impossible for women to exercise one person. Multiple congressional staff, in tation of the law, so that refugees who are their reproductive choices and once again both parties and both houses of Congress, survivors of re-education camps can once subjects them to the wrath of the anti-choice had the opportunity to catch this and to fix it. again be accompanied by the unmarried sons movement. This was a misguided measure But when haste and weariness set in, the and daughters. that has dangerous implications for women’s error wasn’t caught until after the bill had been The latest extension of the McCain amend- reproductive health and for our health care filed with the House clerk. ment expired on September 20, 2001. Hence, system as a whole. If we were truly correcting Yes, this was a sad and embarrassing I introduced and Congress passed H.R. 1840 the bad policy inserted in this bill we would be event. But the problem was caught and it’s in the 107th Congress to reauthorize the removing this language as well. being fixed before that provision could ever McCain amendment through September 30, Mr. Speaker, our constituents want us to get become law. What would be sadder and more 2003. The original language did not apply to it right the first time around. Let’s not make a embarrassing is if we failed to learn lessons, children who were mistakenly rejected before mistake now that we have a second chance. to make sure that something like this never April 1, 1995, for reasons other than age. I urge my colleagues to support the removal of happens again. Even if new evidence surfaced that showed this anti-choice, anti-privacy language. Mr. TOM DAVIS of Virginia. Mr. Speaker, I someone rejected before 1995 was actually Mr. GREEN of Wisconsin. Mr. Speaker, I rise today with great delight to announce the the child of a refugee, families had no re- support this provision to strike the insertion in FY2005 omnibus appropriations package that course to challenge the decision. The original the omnibus appropriations bill, which allows is scheduled to be approved by Congress language also excluded refugee sons and Appropriations Committee Congressional staff today includes the text of legislation I au- daughters who were denied access to an INS to review individual tax returns. thored, H.R. 2792, that reauthorizes refugee interview by corrupt and/or vindictive Com- However, I strongly protest the insertion into eligibility for children of Vietnamese re-edu- munist officials who often serve as gate- the omnibus-spending bill of a provisions that cation camp survivors. keepers for the U.S. refugee program. My bill essentially eliminates the Federal Prison In- The Communist government of Vietnam, by fixed these problems. In addition, the legisla- dustries Program. This provision was inserted its actions in imprisoning Catholic priests, Bud- tion permitted unmarried children over the age into the 3,000-plus page spending bill without dhist monks, and ordinary citizens whose only of 21 to immigrate to the United States even the knowledge of most Members and without crime is to speak out for freedom and democ- if the surviving parent is currently living in the an opportunity for the House to remove or racy, is saying loudly and clearly and consist- United States. modify it. This provision was stricken from the ently to the United States: We want your in- Mr. Speaker, today I stand here before you House to remove or modify it. This provision vestment dollars, and we are willing to learn as this important provision has once again ex- was stricken from the House Transportation, from your economic system; but your values pired. Fortunately, with the help of Senator Treasury and Independent Agencies appro- of religious and political freedom are not wel- JOHN MCCAIN (R–AZ), the text of H.R. 2792, priations bill because it was found to violate come. which extends this provision until September House rules of legislating on an appropriations We need to do more to respond to this mes- 30, 2005, was added to the FY2005 omnibus bill. This provision should not have been in- sage of oppression with our own message of appropriations package that we are set to ap- serted into the omnibus bill when neither the freedom. Human rights need to be central to prove today. House nor Senate passed this measure. The our foreign policy toward Vietnam. One small H.R. 2792 is a fair and equitable bill that opponents of FPI are trying to achieve through step we can take is to save as many as pos- provides family reunification and allows us to the back door what they could not achieve in sible of the people who are still being per- keep our promise to the people who fought the normal legislative process. It is wrong and secuted by the Communist authorities be- alongside U.S. troops during the Vietnam war. certainly anti-democratic. cause of their wartime associations with the Their courage and valor must never be forgot- Mr. ISTOOK. Mr. Speaker, I support this United States or simply because they share ten. resolution. The mistake it corrects was actually I want to thank Senator MCCAIN for his lead- our values. caught before the appropriations bill left the ership and his staff for their assistance in Until April 1, 1995, former Vietnamese pris- House, and a commitment to correct it was passing the H.R. 2792 language. Furthermore, oners of war who were accepted for resettle- made before the House ever voted on that bill. I would like to thank the co sponsors of my bill ment by the United States as refugees could It wasn’t necessary for House Members to Representatives ZOE LOFGREN, CHRIS SMITH, bring their sons and daughters, even those return to Washington for this vote; the mistake JIM MORAN, and LORETTA SANCHEZ who have above the age of 21, so long as they had could have and would have been corrected al- given this issue their steadfast support. most 2 weeks ago under a unanimous con- never married and were members of the ref- Mr. BACA. Mr. Speaker, I respectfully re- sent request. That would have been simpler ugee parent’s household. On April 1, 1995, quest to be excused from the floor, on Mon- and better, and would have involved less polit- the Immigration and Naturalization Service day, December 6, 2004, on legislative and ical posturing than we’ve heard. (INS) changed its interpretation of the law, to personal business. I will be present on Tues- I’m satisfied it was an honest error, although exclude children who were over 21, even if day, and the balance of the week, and I will a significant one. Those who claim this is part they were unmarried and living with their par- be able to participate in the key votes that are of some sinister plot to snoop into tax returns ents. This change in policy forced a brutal expected during that time. are just wrong; they’re pushing one of those choice on ex-political prisoners: either decline The reason for my absence on Monday is ‘‘black helicopter’’ conspiracy theories. the opportunity to find freedom in the United that I have been invited—as a proud parent, Of course, we never should have had this States, or abandon their children in a country and Congressman from the Inland Empire—to problem. We can and should take these three that has persecuted them. attend the swearing in of my son, Joe Jr., as steps to avoid any recurrence: For South Vietnamese combat veterans and a member of the California State Assembly. (1) Get the other body to help us to move others who had suffered with their children This moment is very significant, because this the spending bills on-schedule, so we can long terms in re-education camps because of is the same seat I held when I represented the avoid the big omnibus bills that generate prob- their wartime associations with the United Inland Empire in the state Assembly. I am lems. States, this imposed a particularly harsh bur- sure you will join in my immense pride and joy (2) Avoid the late-session rush to get out-of- den. These children had already been without I have as a father, on this historic occasion— town, which also pushes decision-making into their fathers while they were in re-education one that reflects the continued ascendancy of the wee hours when people are weary, and camps, in some cases for 10 or 15 years. Hispanics into leadership ranks, as well as the more prone to make mistakes. Then the refugees were given a choice be- political coming of age of the next generation. (3) We should always be able to trace clear- tween living forever under a Communist dicta- I understand that, at present, leadership has ly the authorship of every provision in every torship or leaving their children behind when no plans to being up on Monday the 9/11 Im- bill. Every committee should enforce a require- they immigrated to the United States. These plementation Act, and Democrats are not ment that no congressional staffer should take children are marked as members of a whipping attendance for the suspension items it on themselves to insert any language—even ‘‘counterrevolutionary family’’ and denied edu- on Monday, but I remain in ongoing commu- supposedly minor language—that has not cational and employment opportunities by the nication with, and at the disposal of, the been cleared by the appropriate members of government of Vietnam. They would certainly Democratic leadership team, should the situa- the House. Certainly that violates the standing go on suffering in Vietnam because of their tion change. orders that I have always given to staff; I’ve family’s participation in the war. I also have been informed that he repeal of always directed that each and every provision Recognizing these realities, Congress on the Taxpayer Persecution Act will be under- must be brought to my personal attention. three occasions has adopted the ‘‘McCain taken through the suspension process this

VerDate Aug 04 2004 02:34 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00009 Fmt 4636 Sfmt 9920 E:\CR\FM\A06DE7.039 H06PT1 H10906 CONGRESSIONAL RECORD — HOUSE December 6, 2004 evening. Like you, I was disturbed that the Re- LIMITING TRANSFER OF CERTAIN curred during the last 2 years when ap- publicans gave their staff the power to scruti- COMMODITY CREDIT CORPORA- proximately $100 million per year was nize Americans’ tax returns, without safe- TION FUNDS being taken from the four donor pro- guard, and I was even more outraged that this Mr. GOODLATTE. Mr. Speaker, I grams. When the farm bill was written, provision ended up in a bill that no one had move to suspend the rules and pass the it was Congress’ intent that each con- read, hastily brought to a vote under martial Senate bill (S. 2856) to limit the trans- servation program would pay for its law rules. If I were present, I would vote to fer of certain Commodity Credit Cor- own technical assistance. I have been strip this provision out of the appropriations poration funds between conservation working with the Committee on the bill, by voting ‘‘yes’’ on H. Con. Res. 528. programs for technical assistance for Budget and the Committee on Appro- Mr. Speaker, I rise in support of H. Con. the programs. priations committees to ensure S. Res. 528 and to express my deep concern The Clerk read as follows: 2856’s passage will prevent funds from about this Congress undermining our democ- S. 2856 being diverted from the donor pro- racy. The taxpayer persecution language in Be it enacted by the Senate and House of Rep- grams. I have numerous groups sup- the appropriations omnibus was an abuse of resentatives of the United States of America in porting the bill, and I will include for Congressional power. This language would Congress assembled, the RECORD these letters. allow members of Congress and their staff to SECTION 1. TECHNICAL ASSISTANCE. HOUSE OF REPRESENTATIVES, read the tax records of any American and dis- (a) IN GENERAL.—Section 1241 of the Food Washington, DC, December 3, 2004. close the information. Security Act of 1985 (16 U.S.C. 3841) is amend- DEAR CONGRESSMAN: We write today to ask Unfortunately, this provision is just one more ed by striking subsection (b) and inserting for your support of S. 2856 on Monday, De- example of an abuse of power by the majority the following: cember 6, 2004. This bill, which has been party of this Congress. The process that the ‘‘(b) TECHNICAL ASSISTANCE.—Effective for adopted in the Senate, addresses a misunder- fiscal year 2005 and each subsequent fiscal standing that has existed between the U.S. Republican majority has resorted to is the rea- year, Commodity Credit Corporation funds Department of Agriculture and the Congress son that such outrageous provisions were ap- made available for each of the programs as to the source of funding for the technical proved. The Republican majority has used specified in paragraphs (1) through (7) of sub- assistance costs for certain Farm Bill con- martial law to speed through legislation with- section (a)— servation programs. out giving members the change to read it ‘‘(1) shall be available for the provision of S. 2856 ensures that the original intent of over. technical assistance for the programs for Congress will be used in the implementation Democracy suffers when members of Con- which funds are made available; and of these programs where each of them will be gress are given only a few short hours to read ‘‘(2) shall not be available for the provision expected to pay for their own technical as- of technical assistance for conservation pro- sistance from their own share of the total thousands of pages of law and it is the Amer- grams specified in subsection (a) other than funding made available to them. As passed ican citizen who must bear the burden of our the program for which the funds were made by the Farm Bill, these programs have a sig- actions. Democracy suffers when the minority available.’’. nificant backlog of requests from farmers is denied a seat at the table and the chance (b) EFFECTIVE DATE.—The amendment and ranchers for conservation assistance. to be a part of the process. It is not the Mem- made by subsection (a) takes effect on Octo- We wholeheartedly support S. 2856 because bers of Congress who lose out. The American ber 1, 2004. without it several of these conservation pro- citizens they are here to represent are the The SPEAKER pro tempore. Pursu- grams will be significantly hampered from ant to the rule, the gentleman from achieving their intended purpose—helping ones who lose out. farmers and ranchers improve and conserve The taxpayer persecution language is a Virginia (Mr. GOODLATTE) and the gen- soil, air and water quality and restore and frightening example of a Republican majority tleman from Texas (Mr. STENHOLM) improve wildlife habitat. We ask for your that is willing to oppress the minority, under- each will control 20 minutes. strong support of this measure when it mine democracy, and cast the shadows of Big The Chair recognizes the gentleman comes before the House on December 6, 2004. Brother. Rule by the majority of the majority is from Virginia (Mr. GOODLATTE). Sincerely, not a democracy. Mr. GOODLATTE. Mr. Speaker, I National Soybean Association. Mr. Speaker, I speak out in frustration of a yield myself such time as I may con- National Pork Producers Council. National Cattlemen’s Beef Association. Republican party run government that seems sume. National Association of Conservation Dis- to have little regard for the elected representa- Mr. Speaker, I rise in strong support tricts. tives of half of this country, and even less re- of S. 2856. Conservation was a signifi- National Association of Wheat Growers. gard for the American citizens they represent. cant part of the 2002 farm bill. Congress National Corn Growers Association. When our founding fathers created the United increased the conservation budget by National Cotton Council. nearly $2 billion per year, a 75 percent National Farmers Union. States Congress this was not what they had in National Milk Producers Federation. mind. increase. However, there is a current National Turkey Federation. We need to bridge together the widening di- shortfall in the Conservation Technical Southeast Dairy Farmers Association. visions in our country. We need to begin by Service Assistance budget at the Nat- Western United Dairymen. bringing comity and bipartisanship back to this ural Resources Conservation Service. chamber, and in so—to the Nation. We must This shortfall represents the costs nec- DECEMBER 6, 2004. not allow our legislative process to fail us essary to administer the Conservation DEAR REPRESENTATIVE: We strongly urge Reserve and Wetlands Reserve pro- that you enact S. 2856 to ensure that USDA again. stops the practice of diverting funds from Mr. YOUNG of Florida. Mr. Speaker, grams. the dollar-limited, working lands conserva- I yield back the balance of my time. So far, those costs have been taken tion programs to pay for technical assistance The SPEAKER pro tempore (Mr. directly out of the pockets of farmers costs associated with land requirement pro- SIMPSON). The question is on the mo- and ranchers, and, if you permit me, grams. tion offered by the gentleman from the environment, when fewer conserva- Since enactment of the 2002 Farm Bill, Florida (Mr. YOUNG) that the House tion benefits are provided by the Envi- USDA has diverted more than $200 million suspend the rules and concur in the ronmental Quality Incentives Program from EQIP, the Farmland and Ranchland Senate amendment to H. Con. Res. 528. and the other so-called donor pro- Protection Program (FRPP), the Grasslands Reserve Program, and the Wildlife Habitat The question was taken. grams. In other words, the NRCS takes Incentives Program (WHIP) to pay for tech- The SPEAKER pro tempore. In the money from EQIP and farmland protec- nical assistance for the Conservation Re- opinion of the Chair, two-thirds of tion so that CRP and the Conservation serve Program (CRP) and the Wetlands Re- those present have voted in the affirm- Reserve Enhancement Program and serve Program (WRP). Unless this problem is ative. WRP can be administered. fixed, farmers and ranchers seeking to im- Mr. OBEY. Mr. Speaker, on that I de- The USDA has also been using the prove water and air quality and enhance mand the yeas and nays. Wildlife Habitat Incentives Program, wildlife habitat stand to lose approximately The yeas and nays were ordered. or WHIP, the Farmland Protection $100 million in FY05 and nearly $300 million The SPEAKER pro tempore. Pursu- in FY06 and FY07. Program, FPP, and the Grasslands Re- S. 2856 protects funding for all USDA con- ant to clause 8 of rule XX and the serve Program as donor programs for servation programs. S. 2856 ensures that Chair’s prior announcement, further CRP and WRP. funding for CRP and WRP technical assist- proceedings on this motion will be S. 2856 will help alleviate some of the ance flows directly from the Commodity postponed. implementation problems that have oc- Credit Corporation, not from working lands

VerDate Aug 04 2004 02:34 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00010 Fmt 4636 Sfmt 0634 E:\CR\FM\A06DE7.043 H06PT1 December 6, 2004 CONGRESSIONAL RECORD — HOUSE H10907 conservation programs. S. 2856 passed the thank the gentleman from Virginia to pay for technical assistance. Under Senate by Unanimous Consent on October 11, (Chairman GOODLATTE) and the gen- their interpretation, the CRP and WRP 2004, and the House-passed FY05 Congres- tleman from Oklahoma (Chairman programs would not have had enough sional Budget Resolution specifically pro- LUCAS) for working with the leadership money to do sign-ups. vides for the passage of the same legislation by the House. It is critical that S. 2856 is to schedule consideration of this bill The 2003 omnibus appropriation bill passed by the 108th Congress or scarce con- today. This is an issue that has needed added a short-term, stopgap measure servation funds will once again be lost in attention for some time, and I am that would allow funds from EQIP, FY05 and subsequent years. pleased we are finally addressing it. WHIP, Farmland Protection and GRP S. 2856 restores the original intent of the The conservation title of the 2002 programs to be donated to fund CRP 2002 Farm Bill. The Farm Bill clearly in- farm bill made a major investment of and WRP sign-ups. Approximately $100 tended USDA to use mandatory funds from new funding in a variety of existing million per year has been diverted from the Commodity Credit Corporation (CCC) to and new conservation programs. I was these programs to fund CRP and WRP. pay for CRP and WRP technical assistance. The plain language of the statute and legis- proud to have played a role in that ef- This was not a long-term, sustainable lative history support this interpretation of fort to help our farmers and ranchers solution, so we began working with the the Farm Bill, and the General Accounting conserve and enhance the natural re- budget committees to find a solution. Office concurred in an October 8, 2002, opin- sources under their control. The CRP program will have nearly 20 ion. Unfortunately, a handful of government Many of us, as well as producers out million of its 39.2 million acres eligible lawyers misinterpreted the 2002 Farm Bill, in the field, were frustrated by the ac- for new contracts in the next 5 years. forcing USDA to divert funds from EQIP and tions taken by USDA to try and ad- For the next 4 years, EQIP, WHIP, other working lands programs or shut down dress how to provide technical assist- Farmland Protection and GRP could CRP and WRP. We strongly urge you to support passage of ance for the Conservation Reserve and lose nearly $406 million to CRP and S. 2856 to ensure that funding for technical Wetland Reserve programs. Borrowing WRP implementation sign-ups. assistance for all Farm Bill conservation from some programs to pay for the programs, including CRP and WRP, comes technical assistance to carry out WRP b 1500 directly from the CCC, as intended by the and CRP was not a good solution. It Mr. Speaker, S. 2856 was provided for 2002 Farm Bill. was a solution forced upon them by in the House budget and is a fair solu- Sincerely, OMB after dueling interpretations by tion for the entire conservation com- American Farmland Trust. this administration based on language munity. This bill will ensure that pro- Chesapeake Bay Foundation. Defenders of Wildlife. included in the 2002 farm bill. We never ducers can voluntarily keep America’s Environmental Defense. intended such draconian measures, air and water clean and provide better National Wildlife Federation. which required them to rob Peter to habitat for its wildlife. National Campaign for Sustainable Agri- pay Paul. This bill corrects and guides I would certainly be remiss if I did culture. the administration on the implementa- not thank the leadership staff for Natural Resources Defense Council. tion of these vital conservation pro- working with us and the chairman and Sustainable Agriculture Coalition. grams after several attempts made by the ranking member for their full ef- Union of Concerned Scientists. Congress to fix this problem. forts. As you can see from the letters, S. There is currently a $3.4 billion back- Mr. Speaker, I would like to add to 2856 receives extremely broad and deep log of applications in the various con- the RECORD letters from 44 different support. Groups from varied interests servation programs that have not been groups supporting this measure, from such as the National Cattleman’s Beef funded, despite the infusion of new farm producer groups to environmental Association and Environmental De- money from the 2002 farm bill. Passage groups to sportsman groups. fense are all strident supporters of S. of this legislation will be a small but HOUSE OF REPRESENTATIVES, 2856. These organizations, along with important step in helping to address Washington, DC, December 6, 2004. nearly 25 others, representing pro- that backlog. It will also provide for DEAR CONGRESSMAN: We write today to ask ducers and environmental interests, some certainty for those landowners for your support of S. 2856, which may be on encourage passage of S. 2856. who are signing up for the CRP and the House Calendar today, Monday, Decem- I would like to thank the gentleman WRP programs and allow us to fulfill ber 6, 2004. This bill, which has been adopted in the Senate, addresses a misunderstanding from Iowa (Chairman NUSSLE) and the our commitments made in the 2002 gentleman from Texas (Chairman that has existed between the U.S. Depart- farm bill to conservation. ment of Agriculture and the Congress as to BONILLA) and their staff for their as- I urge my colleagues to support this the source of funding for the technical as- sistance. I would like to thank the legislation. sistance costs for certain Farm Bill con- ranking member, the gentleman from Mr. Speaker, I reserve the balance of servation programs. Texas (Mr. STENHOLM), for his support my time. S. 2856 ensures that the original intent of of this effort. But I cannot stress Mr. GOODLATTE. Mr. Speaker, it is Congress will be used in the implementation enough how much I want to thank our my pleasure to yield such time as he of these programs where each of them will be subcommittee chairman, the gen- may consume to the gentleman from expected to pay for their own technical as- sistance from their own share of the total tleman from Oklahoma (Chairman Oklahoma (Mr. LUCAS) the chairman of funding made available to them. As passed LUCAS), who has worked on this issue the Subcommittee on Conservation, by the Farm Bill, these programs have a sig- for years to try to get a correction, and Credit, Rural Development and Re- nificant backlog of request from farmers and I think that this goes a long way in search of the Committee on Agri- ranchers for conservation assistance. helping what needs to be done get done culture, who has been a real leader in We wholeheartedly support S. 2856 because here. fighting for fairness in these conserva- without it several of these conservation pro- I also cannot stress enough how im- tion programs. grams will be significantly hampered from portant these programs are or how im- Mr. LUCAS. Mr. Speaker, I rise in achieving their intended purpose—helping portant it is that producers have access strong support of S. 2865. I, along with farmers and ranchers improve and conserve soil, air and water quality and restore and to programs to keep the soil and air my ranking member on the Sub- improve wildlife habitat. We ask for your clean and to improve and restore wild- committee on Conservation, Credit, strong support of this measure when it life habitat. Rural Development and Research, have comes before the House on December 6, 2004. I urge my colleagues to support S. worked tirelessly as an advocate of vol- Sincerely, 2856 to ensure voluntary conservation untary agricultural programs since be- American Farm Bureau Federation. programs are allowed to work effi- coming chairman of the subcommittee. American Soybean Association. ciently and effectively. The 2002 farm bill provided that each National Pork Producers Council. Mr. Speaker, I reserve the balance of conservation program was supposed to National Cattlemen’s Beef Association. my time. pay for its own technical assistance National Association of Conservation Dis- tricts. Mr. STENHOLM. Mr. Speaker, I yield costs out of the funds provided for it. National Association of Wheat Growers. myself such time as I may consume. During the implementation of the farm National Chicken Council. Mr. Speaker, I rise in support of S. bill, the USDA lawyers, in my opinion, National Corn Growers Association. 2856 and support its passage. I want to misinterpreted how Congress intended National Cotton Council.

VerDate Aug 04 2004 02:34 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00011 Fmt 4636 Sfmt 0634 E:\CR\FM\A06DE7.015 H06PT1 H10908 CONGRESSIONAL RECORD — HOUSE December 6, 2004 National Farmers Union. definitive source of funds. In a strong show Office concurred in an October 8, 2002, opin- National Milk Producers Federation. of support, a majority of the Senate agreed ion. Unfortunately, a handful of government National Turkey Federation. that the amendment equated to abandoning lawyers misinterpreted the 2002 Farm Bill, Southeast Dairy Farmers Association. one of the most successful conservation pro- forcing USDA to divert funds from EQIP and United Chicken Council. grams in the United States. other working lands programs or shut down United Egg Producers. We respectfully request you to support ef- CRP and WRP. USA Rice Federation. forts during your deliberations to include We strongly urge you to support passage of U.S. Rice Producers Association. the FY 2005 Agriculture Appropriations bill a S. 2856 to ensure that funding for technical Western United Dairymen. permanent fix for this problem that ensures assistance for all Farm Bill conservation that technical assistance for all conservation programs, including CRP and WRP, comes DECEMBER 6, 2004. programs is provided directly from the CCC. directly from the CCC, as intended by the Hon. DENNIS HASTERT, Additionally, we encourage you to work to 2002 Farm Bill. Speaker, Office of the Speaker, Capitol Build- protect acres authorized for CRP and WRP in Sincerely, ing, Washington, DC. the 2002 Farm Bill. If you or your staff has American Farmland Trust. Hon. TOM DELAY, questions about this issue, please call Barton Cheaspeake Bay Foundation. Majority Leader, Capitol Building, Washington, James (Ducks Unlimited) at 202–347–1530. Defenders of Wildlife. DC. Thank you for considering our view of the Environmental Defense. DEAR SPEAKER HASTERT AND MAJORITY importance of Farm Bill conservation pro- National Wildlife Federation. LEADER DELAY: As the House reconvenes grams and the need to secure the necessary National Campaign for Sustainable Agri- this week with the appropriations for FY technical assistance funding without severe culture. 2005, the conservation and sportsmen’s orga- impacts to the resource benefits achieved on Natural Resources Defense Council. nizations listed above, which represent a di- the ground. Sustainable Agriculture Coalition. verse spectrum of interests with a combined Union of Concerned Scientists. membership of millions, stand together urg- Archery Trade Association. ing you and your Congressional colleagues to Bowhunting Preservation Alliance. Mr. STENHOLM. Mr. Speaker, I yield support S. 2856. Your support of this bill Congressional Sportsmen’s Foundation. such time as he may consume to the would mean the technical assistance funding Ducks Unlimited. gentleman from Pennsylvania (Mr. International Association of Fish and needs of all the conservation programs would HOLDEN), the ranking member of the be met, including the Conservation Reserve Wildlife Agencies. International Hunter Education Associa- Subcommittee on Conservation. Program (CRP) and the Wetlands Reserve Mr. HOLDEN. Mr. Speaker, I thank Program (WRP), without reducing the acres tion. authorized for those very popular programs Izaak Walton League of America. the gentleman for yielding me this and without diverting funds from other Orion—The Hunter’s Institute. time. Farm Bill conservation programs. Pheasants Forever. I congratulate and thank the gen- The enactment of the 2002 Farm Bill re- Rocky Mountain Elk Foundation. tleman from Virginia (Chairman GOOD- sulted in conflicting interpretations of the Safari Club International. LATTE) and our subcommittee chair- Conservation Title’s funding for technical Texas Wildlife Association. man, the gentleman from Oklahoma assistance, and resulted in leaving all the Theodore Roosevelt Conservation Partner- ship. (Mr. LUCAS), for his hard work on this conservation programs in danger. A decision legislation. I would like to take a mo- was made to use funds of four conservation Whitetails Unlimited, Inc. programs as donors for delivery of WRP and Wildlife Forever. ment to congratulate and thank the CRP in FY 2003 and FY 2004. This was the Wildlife Management Institute. ranking member of the committee, the combined result of the limitation on the use The Wildlife Society. gentleman from Texas (Mr. STENHOLM), of Commodity Credit Corporation (CCC) on an outstanding congressional ca- funds under the ‘‘Section 11 Cap’’ and the de- DECEMBER 6, 2004. reer. As we all know, the gentleman cision by Congress in the FY 2003 omnibus DEAR REPRESENTATIVE: We strongly urge from Texas (Mr. STENHOLM) will be appropriations bill to prohibit the Natural that you enact S. 2856 to ensure that USDA leaving us and not serving in the next stops the practice of diverting funds from Resources Conservation Services (NRCS) Congress. But I just want to say to the from using discretionary Conservation Oper- the dollar-limited, working lands conserva- ations account funds to pay for Farm Bill tion programs to pay for technical assistance gentleman that not only is the Com- program technical assistance. costs associated with land retirement pro- mittee on Agriculture going to miss his Unfortunately, this decision resulted in a grams. leadership; the entire agriculture com- net loss of funding to all conservation pro- Since enactment of the 2002 Farm Bill, munity across the country is going to grams. We believe any proposal to fund CRP USDA has diverted more than $200 million miss his guidance and his input. On a and WRP technical assistance through a re- from EQIP, the Farmland and Ranchland personal note I am truly going to miss duction in the number of program acres fails Protection Program (FRPP), the Grasslands his leadership, and I thank him for all Reserve Program, and the Wildlife Habitat to recognize the tremendous public benefits of the help that he has given to me per- to soil, water quality and wildlife habitat Incentives Program (WHIP) to pay for tech- provided by the acres enrolled in these two nical assistance for the Conservation Re- sonally over the years. programs as well as the tremendous producer serve Program (CRP) and the Wetlands Re- Mr. Speaker, I rise today in strong demand for these programs. The 2002 Farm serve Program (WRP). Unless this problem is support of S. 2856, which will fix a prob- Bill clearly intended USDA to use manda- fixed, farmers and ranchers seeking to im- lem with technical assistance funding tory funds from the CCC to pay for technical prove water and air quality and enhance for agriculture conservation programs. assistance for all programs. The plain lan- wildlife habitat stand to lose approximately Our intent was to allow for farm bill guage of the statute and legislative history $100 million in FY05 and nearly $300 million programs to pay for themselves. How- in FY06 and FY07. support this interpretation of the Farm Bill ever, due to different interpretations of funding provision, as well as the legal opin- S. 2856 protects funding for all USDA con- ion issued by the General Accounting Office servation programs. S. 2856 ensures that the law and congressional rewriting, in October 2002. funding for CRP and WRP technical assist- we are now in a situation in which If Congress fails to solve this problem, ance flows directly from the Commodity major programs are paying for others. farmers and the environment stand to lose. Credit Corporation, not from working lands There is a huge problem with donor Despite the increase in conservation funding conservation programs. S. 2856 passed the programs such as the Farm and Ranch- provided by the 2002 Farm Bill, most farmers Senate by Unanimous Consent on October 11, land Protection Program, Wildlife and ranchers offering to restore wetlands or 2004, and the House-passed FY05 Congres- Habitat Incentives Program, Grassland grasslands, retire marginal farmland, or to sional Budget Resolution specifically pro- simply change their farming practice to im- vides for the passage of the same legislation Reserve Program, and the Environ- prove water and air quality are still rejected by the House. It is critical that S. 2856 is mental Quality Incentive Program, when they seek financial and technical as- passed by the 108th Congress or scarce con- providing technical assistance funding sistance through voluntary USDA conserva- servation funds will once again be lost in for the Conservation Reserve Program tion programs. FY05 and subsequent years. and Wetlands Reserve Program. There is strong, bi-partisan, nationwide S. 2856 restores the original intent of the These donations continue to inhibit support for CRP and WRP, evidenced by last 2002 Farm Bill. The Farm Bill clearly in- the implementation of these effective year’s defeat of a Senate amendment that tended USDA to sue mandatory funds from programs in the way that Congress in- would have effectively shut down technical the Commodity Credit Corporation (CCC) to assistance funding the CRP. There was wide- pay for CRP and WRP technical assistance. tended. We must make sure that imple- spread opposition to the amendment because The plain language of the statute and legis- mentation reflects intent. It was never it did not provide a holistic solution to the lative history support this interpretation of our plan to have key conservation pro- technical assistance problem, and lacked a the Farm Bill, and the General Accounting grams act as donors for others. We

VerDate Aug 04 2004 02:34 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00012 Fmt 4636 Sfmt 0634 E:\CR\FM\A06DE7.016 H06PT1 December 6, 2004 CONGRESSIONAL RECORD — HOUSE H10909 need to correct this problem, and that appreciate the kind words that have ernment lawyers misinterpreted the 2002 Farm is exactly what S. 2856 will do. been said, and we will miss this place. Bill and forced USDA to divert working lands In fiscal year 2003, there were signifi- Mr. Speaker, we will miss you. You do funds. cant contributions being made by an excellent job of conducting House Despite the funds provided by the 2002 EQIP, Farmland Protection, WHIP, and business. Every time you handle the Farm Bill, most farmers and ranchers offering the GRP to the Conservation Reserve gavel, you do it in a way that is very to restore wetlands and grasslands or offering Program and Wetlands Reserve Pro- fair and very professionally done. to change the way they farm to improve air gram. EQIP donated $57.6 million, Mr. Chairman, it has been a pleasure and water quality are still rejected when they Farmland Protection donated $18 mil- serving with you, the gentleman from seek USDA conservation assistance. For ex- lion, WHIP gave $5.6 million, and Virginia (Mr. GOODLATTE). I would be ample, farmers and ranchers face $3 billion Grasslands Reserve gave $9.5 million. less than honest to not say that I backlog when they seek financial assistance In my home State of Pennsylvania, would much rather have had the titles through the Environmental Quality Incentives these conservation programs are ex- reversed, but that was not to be. And Program to improve water quality or wildlife tremely important. were it not to be, then I appreciate the habitat. These long lines only grow longer In fiscal year 2003, Pennsylvania re- fact that the gentleman from Virginia when funds are diverted. ceived $8.4 million to fund 293 contracts (Mr. GOODLATTE) has maintained the By providing new funds for working lands throughout the EQIP program. There same bipartisan, nonpartisan activities programs like EQIP and WHIP in the 2002 were actually 1,238 unfunded contracts on his part that has made the House Farm Bill, Congress provided needed re- totaling $35.4 million. In 2004, Pennsyl- Committee on Agriculture one of the sources to help farmers manage working vania received $11.9 million, a signifi- few committees of this body that still lands to produce food and fiber and simulta- cant increase, but not enough to fund works in the way in which I think our neously enhance water quality and wildlife all of the contracts that are on hold. forefathers intended that it work: full habitat. For example, EQIP helps share the The problem is the same for Farm- consultation. cost of a broad range of land management land Protection, which is critical to Listening to some of the previous practices that help the environment, including Pennsylvania. In 2003, Pennsylvania re- comments about staff and what have more efficient use of fertilizers and pesticides, ceived $4.9 million to protect 6,266 you, I can honestly say that we have and innovative technologies to store and reuse acres. In 2004, the State received less, never had that problem on the House animal waste. approximately $4 million for the pro- Committee on Agriculture, to the best gram. of my knowledge. Our staffs, both com- Lastly, because 70 percent of the American Allowing vital programs such as mittee and subcommittee, have always landscape is private land, farming dramatically EQIP and Farm and Ranchland Protec- worked together in a way in which we affects the health of America’s rivers, lakes tion to be donors for other conserva- put forward the quality work that I be- and bays and the fate of America’s rare spe- tion programs only makes the funding lieve this committee has put forward cies. Most rare species depend upon private backlog worse. to this House in the 26 years that I lands for the survival, and many will become Therefore, I urge my colleagues to have had the privilege of serving here. extinct without help from private landowners. support S. 2856 and implement tech- I want to thank my staff, those who When farmers and ranchers take steps to help nical assistance funding for agriculture are with me on the floor, and those improve air and water quality or assist rare conservation programs the way in who are not, who have worked and species, they can face new costs, new risks, which Congress intended. served with me, some of them my en- or loss of income. Conservation programs help Mr. GOODLATTE. Mr. Speaker, I tire 26 years. We cannot do without share these costs, underwrite these risks, or yield myself such time as I may con- staff. Many times they get the blame offset losses of income. sume. for things that go wrong, and we get Mr. Speaker, this is an important bill to Mr. Speaker, I want to thank the the credit for things that go right. But America’s hardworking farmers and ranchers gentleman from Pennsylvania (Mr. day in and day out, this body cannot and I urge my colleague’s support. HOLDEN) for his contribution, as well, operate without the professional staff, Mr. STENHOLM. I have no further to this effort, and also more especially and I want to thank my staff and requests for time and, Mr. Speaker, I thank him for the kind words he has thank the majority staff. Because I yield back the balance of my time. extended to our colleague, the gen- truly, truly mean it when I say what I Mr. GOODLATTE. Mr. Speaker, I tleman from Texas (Mr. STENHOLM), already said a moment ago about the urge my colleagues to support S. 2856, who has served this Congress with dis- manner in which the House Committee and I yield back the balance of my tinction for 26 years, the last 8 of on Agriculture has worked. time. which as the ranking member of the Mr. KIND. Mr. Speaker, I rise today in The SPEAKER pro tempore (Mr. Committee on Agriculture. He is strong support of S. 2856. This important leg- SIMPSON). The question is on the mo- known across the country as somebody islation clarifies Congress’s intent in the last tion offered by the gentleman from who has helped American agriculture. Farm bill—that administrative costs needed to Virginia (Mr. GOODLATTE) that the He worked with my predecessor, our implement voluntary conservation programs House suspend the rules and pass the colleague Congressman Combest, his should flow from the Commodity Credit Cor- Senate bill, S. 2856. neighbor, former neighbor in Texas, to poration and not from the working lands pro- The question was taken; and (two- write the last farm bill which has been grams themselves. It is crucial that we pass thirds having voted in favor thereof) a noteworthy success in the first al- this bill today otherwise scarce conservation the rules were suspended and the Sen- most 4 years now of its implementa- funds will once again be lost. tion. He is somebody that I will miss as Mr. Speaker, USDA has diverted more than ate bill was passed. my partner in working with American $200 million from four working lands conserva- A motion to reconsider was laid on agriculture, and I thank him and com- tion programs. Specifically, USDA diverted the table. mend him for more than a quarter cen- precious funds from the Environmental Quality tury of service to the people of this Incentives Program (EQIP), the Farmland and f country. Ranchland Protection Program (FRPP), the Mr. Speaker, I reserve the balance of Grasslands Reserve Program, and the Wildlife GENERAL LEAVE my time. Habitat Incentives Program (WHIP) to pay for Mr. STENHOLM. Mr. Speaker, I yield administrative costs. Mr. GOODLATTE. Mr. Speaker, I ask myself such time as I may consume. The 2002 Farm Bill clearly intended USDA unanimous consent that all Members I thank my colleague, the gentleman to use mandatory funds from the Commodity may have 5 legislative days within from Pennsylvania (Mr. HOLDEN), and I Credit Corporation to pay for the administra- which to revise and extend their re- thank my chairman for the kind words. tive costs of two land retirement programs. marks on the bill just considered. I do believe this is the last time that I The plain language of the statute and legisla- The SPEAKER pro tempore. Is there will occupy this mike. I thought it was tive history, including a critical colloquy, sup- objection to the request of the gen- so a few weeks ago, but it was not; we port this interpretation of the Farm Bill, and tleman from Virginia? had one more shot. But I do very much GAO concurred in a recent memo. But, gov- There was no objection.

VerDate Aug 04 2004 00:48 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00013 Fmt 4636 Sfmt 0634 E:\CR\FM\K06DE7.022 H06PT1 H10910 CONGRESSIONAL RECORD — HOUSE December 6, 2004 FEDERAL EMPLOYEE DENTAL AND dividual may obtain dental coverage to sup- eral Claims, of any action described in sec- VISION BENEFITS ENHANCE- plement coverage available through chapter tion 10(a)(1) of such Act relative to such a MENT ACT OF 2004 89. dispute. ‘‘(b) The Office shall determine, in the ex- ‘‘(e) Nothing in this section shall be con- Mr. TOM DAVIS of Virginia. Mr. ercise of its reasonable discretion, the finan- sidered to grant authority for the Office or Speaker, I move to suspend the rules cial requirements for qualified companies to third-party reviewer to change the terms of and pass the Senate bill (S. 2657) to participate in the program. any contract under this chapter. amend part III of title 5, United States ‘‘(c) Nothing in this chapter shall be con- ‘‘(f) Contracts under this chapter shall be Code, to provide for the establishment strued to prohibit the availability of dental for a uniform term of 7 years and may not be renewed automatically. of programs under which supplemental benefits provided by health benefits plans under chapter 89. dental and vision benefits are made ‘‘§ 8954. Benefits available to Federal employees, retir- ‘‘§ 8953. Contracting authority ‘‘(a) The Office may prescribe reasonable ‘‘(a)(1) The Office shall contract with a rea- minimum standards for enhanced dental ben- ees, and their dependents, to expand efits plans offered under this chapter and for the contracting authority of the Office sonable number of qualified companies for a policy or policies of benefits described under qualified companies offering the plans. of Personnel Management, and for section 8954 without regard to section 5 of ‘‘(b) Each contract may include more than other purposes. title 41 or any other statute requiring com- 1 level of benefits that shall be made avail- The Clerk read as follows: petitive bidding. An employee organization able to all eligible individuals. S. 2657 may contract with a qualified company for ‘‘(c) The benefits to be provided under en- hanced dental benefits plans under this chap- Be it enacted by the Senate and House of Rep- the purpose of participating with that quali- ter may be of the following types: resentatives of the United States of America in fied company in any contract between the ‘‘(1) Diagnostic. Congress assembled, Office and that qualified company. ‘‘(2) The Office shall ensure that each re- ‘‘(2) Preventive. SECTION 1. SHORT TITLE. ‘‘(3) Emergency care. This Act may be cited as the ‘‘Federal Em- sulting contract is awarded on the basis of ‘‘(4) Restorative. ployee Dental and Vision Benefits Enhance- contractor qualifications, price, and reason- ‘‘(5) Oral and maxillofacial surgery. ment Act of 2004’’. able competition. ‘‘(b) Each contract under this section shall ‘‘(6) Endodontics. SEC. 2. ENHANCED DENTAL BENEFITS FOR FED- ‘‘(7) Periodontics. ERAL EMPLOYEES. contain— ‘‘(8) Prosthodontics. (a) IN GENERAL.—Subpart G of part III of ‘‘(1) the requirements under section 8902(d), ‘‘(9) Orthodontics. title 5, United States Code, is amended by in- (f), and (i) made applicable to contracts ‘‘(d) A contract approved under this chap- serting after chapter 89 the following: under this section by regulations prescribed ter shall require the qualified company to by the Office; ‘‘CHAPTER 89A—ENHANCED DENTAL cover the geographic service delivery area ‘‘(2) the terms of the enrollment period; BENEFITS specified by the Office. The Office shall re- and ‘‘Sec. quire qualified companies to include dentally ‘‘(3) such other terms and conditions as ‘‘8951. Definitions. underserved areas in their service delivery may be mutually agreed to by the Office and ‘‘8952. Availability of dental benefits. areas. the qualified company involved, consistent ‘‘8953. Contracting authority. ‘‘(e) If an individual has dental coverage ‘‘8954. Benefits. with the requirements of this chapter and under a health benefits plan under chapter 89 ‘‘8955. Information to individuals eligible to regulations prescribed by the Office. and also has coverage under a plan under enroll. ‘‘(c) Nothing in this chapter shall, in the this chapter, the health benefits plan under ‘‘8956. Election of coverage. case of an individual electing dental supple- chapter 89 shall be the first payor of any ben- ‘‘8957. Coverage of restored survivor or dis- mental benefit coverage under this chapter efit payments. ability annuitants. after the expiration of such individual’s first ‘‘8958. Premiums. opportunity to enroll, preclude the applica- ‘‘§ 8955. Information to individuals eligible to ‘‘8959. Preemption. tion of waiting periods more stringent than enroll ‘‘8960. Studies, reports, and audits. ‘‘(a) The qualified companies at the direc- ‘‘8961. Jurisdiction of courts. those that would have applied if that oppor- tion and with the approval of the Office, ‘‘8962. Administrative functions. tunity had not yet expired. ‘‘(d)(1) Each contract under this chapter shall make available to each individual eligi- ‘‘§ 8951. Definitions shall require the qualified company to ble to enroll in a dental benefits plan infor- ‘‘In this chapter: agree— mation on services and benefits (including ‘‘(1) The term ‘employee’ means an em- ‘‘(A) to provide payments or benefits to an maximums, limitations, and exclusions), ployee defined under section 8901(1). eligible individual if such individual is enti- that the Office considers necessary to enable ‘‘(2) The terms ‘annuitant’, ‘member of tled thereto under the terms of the contract; the individual to make an informed decision family’, and ‘dependent’ have the meanings and about electing coverage. as such terms are defined under paragraphs ‘‘(B) with respect to disputes regarding ‘‘(b) The Office shall make available to (3), (5), and (9), respectively, of section 8901. claims for payments or benefits under the each individual eligible to enroll in a dental ‘‘(3) The term ‘eligible individual’ refers to terms of the contract— benefits plan, information on services and an individual described in paragraph (1) or ‘‘(i) to establish internal procedures de- benefits provided by qualified companies par- (2), without regard to whether the individual signed to expeditiously resolve such dis- ticipating under chapter 89. is enrolled in a health benefits plan under putes; and ‘‘§ 8956. Election of coverage chapter 89. ‘‘(ii) to establish, for disputes not resolved ‘‘(a) An eligible individual may enroll in a ‘‘(4) The term ‘Office’ means the Office of through procedures under clause (i), proce- dental benefits plan for self-only, self plus Personnel Management. dures for 1 or more alternative means of dis- one, or for self and family. If an eligible indi- ‘‘(5) The term ‘qualified company’ means a pute resolution involving independent third- vidual has a spouse who is also eligible to en- company (or consortium of companies or an party review under appropriate cir- roll, either spouse, but not both, may enroll employee organization defined under section cumstances by entities mutually acceptable for self plus one or self and family. An indi- 8901(8)) that offers indemnity, preferred pro- to the Office and the qualified company. vidual may not be enrolled both as an em- vider organization, health maintenance or- ‘‘(2) A determination by a qualified com- ployee, annuitant, or other individual eligi- ganization, or discount dental programs and pany as to whether or not a particular indi- ble to enroll and as a member of the family. if required is licensed to issue applicable cov- vidual is eligible to obtain coverage under ‘‘(b) The Office shall prescribe regulations erage in any number of States, taking any this chapter shall be subject to review only under which— subsidiaries of such a company into account to the extent and in the manner provided in ‘‘(1) an eligible individual may enroll in a (and, in the case of a consortium, consid- the applicable contract. dental benefits plan; and ering the member companies and any sub- ‘‘(3) For purposes of applying the Contract ‘‘(2) an enrolled individual may change the sidiaries thereof, collectively). Disputes Act of 1978 to disputes arising under self-only, self plus one, or self and family ‘‘(6) The term ‘employee organization’ this chapter between a qualified company coverage of that individual. means an association or other organization and the Office— ‘‘(c)(1) Regulations under subsection (b) of employees which is national in scope, or ‘‘(A) the agency board having jurisdiction shall permit an eligible individual to cancel in which membership is open to all employ- to decide an appeal relative to such a dispute or transfer the enrollment of that individual ees of a Government agency who are eligible shall be such board of contract appeals as to another dental benefits plan— to enroll in a health benefits plan under the Director of the Office of Personnel Man- ‘‘(A) before the start of any contract term chapter 89. agement shall specify in writing (after ap- in which there is a change in rates charged ‘‘(7) The term ‘State’ includes the District propriate arrangements, as described in sec- or benefits provided, in which a new plan is of Columbia. tion 8(c) of such Act); and offered, or in which an existing plan is termi- ‘‘§ 8952. Availability of dental benefits ‘‘(B) the district courts of the United nated; or ‘‘(a) The Office shall establish and admin- States shall have original jurisdiction, con- ‘‘(B) during other times and under other ister a program through which an eligible in- current with the United States Court of Fed- circumstances specified by the Office.

VerDate Aug 04 2004 00:48 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00014 Fmt 4636 Sfmt 0634 E:\CR\FM\K06DE7.024 H06PT1 December 6, 2004 CONGRESSIONAL RECORD — HOUSE H10911 ‘‘(2) A transfer under paragraph (1) shall be shall cooperate with the Government Ac- ‘‘(7) The term ‘State’ includes the District subject to waiting periods provided under a countability Office to provide periodic eval- of Columbia. new plan. uations of the program. ‘‘§ 8982. Availability of vision benefits ‘‘§ 8957. Coverage of restored survivor or dis- ‘‘§ 8961. Jurisdiction of courts ‘‘(a) The Office shall establish and admin- ability annuitants ‘‘The district courts of the United States ister a program through which an eligible in- ‘‘A surviving spouse, disability annuitant, have original jurisdiction, concurrent with dividual may obtain vision coverage to sup- or surviving child whose annuity is termi- the United States Court of Federal Claims, plement coverage available through chapter nated and is later restored, may continue en- of a civil action or claim against the United 89. rollment in a dental benefits plan subject to States under this chapter after such admin- ‘‘(b) The Office shall determine, in the ex- the terms and conditions prescribed in regu- istrative remedies as required under section ercise of its reasonable discretion, the finan- lations issued by the Office. 8953(d) have been exhausted, but only to the cial requirements for qualified companies to ‘‘§ 8958. Premiums extent judicial review is not precluded by participate in the program. any dispute resolution or other remedy ‘‘(a) Each eligible individual obtaining sup- ‘‘(c) Nothing in this chapter shall be con- under this chapter. plemental dental coverage under this chap- strued to prohibit the availability of vision ter shall be responsible for 100 percent of the ‘‘§ 8962. Administrative functions benefits provided by health benefits plans premiums for such coverage. ‘‘(a) The Office shall prescribe regulations under chapter 89. ‘‘(b) The Office shall prescribe regulations to carry out this chapter. The regulations ‘‘§ 8983. Contracting authority specifying the terms and conditions under may exclude an employee on the basis of the which individuals are required to pay the nature and type of employment or conditions ‘‘(a)(1) The Office shall contract with a rea- premiums for enrollment. pertaining to it. sonable number of qualified companies for a ‘‘(c) The amount necessary to pay the pre- ‘‘(b) The Office shall, as appropriate, pro- policy or policies of benefits described under miums for enrollment may— vide for coordinated enrollment, promotion, section 8984 without regard to section 5 of ‘‘(1) in the case of an employee, be with- and education efforts as appropriate in con- title 41 or any other statute requiring com- held from the pay of such an employee; or sultation with each qualified company. The petitive bidding. An employee organization ‘‘(2) in the case of an annuitant, be with- information under this subsection shall in- may contract with a qualified company for held from the annuity of such an annuitant. clude information relating to the dental ben- the purpose of participating with that quali- ‘‘(d) All amounts withheld under this sec- efits available under chapter 89, including fied company in any contract between the tion shall be paid directly to the qualified the advantages and disadvantages of obtain- Office and that qualified company. company. ing additional coverage under this chapter.’’. ‘‘(2) The Office shall ensure that each re- ‘‘(e) Each participating qualified company SEC. 3. ENHANCED VISION BENEFITS FOR FED- sulting contract is awarded on the basis of shall maintain accounting records that con- ERAL EMPLOYEES. contractor qualifications, price, and reason- tain such information and reports as the Of- Subpart G of part III of title 5, United able competition. fice may require. States Code, is amended by inserting after ‘‘(b) Each contract under this section shall ‘‘(f)(1) The Employee Health Benefits Fund chapter 89A (as added by section 2 of this contain— is available, without fiscal year limitation, Act) the following: ‘‘(1) the requirements under section 8902 for reasonable expenses incurred by the Of- ‘‘CHAPTER 89B—ENHANCED VISION (d), (f), and (i) made applicable to contracts fice in administering this chapter before the BENEFITS under this section by regulations prescribed first day of the first contract period, includ- by the Office; ing reasonable implementation costs. ‘‘Sec. ‘‘8981. Definitions. ‘‘(2) the terms of the enrollment period; ‘‘(2)(A) There is established in the Employ- and ees Health Benefits Fund a Dental Benefits ‘‘8982. Availability of vision benefits. ‘‘8983. Contracting authority. ‘‘(3) such other terms and conditions as Administrative Account, which shall be may be mutually agreed to by the Office and available to the Office, without fiscal year ‘‘8984. Benefits. ‘‘8985. Information to individuals eligible to the qualified company involved, consistent limitation, to defray reasonable expenses in- with the requirements of this chapter and curred by the Office in administering this enroll. ‘‘8986. Election of coverage. regulations prescribed by the Office. chapter after the start of the first contract ‘‘8987. Coverage of restored survivor or dis- ‘‘(c) Nothing in this chapter shall, in the year. ability annuitants. case of an individual electing vision supple- ‘‘(B) A contract under this chapter shall ‘‘8988. Premiums. mental benefit coverage under this chapter include appropriate provisions under which ‘‘8989. Preemption. after the expiration of such individual’s first the qualified company involved shall, during ‘‘8990. Studies, reports, and audits. opportunity to enroll, preclude the applica- each year, make such periodic contributions ‘‘8991. Jurisdiction of courts. tion of waiting periods more stringent than to the Dental Benefits Administrative Ac- ‘‘8992. Administrative functions. those that would have applied if that oppor- count as necessary to ensure that the reason- tunity had not yet expired. able anticipated expenses of the Office in ad- ‘‘§ 8981. Definitions ministering this chapter during such year ‘‘In this chapter: ‘‘(d)(1) Each contract under this chapter are defrayed. ‘‘(1) The term ‘employee’ means an em- shall require the qualified company to ployee defined under section 8901(1). agree— ‘‘§ 8959. Preemption ‘‘(2) The terms ‘annuitant’, ‘member of ‘‘(A) to provide payments or benefits to an ‘‘The terms of any contract that relate to family’, and ‘dependent’ have the meanings eligible individual if such individual is enti- the nature, provision, or extent of coverage as such terms are defined under paragraphs tled thereto under the terms of the contract; or benefits (including payments with respect (3), (5), and (9), respectively, of section 8901. and to benefits) shall supersede and preempt any ‘‘(3) The term ‘eligible individual’ refers to ‘‘(B) with respect to disputes regarding State or local law, or any regulation issued an individual described in paragraph (1) or claims for payments or benefits under the thereunder, which relates to dental benefits, (2), without regard to whether the individual terms of the contract— insurance, plans, or contracts. is enrolled in a health benefits plan under ‘‘(i) to establish internal procedures de- ‘‘§ 8960. Studies, reports, and audits chapter 89. signed to expeditiously resolve such dis- ‘‘(a) Each contract shall contain provisions ‘‘(4) The term ‘Office’ means the Office of putes; and requiring the qualified company to— Personnel Management. ‘‘(ii) to establish, for disputes not resolved ‘‘(1) furnish such reasonable reports as the ‘‘(5) The term ‘qualified company’ means a through procedures under clause (i), proce- Office determines to be necessary to enable company (or consortium of companies or an dures for 1 or more alternative means of dis- it to carry out its functions under this chap- employee organization defined under section pute resolution involving independent third- ter; and 8901(8)) that offers indemnity, preferred pro- party review under appropriate cir- ‘‘(2) permit the Office and representatives vider organization, health maintenance or- cumstances by entities mutually acceptable of the Government Accountability Office to ganization, or discount vision programs and to the Office and the qualified company. examine such records of the qualified com- if required is licensed to issue applicable cov- ‘‘(2) A determination by a qualified com- pany as may be necessary to carry out the erage in any number of States, taking any pany as to whether or not a particular indi- purposes of this chapter. subsidiaries of such a company into account vidual is eligible to obtain coverage under ‘‘(b) Each Federal agency shall keep such (and, in the case of a consortium, consid- this chapter shall be subject to review only records, make such certifications, and fur- ering the member companies and any sub- to the extent and in the manner provided in nish the Office, the qualified company, or sidiaries thereof, collectively). the applicable contract. both, with such information and reports as ‘‘(6) The term ‘employee organization’ ‘‘(3) For purposes of applying the Contract the Office may require. means an association or other organization Disputes Act of 1978 to disputes arising under ‘‘(c) The Office shall conduct periodic re- of employees which is national in scope, or this chapter between a qualified company views of plans under this chapter, including in which membership is open to all employ- and the Office— a comparison of the dental benefits available ees of a Government agency who are eligible ‘‘(A) the agency board having jurisdiction under chapter 89, to ensure the competitive- to enroll in a health benefits plan under to decide an appeal relative to such a dispute ness of plans under this chapter. The Office chapter 89. shall be such board of contract appeals as

VerDate Aug 04 2004 00:48 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00015 Fmt 4636 Sfmt 0634 E:\CR\FM\A06DE7.003 H06PT1 H10912 CONGRESSIONAL RECORD — HOUSE December 6, 2004 the Director of the Office of Personnel Man- ‘‘(B) during other times and under other under chapter 89, to ensure the competitive- agement shall specify in writing (after ap- circumstances specified by the Office. ness of plans under this chapter. The Office propriate arrangements, as described in sec- ‘‘(2) A transfer under paragraph (1) shall be shall cooperate with the Government Ac- tion 8(c) of such Act); and subject to waiting periods provided under a countability Office to provide periodic eval- ‘‘(B) the district courts of the United new plan. uations of the program. States shall have original jurisdiction, con- ‘‘§ 8987. Coverage of restored survivor or dis- ‘‘§ 8991. Jurisdiction of courts current with the United States Court of Fed- ability annuitants ‘‘The district courts of the United States eral Claims, of any action described in sec- ‘‘A surviving spouse, disability annuitant, have original jurisdiction, concurrent with tion 10(a)(1) of such Act relative to such a or surviving child whose annuity is termi- the United States Court of Federal Claims, dispute. nated and is later restored, may continue en- of a civil action or claim against the United ‘‘(e) Nothing in this section shall be con- rollment in a vision benefits plan subject to States under this chapter after such admin- sidered to grant authority for the Office or the terms and conditions prescribed in regu- istrative remedies as required under section third-party reviewer to change the terms of lations issued by the Office. 8983(d) have been exhausted, but only to the any contract under this chapter. ‘‘(f) Contracts under this chapter shall be ‘‘§ 8988. Premiums extent judicial review is not precluded by for a uniform term of 7 years and may not be ‘‘(a) Each eligible individual obtaining sup- any dispute resolution or other remedy renewed automatically. plemental vision coverage under this chapter under this chapter. ‘‘§ 8984. Benefits shall be responsible for 100 percent of the ‘‘§ 8992. Administrative functions ‘‘(a) The Office may prescribe reasonable premiums for such coverage. ‘‘(a) The Office shall prescribe regulations ‘‘(b) The Office shall prescribe regulations minimum standards for enhanced vision ben- to carry out this chapter. The regulations specifying the terms and conditions under efits plans offered under this chapter and for may exclude an employee on the basis of the which individuals are required to pay the qualified companies offering the plans. nature and type of employment or conditions ‘‘(b) Each contract may include more than premiums for enrollment. pertaining to it. 1 level of benefits that shall be made avail- ‘‘(c) The amount necessary to pay the pre- ‘‘(b) The Office shall, as appropriate, pro- able to all eligible individuals. miums for enrollment may— vide for coordinated enrollment, promotion, ‘‘(c) The benefits to be provided under en- ‘‘(1) in the case of an employee, be with- and education efforts as appropriate in con- hanced vision benefits plans under this chap- held from the pay of such an employee; or sultation with each qualified company. The ter may be of the following types: ‘‘(2) in the case of an annuitant, be with- information under this subsection shall in- ‘‘(1) Diagnostic (to include refractive serv- held from the annuity of such an annuitant. clude information relating to the vision ben- ices). ‘‘(d) All amounts withheld under this sec- efits available under chapter 89, including ‘‘(2) Preventive. tion shall be paid directly to the qualified the advantages and disadvantages of obtain- ‘‘(3) Eyewear. company. ing additional coverage under this chapter.’’. ‘‘(d) A contract approved under this chap- ‘‘(e) Each participating qualified company SEC. 4. TECHNICAL AND CONFORMING AMEND- ter shall require the qualified company to shall maintain accounting records that con- MENT. cover the geographic service delivery area tain such information and reports as the Of- The table of chapters for part III of title 5, specified by the Office. The Office shall re- fice may require. United States Code, is amended by inserting quire qualified companies to include visually ‘‘(f)(1) The Employee Health Benefits Fund after the item relating to chapter 89 the fol- underserved areas in their service delivery is available, without fiscal year limitation, lowing: for reasonable expenses incurred by the Of- areas. ‘‘89A. Enhanced Dental Benefits ...... 8951 ‘‘(e) If an individual has vision coverage fice in administering this chapter before the ‘‘89B. Enhanced Vision Benefits ...... 8981’’. first day of the first contract period, includ- under a health benefits plan under chapter 89 SEC. 5. APPLICATION TO POSTAL SERVICE EM- and also has coverage under a plan under ing reasonable implementation costs. PLOYEES. this chapter, the health benefits plan under ‘‘(2)(A) There is established in the Employ- Section 1005(f) of title 39, United States chapter 89 shall be the first payor of any ben- ees Health Benefits Fund a Vision Benefits Code, is amended in the second sentence by efit payments. Administrative Account, which shall be striking ‘‘chapters 87 and 89’’ and inserting available to the Office, without fiscal year ‘‘§ 8985. Information to individuals eligible to ‘‘chapters 87, 89, 89A, and 89B’’. limitation, to defray reasonable expenses in- enroll curred by the Office in administering this SEC. 6. REQUIREMENT TO STUDY HEALTH BENE- FITS COVERAGE FOR DEPENDENT ‘‘(a) The qualified companies at the direc- chapter after the start of the first contract tion and with the approval of the Office, CHILDREN WHO ARE FULL-TIME year. STUDENTS. shall make available to each individual eligi- ‘‘(B) A contract under this chapter shall ble to enroll in a vision benefits plan infor- Not later than 6 months after the date of include appropriate provisions under which enactment of this Act, the Office of Per- mation on services and benefits (including the qualified company involved shall, during maximums, limitations, and exclusions), sonnel Management shall submit to Congress each year, make such periodic contributions a report describing and evaluating options that the Office considers necessary to enable to the Vision Benefits Administrative Ac- the individual to make an informed decision whereby benefits under chapter 89 of title 5, count as necessary to ensure that the reason- United States Code, could be made available about electing coverage. able anticipated expenses of the Office in ad- ‘‘(b) The Office shall make available to to an unmarried dependent child under 25 ministering this chapter during such year years of age who is enrolled as a full-time each individual eligible to enroll in a vision are defrayed. benefits plan, information on services and student at an institution of higher education benefits provided by qualified companies par- ‘‘§ 8989. Preemption as defined under section 101 of the Higher ticipating under chapter 89. ‘‘The terms of any contract that relate to Education Act of 1965 (20 U.S.C. 1001). ‘‘§ 8986. Election of coverage the nature, provision, or extent of coverage SEC. 7. EFFECTIVE DATE. or benefits (including payments with respect The amendments made by this Act shall ‘‘(a) An eligible individual may enroll in a to benefits) shall supersede and preempt any take effect on the date of enactment of this vision benefits plan for self-only, self plus State or local law, or any regulation issued Act and shall apply to contracts that take one, or for self and family. If an eligible indi- thereunder, which relates to vision benefits, effect with respect to the calendar year 2006. vidual has a spouse who is also eligible to en- insurance, plans, or contracts. roll, either spouse, but not both, may enroll The SPEAKER pro tempore. Pursu- for self plus one or self and family. An indi- ‘‘§ 8990. Studies, reports, and audits ant to the rule, the gentleman from vidual may not be enrolled both as an em- ‘‘(a) Each contract shall contain provisions Virginia (Mr. TOM DAVIS) and the gen- ployee, annuitant, or other individual eligi- requiring the qualified company to— tleman from Illinois (Mr. DAVIS) each ble to enroll and as a member of the family. ‘‘(1) furnish such reasonable reports as the will control 20 minutes. ‘‘(b) The Office shall prescribe regulations Office determines to be necessary to enable The Chair recognizes the gentleman under which— it to carry out its functions under this chap- ‘‘(1) an eligible individual may enroll in a ter; and from Virginia (Mr. TOM DAVIS). vision benefits plan; and ‘‘(2) permit the Office and representatives Mr. TOM DAVIS of Virginia. Mr. ‘‘(2) an enrolled individual may change the of the Government Accountability Office to Speaker, I yield myself such time as I self-only, self plus one, or self and family examine such records of the qualified com- may consume. coverage of that individual. pany as may be necessary to carry out the I rise in strong support of S. 2657, the ‘‘(c)(1) Regulations under subsection (b) purposes of this chapter. Federal Employee Dental and Vision shall permit an eligible individual to cancel ‘‘(b) Each Federal agency shall keep such Benefits Enhancement Act. or transfer the enrollment of that individual records, make such certifications, and fur- The Federal Employees Health Ben- to another vision benefits plan— nish the Office, the qualified company, or efit Plan, FEHBP, is one of the Federal ‘‘(A) before the start of any contract term both, with such information and reports as in which there is a change in rates charged the Office may require. Government’s most important tools as or benefits provided, in which a new plan is ‘‘(c) The Office shall conduct periodic re- we seek to recruit and retain the best offered, or in which an existing plan is termi- views of plans under this chapter, including Federal workforce that this country nated; or a comparison of the vision benefits available has to offer. It covers over 8.6 million

VerDate Aug 04 2004 00:48 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00016 Fmt 4636 Sfmt 0634 E:\CR\FM\A06DE7.003 H06PT1 December 6, 2004 CONGRESSIONAL RECORD — HOUSE H10913 individuals, including 2.2 million Fed- and Vision Benefits Enhancement Act and completed by September 30, 2005. I eral and postal employees, 1.9 million of 2004. am pleased that we have received this Federal annuitants, and 4.5 million de- Visual health and oral health are in- commitment from OPM and look for- pendents; and offers the widest selec- tegral to our general health. Eye and ward to reviewing the finished report. tion of health plans in the country, en- oral diseases are progressive and be- I would urge my colleagues to sup- abling enrollees to compare the costs, come more complex over time. Our port passage of Senate bill 2657. benefits, and features of different ability to eat, see, read, learn, and Mr. Speaker, I yield such time as he plans. However, this program will not communicate all depends on good vis- may consume to the gentleman from remain a model for excellence in em- ual and oral health. Virginia (Mr. MORAN). ployer-provided health care coverage Periodic eye and dental examinations (Mr. MORAN of Virginia asked and unless we continue to explore avenues are an important part of routine pre- was given permission to revise and ex- to enhance the care and the choices ventive health care. Many visual and tend his remarks.) Mr. MORAN of Virginia. Mr. Speak- provided. oral conditions present no obvious Through the FEHBP, the Federal symptoms. Therefore, individuals are er, we had inserted similar language to Government fulfills its responsibilities often unaware that problems exist. this bill in the legislative branch ap- as an employer to contribute to health There are safe and effective measures propriations bill that hopefully we will and well-being by providing com- to prevent the most common eye and approve tonight as well. It addresses prehensive high-quality, affordable dental diseases, and that is why early the fact that dental and vision needs are some of the most expensive out-of- health care for its employees, while diagnosis and treatment are important pocket expenses. We will now have it also providing an example and a model for maintaining good visual and oral available for Federal employees in the for improving the performance of the health, and why a vision and dental executive branch, as well as the legis- U.S. health care system as a whole. benefit should be made available to lative branch; this is a very important While a fine example for comprehen- Federal employees and annuitants. accomplishment of the Committee on sive care, the FEHBP currently offers We know that in 1987, the Office of Government Reform. minimal dental and vision benefits. Personnel Management stopped plans in the Federal health benefits program Mr. Speaker, I rise in strong support of H.R. Over 15 years ago, the Office of Per- 5295, the Federal Employees Dental and Vi- from adding new visual and dental sonnel Management stopped allowing sion Benefits Enhancement Act of 2004 and packages. OPM did so for various rea- plans to add new dental and vision am proud to be a co-sponsor of this bill. As sons. However, that decision was made packages or to enhance packages they ranking member of the Legislative Branch Ap- over 15 years ago, and it is time to take already had in place. As a result, the propriations Subcommittee, I was pleased to a fresh look at how we can meet the FEHBP has not kept pace in these initiate efforts to establish a similar benefit for visual and oral health needs of Federal areas, as an overwhelming majority of Members and congressional staff with House employees. private sector plans provide dental and passage of the Fiscal 2005 Legislative Branch In the long run, preventive care vision benefits. Appropriations Act (H.R. 4755). Combined, through periodic examinations and In addition, there has been a these two initiatives represent one of the most doctor visits will help keep down long- groundswell among Federal employees significant changes to health benefits under term visual and dental costs due to and annuitants through numerous sur- the Federal Employee Health Benefits Plan in early detection. veys and focus groups on this issue. recent years. More than any benefit, they want bet- I am happy to support S. 2657 because The Federal Employees Dental and Vision ter coverage for dental and vision care. it permits OPM to contract with quali- Benefits Enhancement Act would establish a This will change with the passage of fied companies to offer dental and vi- voluntary program under which Federal em- this important legislation. sion benefits to Federal employees and ployees, retirees and annuitants may purchase The bill before us now will establish retirees under the Federal Employee supplemental dental and vision coverage. The a voluntary, supplemental program Health Benefits Program. legislation grants the Office of Personnel Man- under which Federal employees and an- Unfortunately, however, this bill agement (OPM) the authority to select the ap- nuitants may purchase dental and vi- does not include a provision that would propriate combination of nationwide and re- sion insurance as part of the FEHBP. require OPM to study the feasibility of gional companies and a variety of benefit This important legislation follows the providing hearing benefits to Federal packages to meet the diverse needs of our design of the current long-term care in- benefits and retirees. Currently, over 28 Federal employee, retiree, and annuitant pop- surance program whose premiums are million Americans suffer hearing loss, ulation. wholly employee-funded, but allows the half of whom are under the age of 50. Greater access to dental and vision care is Federal Government to leverage its Hearing loss is not just a problem af- an area where major improvement is needed purchasing power to lower the cost of fecting adults. Thirty-three children and should be an essential component to any care in these areas. are born every day with some form of comprehensive health care strategy. Many Mr. Speaker, I want to recognize the hearing loss. With early detection and Federal employees whom I hear from tell me efforts of my distinguished counterpart treatment, these children can be that their greatest health care expenditures go in the other body, the Senator from taught in regular classes, saving the towards dental and vision care. Federal em- Maine, Ms. COLLINS. Senator COLLINS school system as much as $500,000 dur- ployees need and deserve increased access was instrumental in the drafting of ing a 12-year education. to dental and vision benefits. this legislation. I commend her for her I included similar language in H.R. FEHBP has long been regarded as a model dedication on issues important to our 3751, which passed the House in June. health care program. I am confident that with Nation’s civil service. I look forward to Like vision and dental benefits, most the addition of a supplementary dental and vi- continuing to work with her on these insurance plans do not provide hearing sion coverage program, the Federal govern- important issues in the 109th Congress. benefits, such as coverage for hearing ment will set an example for other employers I also thank my ranking member, the aids. to expand their health care offerings to include gentleman from California (Mr. WAX- To address this omission, the gen- dental and vision coverage for their employ- MAN), and the ranking member of the tleman from California (Mr. WAXMAN) ees. Additionally, I believe this new benefit will subcommittee, my friend, the gen- and I, along with the gentleman from serve as a recruitment tool for the Federal tleman from Illinois (Mr. DAVIS). Virginia (Chairman TOM DAVIS) and the government in attracting and keeping the best Mr. Speaker, I reserve the balance of Senate sponsors of this bill, sent a let- and the brightest in the government. my time. ter to the Director of the office of OPM Mr. Speaker, I thank Chairman DAVIS on the Mr. DAVIS of Illinois. Mr. Speaker, I requesting that the agency assess cur- Government Reform Committee for moving yield myself such time as I may con- rent hearing benefits available to this important legislation, and I strongly sup- sume. FEHBP participants and explore the port its adoption. Mr. Speaker, I am pleased to join feasibility of expanding hearing bene- Mr. DAVIS of Illinois. Mr. Speaker, I with the gentleman from Virginia fits to enrollees and their dependents. yield back the balance of my time. (Chairman TOM DAVIS) in consideration Director James has already replied Mr. MURPHY. Mr. Speaker, too often, basic of S. 2657, the Federal Employee Dental that such a study will be conducted health insurance coverage offered to federal

VerDate Aug 04 2004 00:48 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00017 Fmt 4636 Sfmt 9920 E:\CR\FM\K06DE7.025 H06PT1 H10914 CONGRESSIONAL RECORD — HOUSE December 6, 2004 employees does not adequately cover the cost AMENDING THE DISTRICT OF CO- at the time that would deprive the Dis- of dental and vision care, yet regular visits to LUMBIA COLLEGE ACCESS ACT trict of very much needed stability in the eye doctor and the dentist are just as im- OF 1999 tax revenue should they leave the ju- portant for maintaining overall health as an- Mr. TOM DAVIS of Virginia. Mr. risdiction. nual visits to the M.D. That is why Chairman Speaker, I move to suspend the rules I cannot tell you how many mothers and fathers have approached me to say DAVIS, Rep. JOANN DAVIS, Senator SUSAN and concur in the Senate amendments thank you. We were going to have to COLLINS, myself and others have made the ad- to the bill (H.R. 4012) to amend the Dis- leave the District of Columbia so our dition of supplemental dental and vision bene- trict of Columbia College Access Act of kid could go to college, but thanks to fits to the Federal Employee Health Benefits 1999 to reauthorize for 5 additional this program we can stay; or young Program a priority. years the public school and private people from the district that come up school tuition assistance programs es- According to testimony we heard last year in to me and say thank you for this act. tablished under the Act. the Government Reform Committee, while 56 I am now able to afford to go to a good The Clerk read as follows: percent of Americans have dental coverage, of college. 150 FEHBP plans studied, only one provided Senate Amendments: At a Committee on Government Re- dental coverage for children and only 14 pro- Page 2, line 7, strike ‘‘10 succeeding’’ and form hearing on this program last vided orthodontic coverage. Unfortunately, insert ‘‘7 succeeding’’. Page 2, line 11, strike ‘‘10 succeeding’’ and March, it is clear that the program has there are not a lot of options for federal em- been more than an anecdotal success ployees when it comes to vision insurance ei- insert ‘‘7 succeeding’’. Amend the title so as to read: ‘‘An Act to over the past 5 years. D.C. Mayor An- ther. The FEHBP is often cited as a leader amend the District of Columbia College Ac- thony Williams testified that since cre- and a model for health care plans across the cess Act of 1999 to reauthorize for 2 addi- ation of the program, the number of Nation. It is unacceptable that federal employ- tional years the public school and private high school graduates in the District ees and their families are denied quality cov- school tuition assistance programs estab- continuing on to college has increased erage for dental and vision services. lished under the Act.’’. 28 percent. The national average over The Federal Employees Dental and Vision The SPEAKER pro tempore. Pursu- the same period was an increase of ap- Benefits Enhancement Act of 2004 seeks to ant to the rule, the gentleman from proximately 5 percent. address this situation by leveraging the pur- Virginia (Mr. TOM DAVIS) and the gen- The impact of the College Access chasing power of the federal government to tlewoman from the District of Colum- Program is undeniable. According to a obtain supplemental dental and vision benefits bia (Ms. NORTON) each will control 20 survey of high school graduates in the for federal employees. This much-needed leg- minutes. District, the vast majority of students islation is patterned after the successful long- The Chair recognizes the gentleman who have received assistance through term care benefits program we already offer from Virginia (Mr. TOM DAVIS). the program have indicated that the federal employees and will provide tangible re- GENERAL LEAVE existence of the grants made a dif- lief to millions of federal employees and their Mr. TOM DAVIS of Virginia. Mr. ference in their decision to attend col- families. Speaker, I ask unanimous consent that lege and was a key factor in deciding which college to attend. The new benefits would be offered sepa- all Members may have 5 legislative days within which to revise and extend H.R. 4012 represents a shot at a better rately from existing health care plans and education and, in turn, a better life for would be available strictly on a voluntary their remarks and include extraneous material on H.R. 4012. hundreds of D.C. students. basis. Since federal employees opting to take The House passed a 5-year authoriza- The SPEAKER pro tempore. Is there advantage of these benefits would pay 100 tion for the program in July, but after objection to the request of the gen- percent of the premiums, we can offer these discussions with the other body, we tleman from Virginia? policies at very little cost to the federal govern- have agreed to limit the reauthoriza- There was no objection. ment. This legislation is a win-win for all par- tion to 2 years while we in Congress Mr. TOM DAVIS of Virginia. Mr. ties involved. continue to work with the city to re- Speaker, I yield myself such time as I fine the scope and the mission of the Recently, I chaired a subcommittee hearing may consume. on steps the federal government can take to program. Mr. Speaker, I rise today in strong Mr. Speaker, I urge my colleagues to lead the way in reducing health care costs by support of H.R. 4012, legislation to au- taking advantage of our missive purchasing support H.R. 4012 and to continue to thorize the District of Columbia Col- support a level playing field for high power, investing in new health care tech- lege Access Act for 2 additional years. nologies and promoting good health through school graduates in the District. The College Access Program has been I also want to acknowledge my friend preventative care. This legislation is a step in a key component of the District’s revi- and colleague, the gentlewoman from that direction. The federal government must talization efforts in recent years. It is the District of Columbia (Ms. NORTON) lead by example when it comes to health care critical that Congress continue to sup- for her help in starting this bill and and I ask my colleagues to support that effort port its partnership with the District working through this legislation today by voting in favor of this bill. of Columbia in providing access to as we reauthorize it, and my colleague, higher education resources and oppor- the gentleman from Alexandria, Vir- b 1515 tunities. ginia (Mr. MORAN), who has also been Congress established the D.C. College Mr. TOM DAVIS of Virginia. Mr. very helpful and instrumental in get- Access Program in 1999 for two primary ting this legislation originally estab- Speaker, I urge support for the bill, S. reasons. First, the program addressed 2657. lished and reauthorizing it today. the fact that the District of Columbia Mr. Speaker, I reserve the balance of Mr. Speaker, I have no further re- does not have a State university sys- my time. quests for time, and I yield back the tem like most States do for its high Ms. NORTON. Mr. Speaker, I yield balance of my time. school graduates. The program essen- myself such time as I may consume. The SPEAKER pro tempore (Mr. tially leveled the playing field for high Mr. Speaker, I appreciate the kind SIMPSON). The question is on the mo- school graduates in the Nation’s Cap- words and acknowledgement of the tion offered by the gentleman from ital by enabling them to attend col- chairman. I particularly appreciate the Virginia (Mr. TOM DAVIS) that the leges and universities around the coun- strong leadership he has given this bill House suspend the rules and pass the try at instate tuition rates. This is from its inception and the continuing Senate bill, S. 2657. State universities around the country. strong leadership he has afforded this The program’s second purpose was to absolutely vital bill to the residents of The question was taken; and (two- deter tax-paying families in the Dis- the District of Columbia. thirds having voted in favor thereof) trict from moving to surrounding Led by my good friend, the chairman the rules were suspended and the Sen- States in order to take advantage of of the Committee on Government Re- ate bill was passed. instate higher education options avail- form, the gentleman from Virginia A motion to reconsider was laid on able to residents in other States that (Mr. TOM DAVIS), the District of Co- the table. were not available to District residents lumbia College Access Act of 1999 has

VerDate Aug 04 2004 00:48 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00018 Fmt 4636 Sfmt 0634 E:\CR\FM\A06DE7.020 H06PT1 December 6, 2004 CONGRESSIONAL RECORD — HOUSE H10915 always passed with bipartisan sponsors residents and businesses because of the only in the lame duck session. It has in the House and Senate and consist- act’s simultaneous and immediate ben- been passed here because the chairman ently strong support from Members of efits to higher education in the Dis- had smoothly led its passage in the both bodies. We are particularly in- trict and, therefore, to the economic House. It did not have a bit of con- debted to the chairman, who, because stability and viability of the city troversy here. There were some of the importance of higher education itself. changes made after some consultation to those who live and work in this The program is an unqualified suc- with the House with the Senate, and white-collar region, has always made cess and continues to exceed all expec- all was well; and at the last minute a this bill a priority of the committee. tations. The program has proved itself very small problem arose in the Sen- This year he performed an additional in becoming a valuable catalyst to ate. But when one person raises a prob- critical act of leadership. When a prob- where it is most needed. TAG deserves lem in the Senate, that can mean the lem arose in the Senate after the bill reauthorization, and I strongly urge its end of an entire bill. So I do want to was approved in committee, he forged passage. say right here on this floor that the an acceptable compromise. The cham- Mr. Speaker, I reserve the balance of work of the chairman when we brought pions of the bill in the Senate have my time. this to his attention that all efforts in been a chairman, Senator GEORGE Mr. TOM DAVIS of Virginia. Mr. the Senate to solve this one problem VOINOVICH and his ranking member, Speaker, I yield such time as he may with one Member had failed for reasons consume to the gentleman from Vir- Senator DICK DURBIN of the sub- no one could put their finger on, that committee with jurisdiction over the ginia (Mr. MORAN). his own creative sense of compromise Mr. MORAN of Virginia. Mr. Speak- District of Columbia, as well as the is what rescued the bill in the Senate. er, I thank the chairman of the Com- Chair of the Senate Committee on Gov- mittee on Government Reform for I want to express my deep apprecia- ernmental Affairs, Senator SUSAN COL- yielding me time, but particularly for tion for his work in the midst of the LINS and the ranking member, Senator his leadership on this bill and the pre- lame duck session, to think of what JOE LIEBERMAN. might be done, and then to speak with Mr. Speaker, I want to express spe- ceding bill. This bill provides opportunities to the Member in the Senate who raised cial gratitude to President Bush, who young people who have already not an issue, and then to come forward came to office several years after the only graduated from high school, but with a compromise that has proved ac- law was in effect, saw the evidence of showed exceptional academic achieve- ceptable to all. We are very grateful for its exceptional success, and has contin- ment. Many of them had to overcome that, because without that work on the ued to fund it in his budget at author- social and economic barriers that we part of Chairman DAVIS, we would not ized levels. would never want or expect our own be here. The act, which partially funds col- children to be able to cope with, let lege tuition through tuition access alone overcome. It’s not fair that in grants, or TAG, gives D.C. residents op- b 1530 the District of Columbia they do not portunities for college attendance that This bill would not be authorized, have the opportunities that many of other Americans already enjoy through and we would not be able to get the full our children in the suburbs have. To their State university systems. Be- amount which has already been passed make at least this very important ac- cause the District has no State univer- by the appropriation committees on cess to higher education available to both sides into the President’s budget sity system, TAG substitutes for such a them at a very reasonable cost is a ter- when it comes here in January. system by allowing D.C. residents to ribly appropriate thing to do. attend the public colleges in the States Mr. Speaker, I appreciate the leader- Mr. Speaker, I yield back the balance at instate tuition rates, subsidized up ship of the gentlewoman from the Dis- of my time. to $10,000. In the alternative, our stu- trict of Columbia (Ms. NORTON) on be- Mr. TOM DAVIS of Virginia. Mr. dents may receive $2,500 to attend pri- half of her constituents and the leader- Speaker, I yield myself such time as I vate colleges at historically black col- ship of the gentleman from Virginia may consume. leges or universities in the city or re- (Mr. TOM DAVIS) on behalf of the Con- I thank my colleagues for their kind gion or other private colleges, provi- gress to make sure that this legislation words and their efforts in working to- sions that also imitate what some gets through. gether on this legislation, and I would States allow. Ms. NORTON. Mr. Speaker, I yield urge all Members to support the Senate Already some 6,000 D.C. students myself such time as I may consume. amendments to H.R. 4012. have attended more than 150 colleges In closing, I want to say that the two Mr. Speaker, I yield back the balance nationwide because of funds provided gentlemen from which we just heard on of my time. by the act. There are two particularly the bill, the gentleman from Virginia The SPEAKER pro tempore (Mr. gratifying results from the first years (Mr. MORAN) who just spoke, and the SIMPSON). The question is on the mo- of the Act. First, college attendance in gentleman from Virginia (Mr. TOM tion offered by the gentleman from the District has increased by 28 percent DAVIS) who has led the bill, are both Virginia (Mr. TOM DAVIS) that the compared with only 11 percent nation- from this region. House suspend the rules and concur in ally. Second, the act has been impor- This may be the most white-collar the Senate amendments to the bill, tant to keeping tax-paying residents in region in the United States. When Dis- H.R. 4012. the city and stemming the large and trict of Columbia residents did not The question was taken; and (two- disastrous taxpayers’ losses of the past have access to its State university sys- thirds having voted in favor thereof) three decades, particularly of parents tem, it hurt the entire economy of the the rules were suspended and the Sen- who often left for the suburbs when region because it meant the critical ate amendments were concurred in. their children were in reach of college core of the region could not provide the A motion to reconsider was laid on age, rather than deny their children same State university systems that are the table. the benefits of a lower-cost, high-qual- very beautifully provided in Maryland ity State university system. The high and Virginia. So one part of the region f cost of tuition is a significant reason could not contribute to the economic many residents left the District and viability of the region. AMENDING INTERNAL REVENUE others refuse to settle here. Mr. Speaker, I appreciate particu- CODE TO MODIFY TAXATION OF The evidence of the success of the larly their work in understanding how ARROW COMPONENTS program and the return on the dollar vital the District’s contribution was to residents, to the city itself and to and is, and that it cannot be made ex- Mr. RYAN of Wisconsin. Mr. Speaker, the Federal Government is not in dis- cept through higher education of the I move to suspend the rules and pass pute. Close monitoring by the GAO, by kind that is expected through this re- the bill (H.R. 5394) to amend the Inter- the committee and by our office have gion. nal Revenue Code of 1986 to modify the shown that TAG has been well run. Finally, a word about the Chair. This taxation of arrow components. TAG is universally popular among D.C. bill was finally passed in the Senate The Clerk read as follows:

VerDate Aug 04 2004 02:34 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00019 Fmt 4636 Sfmt 0634 E:\CR\FM\K06DE7.030 H06PT1 H10916 CONGRESSIONAL RECORD — HOUSE December 6, 2004 H.R. 5394 5394, which will correct an unintended tation in Haiti, and so I would just Be it enacted by the Senate and House of Rep- new tax on arrows. The American Jobs read a couple of paragraphs from his resentatives of the United States of America in Creation Act closed the loophole that statement because I think it is appro- Congress assembled, allowed imported arrows to avoid the priately before the body. SECTION 1. EXCISE TAX ON ARROWS. excise tax paid on domestically pro- The ‘‘Ways and Means Committee (a) REPEAL.—Subsection (b) of section 332 Chairman THOMAS knows that the bows of the American Jobs Creation Act of 2004, duced arrows. Unfortunately, the IRS and the amendments made by such sub- identified an unintended consequence and arrows correction could have been section, are hereby repealed; and the Inter- that will require 8,000 retailers to col- handled by unanimous consent.’’ There nal Revenue Code of 1986 shall be applied as lect and remit a small part of this ex- had been a request that a correcting if such subsection and amendments had cise tax. provision from the FST/ETI bill also be never been enacted. The provision of this bill designed to included to assist the Virgin Islands (b) TAX ON ARROW SHAFTS.—Paragraph (2) protect the double taxation of arrows and some attention provided to the of section 4161(b) of the Internal Revenue inadvertently moves the incidence of a devastation affecting the people of Code of 1986 (relating to arrows) is amended to read as follows: very small part of the tax on arrows Haiti. ‘‘(2) ARROWS.— from manufacturers to retailers. This ‘‘The recently enacted FST/ETI legis- ‘‘(A) IN GENERAL.—There is hereby imposed language will require every retailer to lation contains a provision that will on the first sale by the manufacturer, pro- determine the difference between the adversely affect the economic develop- ducer, or importer of any shaft (whether sold tax paid on the components that they ment programs of the Virgin Islands separately or incorporated as part of a fin- buy and the tax due on arrows that and other possessions. ished or unfinished product) of a type used in they assemble and sell. Therefore, 8,000 ‘‘The provision denies the Virgin Is- the manufacture of any arrow which after its retailers will be required to file and lands the ability to provide economic assembly— incentives to companies doing business ‘‘(i) measures 18 inches overall or more in remit the excise tax quarterly for an length, or amount of about $100,000. in the Virgin Islands if they have some ‘‘(ii) measures less than 18 inches overall in Clearly, Congress did not intend to U.S. source income.’’ length but is suitable for use with a bow de- impose a new tax on thousands of small It is also clear that House leadership scribed in paragraph (1)(A), businesses and retailers. This legisla- is unwilling to provide assistance to a tax equal to 39 cents per shaft. tion fixes that. It amends the archery poverty-stricken Haiti. ‘‘Obviously, our ‘‘(B) ADJUSTMENT FOR INFLATION.— excise provision to impose a flat fee on neighbor in this hemisphere is not ‘‘(i) IN GENERAL.—In the case of any cal- the first sale of all arrow shafts. This viewed as so urgent that it cannot endar year beginning after 2005, the 39-cent legislation protects thousands of re- wait. I am talking about a country amount specified in subparagraph (A) shall be increased by an amount equal to the prod- tailers by keeping the incidence of the that is so poor they bake clay and pre- uct of— tax on manufacturers, not on retailers; tend it is bread. ‘‘(I) such amount, multiplied by treats domestic and foreign manufac- ‘‘It is unclear to me why’’ the Haiti ‘‘(II) the cost-of-living adjustment deter- turers equally; and protects the Fed- trade preferences bill could not have mined under section 1(f)(3) for such calendar eral Aid in Wildlife Fund. been brought up by year end. year, determined by substituting ‘2004’ for Mr. Speaker, I reserve the balance of I agree that, to summarize the rank- ‘1992’ in subparagraph (B) thereof. my time. ing member’s feelings, it is fine to ad- ‘‘(ii) ROUNDING.—If any increase deter- Mr. POMEROY. Mr. Speaker, I yield dress this bow and arrows provision, mined under clause (i) is not a multiple of 1 myself such time as I may consume. absolutely fine. We have some issues cent, such increase shall be rounded to the nearest multiple of 1 cent.’’. Mr. Speaker, I want to commend my we also wanted addressed, cir- (c) ARROW POINTS.—Clause (ii) of section colleague the gentleman from Wis- cumstances about possession under 4161(b)(1)(B) (relating to archery equipment) consin (Mr. RYAN). He has worked very FST/ETI and something to be done to of such Code is amended by striking ‘‘quiver diligently on this issue. I know he per- address the pathetic circumstance of or broadhead’’ and inserting ‘‘quiver, broad- sonally is an avid sportsman and takes, Haiti, and that would have been our head, or point’’. therefore, more than passing interest preference also at year end. (d) EFFECTIVE DATE.—The amendments made by subsections (b) and (c) shall apply in these matters. He also does very Having now stated what our pref- to articles sold by the manufacturer, pro- well representing the constituents in- erences would have been, let me again ducer, or importer after March 31, 2005. volved in the domestic manufacture of summarize the minority position on The SPEAKER pro tempore. Pursu- arrows. this bill. It needs to be corrected. We ant to the rule, the gentleman from This has been a hard one to get right. want it corrected. We do not think it Wisconsin (Mr. RYAN) and the gen- We first passed it in 1997, trying to ad- should have taken three times to get tleman from North Dakota (Mr. POM- dress this issue. The language in the right, but here we are. We are willing EROY) each will control 20 minutes. FST bill that passed just a few weeks to get it right this time. The Chair recognizes the gentleman ago we thought took care of it. We had I again salute the gentleman from from Wisconsin (Mr. RYAN). the joint tax and Treasury Department Wisconsin’s (Mr. RYAN), my colleague, GENERAL LEAVE involved in getting that language cor- efforts who have been untiring and in Mr. RYAN of Wisconsin. Mr. Speaker, rect, and only now we are finding that the end will today prevail in getting I ask unanimous consent that all Mem- it is going to be a new tax to be col- this right. bers may have 5 legislative days within lected by about 10,000 sports retailers. Mr. Speaker, I yield back my time. which to revise and extend their re- Mr. Speaker, we want to fix this, and Mr. RYAN of Wisconsin. Mr. Speaker, marks and include extraneous material we want to fix this one right, quick. So I yield myself such time as I may con- on the subject of H.R. 5394, the bill I am going to ask for support on this sume. under consideration. motion today. I first want to just thank my col- The SPEAKER pro tempore. Is there I would like to, in the course of my league from North Dakota, a wonderful objection to the request of the gen- remarks, however, address an issue State I have enjoyed hunting in, and tleman from Wisconsin? raised by the gentleman from New his archers, I think, will be pleased There was no objection. York (Mr. RANGEL), the ranking mem- with his support today. Mr. RYAN of Wisconsin. Mr. Speaker, ber of the Committee on Ways and We are finally getting this thing I yield myself such time as I may con- Means, and his statement will be made fixed. We thought the tax experts fig- sume. a part of the RECORD. ured it out the last time. That was not (Mr. RYAN of Wisconsin asked and He had offered for the chairman a necessarily the case. We have got this was given permission to revise and ex- deal to bundle in a unanimous consent fix in place. So, again, we are not going tend his remarks.) package the bow and arrow fix, plus a to be pushing jobs overseas. We are not Mr. RYAN of Wisconsin. Mr. Speaker, provision to address the circumstances going to be draining precious resources I briefly just want to describe what of the Virgin Islands and other terri- from the Pittman-Robertson Fund. We this bill does. tories under the corporate tax reform are fixing that loophole. I, along with the gentleman from bill, the FST bill mentioned earlier, as Mrs. CHRISTENSEN. Mr. Speaker, today Utah (Mr. MATHESON), introduced H.R. well as something to address the devas- the House is considering H.R. 5394, a bill

VerDate Aug 04 2004 01:58 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00020 Fmt 4636 Sfmt 9920 E:\CR\FM\A06DE7.012 H06PT1 December 6, 2004 CONGRESSIONAL RECORD — HOUSE H10917

sponsored by my colleague PAUL RYAN of PRIORITIES league, PHIL CRANE. I also know that Senators Wisconsin to amend a section of the recently What really concerns me today is not bows BOB GRAHAM and MIKE DEWINE would have passed American Jobs Creation Act of 2004 and arrows. Rather, I question the priorities of been able to get passage in the Senate—had as it relates to the Federal excise tax on the the Republicans in the House. we sent them something. They had already sale by a manufacturer, producer or importer The Republicans enjoy talking about their passed a much better, more generous bill. of any bows or arrows of a certain weight. values—but their actions simply do not meet I want everyone to understand that our fail- While I do not expressly support or oppose their words. According to Republican values, ure to act on Haiti today has real con- H.R. 5394, I rise to express my disappoint- tax breaks for makers of bows and arrows are sequences for a country already devastated ment that the people of my district, the U.S. an urgent matter that must be addressed by natural disasters, years of domestic political Virgin Islands, are not afforded a similar op- today. turmoil, and foreign interference. portunity to address certain changes to the Of course, Ways and Means Committee At the end of this year global textiles and provisions of the Jobs Act as they relate to the Chairman THOMAS knows that the bows and apparel quotas terminate. Everyone expects residence and source rules applicable in U.S. arrows correction could have been handled by China to dominate, taking market share and possessions. unanimous consent last month. At that time, I jobs not just from workers in the U.S., but also It is the longstanding policy of the United asked that a correcting provision from the from workers in poor, vulnerable developing States, as reaffirmed in the Tax Reform Act of FSC/ETI bill also be included to assist the Vir- countries. And there is no country so threat- 1986, to promote the economic development gin Islands—as it is for the arrow component ened or so dependent on access to our mar- of the U.S. Virgin Islands through tax policies manufacturers—and that some attention be ket as Haiti. that grant the Virgin Islands exclusive taxing provided to the devastation facing the people Apparel is the only thing these people jurisdiction over its residents and the right to of Haiti. make—it is 90 percent of what the Haitians tax the income of non-residents that is either VIRGIN ISLANDS send to us. And because we are not acting, sourced in the Virgin Islands or attributable to It is obvious that the House Republican those exports are threatened. And you know Virgin Islands businesses. Leadership and Chairman THOMAS are unwill- what will replace those exports of sweaters The American Jobs Creation Act of 2004, ing to provide a little helping hand to the Virgin and pants? Exports of people. which was signed into law on October 22, Islands and the other U.S. possessions. The I will fight again for Haiti next year, and I 2004, significantly changed the Federal tax recently enacted FSC/ETI legislation contains pray it will not be too late. rules that form the foundation of Virgin Islands a provision that will adversely affect the eco- CONCLUSION economic incentive program, the Economic nomic development programs of the Virgin Is- I want to compliment my colleague, Rep- Development Commission (EDC). Unless the lands and other possessions. resentative PAUL RYAN, for his diligence in cor- The provision denies the Virgin Islands the changes made to this program by the Jobs recting the drafting error for the 1997 bows ability to provide economic incentives to com- Act is amended or appropriately modified by and arrow tax relief provision and, again panies doing business in the Virgin Islands if regulation, they have the potential to cause today, for correcting the correction in the FSC/ they have some U.S. source income. There substantial damage to the Virgin Islands EDC ETI bill. One would have thought that drafting are many circumstances where companies en- program and cause significant losses to the a simple bill, like bows and arrows, could be gaged in business activities in the Virgin Is- Government of the Virgin Islands beyond handled right the first time. But, I understand lands can have U.S. source income, even those attributable to the EDC program. that things happen. though they engage in no activities in the Mr. RYAN of Wisconsin. Mr. Speaker, While the statement of the managers ac- United States. I yield back the balance of my time. companying the conference report for the Jobs Everyone recognizes that the FSC/ETI legis- The SPEAKER pro tempore. The Act indicates that Congress was concerned lation overreached. The provision was adopted question is on the motion offered by about U.S. citizens inappropriately claiming without any hearings in either House, and the gentleman from Wisconsin (Mr. benefits as residents of a possession while without a serious examination of what it does. RYAN) that the House suspend the rules continuing to live and work in the United So the simple solution is to fix the problem. and pass the bill, H.R. 5394. States, the provisions of the new IRS Code The Republicans’ response is to wait for The question was taken; and (two- section 937 would have much broader impact, Treasury to address the situation. There is no thirds having voted in favor thereof) affecting individuals who never resided in the guarantee when, or if, Treasury will do so. the rules were suspended and the bill United States and also place restrictions on The provision in the bill already took effect, was passed. the different economic development programs and is currently creating a problem for the Vir- A motion to reconsider was laid on that go far beyond identified abuses. gin Islands economic development program. the table. It is for these reasons Mr. Speaker, that the This is a time-sensitive issue, that could be government of the Virgin Islands sought to easily resolved with a delay in the effective f have these changes narrowed and clarified date to permit the Treasury to act. through legislation similar to H.R. 5394, but This House has found time today to correct PASS THE 9/11 COMMISSION REC- we were unsuccessful in our efforts to date. an error for arrow component retailers. I had OMMENDATIONS IMPLEMENTA- Accordingly, I beseech my colleagues, the hoped that at the same time we could have TIONS ACT chairman of the Ways and Means Committee corrected the provision harming the Virgin Is- (Mrs. MALONEY asked and was given and you, Mr. Speaker, to work with me when lands. It is obviously a question of the Repub- permission to address the House for 1 we return next Congress to address these licans’ priorities. minute and to revise and extend her re- concerns and avert a potential economic ca- HAITI marks and include therein extraneous tastrophe for the Government and people of It also is obvious that the House and com- material.) the Virgin Islands. mittee Republican leadership are unwilling to Mrs. MALONEY. Mr. Speaker, I rise Mr. RANGEL. Mr. Speaker, H.R. 5394 is the provide a little assistance to a poverty stricken in strong support of the bipartisan 9/11 Republican’s third attempt to provide correct Haiti. Obviously, our neighbor in this hemi- Commission bill. This past week I statutory language for the purpose of providing sphere is not viewed as so urgent that it can- joined relatives of victims of 9/11 at domestic and foreign manufacturers and retail- not wait. I am talking about a country that is Ground Zero. It was one of the places ers of bows and arrows with a level playing so poor that they bake clay and pretend it is that we held vigils across this country field. bread. to remind Members of Congress of the The original provision was enacted into law It is still unclear to me why—other than pure human cost of the terrorist attack. in 1997. A correction to that language was in- meanness, stinginess and a lack of real val- Vigils were held in Washington, D.C., cluded in this year’s Foreign Sales Corpora- ues—that a Haiti trade preferences bill could New York, Buffalo, Boston, Los Ange- tion/Extraterritorial Income Replacement, FSC/ not be brought up before the end of the year. les. ETI, which resulted in another needed correc- Chairman THOMAS and I reached agreement We are hopeful that a vote will be tion—as provided in H.R. 5394. Apparently, on a compromise bill—a bill that did not taken tomorrow. It will move forward the most recent drafting error would cause present any threat to the U.S. industry but that this bill that will make Americans about 10,000 new retailers to begin collecting would have meant the world to the people of safer. excise taxes on a quarterly basis due to an Haiti. We ask people to sign a petition and unintended new point of tax collection created House Democrats were prepared to support present that petition to the Speaker of for arrow components costing less than a dol- our bill—and I know we had ample Republican the House of Representatives. I will lar. I hope that this time the Republicans got support for it, thanks to the efforts of my friend place in the RECORD the text of that pe- it right. CLAY SHAW, and my long-time friend and col- tition at this point.

VerDate Aug 04 2004 01:57 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00021 Fmt 4636 Sfmt 0634 E:\CR\FM\A06DE7.026 H06PT1 H10918 CONGRESSIONAL RECORD — HOUSE December 6, 2004 DECEMBER 6, 2004. ment to the concurrent resolution, H. Pastor Sabo Tauscher DEAR SPEAKER HASTERT: These signatures Con. Res. 528, on which the yeas and Paul Sa´ nchez, Linda Tauzin Payne T. Taylor (MS) represent the will of the people. The demo- nays are ordered. cratic process must be respected. Congress Pearce Sanchez, Loretta Taylor (NC) Pelosi Sanders must be allowed to vote. The vote was taken by electronic de- Terry Pence Sandlin Thomas The ‘‘9/11 Commission Recommendations vice, and there were—yeas 381, nays 0, Peterson (MN) Saxton Thompson (CA) Implementations Act’’ is supported by the not voting 51, as follows: Peterson (PA) Schakowsky Thompson (MS) 9/11 Commission, the President, the Senate, Petri Schiff Thornberry [Roll No. 543] Pickering Scott (GA) and the majority of the members of your Tiahrt Pitts Scott (VA) House. YEAS—381 Tiberi Listen to the voice of the people. Platts Sensenbrenner Ackerman Diaz-Balart, L. Kaptur Pombo Serrano Tierney Signed, Aderholt Diaz-Balart, M. Keller Pomeroy Sessions Toomey Carie Lemack, Mindy Kleinberg, Lorie Akin Dingell Kelly Porter Shadegg Turner (OH) Van Auken, Patty Casazza, Carol Ash- Alexander Doggett Kennedy (MN) Portman Shaw Turner (TX) ley, Mary Fetchet, Linda Lewis, Kathy Allen Doolittle Kennedy (RI) Price (NC) Shays Udall (CO) Andrews Doyle Kildee Wiesniewski, Beverly Eckert, Bill Har- Pryce (OH) Sherman Udall (NM) Bachus Dreier Kilpatrick Putnam Sherwood Upton vey, Charles Wolf. Baird Duncan King (IA) Speaking: Abraham Scott (lost wife Janice Quinn Shimkus Van Hollen Baker Dunn King (NY) Radanovich Shuster Vela´ zquez Marie); Beverly Eckert, Stamford (lost hus- Baldwin Edwards Kingston Ramstad Simmons Visclosky Barrett (SC) Ehlers Kirk band Sean Rooney); Mary Fetchet, New Rangel Simpson Walden (OR) Bartlett (MD) Emanuel Kline Canaan (lost son Brad); Carie Lemack, Bos- Regula Skelton Walsh Barton (TX) Emerson Knollenberg ton (lost mother Judy Larocque). Rehberg Slaughter Wamp Bass Engel Kolbe Renzi Smith (MI) Not speaking: Carol Ashley, Long Island Beauprez English Kucinich Waters (lost daughter Janice); Kathy Wiesniewski Reynolds Smith (NJ) Watson Becerra Eshoo LaHood Rodriguez (lost husband); Charlie Wolf (lost wife Smith (TX) Watt Berkley Etheridge Lampson Rogers (AL) Smith (WA) Waxman Kathy); Lorie Van Auken (lost husband Ken- Berman Evans Langevin Rogers (KY) Snyder Weldon (FL) neth); Mindy Kleinberg (lost husband Alan). Berry Everett Lantos Rogers (MI) Solis Biggert Farr Larson (CT) Weldon (PA) The holidays are a particularly dif- Rohrabacher Souder Bilirakis Feeney Latham Ros-Lehtinen Spratt Weller ficult time for people who have lost Bishop (GA) Ferguson LaTourette Ross Stark Wexler loved ones, Thanksgiving and the holi- Bishop (NY) Filner Leach Rothman Stearns Whitfield day season. I am very, very hopeful Bishop (UT) Flake Lee Roybal-Allard Stenholm Wicker Blackburn Foley Levin Wilson (SC) that the hard work of these families in Royce Strickland Blumenauer Forbes Lewis (CA) Ruppersberger Stupak Woolsey support of changes that will make Blunt Ford Lewis (GA) Ryan (OH) Sullivan Wu America safer will be allowed for a Boehner Fossella Lewis (KY) Ryan (WI) Tancredo Wynn Bonilla Frank (MA) Linder Ryun (KS) Tanner Young (FL) vote in the House of Representatives. Bonner Franks (AZ) LoBiondo f Bono Frelinghuysen Lofgren NOT VOTING—51 Boozman Frost Lowey RECESS Boucher Gallegly Lucas (KY) Abercrombie Fattah Murtha Boyd Garrett (NJ) Lucas (OK) Baca Gordon Neal (MA) The SPEAKER pro tempore. Pursu- Bradley (NH) Gephardt Lynch Ballenger Granger Nethercutt ant to clause 12(a) of rule I, the Chair Brady (PA) Gerlach Majette Bell Gutierrez Norwood Brady (TX) Gibbons Maloney Boehlert Hastings (FL) Nussle declares the House in recess until ap- Brown (OH) Gilchrest Manzullo Boswell Hastings (WA) Pallone proximately 6 p.m. today Brown (SC) Gillmor Markey Cannon Houghton Rahall Accordingly (at 3 o’clock and 39 min- Brown, Corrine Gingrey Marshall Carson (OK) Hyde Reyes utes p.m.), the House stood in recess Brown-Waite, Gonzalez Matheson Case Jefferson Rush Ginny Goode Matsui Collins Jones (NC) Schrock until approximately 6 p.m. today. Burgess Goodlatte McCarthy (MO) Cummings Jones (OH) Sweeney McCarthy (NY) f Burns Graves Davis (AL) Kind Towns Burr Green (TX) McCollum Davis (FL) Kleczka Vitter 1801 Burton (IN) Green (WI) McCotter Delahunt Larsen (WA) Weiner b Butterfield Greenwood McCrery DeLauro Lipinski Wilson (NM) AFTER RECESS Buyer Grijalva McDermott Dicks McInnis Wolf Calvert Gutknecht McGovern Dooley (CA) McKeon Young (AK) The recess having expired, the House Camp Hall McHugh was called to order by the Speaker pro Cantor Harman McIntyre Capito Harris McNulty b 1859 tempore (Mr. SIMPSON) at 6 o’clock and Capps Hart Meehan 1 minute p.m. Capuano Hayes Meek (FL) Mr. TERRY and Mr. RANGEL Cardin Hayworth Meeks (NY) changed their votes from ‘‘nay’’ to f Cardoza Hefley Menendez Carson (IN) Hensarling Mica ‘‘yea.’’ ANNOUNCEMENT BY THE SPEAKER Carter Herger Michaud PRO TEMPORE Castle Herseth Millender- So (two-thirds having voted in favor Chabot Hill McDonald thereof) the rules were suspended and The SPEAKER pro tempore. Pursu- Chandler Hinchey Miller (FL) the Senate amendment was concurred ant to clause 8 of rule XX, proceedings Chocola Hinojosa Miller (MI) will resume on the motion to suspend Clay Hobson Miller (NC) in. Clyburn Hoeffel Miller, Gary the rules previously postponed. Coble Hoekstra Miller, George The result of the vote was announced f Cole Holden Mollohan as above recorded. Conyers Holt Moore A motion to reconsider was laid on DIRECTING CLERK OF THE HOUSE Cooper Honda Moran (KS) Costello Hooley (OR) Moran (VA) the table. TO MAKE TECHNICAL CORREC- Cox Hostettler Murphy TIONS IN ENROLLMENT OF H.R. Cramer Hoyer Musgrave Mr. GUTIERREZ. Mr. Speaker, I was un- 4818 Crane Hulshof Myrick avoidably absent today from this chamber. I Crenshaw Hunter Nadler The SPEAKER pro tempore. The Crowley Inslee Napolitano would like the record to show that, had I been pending business is the question of sus- Cubin Isakson Neugebauer present, I would have voted ‘‘yea’’ on rollcall pending the rules and concurring in the Culberson Israel Ney vote 543. Cunningham Issa Northup Senate amendment to the concurrent Davis (CA) Istook Nunes Mr. WOLF. Mr. Speaker, I am on an official resolution, H. Con. Res. 528. Davis (IL) Jackson (IL) Oberstar leave of absence for today because of knee The Clerk read the title of the con- Davis (TN) Jackson-Lee Obey current resolution. Davis, Jo Ann (TX) Olver surgery. Had I been present and voting, I Davis, Tom Jenkins Ortiz would have voted yea on rollcall 543, to sus- The SPEAKER pro tempore. The Deal (GA) John Osborne question is on the motion offered by DeFazio Johnson (CT) Ose pend the rules and pass H. Con. Res. 528, di- the gentleman from Florida (Mr. DeGette Johnson (IL) Otter recting the Clerk of the House of Representa- DeLay Johnson, E. B. Owens YOUNG) that the House suspend the DeMint Johnson, Sam Oxley tives to make corrections in the enrollment of rules and concur in the Senate amend- Deutsch Kanjorski Pascrell H.R. 4818.

VerDate Aug 04 2004 02:34 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00022 Fmt 4636 Sfmt 0634 E:\CR\FM\A06DE7.019 H06PT1 December 6, 2004 CONGRESSIONAL RECORD — HOUSE H10919 REPORT ON RESOLUTION WAIVING director of the National Right to Life Com- SPECIAL ORDERS A REQUIREMENT OF CLAUSE 6(a) mittee. The SPEAKER pro tempore (Mr. The Senate has been the biggest blockade OF RULE XIII WITH RESPECT TO BISHOP of Utah). Under the Speaker’s CONSIDERATION OF CERTAIN to pro-life bills. Republican pickups in this year’s election mean the chamber will have announced policy of January 7, 2003, RESOLUTIONS REPORTED BY about three additional pro-life votes come and under a previous order of the THE RULES COMMITTEE January, Mr. Johnson said. House, the following Members will be Mr. DREIER, from the Committee on He said he hopes the defeat of Senate Mi- recognized for 5 minutes each. Rules, submitted a privileged report nority Leader Tom Daschle, South Dakota f Democrat, might make some pro-choice sen- (Rept. No. 108–795) on the resolution (H. INDEPENDENT THINKING Res. 868) waiving a requirement of ators ‘‘who marched in lock step with the abortion lobby . . . less inclined to get out clause 6(a) of rule XIII with respect to The SPEAKER pro tempore. Under a on thin ice’’ in blocking abortion restric- previous order of the House, the gen- consideration of certain resolutions re- tions. tleman from Iowa (Mr. KING) is recog- ported from the Committee on Rules, Both sides of the abortion debate are an- which was referred to the House Cal- nized for 5 minutes. ticipating a Supreme Court vacancy, par- Mr. KING of Iowa. Mr. Speaker, on endar and ordered to be printed. ticularly after deteriorating health has September 11, 2001, our Nation suffered f forced Chief Justice William H. Rehnquist to miss several sessions. the most horrible attack ever on Amer- WELDON ANTI-WOMAN PROVISION Mr. Johnson said a battle over any Su- ican soil at the hands of those with a IN H.R. 4818 preme Court nominee would take top pri- deep-seated, enduring hatred for free- (Ms. SLAUGHTER asked and was ority for his group. dom. Since that day, every one of us has given permission to address the House Vicki Saporta, president of the National Abortion Federation, also said a Supreme been anxious to do whatever we can to for 1 minute and to revise and extend Court vacancy would be a ‘‘huge priority’’ protect our Nation’s security. We have her remarks and include therein extra- for her side. She promised a ‘‘tremendous made great strides in this direction neous material.) fight’’ over any nominee who would ‘‘turn over the past 3 years, and much of the Ms. SLAUGHTER. Mr. Speaker, I rise back the clock’’ on abortion or other rights. bill currently being considered seeks to to express my outrage about a dan- Until that fight erupts, however, the pro- capitalize on the success of the policies gerous antiwoman provision that is in life lobby will focus on other legislation. One priority, introduced as a bill for the of the Bush administration. this omnibus bill. I know that is not When 9/11 Commission Vice Chair Lee going to be changed, but I do want all first time in May, would require doctors to tell women seeking abortions after 20 weeks Hamilton and Commission member women in America to know what is Slade Gorton testified before the Com- coming for them. about the capacity of the fetus to feel pain and offer the option of pain-reducing drugs. mittee on the Judiciary, I promised Let us say a woman is the unfortu- The fetal-pain issue garnered interest dur- that I would carefully analyze any pro- nate victim of a partial spontaneous ing a federal court case in New York, in posal that would come before this Con- abortion. Under the law that has been which the government was defending the fed- gress to ensure that independence and passed now in the United States, that eral ban on late-term partial-birth abortions. ingenuity are preserved and that any woman may not go to the hospital and The judge in that case said the defense pre- intelligence-gathering entity or enti- have that completed unless the hos- sented ‘‘credible evidence’’ that a fetus feels ties are not susceptible to groupthink. pital wants to do so. Presently, the law pain. The creation of the National Intel- Mr. Johnson said there is growing support requires that a woman be taken care ligence Director in this bill is precisely of; but even if a woman’s life is at for the fetal pain bill in the House, and he hopes it can pass both chambers this term. the formula for groupthink. stake, even if she is going to die, the A bill returning to the scene next session b 1900 hospital does not have to do it. would make it a federal crime to circumvent Now, what happens if the hospital a state’s parental-notification law by trans- I absolutely believe the sharing of in- does it in defiance of what this law porting a pregnant teen across the state line formation is essential, but a National says? They then put into jeopardy for an abortion without parental involve- Intelligence Director with budget con- every cent of money they bring in from ment. trol and hiring and firing authority the Labor-HHS bill, which would in- The measure passed the House three times will create the climate for top-down clude all their State Children’s Health but stalled in the Senate. groupthink. This groupthink will Insurance money, all their Head Start Miss Saporta said the fetal-pain bill is eliminate the competition of ideas and money, all their child care develop- ‘‘part of their campaign to separate the fetus hinder innovation and creativity. Next from the woman.’’ ment block grant money, all social time, it will not matter how faulty the Although the teen-transport bill likely will services money, and perhaps all senior information sharing, but a matter of be introduced in both chambers, she said, the information not being generated or nutrition programs. This is really dra- passage would ‘‘put the most vulnerable conian when it comes to saving a wom- teens at risk’’ by forcing those in dangerous discovered to begin with. Instead of an’s life. family situations to involve their parents in seeking to create out-of-the-box, non- States will not be allowed anymore abortion decisions and by making other fam- linear thinking, creative, effective in- to require an HMO that is participating ily members criminals if they intervene. telligence organizations, this legisla- in Medicaid to either cover abortions Connie Mackey, vice president for govern- tion is carving square pegs to fit into for a rape victim or tell them that they ment affairs for the Family Research Coun- round holes. It is impossible not to cil, said her group also will push a ban on reach the conclusion that groupthink are eligible to get services and where cloning human embryos for any purpose. to get it. What a step backwards for is the inevitable result of the 9/11 Com- The legislation stalled last session, but mission NID proposal. the United States. House and Senate sponsors plan to bring Mr. Speaker, I am submitting for the We need to establish open channels of back their bills next session. ‘‘We will be information-sharing between agencies, RECORD an article from today’s Wash- working hard’’ to pass them, Mrs. Mackey ington Times announcing what is yet said. but not cripple them with top-down to come. She said her group will fight for more fed- control. The testimony both before and by the 9/11 Commission established [From the Washington Times, Dec. 6, 2004] eral funding for adult stem-cell research, as a more promising alternative to embryonic that there was not a single model of an PRO-LIFERS SET SIGHTS ON NEW CONGRESS stem-cell research. Pro-life lawmakers also intelligence culture that got it right. (By Amy Fagan) are considering proposals to regulate abor- We must find the models we can use to The pro-life movement, which helped pass tion clinics and ban or limit RU–486, a home create the types of agencies that can several initiatives in the 108th Congress, drug treatment that induces an abortion. think outside the box. thinks Republican gains in the Senate will Miss Saporta said she also suspects con- Just as importantly, our national se- servative lawmakers will try to ban or limit aid the chances for bills to enforce state pa- curity begins at our borders. H.R. 10 in- rental notification laws and to alert preg- RU–486 but predicted they will fail. nant women about fetal pain. ‘‘It will be somewhat easier for anti-choice cluded many immigration reforms that ‘‘There is enough of a shift that we think forces to pass further restrictions on abor- would have greatly improved the secu- bills such as these two . . . have a real tion, but they won’t be successful in all of rity of the United States. The con- chance,’’ said Douglas Johnson, legislative their initiatives,’’ she said. ference committee either completely

VerDate Aug 04 2004 01:50 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00023 Fmt 4636 Sfmt 0634 E:\CR\FM\K06DE7.050 H06PT1 H10920 CONGRESSIONAL RECORD — HOUSE December 6, 2004 removed most of those provisions or Miners were forced, in those days, to Tens of thousands of Ohioans worked mutilated them beyond recognition. provide for their own protection. No feverishly for months to help change They removed a requirement that all mine safety laws. No trade unions able our Nation’s course because of their people entering the U.S. must provide to help. No real support from their gov- moral values, because of their faith in secure verification of their identities ernment. God, because of their belief in our Na- and citizenship; a requirement that A baby born a hundred years ago in tion’s history of taking care of the people present secure identification to those days had a life expectancy of least among us. establish their identity to Federal em- about 47 years. Today, because of pub- In no way do I question the faith of ployees. They took out provisions lic health initiatives, worker safety my political opponents, but I am weary which would have expedited the re- laws, Medicare, Social Security, and of the far right’s claim that they are moval of illegal aliens and prevented other new laws, protections for chil- the only ones guided by the hand of terrorists from obtaining asylum. dren and minorities and the disabled, God. They stripped a provision that would we live decades longer. My understanding of the teachings of have cut down on excessive judicial re- Every bit of progress in the struggle Christ, my religious upbringing, call view of the deportations of criminal for economic and social justice, often me to walk a different path and to ex- aliens. They cut a provision which rooted in our Judeo-Christian beliefs, press and act upon my faith in the would have mandated that dangerous prevailed over the opposition of soci- cause of social and economic justice. ety’s most privileged and most power- aliens who cannot be deported be de- ful. f tained. They chopped a section that Today, those struggles continue. Our The SPEAKER pro tempore. Under a would have imposed criminal penalties fight, in this chamber, for seniors who previous order of the House, the gen- for false claims of citizenship. are forced to choose between medicine tleman from Kentucky (Mr. WHITFIELD) Finally, the issue that has received and food and our fight against the is recognized for 5 minutes. the most attention lately, they cut a large pharmaceutical companies’ greed (Mr. WHITFIELD addressed the provision that would have barred ille- is our understanding of the Holy Word. House. His remarks will appear here- gal aliens from obtaining driver’s li- Our opposition to tax cuts for Amer- after in the Extensions of Remarks.) censes. ica’s most privileged adults and Head f After all of this, they told the people Start cuts afflicting our least privi- The SPEAKER pro tempore. Under a who lost their loved ones on September leged children follow from the teach- previous order of the House, the gen- 11 that those who are truly seeking to ings of Christ. tleman from Indiana (Mr. BURTON) is improve their safety are the ones hold- George Bush approved more than 150 recognized for 5 minutes. ing this bill up in conference. executions, one every 2 weeks of his (Mr. BURTON of Indiana addressed This is not a time for partisan poli- governorship in Texas. Our opposition the House. His remarks will appear tics or turf wars. If the goal here is to the death penalty is grounded in the hereafter in the Extensions of Re- truly to improve the security of our Scriptures. marks.) Our belief that government programs Nation as best we can, we cannot stifle f intelligence activities nor ignore the like Medicare and Social Security and mammoth threat pouring through our Medicaid, not privatized imitations of SMART SECURITY AND ROOT borders and living among us. them, our belief in those programs CAUSES OF IRAQI INSURGENCY I urge my colleagues to join me in re- should serve all Americans bespeaks a The SPEAKER pro tempore. Under a fusing to settle for a bill that does not faith in the greatness of our country previous order of the House, the gentle- do all it can to improve the safety of and its ability and willingness to lift woman from California (Ms. WOOLSEY) those who sent us here to represent up all its children. is recognized for 5 minutes. them. As we have seen over the last 4 years, Ms. WOOLSEY. Mr. Speaker, not all Republicans campaign to their reli- f Members of Congress supported the war gious friends on their moral values, in Iraq, but we all have to live with its DEMOCRATS’ MORAL VALUES mostly opposition to abortion and gay consequences. The global havoc The SPEAKER pro tempore (Mr. rights, and then govern for and with wreaked by this war will affect the BISHOP of Utah). Under a previous their corporate allies and contributors. world in ways that we can only imag- order of the House, the gentleman from On the floor of the House of Rep- ine today. Ohio (Mr. BROWN) is recognized for 5 resentatives, in the light of day, we Let us not forget that more than minutes. hear much talk about moral values, 1,200 American soldiers have been Mr. BROWN of Ohio. Mr. Speaker, but in the committee rooms and the killed in Iraq. Over 9,000 have been cloakrooms, in the halls and in the last month Ohio Democrats took our wounded, and an estimated 16,000 Iraqi hideaways, choices are made by Repub- moral values to the polls. civilians have been killed as a result of lican leaders that run counter to the For many of us, our faith guided us, this war. In fact, 16,000 is probably a teachings of Christ and Mohammed and and our final vote for President was far very low estimate. the Jewish prophets and fly in the face too close to declare, my State, a State The growing Iraqi insurgency, like of the values upon which our Nation full of evangelical fundamentalists. the global War on Terror, cannot be was founded. For many of us, moral values are This Congress hurts families by won by being stronger than the insur- grounded in our religious faith. underfunding Leave No Child Behind gents. We cannot win this war with My Lutheran upbringing instructs and college student loans, while giving guns and bombs, because for every in- me and my fellow Christians in the tax cuts to the wealthiest among us. surgent we kill, three more sign up. We teachings of Jesus, to read and to fol- This Congress hurts the elderly by have to be smarter than the insur- low as best we can the words of the Be- defeating legislation to bring down the gents. We are going to win this battle atitudes, to try to live our lives and price of prescription drugs and then of conflicting ideologies only if we use practice our politics as Jesus would passing a Medicare bill that further en- our good senses and our good hearts. have wanted us to. riches their drug and insurance com- We know that the anger at the heart For others of us, those moral values pany contributors. of the Iraqi insurgency stems from, at take the form of a faith in our coun- This Congress hurts God’s earth when least in part, a deep resentment over try’s greatness to solve our most press- it caves to the energy companies and the American presence in their coun- ing problems of racial inequality, inac- the oil companies. try. After years of Saddam Hussein’s cessible health care, poverty of mil- This Congress hurts our communities totalitarian regime, the Iraqi people lions of American children and the war when it gives tax breaks to encourage see the United States as just another in Iraq. the largest corporations to outsource occupying force. For several years, I have worn a lapel their jobs. We have to make a choice in Iraq. Do pin depicting a canary in a cage. A cen- And this Congress hurts our grand- we want to address the root causes of tury ago, miners took a canary into children when it loads huge burdens of the insurgency or do we want to con- the mines to warn them of toxic gases. debt on future generations. tinue down our current path, shooting

VerDate Aug 04 2004 01:50 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00024 Fmt 4636 Sfmt 0634 E:\CR\FM\K06DE7.053 H06PT1 December 6, 2004 CONGRESSIONAL RECORD — HOUSE H10921 and bombing everything in sight and The SPEAKER pro tempore. Under a migration laws as a way to protect our country perpetually fighting a losing battle for previous order of the House, the gen- from terrorist attacks, and this did not begin the hearts and minds of the Iraqi peo- tleman from Maryland (Mr. VAN with the terrorist attack on September 11, ple? HOLLEN) is recognized for 5 minutes. 2001. Serious efforts in this regard were going We must reopen the debate about the (Mr. VAN HOLLEN addressed the on long before that happened. For instance, situation in Iraq to determine why our House. His remarks will appear here- partly in response to the 1993 World Trade current policies are not working. We after in the Extensions of Remarks.) Center bombing, Congress strengthened the must figure out why the insurgency f anti-terrorism provisions in the Immigration continues to grow despite our military The SPEAKER pro tempore. Under a and Nationality Act, the INA, and passed pro- efforts. Only through a robust, public previous order of the House, the gen- visions that were expected to ramp up en- dialogue can we begin to get to the bot- forcement activities, notably in the Illegal Im- tleman from Wisconsin (Mr. KIND) is tom of these questions. recognized for 5 minutes. migration Reform and Immigrant Responsibility To address the root cause of ter- (Mr. KIND addressed the House. His Act, IIRIRA, of 1996, Public Law 104–208, and rorism around the world, such as the remarks will appear hereafter in the the Antiterrorism and Effective Death Penalty current insurgency in Iraq, I have in- Extensions of Remarks.) Act, Public Law 104–132. troduced H. Con. Res. 392, a SMART The INA gives the government broad au- Security Resolution for the 21st Cen- f thority to arrest and detain aliens in the United tury. SMART stands for sensible, mul- The SPEAKER pro tempore. Under a States who are suspected terrorists or who tilateral, American response to ter- previous order of the House, the gen- are suspected of supporting terrorist organiza- rorism. tleman from Illinois (Mr. EMANUEL) is tions, as well as aliens who have violated SMART security calls for the United recognized for 5 minutes. other provisions of immigration law. This was States to address the root causes of (Mr. EMANUEL addressed the House. augmented by a mandatory detention provi- terrorism by engaging our United Na- His remarks will appear hereafter in sion that we added with the U.S. PATRIOT tions partners, by engaging also the the Extensions of Remarks.) Act. world humanitarian community and all f More than 1,200 people reportedly were de- of our United States allies in the inter- The SPEAKER pro tempore. Under a tained after September 11. Some experts sup- national and civilian-led reconstruc- previous order of the House, the gen- port a broadening of the authority to arrest tion and political transition processes tleman from Michigan (Mr. STUPAK) is and detain aliens in the United States who are that we are involved in. recognized for 5 minutes. suspected terrorists or who are suspected of Can my colleagues imagine what Iraq (Mr. STUPAK addressed the House. supporting terrorist organizations. might look like if, instead of rushing His remarks will appear hereafter in I believe that current law will be adequate to invade the country, we had waited the Extensions of Remarks.) with minimal changes. I am concerned that just a few months and continued to en- f further expansion may erode individual rights gage the rest of the world community and that, as a result, innocent foreign nation- in the weapons inspection process? We WHY IS IT SO URGENT THAT WE als may be detained and deported. would have learned that Iraq did not PASS AN INTELLIGENCE RE- Unfortunately, the House bill to implement possess weapons of mass destruction. FORM BILL the Commission’s recommendations included We would have prevented the deaths of The SPEAKER pro tempore. Under a a number of extraneous provisions that dealt thousands of American troops and in- previous order of the House, the gentle- with immigration reform issues rather than with nocent Iraqi civilians. woman from Texas (Ms. JACKSON-LEE) the need to secure our country against further Imagine if, after the invasion, we had is recognized for 5 minutes. terrorist attacks. allowed other Nations and the U.N. to Ms. JACKSON-LEE of Texas. Mr. Speaker, For instance, it included court stripping pro- partner with the United States in en- there are few times when a bipartisan bill—of visions to reduce access to Federal court re- gaging the Iraqis in the reconstruction such substance and urgency, comes to the view from adverse decisions in immigration re- program. We would not be faced with House that will truly benefit the safety and se- moval proceedings. It had a provision to take billions of dollars of debt because the curity of the American people as we have in away the power of a Federal court judge to finances of cleanup would have been this instance. The intelligence bill that is sitting stay an alien appellant’s removal pending the offset by dozens of other donor Na- in our Chambers, H.R. 10/S. 2845, must be outcome of his appeal proceedings. It pro- tions. passed before we close for 2004. vided for greatly expanding the use of expe- SMART security calls for increased I urge my colleagues to join me in urging dited removal proceedings, which would have developmental aid for programs that our colleagues to pass this bill and avoid im- enabled the Government to remove thousands are integrated with peace building and minent dereliction of duty. of undocumented aliens without hearings or conflict prevention measures. Unfortu- This week may be our last chance this year due process of any kind. It even had a provi- nately, we are struggling to provide to consider and pass this overwhelmingly pop- sion permitting the government to deport funds for Iraqi’s development because ular bipartisan measure. This sweeping bill in- aliens to countries where they would be tor- we are too busy paying for military op- cludes the creation of a national intelligence tured—in direct violation of the Convention erations, and the insurgents are busy director to oversee the Central Intelligence Against Torture. working against our every effort in Agency, a plan with which even our President This troubled the 9/11 Commissioners to the that regard. agrees. point where they wrote letters to the Congress Already, the White House has asked Given the recent vulnerabilities that we have encouraging us to put these contentious Congress to pilfer $3 billion from Iraq’s experienced in bioterrorism defense with the issues aside so that we could move forward reconstruction funds in order to pay shortage of flu vaccinations and the recent with the serious business of implementing for military operations. That request discovery that 380 tons of explosive material their recommendations. represents a complete failure to ade- in Iraq remains unaccounted for, it is more I am pleased that bipartisanship and a quately plan and prepare for this war. than critical for this body to pass the intel- sense of responsibility prevailed in the end as Mr. Speaker, the United States must ligence reform legislation now—while we have far as the joint conference is concerned. The stop engaging in this reckless national an opportunity. The families of the fallen vic- extraneous provisions I just mentioned have security strategy, a strategy whose tims are looking to us for leadership and re- been removed from the bill. The final product current path only encourages future sponsible action. is worthy of the outstanding effort that the terrorist activities. This bill would pass easily in the House of Commission put into analyzing the horrific It is time we pursued a SMART secu- Representatives if our Speaker would overrule events of September 11, 2001. While I recog- rity strategy for America, a strategy its opponents and schedule a vote. Further- nize that it does not fully implement the rec- that will secure Iraq, a strategy that more, the companion Senate measure has ommendations of the Commission in every re- will keep America safe and secure for sufficient support for passage. spect, it is a major effort to move forward with the future, because, if we do not, all we I believe very strongly that immigration does the essential elements of the Commission’s will be left with are the consequences not equate with terrorism. Nevertheless, we recommendations. We must consider and of our current failed policies. continue to look to the enforcement of our im- pass this legislation now.

VerDate Aug 04 2004 02:34 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00025 Fmt 4636 Sfmt 0634 E:\CR\FM\K06DE7.057 H06PT1 H10922 CONGRESSIONAL RECORD — HOUSE December 6, 2004 The SPEAKER pro tempore. Under a money they send to us. As the Presi- he had approved and signed bills and previous order of the House, the gentle- dent is fond of saying, it is not our joint resolutions of the House of the woman from New York (Mrs. MALONEY) money. It belongs to the taxpayers. following titles: is recognized for 5 minutes. And the taxpayers are right to demand September 24, 2004: (Mrs. MALONEY addressed the better government policy. H.R. 361. An Act to designate certain con- House. Her remarks will appear here- I urge the Speaker to uphold the duct by sports agents relating to the signing after in the Extensions of Remarks.) House’s own rules on conference re- of contracts with student athletes as unfair ports. Give us a chance to read bills be- and deceptive acts or practices to be regu- f lated by the Federal Trade Commission. fore we have to vote on them, and give H.R. 3908. An Act to provide for the con- OUR APPROPRIATIONS PROCESS IS the American people a chance to have BROKEN veyance of the real property located at 1081 a free and open debate on how their West Main Street,in Ravenna, Ohio. The SPEAKER pro tempore. Under a taxpayer dollars are spent. H.R. 5008. An Act to provide an additional previous order of the House, the gentle- f temporary extension of programs under the woman from California (Ms. WATSON) Small Business Act and the Small Business is recognized for 5 minutes. LEAVE OF ABSENCE Investment Act of 1958 through September Ms. WATSON. Mr. Speaker, today, By unanimous consent, leave of ab- 30, 2004, and for other purposes. September 30, 2004: the House Republican leadership is sence was granted to: H.R. 5149. An Act to reauthorize the Tem- clearing up a mess they made three Mr. ABERCROMBIE (at the request of porary Assistance for Needy Families block weeks ago. Ms. PELOSI) for today and the balance grant program through March 31, 2005, and On November 20, 2004, House Repub- of the week on account of medical rea- for other purposes. licans sent to the floor another un- sons. H.R. 5183. An Act to provide an extension wieldy omnibus spending bill, 2 months Mr. BACA (at the request of Ms. of highway, highway safety, motor carrier late and billions of dollars short for PELOSI) for today on account of per- safety, transit, and other programs funded sonal reasons. out of the Highway Trust Fund pending en- America’s education, health care and actment of a law reauthorizing the Transpor- Mr. DAVIS of Alabama (at the request homeland security needs. It was not tation Equity Act for the 21st Century. until the last moment that we discov- of Ms. PELOSI) for today and the bal- H.J. Res. 107. Joint Resolution making ered that Republicans had slipped in a ance of the week on account of illness. continuing appropriations for the fiscal year hidden provision that would have let Mr. KIND (at the request of Ms. 2005, and for other purposes. Congress read the tax returns of any PELOSI) for today on account of weath- October 4, 2004: H.R. 1308. An Act to amend the Internal individual American taxpayer and re- er and travel delays. Mr. REYES (at the request of Ms. Revenue Code of 1986 to provide tax relief for veal the contents to the public, with no working families, and for other purposes. PELOSI) for today on account of per- penalties for committing such a fla- October 5, 2004: grant violation of privacy. sonal reasons. H.R. 265. An Act to provide for an adjust- Republicans quickly and vocally Mr. BOEHLERT (at the request of Mr. ment of the boundaries of Mount Rainier Na- distanced themselves from this provi- DELAY) for today on account of per- tional Park, and for other purposes. sion, and I have no doubt that my Re- sonal reasons. H.R. 1521. An Act to provide for additional Mr. WOLF (at the request of Mr. lands to be included within the boundary of publican colleagues were as ashamed as the Johnstown Flood National Memorial in I was that this provision almost be- DELAY) for today on account of knee surgery. the State of Pennsylvania, and for other pur- came law. But where the Republican poses. leadership continues to fail is by f H.R. 1616. An Act to authorize the ex- claiming this is an isolated mistake. SPECIAL ORDERS GRANTED change of certain lands within the Martin Luther King, Junior, National Historic Site The ugly truth is that it is a symptom By unanimous consent, permission to of a legislative process that is broken. for lands owned by the City of Atlanta, Geor- address the House, following the legis- gia, and for other purposes. In a democracy, the legislative proc- lative program and any special orders H.R. 1648. An Act to authorize the Sec- ess relies on free and open exchange of heretofore entered, was granted to: retary of the Interior to convey certain ideas. After the final rollcall, there are (The following Members (at the re- water distribution systems of the Cachuma winners and there are losers, but the Project, California, to the Carpinteria Valley quest of Mr. BROWN of Ohio) to revise system works because all sides know Water District and the Montecito Water Dis- and extend their remarks and include trict. that the issues were debated openly, extraneous material:) and the results were reached fairly. H.R. 1658. An Act to amend the Railroad Mr. BROWN of Ohio, for 5 minutes, Right-of-Way Conveyance Validation Act to The process Congress has used to today. validate additional conveyances of certain fund our government for the past 3 Ms. WOOLSEY, for 5 minutes, today. lands in the State of California that form years falls short of this ideal. In fact, it Mr. VAN HOLLEN, for 5 minutes, part of the right-of-way granted by the does not even come close. A few Repub- today. United States to facilitate the construction lican leaders work day and night, be- Mr. KIND, for 5 minutes, today. of the transcontinental railway, and for hind closed doors, to prepare a docu- Mr. EMANUEL, for 5 minutes, today. other purposes. H.R. 1732. An Act to amend the Reclama- ment thousands of pages long. Then, Mr. STUPAK, for 5 minutes, today. the report is filed in the middle of the tion Wastewater and Groundwater Study and Ms. JACKSON-LEE of Texas, for 5 min- Facilities Act to authorize the Secretary of night, and Members are asked to vote utes, today. the Interior to participate in the Williamson on it the following morning. The peo- Mrs. MALONEY, for 5 minutes, today. County, Texas, Water Recycling and Reuse ple’s elected representatives are forced Ms. WATSON, for 5 minutes, today. Project, and for other purposes. to cast votes on a bill that funds half of (The following Members (at the re- H.R. 2696. An Act to establish Institutes to the Federal Government, yet few peo- quest of Mr. KING of Iowa) to revise and demonstrate and promote the use of adaptive ple have actually read it. extend their remarks and include ex- ecosystem management to reduce the risk of traneous material:) wildfires, and restore the health of fire- b 1915 adapted forest and woodland ecosystems of Mr. WHITFIELD, for 5 minutes, today The result is inevitable: bad law. the interior West. and December 7. H.R. 3209. An Act to amend the Reclama- Sometimes it is dramatically bad, like Mr. BURTON of Indiana, for 5 minutes, tion Project Authorization Act of 1972 to the sneak-and-peek tax provision in today and December 7, 8, 9, and 10. clarify the acreage for which the North Loup this year’s bill. But more often it is Mr. KING of Iowa, for 5 minutes, division is authorized to provide irrigation boringly bad: billions wasted on the today. water under the Missouri River Basin project. wrong priorities, monies that could go f to education, health care, or Homeland H.R. 3249. An Act to extend the term of the Security instead going to someone’s HOUSE BILLS AND JOINT RESOLU- Forest Counties Payments Committee. H.R. 3389. An Act to amend the Stevenson- pet boondoggle. But just because it is TIONS APPROVED BY THE PRESI- DENT Wydler Technology Innovation Act of 1980 to boring does not make it any better. permit Malcolm Baldrige National Quality Mr. Speaker, we owe the American The President notified the Clerk of Awards to be made to nonprofit organiza- taxpayer better accountability of the the House that on the following dates tions.

VerDate Aug 04 2004 01:50 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00026 Fmt 4636 Sfmt 0634 E:\CR\FM\K06DE7.063 H06PT1 December 6, 2004 CONGRESSIONAL RECORD — HOUSE H10923 H.R. 3768. An Act to expand the Timucuan grams aimed at increasing and diversifying H.R. 3797. An Act to authorize improve- Ecological and Historic Preserve, Florida. domestic water resources. ments in the operations of the government of October 6, 2004: H.R. 3858. An Act to amend the Public the District of Columbia, and for other pur- H.R. 4654. An Act to reauthorize the Trop- Health Service Act to increase the supply of poses. ical Forest Conservation Act of 1998 through pancreatic islet cells for research, and to H.R. 3819. An Act to redesignate Fort fiscal year 2007, and for other purposes. provide for better coordination of Federal ef- Clatsop National Memorial as the Lewis and October 13, 2004: forts and information on islet cell transplan- Clark National Historical Park, to include in H.R. 4837. An Act making appropriations tation. the park sites in the State of Washington as for military construction, family housing, H.R. 4175. An Act to increase, effective as well as the State of Oregon, and for other and base realignment and closure for the De- of December 1, 2004, the rates of disability purposes. partment of Defense for the fiscal year end- compensation for veterans with service-con- H.R. 4046. An Act to designate the facility ing September 30, 2005, and for other pur- nected disabilities and the rates of depend- of the United States Postal Service located poses. ency and indemnity compensation for sur- at 555 West 180th Street in New York, New October 16, 2004: vivors of certain service-connected disabled York, as the ‘Sergeant Riayan A. Tejeda H.R. 982. An Act to clarify the tax treat- veterans, and for other purposes. Post Office’. ment of bonds and other obligations issued H.R. 4278. An Act to amend the Assistive H.R. 4066. An Act to provide for the con- by the Government of American Samoa. Technology Act of 1998 to support programs veyance of certain land to the United States H.R. 2408. An Act to amend the Fish and of grants to States to address the assistive and to revise the boundary of Chickasaw Na- Wildlife Act of 1956 to reauthorize volunteer technology needs of individuals with disabil- tional Recreation Area, Oklahoma, and for programs and community partnerships for ities, and for other purposes. other purposes. national wildlife refuges and for other pur- H.R. 4555. An Act to amend the Public H.R. 4306. An Act to amend section 274A of poses. Health Service Act to revise and extend pro- the Immigration and Nationality Act to im- H.R. 2771. An Act to amend the Safe Drink- visions relating to mammography quality prove the process for verifying an individ- ing Water Act to reauthorize the New York standards. ual’s eligibility for employment. City Watershed Protection Program. H.R. 5185. An Act to temporarily extend H.R. 4381. An Act to designate the facility H.R. 4115. An Act to amend the Act of No- the programs under the Higher Education of the United States Postal Service located vember 2, 1966 (80 Stat. 1112), to allow bind- Act of 1965. at 2811 Springdale Avenue in Springdale, Ar- ing arbitration clauses to be included in all October 28, 2004: kansas, as the ‘‘Harvey and Bernice Jones contracts affecting the land within the Salt H.R. 4200. An Act to authorize appropria- Post Office Building’’. River Pima-Maricopa Indian Reservation. tions for the fiscal year 2005 for military ac- H.R. 4471. An Act to clarify the loan guar- H.R. 4259. An Act to amend title 31, United tivities of the Department of Defense, for antee authority under title VI of the Native States Code, to improve the financial ac- military construction, and for defense activi- American Housing Assistance and Self-De- countability requirements applicable to the ties of the Department of Energy, to pre- termination Act of 1996. Department of Homeland Security, to estab- scribe personnel strengths for such fiscal H.R. 4481. An Act to amend Public Law 86– lish requirements for the Future Years year for the Armed Forces, and for other 434 establishing Wilson’s Creek National Bat- Homeland Security Program of the Depart- purposes. tlefield in the State of Missouri to expand ment, and for other purposes. October 30, 2004: the boundaries of the park, and for other H.R. 5105. An Act to authorize the Board of H.R. 712. An Act for the relief of Richi purposes. Regents of the Smithsonian Institution to James Lesley. H.R. 4556. An Act to designate the facility carry out construction and related activities H.R. 867. An Act for the relief of of the United States Postal Service located in support of the collaborative Very Ener- Durreshahwar Durreshahwar, Nida Hasan, at 1115 South Clinton Avenue in Dunn, North getic Radiation Imaging Telescope Array Asna Hasan, Anum Hasan, and Iqra Hasan. Carolina, as the ‘‘General William Carey Lee H.R. 2010. An Act to protect the voting System (VERITAS) project on Kitt Peak Post Office Building’’. rights of members of the Armed Services in H.R. 4579. An Act to modify the boundary near Tucson, Arizona. elections for the Delegate representing of the Harry S Truman National Historic October 18, 2004: American Samoa in the United States House Site in the State of Missouri, and for other H.R. 4011. An Act to promote human rights of Representatives, and for other purposes. purposes. and freedom in the Democratic People’s Re- H.R. 2023. An Act to give a preference re- H.R. 4618. An Act to designate the facility public of Korea, and for other purposes. garding States that require schools to allow of the United States Postal Service located H.R. 4567. An Act making appropriations students to self-administer medication to at 10 West Prospect Street in Nanuet, New for the Department of Homeland Security for treat that student’s asthma or anaphylaxis, York, as the ‘‘Anthony I. Lombardi Memo- the fiscal year ending September 30, 2005, and and for other purposes. rial Post Office Building’’. for other purposes. H.R. 2400. An Act to amend the Organic H.R. 4632. An Act to designate the facility H.R. 4850. An Act making appropriations Act of Guam for the purposes of clarifying of the United States Postal Service located for the government of the District of Colum- the local judicial structure of Guam. at 19504 Linden Boulevard in St. Albans, New bia and other activities chargeable in whole H.R. 2984. An Act to amend the Agricul- York, as the ‘‘Archie Spigner Post Office or in part against the revenues of said Dis- tural Adjustment Act to remove the require- Building’’. trict for the fiscal year ending September 30, ment that processors be members of an agen- H.R. 4731. An Act to amend the Federal 2005, and for other purposes. cy administering a marketing order applica- Water Pollution Control Act to reauthorize October 20, 2004: ble to pears. the National Estuary Program. H.R. 854. An Act to provide for the pro- H.R. 3056. An Act to clarify the boundaries H.R. 4827. An Act to amend the Colorado motion of democracy, human rights, and rule of the John H. Chafee Coast Barrier Re- Canyons National Conservation Area and of law in the Republic of Belarus and for the sources System Cedar Keys Unit P25 on Oth- Black Ridge Canyons Wilderness Act of 2000 consolidation and strengthening of Belarus erwise Protected Area P25P. to rename the Colorado Canyons National sovereignty and independence. H.R. 3217. An Act to provide to the convey- Conservation Area as the McInnis Canyons October 21, 2004: ance of several small parcels of National National Conservation Area. H.R. 5122. An Act to amend the Congres- Forest System land in the Apalachicola Na- H.R. 4917. An Act to amend title 5, United sional Accountability Act of 1995 to permit tional Forest, Florida, to resolve boundary States Code, to authorize appropriations for members of the Board of Directors of the Of- discrepancies involving the Mt. Trial Primi- the Administrative Conference of the United fice of Compliance to serve for 2 terms. tive Baptist Church of Wakulla County, States for fiscal years 2005, 2006, and 2007, October 22, 2004: Florida, and for other purposes. and for other purposes. H.R. 4520. An Act to amend the Internal H.R. 3391. An Act to authorize the Sec- H.R. 5027. An Act to designate the facility Revenue Code of 1986 to remove impediments retary of the Interior to convey certain lands of the United States Postal Service located in such Code and make our manufacturing, and facilities of the Provo River Project. at 411 Midway Avenue in Mascotte, Florida, service, and high-technology businesses and H.R. 3478. An Act to amend title 44, United as the ‘‘Specialist Eric Ramirez Post Office’’. workers more competitive and productive States Code, to improve the efficiency of op- H.R. 5039. An Act to designate the facility both at home and abroad. erations by the National Archives and of the United States Postal Service located October 25, 2004: Records Administration and to reauthorize at United States Route 1 in Ridgeway, North H.R. 1533. An Act to amend the securities the National Historical Publications and Carolina, as the ‘‘Eva Holtzman Post Office’’. laws to permit church pension plans to be in- Records Commission. H.R. 5051. An Act to designate the facility vested in collective trusts. H.R. 3479. An Act to provide for the control of the United States Postal Service located H.R. 2608. An Act to reauthorize the Na- and eradication of the brown tree snake on at 1001 Williams Street in Ignacio, Colorado, tional Earthquake Hazards Reduction Pro- the island of Guam and the prevention of the as the ‘‘Leonard C. Burch Post Office Build- gram, and for other purposes. introduction of the brown tree snake to ing’’. H.R. 2714. An Act to reauthorize the State other areas of the United States, and for H.R. 5107. An Act to protect crime victims’ Justice Institute. other purposes. rights, to eliminate the substantial backlog H.R. 2828. An Act to authorize the Sec- H.R. 3706. An Act to adjust the boundary of of DNA samples collected from crime scenes retary of the Interior to implement water the John Muir National Historic Site, and and convicted offenders, to improve and ex- supply technology and infrastructure pro- for other purposes. pand the DNA testing capacity of Federal,

VerDate Aug 04 2004 01:50 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00027 Fmt 4636 Sfmt 0634 E:\CR\FM\A06DE7.030 H06PT1 H10924 CONGRESSIONAL RECORD — HOUSE December 6, 2004 State, and local crime laboratories, to in- ervation and interpretation of historic sites Coretta Scott King in recognition of their crease research and development of new DNA of the Manhattan Protect for potential in- contributions to the Nation on behalf of the testing technologies, to develop new training clusion in the National Park System. civil rights movement. programs regarding the collection and use of S. 1814. An Act to transfer federal lands be- S. 2864. An Act to extend for eighteen DNA evidence, to provide post-conviction tween the Secretary of Agriculture and the months the period for which chapter 12 of testing of DNA evidence to exonerate the in- Secretary of the Interior. title 11, United States Code, is reenacted. nocent, to improve the performance of coun- S. 2052. An Act to amend the National S. 2883. An Act to amend the International sel in State capital cases, and for other pur- Trails System Act to designate El Camino Child Abduction Remedies Act to limit the poses. Real de los Tejas as a National Historic tort liability of private entities or organiza- H.R. 5131. An Act to provide assistance to Trail. tions that carry out responsibilities of Special Olympics to support expansion of S. 2180. An Act to direct the Secretary of United States Central Authority under that Special Olympics and development of edu- Agriculture to exchange certain lands in the Act. cation programs and a Healthy Athletes Pro- Arapaho and Roosevelt National Forests in S. 2896. An Act to modify and extend cer- gram, and for other purposes. the State of Colorado. tain privatization requirements of the Com- H.R. 5133. An Act to designate the facility S. 2319. An Act to authorize and facilitate munications Satellite Act of 1962. of the United States Postal Service located hydroelectric power licensing of the Tapoco October 27, 2004: at 11110 Sunset Hills Road in Reston, Vir- Project. S. 1134. An Act to reauthorize and improve ginia, as the ‘‘Murtha Pennino Post Office S. 2363. An Act to revise and extend the the programs authorized by the Public Building’’. Boys and Girls Clubs of American. Works and Economic Development Act of H.R. 5147. An Act to designate the facility S. 2508. An Act to redesignate the Ridges 1965. of the United States Postal Service located Basin Reservoir, Colorado, as Lake S. 1721. An Act to amend the Indian land at 23055 Sherman Way in West Hills, Cali- Nighthorse. Consolidation Act to improve provisions re- fornia, as the ‘‘Evan Asa Ashcraft Post Of- October 20, 2004: lating to probate of trust and restricted fice Building’’. S. 2895. An Act to authorize the Gateway land, and for other purposes. H.R. 5186. An Act to reduce certain special Arch in St. Louis, Missouri, to be illumi- October 30, 2004: S. 129. An Act to provide for reform relat- allowance payments and provide additional nated by pink lights in honor of breast can- ing to Federal employment, and for other teacher loan forgiveness on Federal student cer awareness month. purposes. loans. October 21, 2004: S. 144. An Act to require the Secretary of H.R. 5294. An Act to amend the John F. S. 33. An Act to authorize the Secretary of Agriculture to establish a program to pro- Kennedy Center Act to authorize appropria- Agriculture to sell or exchange all or part of vide assistance to eligible weed management tions for the John F. Kennedy Center for the certain administrative sites and other land entities to control or eradicate noxious Performing Arts, and for other purposes. in the Ozark-St. Francis and Ouachita Na- tional Forests and to use funds derived from weeds on public and private land. H.J. Res 57. Joint Resolution expressing S. 643. An Act to authorize the Secretary of the sense of the Congress in recognition of the sale or exchange to acquire, construct, or improve administrative sites. the Interior, in cooperation with the Univer- the contributions of the seven Columbia as- sity of New Mexico, to construct and occupy tronauts by supporting the establishment of S. 1791. An Act to amend the Lease Lot Conveyance Act of 2002 to provide that the a portion of the Hibben Center for Archae- a Columbia Memorial Space Science Learn- ological Research at the University of New ing Center. amounts received by the United States under that Act shall be deposited in the reclama- Mexico, and for other purposes. November 21, 2004: S. 1194. An Act to foster local collabora- H.J. Res. 114. Joint Resolution making fur- tion fund, and for other purposes. S. 2178. An Act to make technical correc- tions which will ensure that resources are ef- ther continuing appropriations for the fiscal fectively and efficiently used within the year 2005, and for other purposes. tions to laws relating to certain units of the National Park System and to National Park criminal and juvenile justice systems. f programs. November 19, 2004: S. 2986. An Act to amend title 31 of the SENATE BILLS AND JOINT RESO- S. 2415. An Act to designate the facility of the United States Postal Service located at United States Code to increase the public LUTIONS APPROVED BY THE debt limit. PRESIDENT 4141 Postmark Drive, Anchorage, Alaska, as the ‘‘Robert J. Opinsky Post Office Build- f The President notified the Clerk of ing’’. ENROLLED BILL AND JOINT S. 2511. An Act to direct the Secretary of the House that on the following dates RESOLUTION SIGNED he had approved and signed bills and the Interior to conduct a feasibility study of joint resolutions of the Senate of the a Chimayo water supply system, to provide Mr. Trandahl, Clerk of the House, re- for the planning, design, and construction of following titles: ported and found truly enrolled a joint a water supply, reclamation, and filtration resolution of the House of the following September 24, 2004: facility for Espanola, New Mexico, and for title, which was thereupon signed by S. 1576. An Act to revise the boundary of other purposes. Harpers Ferry National Historical Park, and S. 2634. An Act to amend the Public Health the Speaker pro tempore, Mr. WOLF, on for other purposes. Service Act to support the planning, imple- Monday, November 29, 2004. October 5, 2004: mentation, and evaluation of organized ac- H.J. Res. 115. Joint resolution making fur- S.J. Res. 41. Joint Resolution commemo- tivities involving statewide youth suicide ther continuing appropriations for the fiscal rating the opening of the National Museum early intervention and prevention strategies, year 2005, and for other purposes. of the American Indian. to authorize grants to institutions of higher Mr. Trandahl, Clerk of the House, October 13, 2004: education to reduce student mental and be- also reported and found truly enrolled S. 1778. An Act to authorize a land convey- havioral health problems, and for other pur- a bill of the House of the following ance between the United States and the City poses. of Craig, Alaska, and for other purposes. S. 2742. An Act to extend certain authority title, which was thereupon signed by October 16, 2004: of the Supreme Court Police, modify the the Speaker: S. 2292. An Act to require a report on acts venue of prosecutions relating to the Su- H.R. 4012. An act to amend the District of of anti-Semitism around the world. preme Court building and grounds, and au- Columbia College Access Act of 1999 to reau- October 18, 2004: thorize the acceptance of gifts to the United thorize for 2 additional years the public S. 551. An Act to provide for the implemen- States Supreme Court. school and private school tuition assistance tation of air quality programs developed in October 22, 2004: programs established under the Act. accordance with an Intergovernmental S. 2195. An Act to amend the Controlled f Agreement between the Southern Ute Indian Substances Act to clarify the definition of Tribe and the State of Colorado concerning anabolic steroids and to provide for research BILLS PRESENTED TO THE Air Quality Control on the Southern Ute In- and education activities relating to steroids PRESIDENT dian Reservation, and for other Purposes. and steroid precursors. Jeff Trandahl, Clerk of the House re- S. 1421. An Act to authorize the subdivision October 25, 2004: ports that on November 20, 2004 he pre- and dedication of restricted land owned by S. 524. An Act to expand the boundaries of Alaska Natives. the Fort Donelson National Battlefield to sented to the President of the United S. 1537. An Act to direct the Secretary of authorize the acquisition and interpretation States, for his approval, the following Agriculture to convey to the New Hope Cem- of lands associated with the campaign that bills. etery Association certain land in the State resulted in the capture of the Fort in 1862, H.J. Res. 114. Making further continuing of Arkansas for use as a cemetery. and for other purposes. appropriations for the fiscal year 2005, and S. 1663. An Act to replace certain Coastal S. 1368. An Act to authorize the President for other purposes. Barrier Resources System maps. to award a gold medal on behalf of the Con- H.R. 1113. To authorize an exchange of land S. 1687. An Act to direct the Secretary of gress to Reverend Doctor Martin Luther at Fort Frederica National Monument, and the Interior to conduct a study on the pres- King, Jr. (posthumously) and his widow for other purposes.

VerDate Aug 04 2004 01:50 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00028 Fmt 4636 Sfmt 0634 E:\CR\FM\A06DE7.032 H06PT1 December 6, 2004 CONGRESSIONAL RECORD — HOUSE H10925 H.R. 1417. To amend title 17, United States 11230. A letter from the Administrator, En- et No. 2003-NE-43-AD; Amendment 39-13835; Code, to replace copyright arbitration roy- vironmental Protection Agency, transmit- AD 2004-22-07] (RIN: 2120-AA64) received No- alty panels with Copyright Royalty Judges. ting the semiannual report on the activities vember 29, 2004, pursuant to 5 U.S.C. H.R. 1446. To support the efforts of the of the Office of Inspector General for the pe- 801(a)(1)(A); to the Committee on Transpor- California Missions Foundation to restore riod April 1, 2004, through September 30, 2004, tation and Infrastructure. and repair the Spanish colonial and mission- pursuant to 5 U.S.C. app. (Insp. Gen. Act) 11241. A letter from the Program Analyst, era missions in the State of California and to section 5(b); to the Committee on Govern- FAA, Department of Transportation, trans- preserve the artworks and artifacts of these ment Reform. mitting the Department’s final rule—Air- missions, and for other purposes. 11231. A letter from the Deputy Director of H.R. 1964. To assist the States of Con- Communications and Legislative Affairs, worthiness Directives; Raytheon (Beech) necticut, New Jersey, New York, and Penn- Equal Employment Opportunity Commis- Model MU-300-10, 400, 400A, and 400T Series sylvania in conserving priority lands and sion, transmitting the Commission’s FY 2004 Airplanes; and Raytheon (Mitsubishi) Model natural resources in the Highlands region, Performance and Accountability Report; to Beech MU-300 Airplanes [Docket No. FAA- and for other purposes. the Committee on Government Reform. 2004-18660; Directorate Identifier 2003-NM-161- H.R. 3936. A bill to amend title 38, United 11232. A letter from the Chairman, Federal AD; Amendment 39-13830; AD 2004-22-02] (RIN: States Code, to increase the authorization of Energy Regulatory Commission, transmit- 2120-AA64) received November 29, 2004, pursu- appropriations for grants to benefit homeless ting the Commission’s Year 2004 Inventory of ant to 5 U.S.C. 801(a)(1)(A); to the Committee veterans, to improve programs for manage- Commercial Activities, as required by the on Transportation and Infrastructure. ment and administration of veterans’ facili- Federal Activities Reform Act of 1997, Pub. 11242. A letter from the Program Analyst, ties and health care programs, and for other L. 105-270; to the Committee on Government FAA, Department of Transportation, trans- purposes. Reform. mitting the Department’s final rule—Air- H.R. 4516. To require the Secretary of En- 11233. A letter from the Acting Chairman, worthiness Directives; Boeing Model 737-300, ergy to carry out a program of research and Merit Systems Protection Board, transmit- -400, and -500 Series Airplanes [Docket No. development to advance high-end computing. ting a report entitled ‘‘Managing Federal Re- FAA-2004-19461; Directorate Identifier 2004- H.R. 4593. To establish wilderness areas, cruitment: Issues, Insights, and Illustra- NM-169-AD; Amendment 39-13833; AD 2004-22- promote conservation, improve public land, tions,’’ pursuant to 5 U.S.C. 1204(a)(3); to the 05] (RIN: 2120-AA64) received November 29, and provide for the high quality development Committee on Government Reform. 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the in Lincoln County, Nevada, and for other 11234. A letter from the Director of Admin- Committee on Transportation and Infra- purposes. istration, National Labor Relations Board, structure. Jeff Trandahl, Clerk of the House transmitting the Board’s Performance and also reports that on November 23, 2004 Accountability Report for FY 2004; to the 11243. A letter from the Program Analyst, Committee on Government Reform. FAA, Department of Transportation, trans- he presented to the President of the 11235. A letter from the Acting Director, mitting the Department’s final rule—Air- United States, for his approval, the fol- National Science Foundation, transmitting worthiness Directives; Various Transport lowing bills. the Foundation’s Performance and Account- Category Airplanes on Which Cargo Restaint H.J. Res. 110. Recognizing the 60th anniver- ability Report for FY 2004, fulfilling the re- Strap Assemblies Have Been Installed per sary of the Battle of the Bulge during World quirements of OMB Bulletin 01-09; to the Supplemental Type Certificate (STC) War II. Committee on Government Reform. ST01004NY [Docket No. 2002-NM-91-AD; H.J. Res. 111. Appointing the day for con- 11236. A letter from the President & CEO, Amendment 39-13829; AD 2004-22-01] (RIN: vening of the first session of the One Hun- Overseas Private Investment Corporation, 2120-AA64) received November 29, 2004, pursu- dred Ninth Congress. transmitting the Corporation’s annual re- ant to 5 U.S.C. 801(a)(1)(A); to the Committee H.R. 1047. To amend the Harmonized Tariff port in compliance with the Inspector Gen- on Transportation and Infrastructure. Schedule of the United States to modify eral Act Amendments of 1988, pursuant to 5 11244. A letter from the Program Analyst, temporarily certain rates of duty, to make U.S.C. app. (Insp. Gen. Act) section 5(b); to FAA, Department of Transportation, trans- other technical amendments to the trade the Committee on Government Reform. laws, and for other purposes. 11237. A letter from the Program Analyst, mitting the Department’s final rule—Air- H.R. 1630. To revise the boundary of the FAA, Department of Transportation, trans- worthiness Directives; Bombardier Model Petrified Forest National Park in the State mitting the Department’s final rule—Air- CL-600-2B19 (Regional Jet Series 100 & 440) of Arizona, and for other purposes. worthiness Directives; Kelly Aerospace Airplanes [Docket No. 2003-NM-158-AD; H.R. 2912. To reaffirm the inherent sov- Power Systems B-Series Combustion Heaters Amendment 39-13836; AD 2004-22-08] (RIN: ereign rights of the Osage Tribe to determine Models B1500, B2030, B2500, B3040, B3500, 2120-AA64) received November 29, 2004, pursu- its membership and form of government. B4050, and B4500 (formerly owned by JanAero ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. f Devices, Janitrol, C&D, FL Aerospace, and Midland-Ross Corporations) [Docket No. 11245. A letter from the Program Analyst, ADJOURNMENT FAA-2004-19118; Directorate Identifier 2004- FAA, Department of Transportation, trans- Ms. WATSON. Mr. Speaker, I move CE-25-AD; Amendment 39-13826; AD 2004-21- mitting the Department’s final rule—Air- that the House do now adjourn. 05] (RIN: 2120-AA64) received November 29, worthiness Directives; MD Helicopters, Inc. The motion was agreed to; accord- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Model 600N Helicopters [Docket No. 2003-SW- ingly (at 7 o’clock and 17 minutes Committee on Transportation and Infra- 51-AD; Amendment 39-13840; AD 2004-22-12] structure. (RIN: 2120-AA64) received November 29, 2004, p.m.), under its previous order, the 11238. A letter from the Program Analyst, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- House adjourned until tomorrow, Tues- FAA, Department of Transportation, trans- mittee on Transportation and Infrastruc- day, December 7, 2004, at 9 a.m., for mitting the Department’s final rule—Air- ture. worthiness Directives; Bombardier Model morning hour debates. 11246. A letter from the Program Analyst, CL-600-2C10(Regional Jet Series 700 & 701), f FAA, Department of Transportation, trans- and CL-600-2D24 (Regional Jet Series 900) Se- mitting the Department’s final rule—Air- EXECUTIVE COMMUNICATIONS, ries Airplanes [Docket No. FAA-2004-18993; worthiness Directives; Boeing Model 747400, Directorate Identifer 2004NM-125-AD; Amend- ETC. -400D, and -400F Series Airplanes Equipped ment 39-13781; AD 2004-18-03] (RIN: 2120-AA64) Under clause 8 of rule XII, executive With General Electric (GE) or Pratt & Whit- received November 29, 2004, pursuant to 5 ney (P&W) Series Engines [Docket No. 2002- communications were taken from the U.S.C. 801(a)(1)(A); to the Committee on NM-173-AD; Amendment 39-13832; AD 2004-22- Speaker’s table and referred as follows: Transportation and Infrastructure. 04] (RIN: 2120-AA64) received November 29, 11228. A communication from the President 11239. A letter from the Program Analyst, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the of the United States, transmitting an alter- FAA, Department of Transportation, trans- Committee on Transportation and Infra- native plan for locality pay increase payable mitting the Department’s final rule—Air- structure. to civilian Federal employees covered by the worthiness Directives; Cessna Aircraft Com- General Schedule (GS) and certain other pay pany Models 190, 195 (L-126A,B,C), 195A, and 11247. A letter from the Program Analyst, systems in January 2005, pursuant to 5 U.S.C. 195B Airplanes [Docket No. FAA-2004-18033; FAA, Department of Transportation, trans- 5305(a)(3); (H. Doc. No. 108–237); to the Com- Directorate Identifier 2004-CE-16-AD; Amend- mitting the Department’s final rule—Air- mittee on Government Reform and ordered ment 39-13828; AD 2004-21-08] (RIN: 2120-AA64) worthiness Directives; Empresa Brasiliera de to be printed. received November 29, 2004, pursuant to 5 Aeronautica S.A (EMBRAER) Model EMB- 11229. A letter from the Secretary, Depart- U.S.C. 801(a)(1)(A); to the Committee on 135 and -145 Series Airplanes [Docket No. ment of Energy, transmitting the semi- Transportation and Infrastructure. FAA-2004-18582; Directorate Identifier 2003- annual report on the activities of the Office 11240. A letter from the Program Analyst, NM-35-AD; Amendment 39-13831; AD 2004-22- of Inspector General for the period April 1, FAA, Department of Transportation, trans- 03] (RIN: 2120-AA64) received November 29, 2004 to September 30, 2004, pursuant to 5 mitting the Department’s final rule—Air- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the U.S.C. app. (Insp. Gen. Act) section 5(b); to worthiness Directives; General Electric Com- Committee on Transportation and Infra- the Committee on Government Reform. pany (GE) CF6-80C2 Turbofan Engines [Dock- structure.

VerDate Aug 04 2004 01:50 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00029 Fmt 4636 Sfmt 0634 E:\CR\FM\A06DE7.036 H06PT1 H10926 CONGRESSIONAL RECORD — HOUSE December 6, 2004 REPORTS OF COMMITTEES ON ity of the Secretary of Defense and military due to the allegations of fraud, mismanage- PUBLIC BILLS AND RESOLUTIONS installations and units of the Armed Forces ment, and abuse within the United Nations to officially sponsor units of the Boy Scouts oil-for-food program, Kofi Annan should re- Under clause 2 of rule XIII, reports of of America serving dependents of members of sign from the position of Secretary General committees were delivered to the Clerk the Armed Forces and to make facilities of of the United Nations to help restore con- for printing and reference to the proper the Department of Defense available for Boy fidence that the investigations into those al- calendar, as follows: Scout meetings and activities, such as na- legations are being fully and independently Mr. LINDER: Committee on Rules. House tional and world Boy Scout Jamborees; to accomplished; to the Committee on Inter- Resolution 868. Resolution waiving a require- the Committee on the Judiciary. national Relations. ment of clause 6(a) of rule XIII with respect By Mr. SOUDER (for himself, Mr. KING- to consideration of certain resolutions re- STON, Mr. SESSIONS, Mr. SMITH of New f ported from the Committee on Rules (Rept. Jersey, and Mr. BONILLA): 108–795). Referred to the House Calendar. H.R. 5429. A bill to require the National In- stitute on Drug Abuse to develop a meta- ADDITIONAL SPONSORS f analysis of the available scientific data re- Under clause 7 of rule XII, sponsors PUBLIC BILLS AND RESOLUTIONS garding the safety and health risks of smok- were added to public bills and resolu- ing marijuana and the clinically-proven ef- Under clause 2 of rule XII, public fectiveness of smoking marijuana for medic- tions as follows: bills and resolutions were introduced inal purposes, and to require the Food and H.R. 742: Mrs. DAVIS of California. and severally referred, as follows: Drug Administration to promptly dissemi- H.R. 880: Mr. GEORGE MILLER of California. By Mr. TOM DAVIS of Virginia: nate the meta-analysis; to the Committee on H.R. 962: Mr. STRICKLAND. H.R. 5424. A bill to repeal a provision relat- Energy and Commerce. H.R. 1117: Mr. OSBORNE. ing to privacy officers in the Consolidated By Mr. WICKER (for himself, Mr. DUN- H.R. 1508: Mr. MCDERMOTT. Appropriations Act, 2005; to the Committee CAN, Mr. GIBBONS, Mr. SIMPSON, Mr. H.R. 1563: Mr. SMITH of New Jersey, Mr. on Government Reform. BARTLETT of Maryland, Mr. OTTER, WEINER, Mr. LANTOS, Mr. DOGGETT, Mr. By Mr. TOM DAVIS of Virginia: Mr. PICKERING, Mr. HAYES, Mr. DOYLE, Ms. SOLIS, and Mr. STARK. H.R. 5425. A bill to amend a provision re- GILLMOR, Mr. ROHRABACHER, Mr. H.R. 3063: Mr. ABERCROMBIE and Mr. AN- lating to privacy officers in the Consolidated MARIO DIAZ-BALART of Florida, Mr. DREWS. Appropriations Act, 2005; to the Committee TANCREDO, Mr. MURPHY, Mr. SES- H.R. 3194: Mr. MOORE. on Government Reform. SIONS, Mr. GARRETT of New Jersey, H.R. 3285: Mr. FRELINGHUYSEN. By Mr. YOUNG of Alaska: Mr. RYUN of Kansas, Mr. TAYLOR of H.R. 3539: Mr. PAYNE and Mr. BACA. H.R. 5426. A bill to make technical correc- Mississippi, Mr. FRANKS of Arizona, H.R. 3881: Mr. BACA. tions relating to the Coast Guard and Mari- Mr. SAM JOHNSON of Texas, Mr. H.R. 4271: Mr. LINCOLN DIAZ-BALART of time Transportation Act of 2004; to the Com- FEENEY, Mr. GOODE, Mr. BURNS, Mr. Florida. mittee on Transportation and Infrastruc- NEUGEBAUER, Mr. MCCOTTER, Mr. H.R. 4491: Mr. KINGSTON and Mr. KING of ture. ROGERS of Michigan, Mr. JENKINS, Iowa. By Mr. CHANDLER: Mr. CULBERSON, Mr. BOOZMAN, Mr. H.R. 4970: Mr. ANDREWS. H.R. 5427. A bill to clarify that State tax PAUL, Mr. WAMP, Mr. DOOLITTLE, Mr. H.R. 5000: Mr. SESSIONS and Mr. DAVIS of incentives for business investment in equip- CAMP, Mrs. MYRICK, Mr. SHERWOOD, California. ment and facilities are a reasonable regula- Mrs. JO ANN DAVIS of Virginia, Mr. H.R. 5132: Mr. CUMMINGS. tion of commerce and are not an undue bur- LINCOLN DIAZ-BALART of Florida, Mr. H.R. 5236: Mr. MCCOTTER. den upon interstate commerce; to the Com- MANZULLO, Mr. FORBES, Mr. H.R. 5244: Mr. BISHOP of Georgia. mittee on the Judiciary, and in addition to HAYWORTH, Mr. BARRETT of South H.R. 5261: Mr. PETRI. the Committee on Energy and Commerce, for Carolina, Mr. PITTS, Mr. GINGREY, H.R. 5296: Mr. NEAL of Massachusetts. a period to be subsequently determined by Mr. SCOTT of Georgia, Mr. CHABOT, H.R. 5410: Mr. CLAY and Mr. GEORGE MIL- the Speaker, in each case for consideration Mr. WELDON of Florida, Mr. BARTON LER of California. of such provisions as fall within the jurisdic- of Texas, Mrs. BLACKBURN, Mr. H. Con. Res. 213: Mr. WEINER and Mr. tion of the committee concerned. PENCE, Mr. DEMINT, Mr. CANTOR, Mr. BUTTERFIELD. By Mr. DINGELL: BISHOP of Utah, Mr. ADERHOLT, and H. Con. Res. 521: Mr. KING of New York. H.R. 5428. A bill to amend the Federal Mr. GOODLATTE): H. Con. Res. 530: Mr. MENENDEZ. Charter of the Boy Scouts of America in title H. Res. 869. A resolution expressing the H. Res. 528: Ms. MCCARTHY of Missouri. 36, United States Code, to ratify the author- sense of the House of Representatives that H. Res. 724: Mr. ANDREWS.

VerDate Aug 04 2004 01:50 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00030 Fmt 4636 Sfmt 0634 E:\CR\FM\A06DE7.021 H06PT1 December 6, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E2145 EXTENSIONS OF REMARKS

PERSONAL EXPLANATION and John ensured that the subcommittee un- President of the Interim National Assembly derstood these priorities as well as the com- Government of Liberia, and in 1985, elected to HON. SAM GRAVES plex financial underpinnings needed to appro- the office of Vice President of Liberia. In 1994, OF MISSOURI priate funding requisite to their realization. he was awarded the Human Rights Award John Webster has served the Library for 15 from the Liberian Human Rights Chapter. IN THE HOUSE OF REPRESENTATIVES years. He was named CFO in 2003, having Dr. Moniba loved his country, and worked Monday, December 6, 2004 been honored in 2000 as the recipient of the tirelessly to establish peace and prosperity for Mr. GRAVES. Mr. Speaker, on Saturday, National President’s Award by the Association Liberia. He understood well the true role of a November 20, 2004, I was unavoidably de- of Government Accountants. As Chief of the politician in a democratic society, and said: tained and thus missed rollcall votes Nos. 541 Financial Management Office at the Library, ‘‘The objective of the good politician cannot, and 542. Had I been present, I would have and later CFO, John achieved not only Dr. therefore, be the acquisition of power for its voted ‘‘yea’’ on rollcall No. 541, H.R. 5382, the Billington’s goals but his professional commit- own sake or at and cost. What he wants is a Commercial Space Launch Amendments Act; ment to modern, integrated financial systems healthy political environment in which he and and ‘‘yea’’ on rollcall No. 542, H.R. 4818, the that serve all customers—internal and exter- his fellow citinens can lead a fulfilling life.’’ At Foreign Operations, Export Financing, and Re- nal—with trust, confidence, and integrity. He the time of his death, Dr. Moniba was one of lated Programs Appropriations Act, 2005. leaves a powerful legacy in the Legislative the leading candidates for the 2005 Liberian f Branch, one that we collectively applaud and presidential eption. hopefully can emulate. We wish John the best I join his family and his many admirers IN HONOR OF JOHN D. WEBSTER as he retires after a difficult year—losing his throughout the world in mourning his passing. ON THE OCCASION OF HIS RE- beloved wife Gloria and his only brother. His May his tireless commitment to his homeland TIREMENT dedication to his work never failed even in and the advancement of peace and democ- light of terrible personal tragedies. His hard racy in Liberia stand as a timeless memorial to HON. JACK KINGSTON work, dedication, and expertise will be sorely him. May God bless him and his family, and OF GEORGIA missed. may he rest in peace. IN THE HOUSE OF REPRESENTATIVES f f Monday, December 6, 2004 IN HONOR OF DR. HENRY (HARRY) RECOGNIZING BRAD KNIPP FOR Mr. KINGSTON. Mr. Speaker, I rise today to MONIBA ACHIEVING THE RANK OF EAGLE recognize John D. Webster, who is retiring SCOUT from his post as Chief Financial Officer of the HON. NICK SMITH Library of Congress on January 3, 2005. OF MICHIGAN HON. SAM GRAVES As chairman of the Subcommittee on Legis- IN THE HOUSE OF REPRESENTATIVES OF MISSOURI lative Appropriations, I know that I speak not IN THE HOUSE OF REPRESENTATIVES only for myself, but also for all the members Monday, December 6, 2004 of the subcommittee and clerks in thanking Mr. SMITH of Michigan. Mr. Speaker, it is Monday, December 6, 2004 John Webster for his service to the Library with sadness that I rise today in honor of Dr. Mr. GRAVES. Mr. Speaker, I proudly pause and to the United States Congress. Henry (Harry) Moniba, former Vice President to recognize Brad Knipp of Blue Springs, Mis- John leaves a legacy of dedication, the of Liberia. Dr. Moniba died suddenly on No- souri, a very special young man who has ex- highest principles of financial management vember 23, 2004, as a result of an automobile emplified the finest qualities of citizenship and and reporting, a highly professional and de- accident. leadership by taking an active part in the Boy voted staff, and an enviable record of eight He was born in Liberia on October 22, Scouts of America, and in earning the most consecutive unqualified audit opinions on the 1937. Dr. Moniba earned a Bachelor of prestigious award of Eagle Scout. Library’s financial statements. We on the sub- Science degree in Secondary Education in Brad has been very active with his troop, committee are equally grateful for John’s 1964, a Masters degree in Secondary Edu- participating in many scout activities. Over the groundbreaking work as co-founder and co- cation from SUNY, participated in a post-Mas- many years Brad has been involved with chairman of the Legislative Branch Financial ters program in International Relations and scouting, he has not only earned numerous Managers Council. We have benefited from European Studies at NYU, and as a Fulbright merit badges, but the respect of his family, John’s testimony and appearance before this Scholar, earned a Ph.D. in International Rela- peers, and community. subcommittee on behalf of the Council. tions and African Studies at Michigan State Mr. Speaker, I proudly ask you to join me in John has served as the Library’s chief liai- University. commending Brad Knipp for his accomplish- son and representative to this subcommittee He began his professional career as an ed- ments with the Boy Scouts of America and for since 1996. He has worked hard—and often at ucator. A strong believer in the power of a his efforts put forth in achieving the highest inconvenient times including nights and week- good education, Dr. Moniba once stated: ‘‘If distinction of Eagle Scout. ends—to ensure that the subcommittee and its you think education is expensive, then, try ig- f clerks had the information and understanding norance’’. He served in various capacities in needed to complete appropriations work on the education field, from classroom teacher to IN RECOGNITION OF PAUL W. the Library’s complex budget. Both before and Director of Research at the Ministry of Edu- CARUSO during my tenure, the Library has achieved cation in Monrovia, Liberia. major budget milestones—support for collec- Dr. Moniba had a long and distinguished ca- HON. DENNIS A. CARDOZA tions arrearage reduction, collections security, reer in public service. He served as First Sec- OF CALIFORNIA an integrated library management system, retary and Consul for the Embassy of Liberia IN THE HOUSE OF REPRESENTATIVES storage modules at Ft. Meade, the National in Washington, D.C., and Ottawa, Canada Audio-Visual Conservation Center, the Na- from 1976–1980; from 1981–1984, he served Monday, December 6, 2004 tional Digital Library, the Digital Talking Book as Assistant Minister of Foreign Affairs for Eu- Mr. CARDOZA. Mr. Speaker, I rise today to Program for the Blind and Physically Handi- ropean Affairs, Liberia; he was the Ambas- honor Stanislaus County Supervisor Paul W. capped, the alternate computer facility and sador Extraordinary and Plenipotentiary of the Caruso, as he will be retiring on January 1, National Digital Information Infrastructure and Republic of Liberia, to the Court of St. James 2005 as Supervisor of District 5 of the Preservation Program. John was keenly aware in London, England, the Vatican, and the Sov- Stanislaus County Board of Supervisors. that each of these projects was a high priority ereign Military Order Malta, in Rome from Paul W. Caruso was born on June 20, 1947 for the Librarian of Congress, Dr. Billington, 1981–1984. In 1984, he was appointed Vice in San Jose, California. When Paul was two

∑ 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 Aug 04 2004 03:02 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A06DE8.001 E06PT1 E2146 CONGRESSIONAL RECORD — Extensions of Remarks December 6, 2004 months old, he and his family moved to tion as one of the top public regional univer- We are a better nation, a better people be- Stanislaus County, California where he has re- sities in the South. cause of brave and strong women like Sue sided for the past 57 years. Paul attended During President Eaglin’s tenure, the Uni- Gorman. She deserves our utmost respect, local schools including Modesto Junior College versity opened two regional campuses, and appreciation. and California State University, Stanislaus. He worked toward the creation of Kentucky’s first f served in the California National Guard from online degree program, created the Space 1967 through 1973 earning the rank of Staff Science Center, and developed only the fourth RECOGNIZING ERIC SHUPE FOR Sergeant. space science bachelor’s degree in America. ACHIEVING THE RANK OF EAGLE Supervisor Caruso and his wife, Sharon, MSU also achieved its highest enrollments in SCOUT continue to reside in Stanislaus County, where the school’s 117-year history, peaking at 9,509 they raised their daughter Amanda who is a in the fall of 2003. Through his tireless efforts, HON. SAM GRAVES recent graduate of California State University, the school’s institutional endowment rose from OF MISSOURI Stanislaus. Paul’s involvement in the commu- $500,000 to $25 million. He’s also overseen IN THE HOUSE OF REPRESENTATIVES nity throughout the years has been extensive, $75 million in capital construction projects, Monday, December 6, 2004 serving as a member, charter member, or which have greatly enhanced MSU’s campus. Past President of the Ceres Chamber of Com- These are just a few of President Eaglin’s Mr. GRAVES. Mr. Speaker, I proudly pause merce, the Salvation Army Modesto Corps many accomplishments. to recognize Eric Shupe of Independence, and Red Shield Board of Directors, and the Mr. Speaker, I want to thank President Ron Missouri, a very special young man who has Ceres Rotary Club. He has served as Chair- Eaglin for the time and effort he has invested exemplified the finest qualities of citizenship man or Past President of the Stanislaus Coun- in the lives of students in Kentucky, and for and leadership by taking an active part in the ty Council of Governments, the San Joaquin his friendship throughout the years. Although Boy Scouts of America, Troop 82, and in earn- Valley Regional Association of California his days with Morehead State University are ing the most prestigious award of Eagle Scout. Counties, and Mountain Valley Regional EMS, drawing to a close, I know his contributions Eric has been very active with his troop, among many others. Paul is also the Presi- will live on for many years to come. I want to participating in many scout activities. Over the dent and CEO of Caruso Shopping Center, wish him and his family all the best for this many years Eric has been involved with scout- Inc. which was built in 1951. new chapter in life. ing, he has not only earned numerous merit Prior to his election to the Board of Super- f badges, but the respect of his family, peers, visors, Paul was elected to the Democratic and community. Central Committee in 1976. In 1984 he served IN MEMORY OF SUSAN P. GORMAN Mr. Speaker, I proudly ask you to join me in as Fire Commissioner to the Industrial Fire commending Eric Shupe for his accomplish- Protection District until 1987 when he was HON. MICHAEL N. CASTLE ments with the Boy Scouts of America and for elected to the Ceres City Council. It was in OF DELAWARE his efforts put forth in achieving the highest November of 1990 that Paul W. Caruso was IN THE HOUSE OF REPRESENTATIVES distinction of Eagle Scout. first elected as Supervisor for District 5, of the Monday, December 6, 2004 f Stanislaus County Board of Supervisors. He IN HONOR OF BERNICE BROSIOUS has since served as Chairman of the Board in Mr. CASTLE. Mr. Speaker, I rise today to ON THE OCCASION OF HER RE- 1995, 2000 and 2004. honor and pay tribute to the life of Mrs. Susan TIREMENT Supervisor Paul W. Caruso has had a re- P. Gorman, who passed away on Wednesday, markable career in public service that has November 17, 2004, at the Veterans Hospital been recognized on many occasions. He re- in Elsmere, Delaware. HON. JACK KINGSTON ceived the 2001 VFW Modesto Post 3199 Sue Gorman was born in Bally James Duff, OF GEORGIA Man of the Year Award, the Ceres Chamber County Cavan, Ireland. After her family moved IN THE HOUSE OF REPRESENTATIVES to Delaware, she attended Wilmington High Honorary Life Member Award in 1989, Rotar- Monday, December 6, 2004 ian of the Year Award in 1986 and 2000, School, and was a 1944 graduate of the Wil- Ceres Citizen of the Year 1985, and the Ro- mington General Hospital School of Nursing. Mr. KINGSTON. Mr. Speaker, I rise today to tary International Paul Harris Fellow Award in She also attended St. John’s University and honor Bernice Brosious, who is retiring this 1985, among many others. the University of Pennsylvania. month from her post as Associate Adminis- Throughout the years, Paul has certainly Sue was a dedicated and hard-working reg- trator for Finance for the Chief Administrative distinguished himself as a leader and dedi- istered nurse for the Wilmington Hospital for Office of the U.S. House. She had a long ca- cated member of the community. Mr. Speaker, nearly four decades. Sue Gorman also heard reer of public service and deserves our thanks it is my honor and privilege to congratulate the call of her adopted country and joined the and admiration. Supervisor Paul W. Caruso upon his retire- nascent Army Nursing Corps in 1944, serving In 1979 Bernice began her career in govern- ment and thank him for his outstanding serv- in the Asian and Pacific Theaters at the 108th ment at the General Services Administration. ice to Stanislaus County. General Hospital in Tinian during World War Service at the Defense Investigative Service, the Department of Agriculture, and the Federal f II. The battle against the Japanese Empire in the Pacific saw some of the most brutal fight- Aviation Administration followed as she honed TRIBUTE TO RON EAGLIN ing of the entire war and, but for the skill and her financial skills before bringing her exper- dedication of nurses like Sue Gorman, the tise to the House in 1998 as Director of Ac- HON. HAROLD ROGERS mortality rate for American servicemen would counting for the Chief Administrative Officer. In OF KENTUCKY have been much higher. 2001 she became the Associate Administrator IN THE HOUSE OF REPRESENTATIVES We now recount the names of the Pacific for Finance. Over the years, Bernice’s out- battles—Guam, Iwo Jima, Okinawa, Leyte standing customer service, organizational Monday, December 6, 2004 Gulf—as if the American victory was simple knowledge, resourcefulness and her leader- Mr. ROGERS of Kentucky. Mr. Speaker, I and assured. At the time, of course, victory ship on numerous initiatives have benefited rise today to pay tribute to a dedicated advo- was not assured and the men and women countless Members and staff. cate of academic excellence, Mr. Ron Eaglin. who served know that it was anything but sim- Among her many other achievements, Ber- After serving more than 12 years as president ple. Sue Gorman was one of those women nice was instrumental in obtaining the House’s of Morehead State University, President Eaglin and, like the other brave nurses in the Army first clean audit opinion for calendar year 1998 is retiring and embarking on a new stage of Nurse Corps, her contributions to the war ef- and for maintaining this clean opinion every life. I want to express my deepest gratitude for fort and our enduring freedom will never be year since. Over the past seven years Bernice his many contributions. forgotten. has also been instrumental in moving the President Eaglin has led a distinguished ca- Sue Gorman was a member of the Wil- House from an ancient paper ledger account- reer in academia, playing a critical role in im- mington High School Alumni Association, the ing system to the imminent introduction of a proving the lives of countless students from Cathedral of St. Peter, the Wilmington Repub- 21st century state-of-the-art financial manage- across my congressional district in Southern licans Women’s Club and a charter member of ment system. and Eastern Kentucky. Under his leadership, the Irish Culture Club. She enjoyed Irish music On behalf of the entire House community, Morehead State University has taken great and dance and spending time with her grand- we extend congratulations to Bernice for her strides forward and garnered national recogni- children and great grandchildren. many years of dedication and outstanding

VerDate Aug 04 2004 03:02 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A06DE8.005 E06PT1 December 6, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E2147 contributions to the U.S. House of Represent- IN RECOGNITION OF PAT PAUL store bakery that Jeff frequented. They soon atives. We wish Bernice many wonderful years fell in love, and were married December 1, in fulfilling her retirement dreams. HON. DENNIS A. CARDOZA 1979. On May 11, 1983 the Lance family grew Mr. Speaker, Bernice will be very hard to re- OF CALIFORNIA as Jeff and Rachel welcomed their son Josh- place. She has tirelessly served this institution IN THE HOUSE OF REPRESENTATIVES ua into the family. Their daughter Kristen fol- and the American people, and we will miss lowed to complete the family on July 28, 1989. her dearly. Monday, December 6, 2004 Today, Joshua is a senior at the University of f Mr. CARDOZA. Mr. Speaker, I rise today to Missouri-Kansas City and will graduate with a honor Stanislaus County Supervisor Pat Paul, HONORING THE LUMEN CHRISTI business degree next year and Kristen is a as she will be retiring on January 1, 2005, as TITANS sophomore at Liberty High School. The Lance Supervisor of District 1 of the Stanislaus family has regularly attended Pleasant Valley County Board of Supervisors. Baptist Church since the early 1990s, and I HON. NICK SMITH Pat Paul was born and raised in Wash- know Joshua and Kristen feel fortunate to be OF MICHIGAN ington, DC. In 1965 she obtained her bachelor raised in a Christian home by such fine par- IN THE HOUSE OF REPRESENTATIVES of science degree from East Carolina Univer- ents. Monday, December 6, 2004 sity in Greenville, North Carolina, and began Mr. Speaker, I ask you to join me in com- Mr. SMITH of Michigan. Mr. Speaker, foot- teaching at John F. Kennedy High School in mending Jeff and Rachel Lance on their 25th ball is a great American tradition. In Michigan, Rockville, Maryland. She continued her edu- wedding anniversary. Jeff and Rachel truly ex- this tradition is personified by the Lumen cation at Adelphi University, Long Island, New emplify the qualities of commitment and dedi- Christi Titans, who on November 27, 2004, York, earning her masters degree in 1972. cation, and I am honored to call them my con- won their 7th State Championship Title at the Just 4 years later she obtained her administra- stituents and represent them in the United Pontiac Silverdome in Pontiac, Michigan. tion credential from California State University, States House of Representatives. I rise today to honor the 2004 Lumen Christi Stanislaus. In 1975 Pat arrived in Stanislaus f Titans: Tyler Aldridge, Josh Badall, Alex County, California and in the years following Belfey, Eddie Bellers, Michael Berkemeier, An- she taught at Oakdale High School, Modesto IN RECOGNITION OF THE VALOR drew Biskupski, Mike Blair, Blake Brannick, City Schools, Modesto Junior College and OF CLAY R. KING Patrick Brogan, Corey Burris, Mike Calderone, Beyer High School. B.J. Carter, Conor Coffman, Daniel Supervisor Pat Paul began her career in HON. MICHAEL C. BURGESS Coolbaugh, Blake Davis, Trevor Elinski, Eric public service as a member of the Oakdale OF TEXAS Ewing, Andy Flippo, Ken Gallant, Golden Gib- City Council in 1980 and served as vice-mayor IN THE HOUSE OF REPRESENTATIVES son, Ben Gier, John Gurriero, Evan Hagan, for the city in 1982. Then in 1989, Pat Paul Monday, December 6, 2004 Andy Horning, Luke Jarzynka, Corey Johnson, became the first woman ever to be elected to Kyle Johnstone, Doug Karasek, Guy Kennedy, the Stanislaus County Board of Supervisors. Mr. BURGESS. Mr. Speaker, it is my honor Brent Kuntz, Stephen Kutyna, Ryan LaMarre, She served as chair of the board in 1992, to stand before you today and recognize Clay Mark Lathers, Marty Lozier, Nick Lefere, Dan 1996 and 2001. R. King for his dedicated service as a Trans- Lusty, Nick Maes, Joe Marcantel, Trevor Supervisor Paul’s exceptional leadership portation Security Screener at Dallas/Fort Markovich; Sean Miller, Tyler Moran, Josh and commitment to the community has been Worth International Airport located in my dis- McCormick, Ben Neville, Tony Panici, Michael recognized on many occasions throughout her trict. As a frequent traveler, I am thankful for Patchak, Brad Polnasek, Ken Powers, Marc career, as she has received numerous awards the bravery and sacrifice provided by individ- Powers, Ryan Powers, Joe Putra, John Riley, for her outstanding service. Over the years uals like Mr. King. Phil Riley, Kent Richardson, Sean Richardson, Pat has been honored with the Department of This year, Clay King was named the Trans- Michael Risner, Jon Ryan, Jeremy Sauter, Defense Teacher of the Year Award, the Out- portation Security Administration’s DFW Brent Schaefer, Corey Skinner, Abram Soper, standing Woman of Stanislaus County Award, ‘‘Screener of the Year’’ for his extraordinary Alex Soper, Kyle Strong, Kelly Thompson, the Soroptimist International Women Helping performance while serving as both a Transpor- Sean Thompson, Brandon Vinson, Derek Women Award and many others. In addition, tation Security Screener and as a Lead Trans- Walker, Mark Warfield, Chris Weeks, Matt Pat has also served on various commissions portation Security Screener. Weeks, Terrell Willis, Terrence Willis, Jeff and boards including the Stanislaus County’s Clay King’s valor, professionalism and dedi- Wojtusik; Managers Coley Crowley and Chris- Children and Families First Commission, the cation to the TSA mission was recognized by topher Gaddy, Trainer Todd Sparks and As- California State Workforce Investment Board, his subordinates, his peers, TSA/DFW staff sistant Trainer Sarah Duffey. and the San Joaquin Valley Water Coalition and myself. Mr. King’s commitment to security These fine young men were coached by and Executive Board. is not just part of his job but a part of his life Head Coach Herb Brogan, and Assistant It is my honor and privilege to join the com- as evidenced by a recent event where his Coaches Mike Armeli, Sean Brogan, Ken Dil- munity in recognizing Supervisor Pat Paul for knowledge and skills in emergencies was lon, Ted Cole, Dick Corser, Dan Crowley, her extensive dedicated service to the citizens needed. Jason Idziak, Pete Lefere, Joff Marcantel, Matt of Stanislaus County. Throughout her career, While driving to work on March 7, 2004, he Reesor, Frank Slaby, Tim Sullivan, Jerry she has distinguished herself as a leader, ed- noticed an automobile that was engulfed in Sykes, Mike Tash, and Joe Williams. ucator, and member of the community. I am flames. Without hesitation, he pulled over to Led by Team Captains Doug Karasek, Luke delighted to congratulate Supervisor Pat Paul render aid. As he approached the burning car, Jarzynka, and B.J. Carter, these 72 young upon her retirement and thank her for her out- he saw a man, unconscious and trapped, on men worked diligently throughout the season standing service to Stanislaus County. the driver’s side of the car. Lacking regard for his own safety, Clay King opened the door to achieve this laudable goal. Despite a dif- f ficult start to the season, the Titans continued and wrestled the driver out of the burning to work as a team and won 9 consecutive HONORING JEFF AND RACHEL wreck. By doing so, he singed his right hand games to win the title. The Titans have been LANCE in the rescue for the flames had already Division V State champs four of the last five reached the interior of the car and the pas- years, and have won three of those titles with HON. SAM GRAVES senger’s pant legs were on fire. Due to Clay no points scored against them. The Titans are OF MISSOURI King’s heroic actions, this person is alive the only team in Michigan that has won more IN THE HOUSE OF REPRESENTATIVES today. From the accident scene, Clay King than six State titles without losing a single had the wherewithal to call into his supervisor State championship title game. Monday, December 6, 2004 and notify him that he would be late. After ar- This honor is also a testament to the par- Mr. GRAVES. Mr. Speaker, I proudly pause riving at work, he asked if he could return ents, students, and community who have sup- today to recognize two outstanding constitu- home to shower and change uniforms as he ported and influenced this team and this pro- ents of Missouri’s Sixth Congressional District: felt he didn’t look professional. Although he gram throughout the years. I am proud to join Jeff and Rachel Lance. Jeff and Rachel will was granted the rest of the day off, he de- with their many admirers, friends and fans in celebrate their 25th wedding anniversary on clined stating he wanted to complete his shift. extending my highest praise and congratula- December 1, 2004. Those that have had the opportunity to speak tions to the 2004 Lumen Christi Titans for their Jeff and Rachel first met in the spring of with Clay King about the incident convey that outstanding football season. 1979, when Rachel was working in a grocery he is extremely humble about his courageous

VerDate Aug 04 2004 03:02 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A06DE8.009 E06PT1 E2148 CONGRESSIONAL RECORD — Extensions of Remarks December 6, 2004 actions. In fact, he has stated that anyone Year, Mr. Jack Merkel. A lifelong resident of Sarbanes-Oxley also established the Public would have done the same thing under the Chelsea, Jack Merkel has dedicated his life to Company Accounting Oversight Board same circumstances. the betterment of his community. Mr. Merkel is (PCAOB) and directs them to conduct a con- I believe that Clay King’s professionalism a respected business owner, community lead- tinuing program of inspections of registered should be emulated and his heroism honored er, husband, father, and grandfather. public accounting firms and to investigate al- here today on the floor of the United States He has served on countless boards and leged violations of the Act, related securities House of Representatives. I rest easier know- commissions throughout his life, including the laws, and auditing and related professional ing that Mr. King is watching out for all of us, Chelsea Village Council, Mayor of Chelsea, practice standards. everywhere. Chelsea Community Hospital, Silver Maples of The PCAOB recently approved rules under f Chelsea, Chelsea Area Chamber of Com- which non-U.S. regulators would be permitted merce, Chelsea City Charter Commission, and to fulfill the inspection and enforcement mis- IN HONOR OF POLLY E. HODGES is an active member of St. Mary’s Catholic sion of the PCAOB if the non-U.S. regulator is ON THE OCCASION OF HER RE- Church. A distinguished businessman, Jack judged by the PCAOB to be sufficiently inde- TIREMENT and his brother, Bob, owned and operated pendent and rigorous. What concerns me is Merkel’s Furniture, a Chelsea landmark, for 46 that the PCAOB might allow the Canadian HON. JACK KINGSTON years. Public Accountability Board to fulfill this mis- OF GEORGIA Mr. Merkel was the leader of the Chelsea sion. This would be a serious mistake. IN THE HOUSE OF REPRESENTATIVES Cityhood initiative. Over 12 years, he provided The PCAOB in looking at its own structure and mission identified five factors as bearing Monday, December 6, 2004 tireless leadership, focus, and support to the project, which culminated in a City Charter first upon the independence and rigor of the non- Mr. KINGSTON. Mr. Speaker, I rise today to approved by the State of Michigan and ap- U.S. regulatory systems: (1) The adequacy honor Polly E. Hodges, who is retiring on Jan- proved by the residents of Chelsea in March and integrity of the non-U.S. system; (2) the uary 7, 2005 from her post as Chief Financial of 2004. system’s source of funding; (3) the system’s Officer of the Congressional Budget Office. I On behalf of the Congress of the United independence from the accounting profession; would like to take this opportunity to thank her States of America, I am proud to honor Mr. (4) the system’s transparency; and (5) histor- for her service to CBO and to the Congress. Jack Merkel for his commitment to family and ical performance. Polly was born and raised in Arkansas. She The first looks at the system’s authority to community, and his dedication to improving began her postsecondary studies at Hendrix inspect, investigate, sanction and enforce pro- his hometown. We commend him for his self- College but obtained her bachelor’s degree in fessional standards of the accounting profes- less service to others, and honor his contribu- accounting and business, cum laude, from sion. tions to his community. San Antonio’s Trinity University. Soon after- The second assesses the accounting pro- ward, she earned the Certified Public Account- f fession’s authority over the governance and ant designation and honed her professional RECOGNIZING NICHOLAS JOHN operation of the non-U.S. regulatory system. skills at Tenneco, where she rose to the posi- ROPCHOCK FOR ACHIEVING THE How many accountants have decision making tion of senior auditor. After a brief flirtation RANK OF EAGLE SCOUT authority? Are they appointed by government? with the idea of medical school, she became Does the government or the accounting pro- chief accountant to Jacuzzi Brothers, Inc., and HON. SAM GRAVES fession hold removal power? then joined CBO’s staff on December 21, The third implicates the accounting profes- OF MISSOURI sion’s control over the system’s source of 1981. IN THE HOUSE OF REPRESENTATIVES Polly began her career at CBO as Finance funds. and Budget Officer and was later named its Monday, December 6, 2004 The fourth on transparency requires open Chief Financial Officer. For 23 years, she has Mr. GRAVES. Mr. Speaker, I proudly pause rule making procedures and periodic reporting overseen the office’s budgetary and financial to recognize Nicholas John Ropchock of Blue to the public. affairs and provided sound financial counsel to Springs, Missouri, a very special young man With respect to historical performance—if each of its six Directors. Polly has played a who has exemplified the finest qualities of citi- the system is new the PCAOB will not con- major role in developing and executing CBO’s zenship and leadership by taking an active sider this factor. Consequently, any decision by the PCAOB annual budgets, working closely with its man- part in the Boy Scouts of America, Troop 603, to rely on a specific non-U.S. regulator should agement and with staff of the House and Sen- and in earning the most prestigious award of require that they pass these minimum tests. ate Appropriations Committees. Even during a Eagle Scout. The Canadian Public Accountability Board fails Nicholas has been very active with his period of tight budgets—not normally a situa- these tests. tion relished by budget officers—Polly was troop, participating in many scout activities. The Canadian Public Accountability Board proud to assist Appropriations Committee staff Over the many years Nicholas has been in- has no direct statutory authority. It has no in crafting report language that proved useful volved with scouting, he has not only earned oversight mechanism, no transparency, and in leading the legislative branch through po- numerous merit badges, but the respect of his no public interest accountability. It is subject to tentially painful funding reductions. family, peers, and community. the whims of its membership and its governing Polly’s service to the Congress has ex- Mr. Speaker, I proudly ask you to join me in structure is comprised primarily of account- tended beyond the confines of CBO—she was commending Nicholas John Ropchock for his ants. Most importantly, the source of funding a founding member of the legislative branch’s accomplishments with the Boy Scouts of for the Canadian Public Accountability Board Financial Management Council and continues America and for his efforts put forth in achiev- is in fact the accounting industry itself. to provide that organization with thoughtful ing the highest distinction of Eagle Scout. As the PCAOB moves toward granting reci- counsel. f procity to foreign organizations to help enforce Throughout her years as a public servant, Sarbanes-Oxley the Congress will be watching Polly’s command of financial methods and NEW RULES APPROVED BY THE PCAOB to make certain that the interests of the Amer- management and her professional and per- ican investors and the integrity of the U.S. fi- sonal integrity have enriched both CBO and HON. JOHN E. SWEENEY nancial sector are protected. the Congress. Thank you, Polly, for your dedi- f cation and service, and we wish you well in OF NEW YORK your retirement. IN THE HOUSE OF REPRESENTATIVES IN MEMORY OF NEW YORK CITY f Monday, December 6, 2004 FIREFIGHTER AND ARMY NA- TIONAL GUARD SERGEANT HONORING MR. JACK MERKEL Mr. SWEENEY. Mr. Speaker, under the Sar- CHRISTIAN ENGELDRUM banes-Oxley Act (Section 106(a)) any foreign HON. NICK SMITH accounting firm that audits an issuer of securi- ties in the United States capital markets shall HON. JOSEPH CROWLEY OF MICHIGAN OF NEW YORK be subject to the same regulatory framework IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES applicable to domestic accounting firms. The Monday, December 6, 2004 Act requires that foreign audit firms must ad- Monday, December 6, 2004 Mr. SMITH of Michigan. I rise today to here to the same rigorous standards applica- Mr. CROWLEY. Mr. Speaker, I rise in sad- honor the 2004 Chelsea Area Citizen of the ble to domestic firms. ness to pay homage and tribute to the life and

VerDate Aug 04 2004 03:02 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A06DE8.013 E06PT1 December 6, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E2149 memory of New York City Firefighter and Pearl Harbor, Hawaii, a day, which like Sep- Liberians and restoring peace and democracy Army National Guard Sergeant Christian tember 11, 2001, Americans will remember to Liberia. Engeldrum of Edgewater Park, the Bronx, forever. John first came to the United States in the New York, who died serving his country in Iraq As the sun came up over the Pacific para- 1950’s to attend Spring Arbor High School and on November 29, 2004. dise of Oahu, Hawaii, on that Sunday morning later Spring Arbor College. He completed de- Mr. Engeldrum was a proud member of the in 1941, U.S. Navy Mess Attendant 1st Class grees at Greenville College in Greenville, Illi- New York City Fire Department, most currently Doris ‘‘Dorie’’ Miller should have been pre- nois; Chicago State University in Chicago, Ill; serving at Ladder Company 61 in Co-op City paring the morning meal but never made it to McCormick Theological Seminary in Chicago, in the Bronx. the mess. Instead, he manned a machine gun Illinois; and Loyola University Graduate School Sargeant Engeldrum’s service to our Nation on the deck of the U.S.S. West Virginia, and of Education. An ordained Presbyterian Min- began in 1986 when he joined the U.S. Arrny successfully shot down several enemy planes. ister, Dr. Komai was Pastor-at-Large and Su- and later served with distinction in Operation Miller was awarded the Navy Cross for gal- pervisor of Missions for the Community Pres- Desert Storm. During his tenure in the Army, lantry and continued to serve on active duty. byterian Church in Libera, as well as Founder Sergeant Engeldrum earned numerous acco- On the morning of Nov. 24, 1943, Miller died and President of Jobai International Develop- lades for his service including the Southwest when an explosion sank the U.S.S. Liscome ment Corporation to support mission develop- Asia Service Medal with Bronze Service, Army Bay (CVE–56). Today, many Boys Clubs are ment. In 1984, Dr. Komai was appointed to Service Ribbon, National Defense Service named for U.S. Navy Mess Attendant 1st the Ministry of Education, and served as the Medal, Army Lapel Button, Sharpshooter Class Doris Miller. Director of the World Bank and African Devel- Badge, Parachutist Badge, Army Good Con- Since the Revolutionary War, the United opment Bank education projects for the Re- duct Medal, Army Achievement Medal and the States had rarely been attacked. Both Norfolk public of Liberia. NCO Professional Development Ribbon. and Washington were threatened during the Born in Zlehtown, Liberia, June 7, 1947, Upon completion of his military service, Ser- War of 1812. During the Spanish American Julia grew up there and in Monrovia. A stri- geant Engeldrum joined the New York City War, port cities along the East Coast stood at dent and outspoken believer in the dignity of Police Department, and, after successfully high alert against possible attacks by Spanish all people, she was jailed as a political pris- completing the Fire Academy in 1999, joined forces sailing from Cuba. And 60 years after oner in 1979 for speaking out against human the Fire Department. He was assigned to En- Pearl Harbor, our Nation was deliberately at- rights abuses committed by then-President gine Company 89 in the Bronx. Moving tacked by terrorist evil doers who wanted to William Tolbert. She was freed in 1980 when through numerous fire stations Engeldrum was do nothing more than kill innocent people—ar- Samuel Doe came to power. Julia served as ultimately placed with Ladder Company 61 in guably in the hopes that it would scare free- the Assistant Director of the African Unity the Bronx. His career in the Fire Department dom loving people into isolation. Conference Center from 1982 to 1990. She was as distinguished as his career in the During Pearl Harbor, many Americans, in- and John fled Liberia during the coup-de-etat Army, including his company’s successful res- cluding some military commanders, had come of 1989, walking 300 miles to reach Sierra cue of two civilians at a fire. to consider U.S. lands immune from enemy in- Leone, surviving on grass and sleeping wher- Among his many accomplishments, Fire- vasion. That feeling of immunity ended on the ever they could. Julia passed away suddenly on November fighter Engeldrum was also one of the first morning of December 7, 1941, when the Japa- 23, 2004 in an automobile accident. She will people to raise an American flag over Ground nese Navy attacked the island of Oahu, Ha- be forever remembered for her generous spirit Zero after September 11, 2001. The events he waii in two massive waves of carrier-based and enthusiasm for life. In the face of hard- witnessed that horrible day spurred him to re- warplanes. enlist into the Army to fight for our Nation Sixty years later, many Americans felt im- ships most Americans cannot begin to imag- overseas and ensure our protection here at mune once again, especially after the end of ine, she persevered. Hers is a story of hope home. He was deployed to Iraq in November, the Cold War. But, as terrorist-driven jet liners and boundless optimism, of dedication to 2004. pounded into the Twin Towers and the Pen- ideals greater than herself. She loved her na- While he left a wife and two growing sons tagon, with a fourth plane falling out of the sky tive land and hoped to return there someday. I am proud to join the many friends and ad- behind, he volunteered so they could live in a in rural Pennsylvania, we were reminded that mirers of John and Julia Komai in recognizing safer country, a better world. Tragically, on history does indeed repeat itself—we are their dedication to the restoration of peace and November 30, he paid the ultimate price for never immune from those who want to perpet- democracy to their homeland of Liberia. I ex- his love of family and country when a roadside uate evil. tend my condolences to Julia’s family and bomb exploded near his convoy outside of The 2-hour Japanese attack sank 21 Navy friends. May she rest in peace, and may her Baghdad. Firefighter Engeldrum was the first ships, destroyed 185 military planes and killed memory live on in those whose lives she New York City firefighter to die in service to 2,290 military personnel at bases throughout touched. his Nation in Iraq. Hawaii, along with 48 civilians. Japan lost 29 Christian Engeldrum is survived by his wife, planes and five midget submarines. The hull f Sharon who he met as a teenager selling of the sunken U.S.S. Arizona became a tomb RECOGNIZING ANN SCHLUETER Christmas trees at Engeldrum’s Gas Station in for 1,103 U.S. sailors. the Bronx, as well as two sons, Shaun and From the death and destruction in the after- HON. SAM GRAVES Royce. Additionally, to make this sad occasion math of the attack on Pearl Harbor rose a re- OF MISSOURI far more heartbreaking, his wife is now ex- solve to duty on the part of the American peo- IN THE HOUSE OF REPRESENTATIVES pecting another child. While this child will ple that would culminate on September 2, Monday, December 6, 2004 never get to know his father, may he always 1945, with the surrender of Japan. And today, know that his father did not die in vain, but the American people share the same re- Mr. GRAVES. Mr. Speaker, I proudly pause died to ensure the world this child is born into solve—an undying commitment to defeat the to recognize Ann Schlueter, a dedicated mem- is one of safety, justice for all and free of ter- evil of terrorism. History will repeat itself. We ber of my congressional staff who will be leav- ror. Christian was a patriot, and he loved this will prevail. ing my office on November 30, 2004. Her country, and died protecting it. Our City and f work ethic, professionalism, and dedication to our Nation owe him a true debt of gratitude. Missouri’s Sixth Congressional District will be HONORING JOHN AND JULIA f sadly missed. I consider myself fortunate KOMAI though, because Ann will soon start a new ca- IN HONOR OF THE 63RD ANNIVER- reer as Atchison County Economic Developer, SARY OF PEARL HARBOR DAY, HON. NICK SMITH which means that my home county will con- DECEMBER 7, 2004 OF MICHIGAN tinue to benefit from her expertise and com- IN THE HOUSE OF REPRESENTATIVES mitment to service. Ann has been affiliated with my office for HON. JACK KINGSTON Monday, December 6, 2004 OF GEORGIA over three years now, and has held just about IN THE HOUSE OF REPRESENTATIVES Mr. SMITH of Michigan. Mr. Speaker, I rise every position available. She began her serv- today to honor John and Julia Komai of Jack- ice as an intern in my Liberty, Missouri district Monday, December 6, 2004 son, Michigan. office in 2001, and since then has held the po- Mr. KINGSTON. Mr. Speaker, December 7, Born in Liberia, both John and Julia have sitions of caseworker, scheduler, and field rep- 2004, marks the anniversary of the attack on dedicated their lives to improving the plight of resentative among others. In January of 2003,

VerDate Aug 04 2004 03:02 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A06DE8.018 E06PT1 E2150 CONGRESSIONAL RECORD — Extensions of Remarks December 6, 2004 she began working in my Saint Joseph, Mis- lection was so unsuccessful that a similar pilot Reserve in California. After relocation to Flor- souri district office and I know her colleagues program planned for 1997 was cancelled out- ida, he served as both Training Officer and there will miss her just as much as I will. right. The contractors used in the pilot pro- Operations Officer at the Naval Reserve Secu- While she excelled at every task, in my mind grams regularly broke the Fair Debt Collection rity Group in Tampa. In 1986 CDR Van Hise the highlight of Ann’s tenure on my staff was Practices Act, did not protect the security of transferred to Charleston and created the first her organization of the Tarkio Fly-In on June personal taxpayer information, and even then Direct Support Program for Security Group re- 5, 2004. failed to bring in a net increase in revenue. servists and as a result, was selected as Ann has also excelled outside of the office. The IRS has said that it has learned from Commanding Officer. Returning to California in She is a graduate of Tarkio High School and the 1996 project and is better equipped to ad- 1991, he served two more tours as the Com- the University of Missouri—Columbia. Ann and dress the problems raised. However, even re- manding Officer of Naval Reserve Security her husband Matt currently reside in my cent evidence is to the contrary. An eye-open- Group Santa Ana and Naval Reserve Security hometown of Tarkio with their son Aaron, who ing report by the Treasury Inspector General Group Ft. Lewis, Washington. In 1996, he en- was born in 2003. for Tax Administration (TIGTA Audit rolled in the Naval War College at the Naval Mr. Speaker, I proudly ask you to join me in #200320010) shows how IRS contractors put Postgraduate School where he graduated with commending Ann Schlueter for her many im- taxpayers’ data at risk. The TIGTA audit found honors in 1999. portant contributions to myself, my staff, and that the ‘‘lack of oversight of contractors re- In his exemplary career in the Navy, Com- Missouri’s Sixth Congressional District. Ann sulted in serious security vulnerabilities.’’ The exemplifies the qualities of dedication and report, found that, ‘‘contractors blatantly cir- mander Van Hise has received many pro- service and I am extremely proud of her ac- cumvented IRS policies and procedures even motions, and has been awarded with many complishments. While she is leaving my con- when security personnel identified inappro- honors and medals. His first Navy Com- gressional staff, I am proud that I will still be priate practices.’’ mendation Medal was awarded to him after able to represent her in the United States The objective of the review was ‘‘to deter- serving as the Operations Officer of the Naval Congress. mine whether the Internal Revenue Service Reserve Security Group San Francisco from 1994 to 1995. In 1995, the Commander was f (IRS) has adequately protected Federal Gov- ernment equipment and data from misuse by awarded the Joint Commendation Medal by CONGRESS SHOULD NOT ABUSE contractors.’’ The review found: ‘‘The involve- US European Command for his planning and TAXPAYER PRIVACY ment of non-IRS employees in critical IRS execution of 40 Military-to-Military contact functions increases the risk of misuse or unau- events between Albanian and US forces. He HON. CHRIS VAN HOLLEN thorized disclosure of taxpayer data, and could received a second Navy Commendation Medal OF MARYLAND lead to loss of equipment or sensitive taxpayer in 2000 after serving as Action Officer for Joint IN THE HOUSE OF REPRESENTATIVES data through theft or sabotage.’’ Secure Communications under the Director of Naval Intelligence. Monday, December 6, 2004 Under the current conditions of rampant identity theft and deteriorating privacy here in Mr. Speaker, I would like to personally con- Mr. VAN HOLLEN. Mr. Speaker, I rise today the U.S., the federal government ought to be gratulate Commander Van Hise on his upcom- in complete support of the unanimous consent strengthening and protecting taxpayer privacy ing retirement, and thank him for his dedicated agreement to strike the FY ‘05 omnibus where it can. A first step is to eliminate the service in the Navy. I wish him the best of luck spending bill provision that would allow con- egregious provision placed in the Omnibus in his future endeavors. gressional staff and appropriators access to Bill. But a second, and more critical step, is to individual tax returns. But I must point out that abolish the IRS’ plan to place 2.6 million tax f Congress has made a similar mistake by drop- returns in front of private collection agencies ping from the same bill a House amendment and their staffs. This proposal sets a dan- RECOGNIZING NATHAN OLSON FOR advocated by Representative CAPITO and me, gerous precedent down a path of contractor ACHIEVING THE RANK OF EAGLE that would have prevented 2.6 million tax re- abuse and taxpayer distrust. SCOUT turns a year to be turned over to private con- I urge my colleagues to join me in the 109th tractors for the purposes of tax collection. Congress in working with the IRS to find a While Congress is attempting to correct what more effective means of collecting delinquent HON. SAM GRAVES is clearly a bad idea to allow congressional tax debt collection and avoid this risky scheme staff and Members of Congress to peruse indi- altogether. OF MISSOURI vidual tax returns, taxpayers are also vulner- f IN THE HOUSE OF REPRESENTATIVES able to potential abuses of tax return disclo- sure through private debt collection agents. IN HONOR OF JOHN W. VAN HISE, Monday, December 6, 2004 Prior to the 2004 election, Congress en- JR. acted H.R. 4520, the corporate tax bill that will Mr. GRAVES. Mr. Speaker, I proudly pause give the IRS private tax collection authority. HON. SAM FARR to recognize Nathan Olson, a very special young man who has exemplified the finest The enacted language allows the IRS to use OF CALIFORNIA qualities of citizenship and leadership by tak- private collection agencies to collect tax debt. IN THE HOUSE OF REPRESENTATIVES This means that up to 2.6 million tax returns— ing an active part in the Boy Scouts of Amer- which are currently only scrutinized by federal Monday, December 6, 2004 ica Troop 214 and in earning the most pres- government employees—will now be open to Mr. FARR. Mr. Speaker, I rise today to tigious award of Eagle Scout. at least 10 private collection agencies within honor Commander John W. Van Hise, Jr., Nathan has been very active with his troop, the first 6 months, and an untold number of upon his retirement after over 35 years of participating in many scout activities and earn- private debt collection staff. service in the Naval Security Group Reserve. ing 30 merit badges. Nathan is an Ordeal While IRS employees are explicitly forbid- Commander Van Hise has commendably member in the Order of the Arrow Camping den from being evaluated on the basis of rev- served his country in a variety of assignments Honorary and is a Warrior in the Tribe of Mic- enue collected, the private collection scheme at key duty stations around the world. I would O-Say. would actually link contractor pay to the like to extend my heartfelt congratulations on amount of revenue collection. This policy en- his retirement, and express my appreciation For his Eagle Scout project, Nathan super- courages contractors to use aggressive collec- for his service to our country. vised the pouring of a concrete slab founda- tion techniques to boost their remuneration. In 1969, Commander Van Hise enlisted in tion for the bleachers at St. James Catholic Furthermore, the IRS is currently liable for the United States Navy, and after completing Church baseball field. In addition, he super- damages to a taxpayer resulting from the mis- Basic Training was assigned to the Russian vised the pouring of two additional slabs for use of confidential information by an IRS em- Language School at Syracuse University. players and coaches to stand behind the ployee, but taxpayers will not be able to re- Shortly after, CDR Van Hise served active backstop. cover damages from the federal government duty in Japan as an aircrew and plane cap- Mr. Speaker, I proudly ask you to join me in where contractors are guilty of malfeasance. tain, flying over 100 missions in the Sea of commending Nathan Olson for his accomplish- What’s more worrisome is the IRS’ inability Japan, the Gulf of Tonkin, and off the USS ments with the Boy Scouts of America and for to oversee the work of these private debt col- Coral Sea. Upon returning to the United his efforts put forth in achieving the highest lectors. A 1996 pilot program for private col- States he continued his career in the Naval distinction of Eagle Scout.

VerDate Aug 04 2004 03:02 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A06DE8.021 E06PT1 December 6, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E2151 FREEDOM FOR LE´ STER GONZA´ LEZ anniversary of the Battle of the Bulge during young man who has exemplified the finest PENTO´ N World War II, and I was proud to vote in favor qualities of citizenship and leadership by tak- of H.J. Res. 110. ing an active part in the Boy Scouts of Amer- HON. LINCOLN DIAZ-BALART Mr. Speaker, the Battle of the Bulge was a ica, Troop 180, and in earning the most pres- OF FLORIDA significant turning point of the Allied victory tigious award of Eagle Scout. Geoffrey has been very active with his IN THE HOUSE OF REPRESENTATIVES over the Axis powers in Northern Europe. At the time of the battle, from December 16, troop, participating in many Scout activities. Monday, December 6, 2004 1944, to January 25, 1945, the outcome of Over the many years Geoffrey has been in- Mr. LINCOLN DIAZ-BALART of Florida. Mr. World War II was in question. But neither the volved with scouting, he has not only earned Speaker, I rise today to speak about Le´ster harsh winter nor enemy fire could overcome numerous merit badges, but the respect of his Gonza´lez Pento´n, a political prisoner in totali- the Allied determination to win the greatest family, peers, and community. tarian Cuba. battle of that war. Mr. Speaker, I proudly ask you to join me in Mr. Gonza´lez Pento´n is a member of the Mr. Speaker, out of the 16 million veterans commending Geoffrey Kudlacz for his accom- Reason, Truth and Freedom Human Rights of World War II, roughly 4 million are with us plishments with the Boy Scouts of America Movement and a delegate of the Cuban Con- and about 1,200 die each day. With each and for his efforts put forth in achieving the federation of Democratic Workers. He is a death, we lose a first hand account of the war highest distinction of Eagle Scout. peaceful pro-democracy activist who has and the opportunity to thank them for their f worked intensely to liberate Cuba from the service. That is why it is so important that the TRIBUTE TO THE HARDENBERGH control of the demented terrorist in power in House, on this anniversary, acknowledge the INSURANCE AGENCY Havana. Mr. Gonza´lez Pento´n believes in sacrifice and service of the men of the Battle human rights, worker rights, and freedom for of the Bulge. the people of Cuba. As these tenants are the Mr. Speaker, after 60 years, the veterans of HON. ROBERT E. ANDREWS OF NEW JERSEY antithesis of the tyrant’s policies of lies, fear, the Battle of the Bulge are traveling to Bel- IN THE HOUSE OF REPRESENTATIVES intimidation, and repression, he has been con- gium and Luxembourg this month to partici- stantly harassed by the terrorist regime in Ha- pate in 60th Anniversary events. They and Monday, December 6, 2004 vana. their families will join with the people of Bel- Mr. ANDREWS. Mr Speaker, I rise today to According to Amnesty International, on Au- gium and Luxembourg in somber remem- commend and honor the Hardenbergh Insur- gust 5, 2002, the tyrant’s thugs prevented him brance of the battle. Both the King of the Bel- ance Agency for 50 years of venerable and from leaving his house, in order to stop him gians, Albert II, and the Grand Duke of Lux- dedicated service to the families and business from participating in events organized by fel- embourg, Henri, will participate in official of our region. Since its founding in 1954 by low pro-democracy activists. Previously, on events. the late Richard C. Hardenbergh, the July 9, 2001, Amnesty International reports Mr. Speaker, my hometown of Worcester, Hardenbergh Insurance Agency has expanded that Mr. Gonza´lez Pento´n was questioned and Massachusetts is home to the Central Massa- its services to provide commercial business in- threatened with imprisonment by police if he chusetts Chapter of the Veterans of the Battle surance, health benefits, personal insurance, did not work: despite the fact that he was fired of the Bulge. The Worcester chapter has 155 bonding, and risk management services. The him from his job as a baker because the totali- members. Its objective is to honor the men agency currently covers a wide range of pres- tarian regime was threatened by his peaceful who fought at the battle, to preserve historical tigious clients including public entities, private activities with the Cuban Confederation of data and sites, to foster international peace businesses, not-for-profit groups, real estate Democratic workers. and goodwill, and to promote friendship and owners, school districts, and others. On March 18, 2003, as part of the dictator- comradeship. The Worcester chapter has hon- In recognition of the agency’s admirable ship’s deplorable crackdown on peaceful pro- ored the 10 sons of Worcester who died dur- growth, Richard J. Hardenbergh, son of the democracy activists, Mr. Gonza´lez Pento´n was ing the battle by placing square markers late Richard C. Hardenbergh, has changed the arrested. In a sham trial, he was sentenced to throughout the city. Many members of the agency’s name to the Hardenbergh Insurance 20 years in the grotesque totalitarian gulag. chapter are going to Europe this month for the Group on its fiftieth anniversary. Under the di- According to the U.S. Department of State, remembrance services. rection of Richard J. Hardenbergh, this agency members of the tyrant’s totalitarian Mr. Speaker, the Battle of the Bulge and operates as a family and has established a apparatchik threatened to suspend family vis- World War II tore apart the continent of Eu- considerable reputation of good will and pro- its for Mr. Gonza´lez Pento´n because he, and rope. It pitted great civilizations against each fessionalism within their industry and New Jer- eight other political prisoners, read aloud to other in an epic battle for control of Europe. sey. Hardenbergh Insurance Group serves as each other from the Bible. But the Allied victory and the great sacrifice of an inspiration within its industry, and indeed to Mr. Speaker, it is an affront to the inalien- the men of World War II have contributed to all businesses of the great Nation of the able rights of man that Mr. Gonza´lez Pento´n today’s peace in Europe. Indeed, the United United States of America. is languishing in the inhuman squalor of a to- States, Belgium, Luxembourg, Germany and f talitarian gulag simply because he believes other nations involved in the Battle of the THE RETIREMENT OF DR. MARVIN that liberty is the scared right of all people. It Bulge are allies today as members of NATO. KIRSH is unconscionable that he and others have Our countries have worked closely on soli- been further punished because they read the darity, freedom, security, and the trans-Atlantic HON. JOHN D. DINGELL Bible. My colleagues, we must demand the alliance. Today’s European and American co- OF MICHIGAN immediate release of Lester Gonza´lez Pento´n operation is due in large part to the veterans IN THE HOUSE OF REPRESENTATIVES and every political prisoner suffering under the of the Battle of the Bulge. nightmare that is the Castro regime. Mr. Speaker, on behalf of all my colleagues Monday, December 6, 2004 f in the U.S. House of Representatives, I thank Mr. DINGELL. Mr. Speaker, I rise today to these veterans for their service, their courage, honor Dr. Marvin Kirsh, a noted cardiothoracic RECOGNIZING THE 60TH ANNIVER- their sacrifice and their continuing efforts to surgeon, who is on staff at the Ann Arbor SARY OF THE BATTLE OF THE foster international freedom and democracy. Medical Center in Ann Arbor, Michigan, and to BULGE f express my deep gratitude for his enormous contributions to the field of medicine. HON. JAMES P. McGOVERN RECOGNIZING GEOFFRY KUDLACZ Dr. Marvin Kirsh has been an integral part OF MASSACHUSETTS FOR ACHIEVING THE RANK OF of the center staff for more than 36 years and EAGLE SCOUT IN THE HOUSE OF REPRESENTATIVES has been the Chief of Cardiothoracic Surgery since 1990. Although he has chosen to retire Monday, December 6, 2004 HON. SAM GRAVES at the end of this month from his post, he will Mr. MCGOVERN. Mr. Speaker, I rise today OF MISSOURI continue to use his extensive expertise in the to pay tribute to the veterans of the Battle of IN THE HOUSE OF REPRESENTATIVES educational community as a member of the the Bulge on the occasion of its 60th Anniver- University of Michigan School of Medicine Monday, December 6, 2004 sary this month. On November 16, 2004, the teaching staff. U.S. House of Representatives passed H.J. Mr. GRAVES. Mr. Speaker, I proudly pause In his capacity as a Professor of Surgery at Res. 110, a resolution recognizing the 60th to recognize Geoffrey Kudlacz, a very special the University of Michigan, Dr. Marvin Kirsh

VerDate Aug 04 2004 03:02 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A06DE8.026 E06PT1 E2152 CONGRESSIONAL RECORD — Extensions of Remarks December 6, 2004 was honored by The American Heart Associa- RECOGNIZING SPENCER COPE FOR H.R. 5107, THE JUSTICE FOR ALL tion and received its Lifetime Achievement ACHIEVING THE RANK OF EAGLE ACT Award. SCOUT Dr. Marvin Kirsh is also an accomplished HON. TOM DeLAY writer and has authored and co-authored more HON. SAM GRAVES OF TEXAS than 200 published articles on cardiology and OF MISSOURI IN THE HOUSE OF REPRESENTATIVES cardiothoracic surgery and contributed to the IN THE HOUSE OF REPRESENTATIVES Monday, December 6, 2004 works of nearly two dozen other authors. One Monday, December 6, 2004 Mr. DELAY. Mr. Speaker, on behalf of my- of his best-known works is ‘‘Blunt Chest Trau- Mr. GRAVES. Mr. Speaker, I proudly pause self and Representatives SMITH and CARTER of ma’’, published in 1997. to recognize Spencer Cope, a very special Texas, I would like to include the attached let- Because of the dedication, devotion and young man who has exemplified the finest ter from the Texas Task Force on Indigent De- skill of Dr. Marvin Kirsh, the lives of hundreds qualities of citizenship and leadership by tak- fense regarding H.R. 5107, the Justice For All of military veterans have been touched. ing an active part in the Boy Scouts of Amer- Act (P.L. 108–405), into the CONGRESSIONAL Mr. Speaker, I ask that you and all my col- ica, Troop 180, and in earning the most pres- RECORD. This letter responds directly to a leagues rise and join me in honoring Dr. tigious award of Eagle Scout. statement found on page S11609 of the No- Marvin Kirsh and his legacy of surgical excel- Spencer has been very active with his troop, vember 19, 2004 CONGRESSIONAL RECORD. lence. participating in many scout activities. Over the The mission of the Texas Task Force on In- many years Spencer has been involved with digent Defense is to promote justice and fair- ness to all indigent persons accused of crimi- f scouting, he has not only earned numerous merit badges, but the respect of his family, nal conduct, including juvenile respondents, peers, and community. as provided by the laws and constitutions of TRIBUTE TO MARTIN J. ‘‘HOOT’’ the United States and Texas. The Task Force MCINERNEY Mr. Speaker, I proudly ask you to join me in commending Spencer Cope for his accom- was created by state law, the Fair Defense Act of 2001, and took effect on January 1, plishments with the Boy Scouts of America 2002. Since its implementation, the Task HON. JOE KNOLLENBERG and for his efforts put forth in achieving the Force has awarded over $30 million to 250 highest distinction of Eagle Scout. counties in Texas in furtherance of its mis- OF MICHIGAN f sion to improve legal representation for indi- IN THE HOUSE OF REPRESENTATIVES gent persons accused of crimes. HONORING JENNIFER HAMMER TEXAS TASK FORCE Monday, December 6, 2004 ON INDIGENT DEFENSE, HON. TOM DAVIS Austin, Texas, December 1, 2004. Mr. KNOLLENBERG. Mr. Speaker, I rise OF VIRGINIA Re H.R. 5107, the ‘‘Justice For All Act’’— today to pay tribute to Martin J. ‘‘Hoot’’ IN THE HOUSE OF REPRESENTATIVES Congressional Record page S11613. McInerney, recipient of the St. Joseph Mercy Monday, December 6, 2004 Hon. TOM DELAY, Oakland Hospital Man of the Year Award and U.S. House Majority Leader, Distinguished Community Service Award. Mr. TOM DAVIS of Virginia. Mr. Speaker, I The Capitol, Washington, DC. Known for his kindness and infectious per- rise today to honor the life of Jennifer Hammer Hon. LAMAR SMITH, Rayburn House Office Building, sonality, Martin J. ‘‘Hoot’’ McInerney is also of Northern Virginia, a friend and neighbor who passed away after succumbing to a Washington, DC. known throughout the metro-Detroit area as a Hon. JOHN CARTER, successful car dealer and philanthropist, sup- three-year battle with Ovarian Cancer in No- vember 2004. Cannon House Office Building, porting numerous charities on a local, national Washington, DC. Mrs. Hammer’s courage and resilience and international level. DEAR REPRESENTATIVES DELAY, SMITH, & should serve as an inspiration to us all. De- CARTER: In response to an inquiry last week Hoot was born and raised in Detroit. He spite her health, she remained an active mem- regarding the statements made by Mr. Leahy began his career in the automobile industry as ber in her community. She volunteered at her in his statement on November 19, 2004, I am a young boy working for an auto dealership, children’s schools and participated in the 350- offering the following for clarification of being paid fifty cents a week to keep the coal mile AIDS bicycle ride from North Carolina to what I believe is the current state of indi- furnace stoked over cold weekends. In 1963, the National Mall. Mrs. Hammer worked hard gent defense in Texas. I commend the goals of this bill and the Chrysler offered Hoot his first dealership. to train, but was most concerned about the cri- Forty-one years later Hoot has become a suc- willingness of Congress to provide States teria to raise $1,700 in order to participate. In much needed money in the criminal justice cessful businessman owning numerous car the end, she raised over $4,000 and finished arena. Since the reforms to Texas indigent dealerships in the metro-Detroit area. The the four-day ride with energy to spare. defense laws known as the Texas Fair De- former U.S. Marine is still known to ‘‘hang out’’ On Election Day, Mrs. Hammer voted on the fense Act were originally enacted in 2001, the at his Star Lincoln Mercury dealership in way to what would be her final surgery. She Task Force on Indigent Defense, the Texas Southfield, Michigan. was so weak that the voting officials had to judiciary, arid local government have worked diligently to meet and exceed the Hoot helped to establish the St. Joseph bring a voting machine to the car for her. She thanked them and then left for the hospital. mandates of this reform. This reform was Mercy Men of Mercy in 1974. He is also one hailed by Robert Spangenberg, a leading na- of the founders of the J.P. McCarthy Founda- Mrs. Hammer touched many lives and is tional expert on indigent defense as, ‘‘the tion, in honor of the late and renowned radio survived by her beloved husband Tom and most significant piece of indigent defense personality who was diagnosed with and suc- children Adam and Samantha. Over Thanks- legislation passed by any state in the last cumbed to myelodysplastic syndrome. He is giving weekend, when many friends were out twenty years.’’ also a generous donor to several Catholic of town for the holiday, almost 600 people Nevertheless, the key to meaningful re- churches and schools in the metro-Detroit came to a memorial service to celebrate her form lies in implementation. In that regard, Mr. Bill Beardall, Director of the Equal Jus- area as well as churches and schools in Hon- life. Mrs. Hammer showed us how to enjoy life tice Center, and leading advocate of indigent duras, Nicaragua and the Sisters of Mary in reform in Texas recently said that, Omaha, Nebraska. in the good times and be positive and full of ‘‘[S]ignificant indigent defense improve- abundant grace in the worst of times. She was ments were implemented both at the state In addition, Hoot supports Focus: HOPE, at peace in the end because of her faith in Operation Read, the Dave Thomas Founda- level and in most of Texas’s 254 counties in God and because she knew that she lived response to the new law.’’ tion for Adoption, Purple Rose Theater, fully while on earth. Jennifer made a huge im- Worth noting is that Mr. Spangenberg Friends of Golf, St. John’s Men’s Guild, An- pact on many and was loved by all. Our lives served as the primary author of the Fair De- gel’s Place, the National Football Fund and were better for having known her, and we will fense Report, which influenced the passage of Stewards of Tomorrow. continue to draw inspiration from her strength the Fair Defense Act. In response to the progress made by Texas, he states: ‘‘In three Mr. Speaker, Hoot McInerney is deserving and compassion. short years, the Task Force has used the of this recognition for his humanitarian and Mr. Speaker, in closing, I would like to pay limited funding provided to mandate that volunteer efforts. His dedication to helping oth- tribute to the life and work Mrs. Hammer, and each county has an indigent defense plan on ers has made a significant difference in the express my deepest condolences to all who file. Moreover, these plans are posted elec- lives of many people. knew and loved her. tronically and viewable by anyone. This in

VerDate Aug 04 2004 03:02 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A06DE8.030 E06PT1 December 6, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E2153 itself is significant in that what was for- The Nine Administrative Judicial Regions Defense Act and for future improvements to merly a closed process is now open to public are responsible for the development of quali- indigent defense procedures statewide. scrutiny. Also significant is the fact that fications and standards for counsel in death Thank you for considering my views. If these are countywide plans, thus providing penalty cases. Notwithstanding the Texas you need any further information, feel free greater uniformity than before when prac- Defender Service report referenced by Mr. to contact me or any member of the Task tices varied from judge to judge. From what Leahy in his testimony, the nine administra- Force. We are at your disposal to build on I’ve seen, the Task Force has successfully tive presiding judges take very seriously the successes all Texans have experienced built bridges with county government and their responsibilities under Texas law. since the passage of the Fair Defense Act. leading advocate and public interest groups Through officially published standards and Sincerely, for meaningful collaboration and significant qualifications and a thorough screening JAMES D. BETHKE, reform.’’ process, they ensure that only the most ca- Director, Task Force on Indigent Defense. The following are some of the highlights of pable and competent attorneys are appointed f what Texas’s courts, counties, and Task in death penalty cases. Force have accomplished. The report that Mr. Leahy relies on was RECOGNIZING LUKAS JOHNSON More Indigent Defendants Receiving Court criticized by many criminal justice stake- FOR ACHIEVING THE RANK OF Appointed Counsel—In 2002, 278,479 persons holders in Texas. I was disappointed with the received court appointed counsel. In 2004, secretive and surprise tactics utilized by the EAGLE SCOUT 371,167 persons received court appointed authors in its preparation. No Task Force counsel. This represents a 33% increase while members or staff were consulted prior to the HON. SAM GRAVES all criminal case filings are up only 8%. report’s publication. More significantly, the OF MISSOURI Courts and local government are taking nine administrative judges were not con- their responsibilities seriously. sulted regarding its preparation or its find- IN THE HOUSE OF REPRESENTATIVES Public Access—Every indigent defense plan ings prior to its release. For a Dallas Morn- Monday, December 6, 2004 (adult and juvenile) and every county’s indi- ing News article regarding this report, I gent defense expenditures are posted elec- noted the report’s lack of methodology and Mr. GRAVES. Mr. Speaker, I proudly pause tronically and available to anyone with ac- stated that the report’s conclusions ‘‘may be to recognize Lukas Johnson, a very special cess to the Internet. In addition, all model a matter more of form over substance.’’ John young man who has exemplified the finest forms, procedures, and rules promulgated by Dahill, general counsel for the Texas Con- qualities of citizenship and leadership by tak- the Task Force are available online at ference of Urban Counties and a former Dal- www.courts.state.tx.us/tfid. ing an active part in the Boy Scouts of Amer- las County prosecutor, was more blunt. ‘‘It ica, Troop 180, and in earning the most pres- In response to Task Force recommenda- just riles me to no end that the Texas De- tions, judges across the state have submitted fender Service and the Equal Justice Center tigious award of Eagle Scout. amendments to bring indigent defense plans didn’t bother to inquire of people with Lukas has been very active with his troop, into compliance with the law. Also, every in- knowledge in each of these counties,’’ he participating in many Scout activities. Over the digent defense plan has been reviewed by the said. Counties generally follow the regional many years Lukas has been involved with Task Force and is in accordance with the plan for appointment of counsel in capital Scouting, he has not only earned numerous law. cases, he said, and Dallas County follows the Accountability—Because of centralized merit badges, but the respect of his family, plan of the first administrative judicial re- oversight of plan submission, the judiciary is peers, and community. gion. That region covers 34 counties in accountable to the Task Force. County offi- Mr. Speaker, I proudly ask you to join me in northeast Texas. cials are accountable to the Task Force Judge John Ovard of Dallas, who presides commending Lukas Johnson for his accom- through expenditure reporting and because over the 1st administrative region, said he plishments with the Boy Scouts of America of receipt of state grants. Prior to this act had not had a chance to read the report but and for his efforts put forth in achieving the each county and court in Texas was left to said the county’s failing grade surprised him. highest distinction of Eagle Scout. its own means on how to provide these serv- ‘‘We’re in compliance with the task force ices. f . . . which is the primary state agency we re- Training and Outreach—Each year since 2001, the Task Force and staff have provided port to,’’ he said. ‘‘I certainly am interested HONORING CHRISTIAN BROTHERS presentations across the state to 1,200 or in looking at it and see why they came to ACADEMY’S CLASS AA FOOT- more judges, county commissioners, defense those conclusions.’’ BALL STATE TITLE Task Force staff meets quarterly with the attorneys, county employees, and other 9 Administrative Presiding judges. The Task criminal justice stakeholders on their re- Force provides administrative assistance to sponsibilities and on the responsibilities of HON. JAMES T. WALSH the 9 Administrative Judicial Regions in the State regarding effective indigent de- OF NEW YORK posting the lists of standards and attorneys fense representation. One program of par- IN THE HOUSE OF REPRESENTATIVES qualified for appointments in electronic for- ticular interest was designed specifically for mat readily available to anyone in Texas. State district trial judges who hear capital Monday, December 6, 2004 This collaborative effort is not mandated by offenses. This program was sponsored by the State law but is being done at the request of Mr. WALSH. Mr. Speaker, I rise today to Center for American and International Law the 9 Administrative Presiding judges to en- pay tribute to an extraordinary group of ath- in Plano, Texas on August 19–20, 2004. letes, the Christian Brothers Academy’s foot- Spending Up Almost 50% Since 2001—The sure that this process is open to the public State and counties have significantly in- and administered consistently across the ball team. CBAS captured its first State title in creased expenditures for indigent defense State. Class AA, the state’s largest classification for services statewide to improve the quality of Summary—For the first time in Texas his- any Section 3 team in the history of the tour- counsel appointed to represent the poor. tory the State is providing oversight, fiscal nament. assistance, and technical support to local In 2001, counties expended approximately The 41 to 35 victory was a nail biting, come- $92 million on indigent defense services with- government and courts to improve the deliv- ery of indigent defense services. All 254 coun- from-behind win lead by Coach Joe out any state assistance. In 2002, county and Casamento, senior Greg Paulus, senior Lavar state spending together reached approxi- ties in Texas are in compliance with the mately $107 million—$15 million more than state reporting requirements. Each indigent Lobdell, senior Bruce Williams, senior Brian was spent in 2001. In 2003, county and state defense plan in Texas has been reviewed by Bojko and senior Erik Estabrook. While these spending together amounted to approxi- the Task Force to ensure it provides for individuals paved the way to victory in the final mately $130—$38 million more than was prompt appointment of qualified counsel and game of the season, the entire CBA football spent in 2001. And, the most recent reports reasonable compensation for appointed coun- roster is responsible for the 2004 flawless suc- for FY04 reveal county and state spending sel. Since the passage of the Fair Defense Act, staff has provided presentations across cess. They and their families who offer daily together totaled approximately $137 mil- support deserve special recognition. lion—$45 million more than 2001. All in all the state to more than 4000 judges, county since the Fair Defense Act passed the State commissioners, defense attorneys, county Lavar Lobdell, Erik Estabrook, Bruce Wil- and counties are expending almost 50% more employees, and other criminal justice stake- liams, Matt Kinnan, Greg Paulus, Max than they did prior to the Fair Defense Act. holders on their responsibilities and the re- Greenky, Peter Giordano, Joe Nicoletti, Mike Neither the State nor the counties are abdi- sponsibilities of State regarding effective in- Paulus, Jim Chapman, Matt Halliday, Greg cating their responsibilities—to the con- digent defense representation. The key Khanzadian, Jovon Miller, Steve Peltz, Joe trary, the State and counties are providing criminal justice stakeholders in Texas are Losurdo, Adam Drescher, Mike Kenien, Al- being trained and the Texas system has im- their best efforts to secure additional rev- fonso Merola, Ricardo Donalson, McKenzie enue sources as well as implementing proc- proved dramatically since the passage of this ess changes to ensure tax payers receive the law. Furthermore, in what may be its great- Mathews, Jim Brennan, Austin Merola, Brian most value possible for their tax dollars. est achievement, the Task Force has created Bojko, Greg Hadley, Dario Arezzo, Mike Suits, Nine Administrative Judicial Regions an efficient and collaborative infrastructure Pat McNamara, Tim Bobbett, Evan Mazur, Jon Working Collaboratively with Task Force— for continuing implementation of the Fair Knaust, Dan Delluomo, Andy Bongiovanni,

VerDate Aug 04 2004 03:02 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A06DE8.036 E06PT1 E2154 CONGRESSIONAL RECORD — Extensions of Remarks December 6, 2004 Rich Cummings, Mike Dracker, Matt Oliver, While advancing the entire industry through and Ryan, and their five grandchildren. I also Eric Fletcher, Tom DiStasio, Steve Kuhns, technological expansion, she paved the path suspect he will spend more time indulging in Matt Rainbow, Brian Dushatinski, Peter Paris, for generations of women hoping to enter the two of his favorite pastimes: golf and downhill Mark Callahan, Leon Saddler, Stephen Pride, industry. skiing. Kevin Didio, Kris Estabrook, Matt Wilson and I ask my colleagues to join me in honoring Mr. Speaker, Ralph Cerny’s commitment to Bill Urciuoli were all instrumental components and congratulating Teena M. Borek on being his family, his community, health care, and of this CBA powerhouse. named the 2004 Woman of the Year in Agri- Munson Medical Center serves as an example Throughout the 2004 season, the team culture by the Florida Farm Bureau. to all of us. I ask the House to join me in hon- overcame fatigue, injury, sweltering August f oring him, thanking him for his service, and heat, and a rigorous schedule, to complete an wishing him well in his retirement. unblemished record of 13 wins and 0 losses, CONGRESSIONAL TRIBUTE TO f RALPH CERNY truly exemplifying the definition of a champion. HOUSE ADMINISTRATION COM- I commend Christian Brothers Academy’s MITTEE HAS BROAD JURISDIC- 2004 football team for their hard work and per- HON. BART STUPAK TION OVER ‘‘CONGRESSIONAL severance and congratulate them on a perfect OF MICHIGAN CONTINUITY’’ season. You have set the standard for future IN THE HOUSE OF REPRESENTATIVES Purple and Gold teams. Monday, December 6, 2004 Congratulations to the Champs. HON. JOHN B. LARSON OF CONNECTICUT f Mr. STUPAK. Mr. Speaker, I rise today to pay tribute to a man who has made remark- IN THE HOUSE OF REPRESENTATIVES HONORING TEENA M. BOREK able contributions to the health of the people Monday, December 6, 2004 of northern Michigan. Ralph Cerny is retiring Mr. LARSON of Connecticut. Mr. Speaker, HON. MARIO DIAZ-BALART from his position as CEO of the Munson Med- on May 4, 2004, I introduced House Resolu- OF FLORIDA ical Center in Traverse City on December tion 623. This was a one-line resolution which IN THE HOUSE OF REPRESENTATIVES 31st, closing a long career dedicated to pro- stated: ‘‘. . . That the House of Representa- viding his community with quality health care. Monday, December 6, 2004 tives should address issues relating to the po- Mr. Cerny’s 38 years as a hospital adminis- tential incapacity of its Members.’’ I did this to Mr. MARIO DIAZ-BALART of Florida. I trator and community leader serve as a shin- make an important jurisdictional point. would like to rise in order to honor Teena M. ing example of his profession. The resolution, which was referred solely to Borek—the 2004 Woman of the Year in Agri- In 1964, Ralph Cerny graduated from Cor- the Committee on House Administration, culture. She is a pioneer in the agriculture in- nell University with a Bachelor’s Degree in Ec- served to highlight the committee’s jurisdiction dustry and an incredible example to young onomics. The year before, he actually had his over how to deal with the status of incapaci- women throughout America. first experience at Munson Medical Center, tated Members, and, by implication, more When her husband tragically died in 1980, working as a summer intern. From Cornell broadly with certain other matters relating to Teena decided to run their farm and became University, Ralph went on to study Hospital the continuity of Congress. The committee al- the only female vegetable farmer in Miami- Administration at the University of Michigan, ready has principal jurisdiction over the con- Dade County. Impressively, she was able to where he not only earned a Master’s degree, duct of congressional and Presidential elec- successfully run the farm while raising two but also met his wife, Maureen. tions, the qualifications and credentials of young toddlers, who are now both involved in After graduating from U of M in 1966, Ralph House Members, and administrative control agriculture. began his career as an Associate Adminis- over the internal operations of the House, in- In the late 1980s, Teena Borek played a trator at the University of Nebraska Medical cluding Chamber security. large role in bringing needed computer tech- Center in Omaha. He remained there for I would hope that in the 109th Congress, nology to farms and worked with the Commu- seven years, but in 1973, he returned to our committee, where I serve as the ranking nity Bank of Florida to ensure that appropriate Michigan as the CEO of the Memorial Medical minority member, will more forcefully exercise financing mechanisms were in place to in- Center of West Michigan in Ludington. the authority it has to address a range of crease access to this important technology. In 1985, the long-time CEO of Munson Med- issues which threaten the ability of Congress Not surprisingly, Borek Farms was the first ical Center, Jack Bay, asked Ralph to move to function in the event of a national catas- Homestead vegetable farm to use a computer. north and join Munson as Chief Operating Of- trophe. We need to develop specific, and con- Using her knowledge from when she first ficer. He accepted, and began a 19 year ten- stitutional, proposals to address the potential handled the books at Borek Farms, Teena ure that saw Munson grow into a nationally- absence of incapacitated Members. If the only also helped implement an accounting program recognized hospital and health care provider effective way is through a constitutional for farms that is still in use today. at the center of a regional network of commu- amendment, as I suspect it is, then that argu- Her achievements in advancing agricultural nity-based hospitals. ment should be clearly made. crops is also unparalleled. Teena became the In his eight years as COO, and eleven Much attention in the 108th Congress has first Miami-Dade County farmer to use the lin- years as CEO, Munson Medical Center has gone to other committees, such as Rules and ear irrigation system and Borek Farms had the created a cardiovascular program that has Judiciary, which have specialized roles in con- first commercially grown Florida 7862 tomato. been recognized on four occasions for supe- sidering certain types of continuity measures. One of her greatest achievements, however, rior clinical and operational performance; If a proposal is introduced as a House rule, it is the impact she has had on young women. opened a new South Tower for patient care, will be referred to the Rules Committee; if it is As a female pioneer in Florida agriculture, she opened a new ambulatory surgery center; and a constitutional amendment, it will go to Judici- has paved a path for young women in an in- initiated an air ambulance service. This excel- ary. The Rules Committee held a useful hear- dustry that has largely been dominated by lence has not gone unnoticed either. Munson ing this year on incapacity, but its ability to men. Currently, she is serving as the second received the National Quality Health Care deal with elements of the issue beyond female President of the Dade County Farm Award in 2000 and was named one of the Na- changes to the rules of the House is limited. Bureau and has mentored many young tion’s Top 100 hospitals six times. This Congress has been a huge disappoint- women, including the current executive direc- In short, Mr. Speaker, Ralph’s leadership ment because of its failure to effectively ad- tor of the Farm Bureau. has had a lasting impact on the quality of care dress many issues involving the stability of our I have had the honor of visiting with Teena at Munson Medical Center, and on the quality structure of Government, deficiencies brought and learning about the many achievements of life in the Grand Traverse Region. I worked to the forefront by the September 11 attacks, she has made for Florida’s agriculture indus- closely with Ralph Cerny and the Munson as well as a disturbing tendency to paper over try. After getting to know her and better under- Medical family, and I have seen firsthand his controversies with legislation which fails to stand the work of Steven Borek Farms, it dedication to his work and to his community. substantively address the problem. seems clear that Teena’s contribution to Flor- While Ralph will be missed at Munson, he For example, the House earlier this year re- ida agriculture will be understood well beyond has more than earned this retirement. As jected a constitutional amendment offered by our lifetime. much as he has given to his career, Ralph Representative BAIRD of Washington which She may be most recognized for her work has always had time for his family, and I know would have reconstituted the House quickly in Miami-Dade County, but her achievements he looks forward to spending more time with through temporary appointments, pending spe- have impacted the entire state of Florida. his wife Maureen, their three sons Tim, Tyler, cial elections, if a large number of Members

VerDate Aug 04 2004 03:02 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A06DE8.040 E06PT1 December 6, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E2155 were killed. I had introduced an alternate selves, I would hope, of the truly dangerous have served in Congress. As a fellow member version of the proposal, H.J. Res. 89. Mem- ramifications of this idea. of Congress who has sought bipartisan solu- bers opposed to the concept—which is admit- Mr. Speaker, I plan to urge further action on tions to the many difficult issues we have tedly extremely controversial—refused to allow congressional continuity issues in the new faced in this body, he has offered me wise real hearings and debate, preferring instead to year, to work with my colleagues on the Com- counsel on many occasions and his leadership misrepresent the various proposals which mittee on House Administration to assert our of the New Democrat Coalition in the House were introduced and to mock the sponsors. own jurisdiction more effectively and to push Democratic Caucus provided important leader- Even though prospects for passage of such an the other relevant committees to do the same. ship to all members of our Caucus. The peo- amendment at the time were extremely slim, a We need both more effective action, and bet- ple of CAL DOOLEY’s California congressional substantial debate would have served to edu- ter internal cooperation, to accomplish these district have been very well served by his 14 cate the Congress and the American people goals. years of representing them in Congress and I on the importance of these issues, and per- f know they join with me and his colleagues in haps provided impetus in a search for alter- this body in wishing him all the best as he pur- natives. TRIBUTE TO RETIRING sues a new career in the private sector. He Instead, the House passed, but the Senate REPRESENTATIVE CAL DOOLEY will be missed in the halls of Congress. But subsequently killed, H.R. 2844, the ‘‘Continuity CAL DOOLEY will not be forgotten. of Representation Act’’, which created an un- HON. DENNIS MOORE f realistically fast, unfair, undemocratic and un- OF KANSAS HONORING CONGRESSMAN AMO workable scheme to fill vacant House seats IN THE HOUSE OF REPRESENTATIVES HOUGHTON AND CONGRESSMAN through a mandatory national 45–day special Monday, December 6, 2004 JACK QUINN election period. This bill was referred prin- Mr. MOORE. Mr. Speaker, I am very cipally to the House Administration Committee, SPEECH OF where I was able to point out its many flaws. pleased to have the opportunity tonight to join Neither House passed simple legislation with my fellow members of the New Democrat HON. JAMES T. WALSH which would have corrected an oversight in Coalition in paying tribute to Representative OF NEW YORK the legislation creating the Department of CAL DOOLEY of California, who is retiring from IN THE HOUSE OF REPRESENTATIVES Homeland Security in 2002, which failed to Congress at the end of this year. Friday, November 19, 2004 As the Almanac of American Politics 2004 place the supposedly critical new Cabinet offi- Mr. WALSH. Mr. Speaker, I address the edition described CAL: ‘‘The congressman cer somewhere—anywhere—in the statutory House tonight to extend my best wishes and from the 20th District is CAL DOOLEY, a Demo- line of succession to the Presidency. a fond farewell to my good friends and col- crat first elected in 1990. He is a farmer, grow- Though hearings were held, neither House leagues in the New York Congressional Dele- ing cotton, alfalfa and walnuts, as his great- addressed significant issues of Presidential gation, Congressmen JACK QUINN and AMO grandfather did before him. In 1987 he be- succession, such as the role of the Speaker HOUGHTON. and President pro tempore and lame duck came a staffer for Tulare state Senator Rose Beyond the insight, experience and profes- Cabinet members in the succession lineup, Ann Vuich. In 1990, he ran for Congress in a sionalism these gentlemen brought to this and the ability of some officials to ‘‘bump’’ oth- more Republican-leaning district. Luck was body, they represented the very essence of ers serving as acting President under the cur- with him: The incumbent had accepted con- what it means to represent New York State in rent Federal statute. tributions from S&L operator Charles Keating Congress. They were loyal to their constitu- The House is apparently planning to paper and interceded on his behalf with regulators. encies, and their voters were in turn loyal to over its failure to effectively address congres- DOOLEY won with a solid 55%.... DOOLEY’s them. Their policy expertise transcended ideo- sional continuity by passing a blatantly uncon- endurance has been partly a testimonial to his logical lines, and they understood that, in our stitutional new House rule when the 109th moderate voting record, which is the most corner of the world, good people are good Congress convenes. It would pretend that a conservative of California Democrats. On the people, regardless of party affiliation. People rump group of Members, acting with a ‘‘provi- Agriculture and Resources committees, he voted for them year-in and year out on ac- sional quorum,’’ could exercise the full powers tended to district interests. He was one of count of who they were as people, and how of the House even though a majority of the three committee Democrats to vote for RICH- hard they worked for Buffalo, Rochester, Cor- membership might still be alive but unable to ARD POMBOS’ guest worker bill, and he sup- ning and the Southern Tier. JACK and AMO reach the place the House was meeting in a ported lifting the ban on food sales to Cuba. have nearly 30 years’ worth of experience in timely manner. He has co-chaired the Congressional Beef Washington between them, and, though none The proposal pretends to address the prob- Caucus, the Western Water Caucus and the of us like the fact that they are leaving us, we lem of incapacitated Members by effectively Biotechnology Caucus. He strongly backed are all grateful to have been the beneficiaries ignoring it, and by allowing the Speaker to de- PNTR with China and he worked closely with of their good humor, wisdom, graciousness prive them and other absent Members of their neighboring Congressman and Ways and and friendship. constitutional authority by adopting an unprec- Means Committee chairman BILL THOMAS to The U.S. Congress, New York State and edented and radical procedure to declare a get Democratic votes for trade promotion au- our country are better off for having been rep- quorum present when it clearly isn’t. The pro- thority in 2001 and 2002.... He sided with resented by these two gentlemen. I’ve had the posed rule would ignore the explicit constitu- most Democrats in opposing the increased privilege of serving with JACK and AMO for a tional prohibition against less than a majority work requirements in the Republicans’ welfare long time and feel fortunate to consider them of the Members of the House taking any ac- bill. DOOLEY is active on local issues, including good friends. It is my hope the other members tion except to adjourn, or to compel the at- flood control projects, increased dam capacity, of this body from New York and beyond rec- tendance of absent Members. It would also and additional funds for farm workers....’’ ognize and applaud their service, friendship, demolish the century-old precedent, based on Most importantly, CAL DOOLEY was one of and loyalty to those who have worked beside the Constitution, that a quorum of the House the founders and original co-chairs of the them along the way. consists of a majority of the membership cho- House New Democrat Coalition, which Politics I know I will miss JACK QUINN and AMO sen, sworn and living. in America’s 2004 edition described as ‘‘a HOUGHTON when the gavel falls to begin the It is likely that this unconstitutional proposal growing group of moderate, pro-business law- 109th Congress; but I join my colleagues in will be shoehorned into House Resolution 5, makers who say they seek bipartisan solu- wishing them the absolute best for whatever the traditional opening-day resolution through tions.... It is a measure of DOOLEY’s rep- comes next. I take comfort, though in knowing which the House adopts its rules, to be con- utation as a leader of centrist Democrats—he that departure from this House will not signal sidered on January 4, 2005. Parliamentary co-founded the New Democrat Coalition in the termination of their public service. Nor will practices in effect at that time would allow only 1997 along with Virginia’s JAMES P. MORAN it be the end of their involvement in the lives one hour of debate on the resolution, no mat- and former Indiana Rep. TIM ROEMER—that of the people they represented so well, for so ter how numerous or how controversial the his name was floated, during the disputed many years. rules changes contained within it might be. At 2000 presidential election, as a potential ap- So as we depart for the year and bring an a minimum, the House should debate the pro- pointee to either a Bush or a Gore administra- end to the 108th Congress, I once again say visional quorum issue separately, following tion.’’ good-bye and thank you to JACK and AMO hearings by the Rules Committee through Mr. Speaker, CAL DOOLEY has been a friend while wishing them the very best for the fu- which Members could better inform them- and mentor of mine during the past 6 years I ture.

VerDate Aug 04 2004 03:02 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A06DE8.044 E06PT1 E2156 CONGRESSIONAL RECORD — Extensions of Remarks December 6, 2004 CONGRATULATIONS TO THE The moment that we become complacent day, November 20, 2004, I would have voted WATSON FEED STORE and cease to insist on the fundamental value as follows: and equality of every individual vote is the mo- Rollcall vote 538: I would have voted ‘‘nay’’ HON. CHET EDWARDS ment that we begin to undermine the demo- on waiving the House rule to allow for the OF TEXAS cratic ideal that this nation was founded upon. same day consideration of legislation. Con- IN THE HOUSE OF REPRESENTATIVES That is why I believe it is so important to in- gress should follow the House rules and have vestigate any reports of voting irregularities. Monday, December 6, 2004 adequate time to review legislation before And that is also why in July, I was one of casting its votes. Mr. EDWARDS. Mr. Speaker, I would like to the leaders in Congress to call for international Rollcall vote 539: I would have voted ‘‘yea’’ extend my most sincere congratulations to the monitors to observe our system of elections. on the resolution recognizing the Boy Scouts historic Watson Feed Store in Mart, Texas on Although the administration refused to invite of America for the public service the organiza- their recent Texas Historical Marker Dedica- the United Nations to send an observation tion performs for neighborhoods and commu- tion. After nearly a century of service to the team, the 55 member Organization for Secu- nities across the United States. Central Texas community, the Watson Feed rity and Cooperation in Europe (OSCE) was Rollcall vote 540: I would have voted ‘‘nay’’ Store has become a vital part of the social invited. on the resolution waiving points of order fabric of the Mart community and an inspiring While the OSCE was severely hamstrung in against the conference report to accompany example of the very best of Texas. its ability to fully observe the election, accord- the fiscal 2005 omnibus appropriations bill. That the Watson Feed Store still stands ing to their preliminary report, they did observe Rollcall vote 541: I would have voted ‘‘yea’’ today just as it was almost 100 years ago is many of the same problems that were re- on passage of the Commercial Space Launch truly remarkable and a reflection of the com- ported by the media. Amendments Act. While this legislation only I hope that with the GAO report, and the mitment and dedication of Murray Watson and allows the Federal Aviation Administration to forthcoming report from the OSCE, we can family to preserve the history of this building regulate technologies that ‘‘have resulted in a take a hard look at our current election system for future generations. Watson’s Feed Store is serious or fatal injury,’’ this will be an inter- not only a historic reminder of the past, but an and make a concerted bi-partisan effort to fix the problems that still clearly remain with us esting test for safety regulations of a very nar- enduring symbol of the belief in community row group of consumers who are aware of the that Watson’s Feed Store has come to rep- from the 2000 election. As elected representatives of the people, we risks they face. resent. Rollcall vote 542: I would have voted ‘‘yea’’ Today, the Watson Feed Store is still a daily hold a sacred responsibility to every voter across this nation to ensure that their vote is on passage of the fiscal 2005 omnibus appro- meeting place for many citizens of Mart, en- priations bill. The uproar caused by the last- joying conversation and comfort in the building counted and recorded properly. We cannot, and we should not accept any minute insertion of a provision opening up tax known as ‘‘home’’ to many, a living testament returns to the Appropriations Committee is not to the impact that Murray Watson and family flaws in our election process. f a surprise based on the manner in which the continue to have on the Mart community. bill came to the floor under a ‘‘Martial Law’’ I personally want to thank Murray Watson HONORING THE BIRTH OF HARPER rule. Congress deserves the opportunity to for his many years of friendship and the count- NATALIE BRUCKENTHAL have the time to thoroughly review bills before less contributions he has made to the commu- being asked to vote on them. While I dis- nity of Mart and Central Texas. Murray Wat- HON. STEVE ISRAEL approve of the manner in which the omnibus son is a true Texas leader and there is no OF NEW YORK bill was brought to the floor, funding for the 15 doubt that the state of Texas and the Nation IN THE HOUSE OF REPRESENTATIVES governmental agencies receiving funding from would benefit greatly from more leaders like Monday, December 6, 2004 this bill are indispensable to my district and Murray in our communities. the country. f Mr. ISRAEL. Mr. Speaker, I rise today to honor the birth of Harper Natalie Bruckenthal. f REPORTS OF VOTING FRAUD AND On Friday, November 19, 2004, this beautiful TRIBUTE TO LANCE CORPORAL IRREGULARITIES young girl was born to Patricia Bruckenthal, DIMITRIOS GAVRIEL the widowed wife of Petty Officer 3rd Class HON. BARBARA LEE Nathan Bruckenthal, an American hero lost to HON. MARTIN T. MEEHAN OF CALIFORNIA us in the conflict in Iraq. The birth of Harper OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES Natalie Bruckenthal ensures that everything IN THE HOUSE OF REPRESENTATIVES Monday, December 6, 2004 that was good about Nathan Bruckenthal will Monday, December 6, 2004 Ms. LEE. Mr. Speaker, like many of my con- live on for another generation and many more stituents, I am very concerned about the wide- to come. In that infant baby’s eyes can be Mr. MEEHAN. Mr. Speaker, I rise today to spread reports of voting irregularities sur- seen the images of her heroic father. It is trag- pay tribute to a fallen hero, LCpl Dimitrios rounding the recent election. ic that she will grow up not knowing her father, Gavriel, of Haverhill, Massachusetts. Reports about voter intimidation, discrimina- but I hope that she will be able to find some Lance Corporal Gavriel was killed in action tion, fraud, partisan election officials, mis- comfort in his legacy and allow his spirit to during the conflict in Fallujah, Iraq, on Novem- placed ballots, discarded provisional ballots, guide her. ber 19, 2004, only days after voluntarily re- Today, I honor once more the sacrifice of malfunctioning electronic voting machines, turning to the battlefield from a shrapnel Nathan Bruckenthal; I honor his wonderful wife delays in mailing absentee ballots, and count- wound. ‘‘Dimmy,’’ as he was known to those Patricia, mother of his infant child; and, most less other suspicious or illegal activities, all close to him, is survived by his mother, Penel- importantly, I welcome his new daughter, raise potential doubts about the legitimacy of ope; his father, Chris; and his sister, Christina. Harper Natalie Bruckenthal, the child of an our system of elections. Dimmy’s family describes him as a deep And there is mounting credible evidence American hero, to our world. It is a better thinker with big dreams. A quote from his diary that indeed some potentially illegal and fraudu- world because people like Nathan Bruckenthal says it all: ‘‘I have heard that Great Men often lent activity did occur before, during, and after answered the call to duty, made great sac- kept journals—I’d like to be great.’’ the election. rifices and met the greatest challenge posed After losing two friends in the September That is why I have joined onto the efforts of to every generation: leaving behind a better 11th terrorist attacks, Dimmy knew he wanted my colleagues, Representatives JOHN CON- world for their children. to make a difference in the world by joining YERS, JERROLD NADLER, and ROBERT WEXLER, f the Marine Corps. When the service turned in asking the GAO to investigate the 2004 PERSONAL EXPLANATION him down because of lingering injuries from election. And I am pleased to say that the his days as a high school wrestling champion, GAO has agreed with the necessity and ur- HON. EARL BLUMENAUER he wrote a letter to his local recruiting office gency of our request and is moving forward pleading for them to reconsider. He would go OF OREGON with a formal investigation. on to turn down a lucrative career on Wall IN THE HOUSE OF REPRESENTATIVES As history has repeatedly shown, the right Street for the chance to serve our country as to vote and the right to have our votes count- Monday, December 6, 2004 a Marine. ed are fundamental to our democratic system Mr. BLUMENAUER. Mr. Speaker, had I Mr. Speaker, there is perhaps no better way of government. been present for the following votes on Satur- to pay our respects to Dimmy Gavriel than to

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insert a poem of his into the CONGRESSIONAL Kachare. Michael Matt, Mike Payne, Chris- THE AMERICAN PHYSICAL SOCI- RECORD entitled ‘‘The Leader,’’ in which he ex- topher Pecheone, Matthew Pecheone, Steven ETY’S REPORT ON THE MOON- plores the themes of leadership and great- Peck, John Picano, Max Silberlicht and An- MARS PROGRAM ness. May Congress forever remember the drew Tubis. Head Coach: Christopher Abdoo. greatness of this young man through his HON. CHRISTOPHER SHAYS words as well as his heroic actions. f OF CONNECTICUT THE LEADER IN THE HOUSE OF REPRESENTATIVES (By Dimmy Gavriel) TRIBUTE TO CONGRESSMAN Monday, December 6, 2004 How will words of beauty KLECZKA Sprout root on deafened ears? Mr. SHAYS. Mr. Speaker, in November When many choose to follow 2004, the American Physical Society (APS) re- And so few dare to lead HON. RON KIND leased a report on the Moonars program. The Forsaken dreams lie prisoners report reached many important conclusions OF WISCONSIN In vapid minds left blank and I encourage my colleagues to review Of countless, breathing numbers IN THE HOUSE OF REPRESENTATIVES APS’s findings. Lined up along the track Currently, NASA’s agenda is set by the Na- And then there are the dreamers Monday, December 6, 2004 tional Academy of Sciences (NAS) Decadal Who see beyond the shroud Surveys. The panel is comprised of out- Distinct are they among us Mr. KIND. Mr. Speaker, I rise today to honor standing scientists who represent the full They shuffle through the crowd a fellow Member and friend, Congressman range of research within astronomy. JERRY KLECZKA, and to congratulate him on Hope lives among so few According to the report, the scope of the Yet strong it is I know his twenty years of outstanding service to For I am still a dreamer Moon-Mars initiative has not been well de- those in Wisconsin’s 4th Congressional Dis- fined, its long-term cost has not been ade- Along the track I go trict. f quately addressed, and no budgetary mecha- Since the age of twenty-four, Mr. KLECZKA nisms have been established to avoid causing RECOGNIZING THE NEW HART- has been active in the public service sector damage to NASA’s scientific program. FORD HIGH SCHOOL BOYS VAR- and has served in the House of Representa- To accommodate the Moon-Mars initiative, SITY SOCCER TEAM tives since 1984. Mr. KLECZKA has made a NASA has already begun to reprogram its ex- timeless effort to serve his constituents and isting budget, resulting in indefinite postpone- HON. SHERWOOD BOEHLERT has demonstrated his commitment to serve ment or delay of scientific programs that were OF NEW YORK those in his local community by becoming a assigned high priority by the NAS decadal IN THE HOUSE OF REPRESENTATIVES member of the Hispanic Chamber of Com- studies. The consensus achieved by the committee Monday, December 6, 2004 merce, the Brady Street Area Association, and America’s Black Holocaust Museum. is that the recent success of the Mars Rovers Mr. BOEHLERT. Mr. Speaker, I rise today demonstrate that we can use robotic means to to recognize the New Hartford High School Mr. KLECZKA has illustrated his desire to address many scientific questions. The panel Boys Varsity Soccer team. On Sunday, No- meet the needs of his constituents by ad- also found that human exploration has a role vember 21, 2004, the team concluded an dressing a variety of issues while serving in in NASA, but it must be within a balanced pro- amazing season by winning the New York the House of Representatives. The people of gram in which funding is distributed to other State Public High School Athletic Association southeast Wisconsin were once faced with the initiatives as well. Class A Title. severe problem of elderly abuse in public APS makes 3 recommendations, which I en- The New Hartford Spartans Varsity Soccer housing complexes. Recognizing the severity courage Members of Congress to take into team boasted a 21–2–2 record at the end of of this situation, Mr. KLECZKA fought back with consideration as we continue the debate on the season thanks to the leadership of Coach strong legislation resulting in Milwaukee be- the President’s Moon-Mars proposal. Christopher Abdoo and Team Captains An- coming the first city in the nation to provide el- First, NASA should continue to be guided by drew Donovan, Stephen Peck, and Matthew derly-only public housing. the recommendations of the NAS decadal Pecheone. Due to the outstanding efforts of studies in formulating its science programs. Mr. KLECZKA has demonstrated not only his the Spartans, they remained undefeated at Second, before the United States commits desire to improve the health and well-being of home and set team records for fewest goals to the Moon-Mars proposal, a review of the elderly in unsafe living conditions, but he has scored against in a season and most wins in initiative’s science impact should be carried a season. also fought for measures to decrease health out by the NAS. I would also like to recognize Team Captain care costs and increase personal privacy for Finally, before the United States commits to Matthew Pecheone, and Goalkeeper Max deserving Americans. the Moon-Mars proposal, the GAO should esti- Silberlicht for their outstanding individual Mr. KLECZKA has also displayed his leader- mate the likely budgetary impact. achievements. Matthew Pecheone set both ship capabilities by representing not just those Given our country’s fiscal challenges, I do the school record for number of goals scored in his district, but all citizens from Wisconsin not think we can afford manned flights to other in a season and total number of points in a by serving on the House Ways and Means planets at this time. I am willing to support season. Max Silberlicht set the record for the Committee. This committee has allowed him more unmanned space flights, provided their most shutouts in school history by a goal- to take an active role in the legislative process mission goals are well-defined. keeper. and effectively serve the people of Wisconsin. It seems to me NASA’s activities should be The title match against the Jericho driven by science, not destinations. This report Jayhawks went into four overtime periods, Mr. KLECZKA has served in the House of provides important information on NASA’s fu- ending in a draw and both teams holding the Representatives in a respectful manner, and ture and I strongly encourage my colleagues title ‘‘State Champions’’. After a game-tying his creative insight for implementing new pol- to read it and take the findings into consider- goal in the second-half, the New Hartford icy and unselfish dedication to serving others ation as we continue the debate on Moon- Spartans tied the game due to the same tena- will be greatly missed but not forgotten. Mars. cious defense that set the school record for To the Wisconsin delegation, the retirement f fewest goals allowed. I commend the players of JERRY KLECZKA may feel like the Packers HONORING WENDY ABRAMS and coaching staff of the New Hartford Spar- losing the leadership and dedication of their tan Boys Varsity Soccer team for the hard head coach Mike Sherman. It will be very dif- work, training, and dedication. Congratula- ficult to follow in the footsteps of Mr. KLECZKA; HON. RAHM EMANUEL tions, we are very proud of you. however, I am confident that my fellow Wis- OF ILLINOIS The 2004 New Hartford High School Boys consin members will follow the example Jerry IN THE HOUSE OF REPRESENTATIVES Varsity Soccer team members include: Mike Alcott, Eric Anderson, Aaren Ashmore, Nick Kleczka began twenty years ago. Monday, December 6, 2004 Bergmann, Hans Bjerke, Mihir Buch, Anish I want to thank JERRY for his leadership and Mr. EMANUEL. Mr. Speaker, I rise today to Butala, Andrew Donovan, Matthew Eadline, his friendship. I wish him the best of luck on congratulate Wendy Abrams of Highland Park, Brandon Goodman, Erik Jerrard, Milind his new endeavors. Illinois, on the occasion of her 40th birthday.

VerDate Aug 04 2004 03:02 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A06DE8.052 E06PT1 E2158 CONGRESSIONAL RECORD — Extensions of Remarks December 6, 2004 I have long admired Wendy for her dedica- I also commend Whitko High School’s art able and healthy recreation opportunities for tion to our community, particularly with respect teacher Walter C. Malicki for his dedication local residents. to safeguarding the environment. She is com- and enthusiasm. Under his guidance, Whitko We join in honoring the individuals whose mitted to making the world a better place and High School students have received 32 na- vision created an unprecedented Regional ensuring that future generations of Americans tional and 97 international awards. These hon- Park System and the individuals who continue will inherit a thriving and healthy planet. ors are due, in large part, to Mr. Malicki’s to ensure the East Bay Regional Park Dis- Wendy has worked on both the national and leadership and the encouragement he gives trict’s success. local level to protect the environment—on each of his students. f issues ranging from conservation to climate Once again, I extend my congratulations to IN MEMORY OF DOLLY NASH, A change and the impact of environmental poli- the Whitko High School art students for their DISTINGUISHED AMERICAN cies on the developing world. She is highly achievements in the 35th World School Chil- knowledgeable about current environmental dren’s Art Exhibition. issues and a passionate advocate for positive f HON. JOE WILSON change. OF SOUTH CAROLINA Wendy is a member of the National Council TRIBUTE TO THE EAST BAY RE- IN THE HOUSE OF REPRESENTATIVES of Environmental Defense, an organization GIONAL PARK DISTRICT CELE- Monday, December 6, 2004 that finds ways to preserve our environment BRATING 70 YEARS OF RE- while also strengthening the economy, such GIONAL PARKS Mr. WILSON of South Carolina. Mr. Speak- as market incentives that reward governments er, I rise to remember a distinguished South and businesses for lowering pollution levels. HON. FORTNEY PETE STARK Carolinian, Janet Dolly Nash. Dolly Nash and In addition, Wendy is a member of the Na- her husband always flew the American flag at OF CALIFORNIA their home in Beaufort, South Carolina. She tional Advisory Council of the Sierra Club IN THE HOUSE OF REPRESENTATIVES Foundation, which is dedicated to preserving was a proud American. Not long ago, Dolly wildlife and promoting responsible use of the Monday, December 6, 2004 ‘‘passed’’ (a term often used in my state). She Earth’s ecosystems and resources. Mr. STARK. Mr. Speaker, my East Bay Cali- died in Cape May, New Jersey, a community Wendy’s interests and influence reach be- fornia colleagues Mr. GEORGE MILLER, Mrs. with which Beaufort shared her. A retired yond environmental concerns to include other ELLEN TAUSCHER, and Ms. BARBARA LEE, join school teacher, Dolly gave of her wide knowl- matters important in our community. For ex- with me to recognize the 70th anniversary of edge to many others—others who will remem- ample, she has been an active participant in the East Bay Regional Park District (EBRPD), ber her and her lessons of life. the Holocaust Education Foundation and is an headquartered in Oakland, California. The Dolly Nash believed it was her mission to owner of Medline Industries, Inc., a private Park District spans Alameda and Contra Costa promote the legacy of her great grandfather, medical equipment distributor. Wendy has al- Counties and encompasses 1,745 square Robert Smalls, a legend in the Beaufort area. ways expressed a strong interest in effective miles on the eastern side of San Francisco. Despite his status as a slave of only 23 years health care reform as well as a broad array of In 1934, a unique ‘‘regional park’’ concept, of age, Robert Smalls learned to be a pilot in other important public policy initiatives. unheard of at the time, was presented to the Charleston Harbor. During the Civil War, he Mr. Speaker, Wendy Abrams is helping to voters on a November ballot measure. A vote ‘‘commandeered’’ the Confederate vessel make the world a safe and healthy place for for the proposed new Park District meant an Planter and delivered it to Union forces. He our children. I am proud to call Wendy a good increased five-cent tax on every $100 worth of rose to the rank of major general in the South friend, and I thank her for her contributions to property. Even in the economic hardships of Carolina militia. After the war he founded the public service. I wish Wendy, her husband the Great Depression, where a nickel still went Republican Party in the Beaufort area and Jimmy, and their four children continued good a long way, citizens approved the initiative by was elected to the United States House of Representatives. In April of this year, the Army fortune on the occasion of her 40th birthday. a 21⁄2 to 1 margin and the Park District was f created. Supply Ship, Major General Robert Smalls, was christened in Mississippi, the first Army COMMENDING WHITKO HIGH The East Bay Regional Park District opened its first three parks in 1936, which included vessel to bear the name of a black American. SCHOOL ART STUDENTS ‘‘Dolly was everywhere, just like sunshine,’’ present-day Tilden Regional Park, Sibley Vol- says Delores Nevils of St. Helena, South canic Preserve and Lake Temescal. Redwood Carolina, a close friend of Dolly’s and herself HON. MARK E. SOUDER Park was added to the list of parks a few OF INDIANA a fine American. In a recent article in the years later. IN THE HOUSE OF REPRESENTATIVES In the intervening years, the Park District Beaufort Gazette, Mrs. Nevils extolled Dolly Monday, December 6, 2004 grew from seven cities—Alameda, Albany, and described her extensive service to her community. As Mrs. Nevils described it, at her Mr. SOUDER. Mr. Speaker, I rise today to Berkeley, Emeryville, Oakland, Piedmont and 75th birthday party, Dolly gave gifts rather commend the artistic achievements of stu- San Leandro—to encompass all of Alameda than received them. Dolly Nash gave many dents at Whitko High School in South Whitley, and Contra Costa counties. gifts to many people in her lifetime. She her- Indiana. Whitko High School was one of 11 Today, the East Bay Regional Park District self was a gift to the people of Beaufort, of schools in the United States that recently par- is the largest local park agency in the United South Carolina and of America. I would like to ticipated in the 35th World School Children’s States. It encompasses over 95,000 acres of share with you the memory of Dolly Nash. Art Exhibition in the Republic of China, Taipei. parkland in Alameda and Contra Costa Coun- The purpose of the exhibition is to promote ties for outdoor recreation, wildlife habitat, and f mutual understanding and friendship among nature education. TRIBUTE TO SHIRLEY CONNOLLY the younger generation of the world. The Park District’s vision is to ‘‘preserve a It is a tremendous honor for Whitko High priceless heritage of natural and cultural re- HON. ANNA G. ESHOO sources, open space, parks and trails for the School students to be recognized for their ar- OF CALIFORNIA future and will set aside park areas for enjoy- tistic abilities on an international level, espe- IN THE HOUSE OF REPRESENTATIVES cially considering 47 countries were rep- ment and healthful recreation for generations resented at the exhibition. to come. EBRDP states ‘‘an environmental Monday, December 6, 2004 I’d now like to recognize by name each of ethic guides us in all that we do.’’ Ms. ESHOO. Mr. Speaker, I rise to honor the eight Whitko students who participated in The Park District’s core mission is to ‘‘ac- Shirley Connolly, who was recently honored the competition: Renae Banks, Julianne quire, develop, manage, and maintain a high with the prestigious St. Madeleine Sophie Haines, Wendy Chalk, Amanda Crosser, quality, diverse system of interconnected park- Medal by the Schools of the Sacred Heart in Callista Duggins, Kylee Brown, Jill Wendel, lands which balances public usage and edu- Atherton, California. and Shannon Sleighter. Two of these stu- cation programs with protection and preserva- Shirley was born in Helena, Montana and dents—Julianne Haines and Shannon tion of our natural and cultural resources.’’ became a San Franciscan at the age of Sleighter—were recognized by the World The vision and mission of the East Bay Re- seven. She graduated from the San Francisco School Children’s Art Exhibition for their out- gional Parks continues to be achieved with College for Women, better known as Lone standing artistic skill and talent and were commitment and efficiency. For 70 years, the Mountain College, with a Bachelor’s Degree in awarded selected medals for their work. I East Bay Regional Parks has been dedicated History and World Literature, and later re- send them my sincere congratulations. to preserving open space and offering enjoy- ceived a Master’s from Lone Mountain in

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American History. Shirley also completed RECOGNIZING THE WEEDSPORT The NDC, through CAL’s leadership, trans- graduate courses in Education at Boston Uni- HIGH SCHOOL FOOTBALL TEAM formed how the Democratic party worked in versity and Harvard University. the late 1990s. Intent on modernizing both the Democratic party and the country, New Demo- Shirley’s heart was always with Lone Moun- HON. SHERWOOD BOEHLERT OF NEW YORK crats support policies that expand economic tain and she continued her dedication to her IN THE HOUSE OF REPRESENTATIVES growth and see that all Americans have the alma mater, always being a shining example Monday, December 6, 2004 opportunity to benefit from that growth; ensure of her willingness to take on a tough job a fiscally responsible and efficient government; whenever needed. After Lone Mountain Mr. BOEHLERT. Mr. Speaker, I rise today secure the homefront; and advance a robust closed, official alumnae activities understand- to recognize the Weedsport High School foot- foreign policy that includes trade, constructive ably waned and it became difficult to keep ball team for their outstanding achievements U.S. leadership throughout the world, and a graduates and faculty in touch with one an- and victory in the New York State Class D modern and strong military. As a testament of Championships. other. This became Shirley Connolly’s chal- CAL’s leadership, the Clinton Administration The No. l ranked Weedsport Warriors fin- frequently sought allies in the NDC. The Clin- lenge. She has worked hard to preserve this ished their season undefeated, with an im- community, leading the Alumnae Association ton Administration turned to the NDC for the pressive 13–0 record. Setting another mile- critical support of the coalition’s major legisla- for many years and enabling students and stone, this is also the first state championship tion initiatives such as welfare reform and their RSCJ teachers to continue or rekindle in school history to be awarded to any team trade with China. their Lone Mountain relationships. sport. CAL is a fourth-generation farmer and part- Shirley began her own teaching career over Their 22–21 victory over the Tuckahoe Ti- ner in his family farm, growing cotton, alfalfa gers was an amazing feat. After the Tuckahoe 40 years ago at St. Joseph’s School in Ath- and walnuts at his farm in California’s San Tigers claimed the lead during the 4th quarter, erton. After 4 years at Lone Mountain and 3 Joaquin Valley. Through his tenure in the the Warriors were able to narrow that lead on House, CAL has concentrated heavily on Agri- years in the Religious Formation Program, a heroic 83-yard kickoff return by senior Brad Shirley was ready, willing and able to begin culture issues. During the last farm bill, I Bach. Trailing 21–20, the Warriors opted to at- served on the Agriculture Committee and was her career educating girls and young women. tempt a crucial two-point conversion that able to see firsthand how knowledgeable he is Her first teaching assignment was a classroom would give them the lead, thanks to the speed when it comes to farm policy. I look forward to of 35 eighth-grade girls and boys. Shirley’s and agility of junior quarterback Mike working with him again on the next farm bill in warmth and wisdom were more than a match Coolbaugh. The Weedsport Warriors spent the his new role as the President and CEO of Na- for the eighth graders, and this was the begin- remainder of the game maintaining an impreg- tional Food Processors Association (NFPA). ning of her long and tremendously successful nable defense and refusing to buckle under The NFPA is extraordinarily lucky to get one relationship with St. Joseph’s. the pressure of the determined Tuckahoe of- of the top leaders in food policy today. fense. CAL, in addition to his other accomplish- Shirley spent 2 years in what was then I commend the coaching staff and the play- Menlo Park, and then moved to San Francisco ments, is a great student of the big issues fac- ers of the Weedsport Warriors for all of their ing our country today. As long as I have where she served as a teacher, Dean of Stu- training and dedication to the game. Congratu- known him, he has always had a willingness dents and Director of Studies at the Schools lations; I am proud of all of you and your to dive into new subject matters and learn of the Sacred Heart there. After a brief stint in achievements. them as quickly as possible. Newton, Massachusetts, Shirley joined the The 2004 Weedsport High School football I want to thank CAL for his leadership and California Province of the Sacred Heart. This team members include: Roster: Brad Bach, his friendship. I wish him the best of luck on role gave her the opportunity to develop one Brandon Bach, Jeff Bibbens, Mike Bond, Rob- his new endeavors. ert Bradtke, Mike Case, Chris Chorny, Mike of her greatest gifts, the ability to train teach- f ers. Even today, she is highly regarded and Coolbaugh, Mike Davis, Matt Drury, Matt Duby, Kerry Green, Brandon Magill, Mike Mal- CONFERENCE REPORT ON H.R. 4818, remembered throughout the Sacred Heart tese, Ken McLoud, John Meitz, Troy Nelson, CONSOLIDATED APPROPRIA- community for this skill. One of her pupils de- Tyler Nevidomsky, Jeff Whiting, Dave Roden, TIONS ACT, 2005 scribed her as someone who had the common Ed Rooker, Jim Scarbrough, Adam Sweet, Jeff sense to sort through all the academic training SPEECH OF Whiting, Jeff Williams, and Ryan Wright. and understand and pass on what young Coach: Calvin Mosher. Assistant Coaches: teachers really needed to know. After this stint HON. CHRISTOPHER SHAYS Tim Spingler, Jason Trousdale. OF CONNECTICUT with the Province, Shirley returned to Menlo IN THE HOUSE OF REPRESENTATIVES Park in 1973, serving as Principal of the high f school under Sister Nancy Morris until 1975. TRIBUTE TO CONGRESSMAN Saturday, November 20, 2004 In 1976, Shirley set off on a new path, join- DOOLEY OF CALIFORNIA Mr. SHAYS. Mr. Speaker, I support the Fis- ing the Catholic Telemedia Network in Menlo cal Year 2005 Omnibus Appropriations Act, but I would like to state my opposition to the Park. She stayed with CTN until 2002, rising HON. RON KIND Weldon refusal clause provision. through several positions to become General OF WISCONSIN IN THE HOUSE OF REPRESENTATIVES The Weldon provision would exempt health Manager for her last 10 years there. care companies from any federal, state or Monday, December 6, 2004 Shirlley has a gift for combining crystal clar- local government law that ensures women ity and great wisdom with diplomacy, humility Mr. KIND. Mr. Speaker, I am proud to have have access to reproductive health services, and kindness. She is the most generous, self- had the opportunity to serve with such an out- including information about abortion. less person one could ever know. She is al- standing Member of Congress over the past If passed, this provision would have many eight years. I would like to congratulate him on ways available to assist whomever needs negative effects. his retirement from the United States House of It would override federal Title X guidelines help, whenever they need it, without question, Representatives at the close of the 108th Con- that ensure women receive full medical infor- complaint, or regard to her own needs. gress. Serving with him in Congress has been mation. A fundamental principle of Title X, the Shirley has been the best friend to the resi- an honor, and I hope to maintain our friend- national family planning program, ensures dent of Oakwood over the years, always drop- ship in the upcoming years. pregnant women who request information ping whatever she is doing to help with what- Since coming to Congress in 1997, I have about all their medical options, including abor- ever needs to be done. She served as Chair had the pleasure to work with CAL on numer- tion, be given that information, including a re- of its Board of Directors for several years, and ous issues in addition to building and growing ferral upon patient request. has recently accepted an invitation to return to the influence of the New Democrat Coalition I am also concerned this bill does not in- (NDC). If there is one word that best rep- clude an increase in funding for Title X. Each this Board. resents CAL, it is integrity. Upon my arrival in year approximately 4.5 million low-income Mr. Speaker, I ask my colleagues to join me Washington, DC, I immediately turned to him women and men receive basic health care in honoring this great and good woman, Shir- as both a mentor and a friend. As founder and through 4,600 clinics nationwide that receive ley Connolly, as she is honored with the St. co-chair of the NDC, he was always a re- Title X funds. This program reduces unin- Madeleine Sophie Medal. spected voice on critical issues. tended pregnancies and makes abortion less

VerDate Aug 04 2004 03:02 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A06DE8.061 E06PT1 E2160 CONGRESSIONAL RECORD — Extensions of Remarks December 6, 2004 necessary. Had funding for Title X kept pace tegic planning, known as Vision 2006, Father urge my colleagues to join me in congratu- with inflation since 1980, with no additional in- Holtschneider will share his expertise to help lating Mr. Pyles on his recent election. We creases, it would be funded today at double its shape the university’s future initiatives. wish him the best in his 2-year service as current budget. Father Holtschneider has led two national SCORE board chairman. While Title X is receiving flat funding from studies of American Catholic colleges and uni- JAMES W. PYLES ELECTED BOARD CHAIR OF last year, H.R. 4818 gives abstinence-only versities, examining trends in governance and SCORE leadership, and he consults on these matters programs an increase of $35 million. Unlike FIRST AFRICAN-AMERICAN TO LEAD SCORE IN ITS Title X, abstinence-only programs do not pro- with university boards of trustees and spon- 40-YEAR HISTORY vide clinical health services. soring religious congregations. He is the au- thor and co-author of one book and numerous WASHINGTON, DC.—SCORE announces the Additionally, research shows comprehensive election of James W. Pyles of Elkhart, Ind., sex-education programs, which teach both ab- articles on U.S. higher education and Catholic as the board chair for this national nonprofit stinence and contraception, are the most ef- higher education, as well as a frequent speak- organization dedicated to small business fective. There is no federal program that ear- er on these topics. counseling and training. He is the first Afri- marks dollars for comprehensive sex edu- On behalf of the Fifth Congressional District can-American to lead the Service Corps of cation. of Illinois, I wish Father Holtschneider contin- Retired Executives in its 40-year history, I support a woman’s right to choose whether ued success at DePaul University and look SCORE, which is funded by Congress, pro- to terminate a pregnancy subject to Roe v. forward to working with him as the university vides free business counseling as well as workshops and seminars to more than 350,000 Wade. continues to grow and excel in a broad variety of disciplines. I am very proud to represent aspiring and existing small business owners. Abortion is a very personal decision. While SCORE has a national network of 10,500 vol- a woman’s doctor, clergy, friends, family, and DePaul in the House of Representatives and unteers, each with business management and public officials may have an opinion, the ulti- once again congratulate Father Holtschneider small business experience. Pyles will lead mate decision rests solely with her. It is vital on his inauguration as president of the univer- SCORE’s efforts to increase the number of for every woman to have access to as much sity. entrepreneurs it serves, improve quality and information as she needs in order to make this f recruit new volunteers to SCORE. decision. Pyles spent 34 years in sales and mar- CONGRATULATING JAMES W. keting positions with the Bayer Corporation, While I support the bill, I oppose these pro- PYLES ON HIS ELECTION AS his last position as manager of consumer visions and amendments. CHAIRMAN OF SCORE promotion. Prior to retirement, he became f an entrepreneur by opening his own real es- tate management firm. He previously served HONORING DENNIS H. HON. MARK E. SOUDER for three years on the Board of Directors for HOLTSCHNEIDER OF INDIANA the Promotion Marketing Association of America. IN THE HOUSE OF REPRESENTATIVES Pyles joined SCORE in 1996. He has been an HON. RAHM EMANUEL Monday, December 6, 2004 active leader in his local SCORE chapter and OF ILLINOIS Mr. SOUDER. Mr. Speaker, I rise today to served on national quality and marketing extend my congratulations to Mr. James W. committees and the SCORE Association IN THE HOUSE OF REPRESENTATIVES Board of Directors for the past three years, Pyles of Elkhart, Indiana, for his recent elec- Monday, December 6, 2004 as Chair of the SCORE Board Nominating tion as board chairman of the Service Corps Committee and most recently as board vice Mr. EMANUEL. Mr. Speaker, I rise I recog- of Retired Executives (SCORE). Mr. Pyles is chair. nize the inauguration of The Reverend Dennis the first African-American to lead this national Jim Pyles says, ‘‘SCORE will forge ahead H. Holtschneider, C.M., as the eleventh presi- nonprofit organization in its 40-year history, on a course to pursue maximum client satis- dent of DePaul University, on Saturday, No- and I know he will lead SCORE well in its ef- faction and increase the number of entre- vember 20 at the Harris Theater for Music and forts to train and counsel small business own- preneurs we serve. I believe in the American Dance School. Father Holtschneider became ers and entrepreneurs. dream of owning a small business and DePaul University’s eleventh president on July Mr. Pyles is an energetic and passionate SCORE helps small business owners success- fully pursue their dreams.’’ 1, 2004, following the distinguished eleven- man who believes strongly in the mission of year tenure of the past president, Father John SCORE. His 34-year experience in the sales According to SCORE CEO Ken Yancey, P. Minogue. ‘‘Jim has a depth of business knowledge and and marketing departments at Bayer Corpora- experience. His service on the SCORE Board Father Holtschneider’s background is as im- tion, in addition to his experience as a man- of Directors is a tremendous asset. He will pressive as his future at DePaul is promising. ager of a real estate management firm, will expand SCORE’s service to entrepreneurs He received his doctoral in administration, serve him well in his new capacity as board and he will help SCORE recruit new volun- planning and social policy from Harvard Uni- chairman. teers to join SCORE’s mission of aiding en- versity in 1997 after writing a dissertation on SCORE, which is funded by Congress, cele- trepreneurs through small business training the early history of financial aid in the United brates its 40th anniversary this year. During its and mentoring in the United States.’’ States. He was also a case researcher and existence, SCORE has assisted more than 6.7 Pyles’ accomplished business career is ri- writer for Harvard’s schools of Education, million Americans with online and face-to-face valed by his commitment to community service. His current involvements include Medicine and Public Health. small business counseling. There are 800 of- leadership service for the following organiza- Since 2000, he has served as executive fices nationwide with more than 12,500 volun- tions: The Samaritan Center, Goshen College vice president and chief operating officer at Ni- teer counselors who provide individual coun- Community Advisory Group, and the Elk- agara University in Niagara Falls, New York, seling and business workshops for aspiring hart SCORE Chapter. Pyles is a life member where he directed the university’s strategic entrepreneurs and small business owners. of the National Association for the Advance- planning efforts and daily operations of the Small businesses are critical to this nation’s ment of Colored People and the Kappa Alpha campus. Prior to his role at Niagara, Father economy, having generated 60 to 80 percent Psi Fraternity. Pyles, a graduate of Crispus Holtschneider served as an assistant pro- of the net new jobs annually over the past Attucks High School, earned his under- graduate degree at the Butler University fessor of higher education in the Graduate decade. Small businesses also employ 50 per- College of Pharmacy and his MBA at Indiana School of Education and as the associate cent of the country’s private workforce and Wesleyan University. dean of the College of Liberal Arts and represent more than 97 percent of all export- Since 1964, the SCORE Association has as- Sciences at St. John’s University. ers of goods. sisted more than 6.5 million aspiring entre- Father Holtschneider joins DePaul at an ex- I commend SCORE for its efforts to preneurs and small business owners through citing time in the school’s 106-year history. strengthen and assist small businesses across counseling and business workshops. More Steady enrollment growth has earned DePaul the country, and I urge more people to use than 10,500 volunteer business counselors distinction as the largest Catholic university in SCORE services or get involved as a volun- serve their communities through entre- teer counselor. preneur education dedicated to the forma- the United States and the seventh-largest pri- tion, growth and success of small businesses. vate university in the country, fulfilling Mr. Speaker, I would like to include a copy For more information about starting or op- DePaul’s academic mission to expand access of the press announcement regarding Mr. erating a small business, call 1–800–634–0245 to quality educational programs to a diverse Pyles’ election to the chairmanship of SCORE for the SCORE chapter nearest you. Or visit student body. As DePaul concludes its stra- in today’s CONGRESSIONAL RECORD. And, I SCORE on the Web at www.score.org.

VerDate Aug 04 2004 03:02 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A06DE8.065 E06PT1 December 6, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E2161 THE ANATOMY OF MYTH Too late. The story line was already set. ner. Who knows what the exit poll would And the surprise nature of the moral values have found if ‘‘truth in government’’ were an result boosted its allure for the option. Or ‘‘character.’’ HON. FORTNEY PETE STARK commentariat. When the newspapers could And, most, importantly, the definition of OF CALIFORNIA finally write definitive headlines, the notion moral values is in the eye of the evaluator. IN THE HOUSE OF REPRESENTATIVES that moral values was a synonym for various Most voters probably did think moral values Monday, December 6, 2004 conservative positions became a given—as meant being against gay marriage, stem cell did its decisive effect on the outcome of the research and late-term abortion; but others Mr. STARK. Mr. Speaker, much has been contest. ‘‘Faith, Values Fueled Win,’’ re- undoubtedly thought it meant helping poor written and said about the role ‘‘moral values’’ ported the Chicago Tribune. ‘‘ ‘Values voters’ people or not invading Iraq. For some, moral played in the outcome of the 2004 presidential key to Bush re-election,’’ declared the Fort values may have referred to character at- election. I’d like to recommend the attached Worth Star Telegram. ‘‘Moral Values Decide tributes of the candidates. It is a bit of a article from Sunday’s Washington Post Out- Election,’’ the Tri-Valley Herald in northern Rorschach test. Moral values are not a dis- California told its online readers. crete, clear political issue to be set next to look section to my colleagues. The author, From the modest experiment of one exit taxes or terrorism; it’s public-opinion apples Dick Meyer, Editorial Director for poll question, a Unified Theory of Election and oranges. CBSNews.com, writes about how this focus on 2004 was hatched. Pundits began to spread Gary Langer, the polling director for ABC ‘‘moral values’’ is, ‘‘a neat theory—but wrong.’’ the word. ‘‘Ethics and moral values were as- News who helped design the exit poll but ob- As many of us seek to evaluate this past cendant last night—on voters’ minds, in jected to including the moral values option election, I urge my colleagues to read this arti- Americans’ hearts,’’ William J. Bennett on the issues list, pointed out some of these cle. I agree with the author that this moral val- wrote in a column posted in the National Re- flaws in a Nov. 6 op-ed for the New York ues perspective has been greatly overblown view Online at 11:09 a.m. on the morning Times. He argued that ‘‘this hot-button after the election—even before Kerry’s con- catch phrase had no place alongside defined and does a disservice to a more thorough cession and Bush’s victory speech. political issues on the list of most important evaluation of the election. Several days later, American Prospect Ex- concerns in the 2004 vote. Its presence there [From washingtonpost.com, Dec. 5, 2004] ecutive Editor Michael Tomasky expressed created a deep distortion—one that threat- THE ANATOMY OF MYTH—HOW DID ONE EXIT the apocalyptic Democratic interpretation ens to misinform the political discourse for POLL ANSWER BECOME THE STORY OF HOW in his column: ‘‘The reelection of a president years to come.’’ BUSH WON? GOOD QUESTION. such as George W. Bush for the reasons the Now, to the hard question: Are there more values voters than there used to be? (By Dick Meyer) exit polls tell us he evidently won is a culmi- nating event in the political retreat of mo- In 2000, the consortium that ran the na- Social and intellectual conventions are dernity, a condition of existence whose fun- tional exit poll did not list ‘‘moral values’’ supposed to settle slowly, but conventional damental tenet was the triumph of scientific as an option on their issues menu. At that wisdom can congeal instantly and without skepticism over what used to be called time, it would have been seen as a question much wisdom. That’s what has happened ‘blind’ faith.’’ Wow. about Bill and Monica, and so pretty useless. over the past several weeks with a prevailing And on CNN’s ‘‘Crossfire,’’ co-host Tucker So it’s hard to know whether the slice of the interpretation of this year’s presidential Carlson opened the Nov. 5 show with this electorate concerned with such matters has election—the great moral values theory. categorical assessment: ‘‘Three days after grown during President Bush’s term. The Big Political Idea of the ’04 election the presidential election, it is clear that it We do know that in the 1996 question about goes something like this: ‘‘Moral values’’ was not the war on terror, but the issue of the next administration’s priorities, ‘‘family turned out to be the most important issue to what we’re calling moral values that drove values’’ was tops for 17 percent (behind the voters, not the economy or the Iraq war or President Bush and other Republicans to vic- winner, ‘‘health of the economy,’’ at 21 per- terrorism. President Bush won because a le- tory this week.’’ cent), and that group largely went for Bob gion of ‘‘values voters’’—whose growing Some reporters were even apologetic for Dole. So you could argue that the 17 percent numbers escaped the attention of an inatten- missing the big story. ‘‘Somewhere along the whose top worry was family values and went tive media—preferred him. The Democrats line, all of us missed this moral values heavily Republican turned into 22 percent are doomed until they can woo the voters thing,’’ said CNN’s Candy Crowley in a worried about moral values in 2004. That’s a who belong to this new political force. speech to a Florida audience. slight shift, but hardly a cultural tsunami— It’s a neat theory—but wrong. How it came Political reporters may have many things and remember, no one asked these voters for to be regarded as the real story of Bush’s vic- to atone for, but missing ‘‘the moral values their definition of family values then, or tory is a fascinating and sobering example of thing’’ is not one of them. Plenty of com- moral values now. journalism’s quest for freshness and surprise. mentators have tried to spike this dogma Nonetheless, analysts have been surfing on Here’s the simple fact: The evidence that (including me in one of my columns), but it tidal-wave conclusions. It has become a moral values determined the election rests has proved a stubborn adversary. Let’s take breast-beating crisis for Democrats that the on a single dodgy exit poll question. And it’s another swing at it. values voters who were 22 percent of the not at all clear that more voters are pre- Yes, the issues boiled down into the code electorate went for the Republican by a occupied with moral values now than were phrase ‘‘moral values’’ were a factor in this crushing margin, 80 percent to 18 percent. By fretting about ‘‘family values’’ on Election election. There are voters passionately con- that logic, it must follow that it’s a crisis for Day 1996, when exit pollsters included that cerned with gay marriage and abortion, and Republicans that the 20 percent who care phrase in a question about ‘‘priorities for the an overwhelming number of them supported most about the economy and jobs went 80–18 new administration.’’ But in the often arid President Bush. It’s also clear that gay mar- for the Democrat. and repetitive arena of American political riage ballot initiatives energized these vot- Or perhaps it’s a crisis for the Republicans ideas, fun new contestants can be hard to ers, as did Republican efforts to get out that that the 45 percent slice of the electorate disqualify. The myth of the moral values vote. that describes itself as moderate went for election is proving hard to snuff out. But the size and impact of that cohort has Kerry 54–45? Or that first-time voters went The mantra was in full hum on election been exaggerated. And the impact of other 53–46 for Kerry? So many crises, so few facts night. Television commentators were under- issues (war, terrorism) and leadership quali- to support them. standably struck by the results of the ques- ties was minimized. That’s mostly because of Voting behavior does divvy up Americans tion asked of almost 7,000 voters as they left oddities in the exit poll, but also because into certain patterns. Rural residents and their polling places: ‘‘Which one issue this Big Political Idea conforms to what heavy churchgoers vote Republican. City mattered most in deciding how you voted for some Republican strategists are peddling people and church-avoiders vote Democratic. president?’’ The most cited issue on the list (and their interpretation has the added But these cleavages have persisted in several of seven options offered to those surveyed credibility that winners get in writing his- elections. Moral values didn’t just seep into was ‘‘moral values’’ at 22 percent; 80 percent tory). It also fits neatly the red/blue, ‘‘two the drinking water. of these voters went for President Bush, 18 Americas’’ school of thought, which projects Yet the myth persists. Sometimes it’s per- percent for Democratic nominee john Kerry. the country as deeply divided and at war petuated by partisans claiming that Demo- ‘‘Economy/jobs’’ came next on the list at 20 over cultural issues. crats are hostile to values voters. ‘‘There percent, followed by terrorism (19 percent), If the national exit poll had been worded simply aren’t enough voters in Berkeley, Iraq (15 percent) and then health care, taxes differently, moral values would not have Santa Monica, Santa Fe, Manhattan and and education in single digits. been the top issue and this argument Cambridge to offset the many concerned Brian Healy was the CBS News producer wouldn’t be happening. evangelicals, Catholics and Jews in the rest covering the exit polls, something he has If, for example, one of the choices on the of the nation for whom moral values are a done in many elections. He recalled that ev- exit poll list combined ‘‘terrorism’’ and determining issue,’’ wrote Richard A. eryone was surprised that moral values ‘‘Iraq,’’ it probably would have been the top Viguerie and David Franke in a Nov. 15 Los topped the list as the numbers came in, but concern and nobody would be talking about Angeles Times op-ed. it wasn’t until about 4 a.m. that someone moral values. Sometimes it’s perpetuated by those look- quite innocently asked, ‘‘What exactly are If economy/jobs and taxes were one item ing at the red and blue divide. Even after ‘moral values’?’’ instead of two, it might have been the win- many debunking pieces came out, a story in

VerDate Aug 04 2004 03:02 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A06DE8.069 E06PT1 E2162 CONGRESSIONAL RECORD — Extensions of Remarks December 6, 2004 the Rochester Democrat and Chronicle about of Utah. He then joined the U.S. Navy, which When Sister Ann McGowan, RSCJ hired strained relations in the Christian commu- taught him Japanese, and became an inter- Joan 16 years ago, she was given the oppor- nity noted that ‘‘it has gotten stickier than preter for the U.S. Marine Corps in the Pa- tunity to teach and run the library. Joan recalls ever in the aftermath of a presidential elec- cific theater of war and in occupied Japan. tion in which moral values played a key role Following his discharge, he did graduate with gratitude Sister Helen Daly’s mentoring. in keeping George W. Bush in the White work at the University of Washington and Sister Daly saw in Joan the capacity to be- House.’’ won a Fulbright scholarship to Oxford, where come a bridge where children could find con- A Nov. 22 op-ed in Newsday by political sci- he earned a master’s degree in 1951. solation and support in the new and mys- entist Laura R. Olson also took off from the From 1951 until he retired in 1977, Irvine terious world of books and learning. Anyone fatal assumption. ‘‘The much-touted exit worked at the Federal Reserve Board. The who has ever walked through St. Joseph’s li- poll finding that moral values were the most topic of media bias dominated a group Irvine brary can feel it is a welcoming place of com- important Election Day concern of 22 per- regularly lunched with and soon he founded fort, warmth, trust and generosity. Joan cent of voters highlights the fact that a siz- Accuracy in Media to try to keep the na- able number of Americans expect political tional press honest. doesn’t fit the stereotype of the librarian who leaders to offer a prophetic vision,’’ she Through op-ed pieces, lectures, in-depth only says, ‘‘Shh, be quiet.’’ Joan creates an wrote. I’m not picking on her; that’s just one studies, a regular newsletter and frequent atmosphere of enthusiasm for learning, a example of many I could have cited. appearances on radio and TV, Irvine provided place where children have time to discover, to Other scholars have tried to put the exit evidence that the major media indeed had a be curious, to be imaginative, to know the poll question in perspective. Lawrence R. Ja- liberal bias. The grassroots following he de- value of not knowing and then, of asking the cobs, a political science professor and direc- veloped provided AIM with the resources to question and knowing how and where to find launch national campaigns against the ‘‘gods tor of the 2004 Election Project at the Uni- the answer. Most importantly, Joan guides versity of Minnesota, wrote: ‘‘The initial of the antennae.’’ In 1983, for example, an conclusion of media commentators that AIM crusade convinced the Public Broad- children to recognize that what is essential ‘moral values’ determined the outcome of casting System (PBS) to give equal time to they have within. the 2004 presidential election was off the AIM to rebut an hour-long special, Vietnam: When asked what she hoped for the chil- mark, neglecting the impacts of partisanship A Television History. dren to learn at St. Joseph’s School, Joan and the economy.’’ In 1985, Irvine started Accuracy in Aca- said, ‘‘the value of simplicity and balance in Despite the best efforts of myth-busters, demia to combat leftist teachings at U.S. life; the value of time to be; the value of being the moral values doctrine has morphed from colleges. present to the moment; the value of embrac- For those outside the movement, Irvine a simple poll finding to a grand explanatory ing life wholeheartedly; the value of working in theory to gospel truth. This contaminated may be best remembered for his spirited ap- strain of punditry needs to be eradicated be- pearances at town hall meetings hosted by community; the value of human touch; the fore it spreads further. Ted Koppel on ABC’s ‘‘Nightline.’’ Perhaps value of experiencing joy in the process of the most poignant tribute to Irvine came f learning.’’ from Koppel. ‘‘Reed Irvine was, at times, a Mr. Speaker, I ask my colleagues to join me REMEMBERING REED IRVINE harsh critic of the television news industry in honoring this great and inspiring educator, and me in particular,’’ Koppel told Human Joan Eagleson, as she is honored with the St. Events, ‘‘but throughout the many years Madeleine Sophie Medal. HON. JOE WILSON that I knew him, he was never anything but OF SOUTH CAROLINA courtly and personally gracious. Just as I f would insist that all other enterprises in our IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE MCGRAW HIGH Monday, December 6, 2004 society benefit from the presence of a crit- ical and fearless press, so, too, the press ben- SCHOOL LADY EAGLES ON THEIR Mr. WILSON of South Carolina. Mr. Speak- efits from being held to high and occasion- SOCCER CHAMPIONSHIP er, as America has experienced a presidential ally harsh standards. Reed Irvine fulfilled election marred by shocking media bias, it is that function to the greater good of all.’’ HON. SHERWOOD BOEHLERT Irvine leaves his wife of 56 years, Kay a sad reminder how important Reed Irvine’s OF NEW YORK Araki Irvine, son Don (who succeeded him as visionary role has been to promote fairness. president of Accuracy in Media), and three IN THE HOUSE OF REPRESENTATIVES Never before has the need been greater with grandchildren. Monday, December 6, 2004 CBS News presenting forged military records f as fact, with The New York Times contriving Mr. BOEHLERT. Mr. Speaker, I rise today an October surprise hoax to slander America’s TRIBUTE TO JOAN EAGLESON to recognize the McGraw High School Lady troops, with multiple news organizations glee- Eagles for their outstanding performance and fully producing fraudulent exit polls to influ- HON. ANNA G. ESHOO their victory in the New York State Class D Soccer Championship. ence voters, and with the Public Broadcasting OF CALIFORNIA The Lady Eagles won the title match with a System hysterically forecasting on election IN THE HOUSE OF REPRESENTATIVES night a coup by Bush supporters. Despite 1–0 victory over Chateaugay on November Monday, December 6, 2004 these attacks, the voters knew better and 20th. Under the leadership of coaches John President Bush prevailed. Ms. ESHOO. Mr. Speaker, I rise to honor and Kathy Rutan, they concluded an amazing Fortunately, the propoganda purveyors have Joan Eagleson, who was recently honored undefeated season with winning the state been unmasked by Reed Irvine with the as- with the highest award of Sacred Heart championship. Their impressive 24–0 record sistance of courageous magazines, talk radio, Schools, the St. Madeleine Sophie Medal by was the first perfect season for the Lady Ea- bloggers, and Fox News. the Schools of the Sacred Heart in Atherton, gles, as well as the first state title in school It is particularly fitting that the below obit- California. history. uary was prepared by the noted and coura- An extraordinary educator at St. Joseph’s I would like to recognize goalkeeper Christy geous, crusading journalist John Gizzi in School, Joan has said her greatest teachers Mott, forwards Taryn Bilodeau, Jen Rutan, and Human Events for the week of November 22, are the children she works with every day. midfielder Laura Buerkle for their outstanding 2004. The children are her delight and lifeline. Joan individual achievements. Christy Mott was DEATH OF A WATCHDOG: REED IRVINE (1922– believes children are grounding and one has awarded the State Tournament Class D Goal- 2004) only to listen to their truth and see their beau- keeper award, as well as an Honorable Men- (By John Gizzi) ty. Joan’s ability to really hear children draws tion in the Central Counties League All-Stars. To many liberals in the media targeted by them to her and she is always there for them. Taryn Bilodeau, in addition to being named a his pointed criticisms, Reed Irvine, the Joan received her MA in Counseling from Central Counties League All-Star, scored her founder of Accuracy in Media, was a tor- the College of Notre Dame. Recognizing the 100th career goal this season, was named to menter. But to his legions of friends and ad- need for children to be heard, she spear- the 2nd team in the Central New York All-Star mirers he was the ‘‘Sergeant Joe Friday of headed the Middle School Advisory Program voting, and the Section III Class D All-Star the American media.’’ and the Rainbows Program. Joan is mar- Team. Along with Bilodeau, Jen Rutan and Following his death on November 16 from velous at helping children recognize the light Laura Buerkle shared Central Counties complications following a stroke, the 82- and love in themselves. One student said, year-old Irvine was remembered as the con- League All Star positions, as well as Section servative movement’s pioneering media ‘‘Have you ever noticed how good you feel III Class D All-Star honors. watchdog. about yourself after talking with Mrs. Their remarkable season is a testament to Born in Salt Lake City, Irvine graduated Eagleson?’’ What better testimony to Joan’s their dedication and commitment to the sport in 1942, at the age of 19, from the University ability to bring out the best in a person. and to the character of these young ladies.

VerDate Aug 04 2004 03:02 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A06DE8.074 E06PT1 December 6, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E2163 The 2004 McGraw High School Girls Soccer larly meets with enlisted personnel and offi- my Congressional District, which this year is team members include: Roster: Sarah cers to assess their needs. As a result of his celebrating its 35th Anniversary. Bilodeau, Taryn Bilodeau, Laura Buerkle, unflagging efforts on their behalf, Congress The Committee, a local public service Monica Byron, Caroline Byrne, Megan has invested in improved base housing, better group, has solicited the involvement of the Camillo, Jamie Harriger, Rachel Harriger, medical care, increased pay, and more mod- total Morris County community, and especially Natasha Ignatowski, Ashley McAdam, Allison ern equipment. its young people, in its annual services com- Murray, Christy Mott, Diane Ralyea, Amanda Chairman YOUNG has also successfully memorating the birth of Martin Luther King, Jr. Reynolds, Heather Rogers, Jen Rutan, Aman- fought for the health security of every Amer- since 1970. This celebration of faith, endur- da Stevens, Sandra Suomikallio, and Kaci Wil- ican. A leading advocate for increased bio- ance, and commitment is a tribute to the rich liams. Coach: John Rutan, Assistant Coach: medical research, he has worked to double legacy of the life and works of Dr. King. Kathy Rutan. Federal medical research over 5 years. He The Observance for 2005 marks the Twen- f has striven to increase the immunization rate tieth year that Dr. King’s birthday will be com- for preschoolers, improve public health pro- memorated as a national holiday. As an ex- A TRIBUTE TO CONGRESSMAN C.W. grams, and provide the resources necessary pression of local unity and in recognition of BILL YOUNG AT THE CLOSE OF to find cures for scourges like Parkinson’s and this important event, the Martin Luther King HIS REMARKABLE TENURE AS Alzheimer’s diseases. Observance Committee is inviting the Morris CHAIRMAN OF THE HOUSE COM- In 1986, Chairman YOUNG played a leading Clergy Council to cooperate with the Com- MITTEE ON APPROPRIATIONS role in founding a national registry for bone mittee in jointly sponsoring the commemora- marrow donors, which now bears his name in tive services on Monday, January 17, 2005. HON. KATHERINE HARRIS his honor. Today, the registry contains more The Martin Luther King Observance Com- OF FLORIDA than 4 million volunteer donors for patients mittee will use for a theme ‘‘The Dream of IN THE HOUSE OF REPRESENTATIVES with leukemia and other life-threatening dis- Peace Is Dedicated Wholly to Truth.’’ Each of Monday, December 6, 2004 eases and serves as a model for similar dis- us still makes a difference. Each of us needs eases around the world. to trust, to hope, to care, and to have the Ms. HARRIS. Mr. Speaker, I rise today to Mr. Speaker, we look forward to many more courage to make our democracy work for all if pay tribute to my distinguished friend and Flor- years of effective, caring service from this us. Yes, today we face great uncertainty and ida colleague, Congressman C.W. BILL dedicated public servant, who exemplifies the trepidation. Nevertheless, we will pull together YOUNG, as he concludes his remarkable ten- appellation, ‘‘the gentleman from Florida.’’ as a community and nation during time of cri- ure as Chairman of the House Committee on f sis. We are Americans indeed. Appropriations. From those individuals who spearheaded During his 17 terms in Congress, Chairman HONORING THE UNIVERSITY OF the initial celebration, the late Rachel Viola YOUNG has set the benchmark for integrity, COLORADO’S MEN’S AND WOM- Jones and Dr. Felicia B. Jamison, the planning compassion, and diligence in serving his con- EN’S NATIONAL CHAMPION efforts has broadened to include members of stituents, our State, and our Nation. With his CROSS COUNTRY TEAMS the Morris Area Clergy Council, with rep- steady hand at its tiller, the Appropriations resentatives from all major faith traditions. In Committee has remained a sanctuary of com- HON. MARK UDALL addition to the two founders, other volunteers ity and productivity as it navigated the heavy OF COLORADO who assisted in the early years included winds of terrorism, recession, the stock market IN THE HOUSE OF REPRESENTATIVES Emma L. Martin, George Dorsey, William crash, and corporate scandals, as well as the ‘‘Jack’’ Harris, Reginald and Emanueline Monday, December 6, 2004 budgetary pressures that these crises pro- Smith, Flora Webb, Norman Jean Matthews, duced. Mr. UDALL of Colorado. Mr. Speaker, I rise Woody Huff, Elizabeth Lubar, Cecelia Dowdy, Of course, we Floridians were extremely for- today to honor the Men’s and Women’s Cross Rabbi Z. David Levy, and Rev. Charles Marks. tunate that this island of calm resolve was Country Teams of the University of Colorado The core planning committee is continuing serving as Appropriations Chairman when our for claiming the NCAA National Championship to carry on a tradition of excellence for this State suffered the devastating, unprecedented titles on November 22, 2004. great program and has grown to include dedi- blows of four hurricanes earlier this year. With- While the University of Colorado has won cated volunteers. Some of those individuals in- in days after we returned from the August Dis- the title for both teams before, the men’s clude Charles Jamison, Jr., James Mack, trict Work Period, Chairman YOUNG built a squad in 2001 and the women’s team in 2000, Janet Bonar, Patricia Johnson, Esq., Barbara consensus around a $2 billion relief package never before have teams of the university Klingsporn, Mae Williams, Ronnie Rogers, Elie that the victims of this disaster desperately claimed both titles in the same year. In fact, Sims, Nadine Alston, Rabbi Donald Rossoff, needed—just as FEMA’s available funds were this remarkable feat has happened only four James Vance, Horace Melton, Marian Sykes exhausted. times in NCAA cross country history. Both Johnson, Gerald Martin, Dorothy C. Parker, During our consideration of the subsequent teams achieved their goal of winning the na- Agnes Boyd, Rev. Paul Ratzlaff, and Rev. $12.6 billion supplemental relief bill, the pres- tional championship by all five of the female Jerry M. Carter, Jr., Pastor of the Calvary sure to include other disasters naturally arose. runners finishing in the top thirty, and all five Baptist Church. Exhibiting the same empathy and fairness that of the male runners in the top fifty. Mr. Speaker, I am quite certain that the served as the hallmark of his chairmanship, These athletes are the epitome of dedica- Martin Luther King Observance Committee will Chairman YOUNG managed to address these tion and hard work. I join the University of Col- continue in the years ahead to promote the concerns while achieving swift passage of this orado in taking pride in this noteworthy ac- cause of equality and educate our community legislation. complishment. in helping to promote opportunities for our Our Nation has been just as fortunate that Mr. Speaker, I commend these student ath- young people to pursue productive, fulfilling Chairman YOUNG headed the Appropriations letes and ask all our colleagues to join me in lives. I ask you and my colleagues to join me Committee as we confronted the daunting congratulating the University of Colorado in congratulating the Martin Luther King Ob- challenges of a changed world in the after- Men’s and Women’s Cross Country Team on servance Committee of Morristown as they math of September 11. A veteran of the Army their National Championships. celebrate 35 dedicated years of serving our National Guard, Chairman YOUNG has gar- f community, and especially Chairwoman Dr. nered national recognition for his expertise on Felicia Jamison. HONORING 35 YEARS OF defense and security issues. He had pre- f viously chaired the House Appropriations Sub- COMMUNITY SERVICE committee on National Security, and he has THE BATTLE OF THE BULGE served the longest term on the House Perma- HON. RODNEY P. FRELINGHUYSEN nent Select Committee on Intelligence of any OF NEW JERSEY HON. VITO FOSSELLA member in history. IN THE HOUSE OF REPRESENTATIVES OF NEW YORK While ensuring that our military has the best IN THE HOUSE OF REPRESENTATIVES resources available to fight the War on Terror, Monday, December 6, 2004 Chairman YOUNG has always placed his high- Mr. FRELINGHUYSEN. Mr. Speaker, I rise Monday, December 6, 2004 est priority upon the men and women who risk today to honor the Martin Luther King Observ- Mr. FOSSELLA. Mr. Speaker, sixty years their lives to preserve our freedom. He regu- ance Committee of Morristown, New Jersey in ago this week, one of the greatest battles of

VerDate Aug 04 2004 03:02 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A06DE8.078 E06PT1 E2164 CONGRESSIONAL RECORD — Extensions of Remarks December 6, 2004 World War II took place. While D-Day had put B. Siewers, David Silver, Charles Snyder, Eu- powerment and independence. As a result, in- the Nazis on the ropes, the war wasn’t over gene Sobiesiak, Eugene Sorensen, John dividuals take care of each other to ensure a yet; as General George S. Patton reportedly Spiritus, Joseph Sportiello, Joseph Sterbenz, progressive society, creating a community said at the time, the Germans could no longer Ralph Taliento, Herbert Thompson, Dennis committed to generosity and equality. It is out win the war, but the Allies could still lose it. Tobin, Horace Turner, Anthony Vaccaro, Ira of this culture that numerous organizations Lengthening supply lines had endangered Wells, Susan Witman, Peter T. Zacked, have sprouted and grown upon the foundation the Allied drive to Berlin and reduced the ef- Dominick Zero, M. Riccio. of service to others. fectiveness of American and British forces. f At its inception, the Waynesboro Lions Club Logistical miscalculations were a serious prob- adopted a commitment to service, which re- lem as well. HONORING BRIGADIER GENERAL flects the cornerstone upon which this Nation Then the weather turned bitterly cold; heavy HAROLD KING was built. Since 1929, the club has maintained snow and sleet took its toll on soldiers who this commitment by contributing to numerous had gone days without sleep. It became even HON. PETER A. DeFAZIO community projects. Members of the club have more difficult to hold strained supply lines to- OF OREGON worked tirelessly to improve the quality of life gether. Fuel and ammunition shipments were IN THE HOUSE OF REPRESENTATIVES of those in need, especially the visually handi- not getting where they needed to go. Only the capped. By providing eye exams and glasses, Monday, December 6, 2004 tenacity, courage and ingenuity of the men in as well as assisting in the training of seeing uniform kept the good guys moving. Mr. DEFAZIO. Mr. Speaker, I rise today to eye dogs, the club has made a positive impact D-Day was a victory, but it wasn’t the final remember Brigadier General Harold King of on the area’s visually impaired. victory, as we would soon discover. the U.S. Air Force, Retired. His death on Oc- Without the Waynesboro Lions Club, count- The Battle of the Bulge was crucial. Just tober 7, 2004, ended a remarkable and distin- less area projects would still be unfinished and five months after D-Day, the Allies had yet to guished career of service to the Nation. many of those in need would still be without seal the fate of the Nazi regime. The Benjamin Harold King was born in Okla- aid. The community of Waynesboro has been Wehrmacht would come back with an offen- homa in 1919. He began his successful mili- able to strengthen its cohesion as well as its sive that seemed as if it might be unstoppable. tary career in February 1942 when he enlisted culture because of the direct involvement of The very ‘‘bulge’’ of the battle’s name refers in the Army Air Force as a flying cadet. He the Lions Club. not to some physical place, but to the alarm- was commissioned a second lieutenant in No- The legacy of service that instills a unique ing way our military maps showed the major vember and was flying with a fighter squadron pride in the hearts of every American citizen battle line had ‘‘bulged’’ back towards the Al- in the Philippines a few months later. He has penetrated the walls of the Waynesboro lies. served proudly and well during World War II, Lions Club and influenced the lives of scores Ultimately it proved to be the Nazis’ last flying 122 combat missions in the Asiatic-Pa- of people. For its commitment to the citizens gasp, but we couldn’t know that at the time. cific and European-Middle Eastern theaters. of Pennsylvania throughout the last 75 years, Had the German offensive not been crushed, He went on to log 226 combat missions in I am extremely grateful to the Waynesboro their improved morale could have caused Korea and over 100 combat missions in Viet- Lions Club. other reverses and sent the war into a stale- nam. f mate, prolonging it and leading to thousands Brigadier General King’s decorations include more being killed. the Purple Heart, the Silver Star, the Legion of HONORING CONGRESSMEN AMO The fighting men of America and the other Merit, a Distinguished Flying Cross, three oak HOUGHTON AND JACK QUINN Allied nations had to summon a fierce will to leaf clusters, the Air Medal with 24 oak leaf beat back this charge, and did so heroically. It clusters, and the French Croix de Guerre. SPEECH OF was one of those occasions that showed how Brigadier General King will be remembered, HON. SUE W. KELLY right America was to trust in these men to as well, for his legacy of leadership as a com- OF NEW YORK keep our families safe. Our debt to them is mander and operations officer. He succeeded IN THE HOUSE OF REPRESENTATIVES enormous. at every assignment and is revered as the fa- Friday, November 19, 2004 These men deserve the highest respect. ther of the modern USAF Air Commandos and The Battle of the Bulge was one of the most Special Operations. Mrs. KELLY. Mr. Speaker, I rise today to important moments of the second World War, Brigadier General King flew combat in three extol the dedicated public service and and winning it was critical to winning the war. wars and served in the military for over 30 achievements of two fellow New Yorkers who Below are 82 veterans and family members years before retiring in 1971. He resided in are retiring from Congress. AMO HOUGHTON of that battle from my home district, Staten Is- Florence, Oregon, in my congressional district, and JACK QUINN have both exemplified com- land and Brooklyn, in New York. It is important at the time of his death. mitment and effectiveness during the time they that we honor their sacrifice while they still A flight of four F–15s flew directly over his served their constituents in Washington. Their walk among us: memorial service, a few hundred feet above outstanding presence in this chamber will be William Abell, B. Roger Acker, Albert the local airport where his family, friends, and missed. Agnotti, Elmer Van Arrindell, Salvatore community members watched the perfect When it comes to obtaining federal assist- Baratta, Peter P. Benedetto, Anthony Bianco, ‘‘Missing Man’’ formation. It was a fitting trib- ance toward New York’s widespread transpor- Dennis Bracket, Maryann Briney, Carmine ute to Brigadier General Benjamin H. King, tation needs, JACK QUINN has fought and won Burzumato, Gertrude Calvacca, James Camp- Flying Ace. millions of dollars for our state. It has been an bell, John Capano, Paul Capofari, Barbara f honor to work together with him on the House Carreras, Raymond Cebula, Rubin Cohen, Ed- Transportation and Infrastructure Committee. ward Connors, Dominic Corcillo, Anthony CONGRATULATING THE WAYNES- During his 12 years in Congress, JACK QUINN Cuollo, Edward Curran, Vito Dellagarzie, An- BORO LIONS CLUB ON ITS 75TH also has distinguished himself by enhancing thony DeMaio, Vincent DeSetto, Eugene ANNIVERSARY AND INVALUABLE New York’s agriculture industry, protecting our Devlin, Anthony DiRosa, Henry Dudziec, SERVICE TO THE COMMUNITY veterans, and advocating the American worker Frank D’Alleso, Henry J. D’Andrea, Joseph on labor issues. Emmanuele, Angela Fazio, Roy Ferlazzo, Ste- HON. BILL SHUSTER AMO HOUGHTON saved one of his best phen Fiala, Peter Fiorella, Michael Fortier, Wil- OF PENNSYLVANIA achievements for last when he successfully liam Franz, Aldo Furetti, Eugene Gagliardi, IN THE HOUSE OF REPRESENTATIVES fought this year to keep open the George Geissler, Clarence Genau, Finn Canandaigua VA hospital that serves New Gjertsen, Jonas Goldenberg, Stanley Grapes, Monday, December 6, 2004 York veterans. He has made a profound im- Robert E. Holmes, John Hynes, Frank Juliano, Mr. SHUSTER. Mr. Speaker, I rise today to pact on both the domestic and international Rudolph Korman, Robert Landvogt, Alfred congratulate the Waynesboro Lions Club on issues considered in this chamber during his Lotz, William Macaluso, Joseph Magliocco, its 75th anniversary and to recognize the 18 years in Congress, and he has worked tire- Val Manetta, Anthony Moody, William Morris, club’s invaluable service to the community. lessly to boost the economy of New York’s John Nee, Charles Nolan, Lenord Parente, In America, unlike most countries through- Southern Tier. Edwin Petrazzolo, Thomas Poidomani, Joseph out the world, the culture of charitable giving Mr. Speaker, surely I echo the sentiments of Reilly, William Reilly, Seymour Richman, Rev. thrives. This is a nation in which freedom is many in our state when I say thank you to Br. Marion Santor, George Sheppard, Dr. A. our first priority, and with freedom comes em- JACK QUINN and AMO HOUGHTON for taking

VerDate Aug 04 2004 03:02 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A06DE8.083 E06PT1 December 6, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E2165 such a positive and effective approach to rep- ners are chosen by Workforce Management with holography extended beyond the explor- resenting New York in Washington. They al- Magazine. Workforce Management is a maga- atory and into the practical. Benton helped ways put the interests of their constituents zine that provides current trends and informa- create three-dimensional composites of CT first, and both can now retire from Congress tion to business owners. Since 1991, the and MRI scans for medical diagnosis, pro- extremely proud of their storied careers in the Optimas Awards have been a source of ideas, vided retailers with viable options for credit U.S. House of Representatives. direction and inspiration for workforce man- card scanners, and advanced the capabilities f agement professionals. Optimal Award Win- of three-dimensional blueprints for architects ners have pushed their organizations to record and graphic designers. Perhaps his most sig- TRIBUTE TO CONGRESSMAN CAL profits, greater market share, higher stock nificant achievement, Benton invented the DOOLEY value, and better corporate results. rainbow hologram, a process that makes a In 1997, Monical’s began to recognize and hologram visible using common white light. HON. BOB ETHERIDGE instituted a process called the ‘‘service-profit The ‘‘Benton hologram’’ has been critical to OF NORTH CAROLINA chain model,’’ which links employee satisfac- the commercial success of image-based ho- IN THE HOUSE OF REPRESENTATIVES tion with profitability and growth. This model lography. has proven to be a success for Monical’s. Monday, December 6, 2004 In 1980 Benton returned to MIT as a visiting Monical’s has reduced the turnover rate for scientist in the Laser Research Center, and Mr. ETHERIDGE. Mr. Speaker, I rise today employees from 138% in 7001 to 88% today became the founding head of the MIT Media to pay tribute to the service of my colleague, and there have been no turnover among man- Lab soon thereafter. He chaired the long-run- Congressman CAL DOOLEY. agers within the past 18 months. Guest-satis- ning ‘‘Practical Holography’’ meetings for the CAL has been a good friend to me person- faction scores are an enviable 60%. International Society of Optical engineering ally throughout my time here in the people’s The Winning Workforce Award for Full Serv- (SPIE) and found funding for both artists and house. And on the professional level, I have ice is presented by the National Restaurant scientists to attend and exhibit their work. He always been impressed by CAL’s intelligence, Association Educational Foundation and Coca- was instrumental in rescuing the Museum of foresight and just plain hard work. Cola North America. This award honors those Holography in 1992, bringing it to the MIT mu- CAL’s service in this body has probably restaurant and foodservice operators that truly seum. His delight in the scientific and aes- been most influential through the moderate understand that enhancing employee satisfac- thetic applications of holography led to his 15 group of Members in the New Democrats tion ultimately leads to achieving guest satis- patents in optical physics, photography, and Caucus. As co-chair of that pivotal group, CAL faction. Monical’s progressive approach to holography. worked effectively to build bridges between training and development includes a new the two parties to get real results. He cham- blended learning (eLearning) program based As we remember Dr. Stephen A. Benton as pioned balanced budgets, job-creating exports on Harvard Manage Mentor as a fundamental a pacesetter in the field of holography, I am and policies to encourage the technology sec- way to continue to grow and challenge its em- particularly grateful for his vision that science tor. In the process, CAL helped the Democratic ployees. eLearning has helped Monical’s ob- and art could not only coexist, but benefit party to reach out beyond our core base of tain one of the highest employee retention each other. May his memory be preserved for supporters to bring people together to get the rates in the industry. future generations of intellects, academics, job done. Mr. Speaker, I urge this body to identify and and scientific freethinkers. I also have enjoyed working with CAL recognize other companies in their own dis- DOOLEY on our joint service on the Committee tricts whose actions have so greatly benefited f on Agriculture. CAL has had the honor of rep- and strengthened America’s families and com- TRIBUTE TO KRISTINA KIIK resenting one of the largest agricultural re- munities. gions in the nation, a region that grows on the f order of 200 different types of commodities. HON. SAM JOHNSON Representing so many varied agricultural inter- TRIBUTE TO DR. STEPHEN A ests with conflicting needs would present a BENTON OF TEXAS challenge to any member, but CAL made it IN THE HOUSE OF REPRESENTATIVES look easy. In addition to fighting for commod- HON. JAMES P. MORAN Monday, December 6, 2004 ities that often receive little to no support from OF VIRGINIA the federal government, CAL has been a tire- IN THE HOUSE OF REPRESENTATIVES Mr. SAM JONES of Texas. Mr. Speaker, it less crusader for greater funding for agricul- Monday, December 6, 2004 is with great joy that I recognize Kristina Kiik. tural research. As I represent the great agri- Kristina was elected and is believed to be the Mr. MORAN of Virginia. Mr. Speaker, I rise cultural university at NC State, I have deeply youngest elector in the history of the United today to pay tribute to a man who spent his enjoyed working with CAL to bring greater re- States at the Texas State Republican Party life devoted to scientific discovery, and whose sources for AG research. CAL understands Convention last June. that if we don’t invest in the future of agri- accomplishments resonate throughout the culture, we will quickly lose our competitive fields of holography, medicine, and art. Dr. Next week will be a busy one for the 21- advantage in food production to other nations. Stephen A. Benton, inventor and imaging pio- year old Republican in Austin. On December So, Mr. Speaker, I congratulate my friend neer, passed away on Sunday, November 9, 13th, she will cast her vote for President George W. Bush in the State Capitol at the and colleague CAL DOOLEY on the occasion of after a lifetime of teaching, creating, and en- his retirement from Congress, and I look for- riching the lives of others with his indomitable Meeting of the Electoral College. ward to many more great things from him in spirit of wonder. A smart and savvy student at Southern the years to come. Following his undergraduate work at the Methodist University, Kristina is an inspiration f Massachusetts Institute of Technology (MIT), to young people across America. Benton earned his Master’s degree in Science While attending the Hockaday School in HONORING MONICAL’S PIZZA and Ph.D. from Harvard University. He had a Dallas, the Richardson native beat out count- CORPORATION passion that extended beyond academia; Ben- less students across the nation for a coveted ton’s interest in holography—the use of laser position as a Page in the U.S. House of Rep- HON. JERRY WELLER light to produce three-dimensional images— resentatives. Now at SMU, she interned in my OF ILLINOIS stemmed from his fascination with the visual District office and continues to make a dif- IN THE HOUSE OF REPRESENTATIVES presentation of the world. While a student at ference in her community. Harvard, Benton initially worked with What an honor to recognize her for her tre- Monday, December 6, 2004 holographs for Polaroid Corp., immersing him- mendous achievement and I have a feeling Mr. WELLER. Mr. Speaker, I rise today to self in the vision research laboratory that this could be the first of many trips for Kristina honor Monical’s Pizza Corporation (Monical’s) spawned numerous technological advance- to Austin. for receiving the 2004 Optimas Award for Vi- ments for the field of photography. sion and for receiving the 2004 Winning Work- Believing that he could stretch the bound- I urge my colleagues to join me in honoring force Award for Full Service: Family. aries of the artistic and scientific application of this truly remarkable American. The 14th Annual Optimas Awards honor ex- holography, Benton explored the most innova- Kristina, God bless you and God bless cellence in workforce management and win- tive optical uses of his generation. His work America.

VerDate Aug 04 2004 03:02 Dec 07, 2004 Jkt 039060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A06DE8.087 E06PT1 E2166 CONGRESSIONAL RECORD — Extensions of Remarks December 6, 2004 INTRODUCTION OF KOFI ANNAN has worked tirelessly for the betterment of all Southern Arizona I would like to congratulate RESOLUTION of Nashville’s citizens but especially as a Mrs. Dorothy Finley on her receipt of the 2003 champion for the voiceless and disadvan- Zachary and Elizabeth Fisher Distinguished HON. ROGER F. WICKER taged. The leaders of the IMF have long Civilian Humanitarian Award. Though this OF MISSISSIPPI played a vital role in the life of Nashville, and award is a crowning achievement presented to IN THE HOUSE OF REPRESENTATIVES its members include many of the most promi- nent and active of Nashville’s citizens. a person who demonstrates exceptional patri- Monday, December 6, 2004 As many of my colleagues know, Nashville otism and humanitarian concern for members Mr. WICKER. Mr. Speaker, today I am intro- has a long and proud history of community ac- of the U.S. armed forces or their families, this ducing a resolution calling for Kofi Annan to tivism. Nashville played a central role in the honor exemplifies only the tip of the iceberg step down as Secretary-General of the United historic struggles of the civil rights movement, when looking at Mrs. Finley’s contribution to Nations. and it was out of this transformational period our community and State. Under his stewardship, the U.N.’s Oil for in our nation’s history that the IMF was born. Food Program has become one of the largest The organization first grew from the wake of Even before becoming President/CEO of scandals in world history. Saddam Hussein the landmark Supreme Court decision, Brown Finley Distributing, a wholesale distributor for was able to dodge U.N. sanctions, embezzle v. Board of Education. This original group in- Miller Brewing Company, Mrs. Finley was billions of dollars intended for humanitarian cluded leaders from a host of religious faiths working to build and develop our community aid, and strengthen his brutal rule of the Iraqi and denominations, including the Seventh Day one individual at a time by serving as both a people—all under the cover of this U.N. pro- Adventist, the Church of Christ, the Church of teacher and principal in the Tucson Unified gram. God, the Episcopal Church, Islam, Baha’i and School District for over 30 years. The stories As a Member Nation that funds nearly a the Salvation Army. of Mrs. Finley’s kind and generous acts range quarter of the U.N.’s annual budget, it is the Over the past five decades, the IMF has es- United States’ right and responsibility to press tablished itself as a leading advocate for social from privately making donations for worthy for a full accounting of this international em- justice. It has tackled every issue from racism projects to driving students to after school ac- barrassment. Our government must help make to employment to education. One of its most tivities when parents were not available. Mrs. certain the U.N. maintains the confidence and significant achievements has been to establish Finley embodied, during her time in education, respect of the international community. the Trust Fund for Students of Historical Black the ideal friend, teacher, principal, and mentor. With evidence mounting of bribery through- Colleges and Universities, which has provided Today as a leader in our Tucson business out U.N. leadership, it is imperative that Kofi annual scholarships to numerous students community and as a focal point in Arizona in- Annan resign as Secretary-General so all cur- over the years. rent charges can be fully and independently The passion that IMF members have dustry and politics, Mrs. Finley is still making investigated. These allegations of corruption brought to their mission is truly inspiring, and her mark by serving on countless non-profit and mismanagement have irreparably under- few groups can better demonstrate the trans- boards advocating for a variety of causes mined Mr. Annan’s credibility and his capacity formational power of grass-roots commitment ranging from children to seniors. She rep- to head the U.N. He should step down. and activism. It is with great honor and pride resents business and other groups on local f that I recognize the Interdenominational Min- and statewide commissions and still finds time isters’ Fellowship for the work that its mem- HONORING NASHVILLE’S INTER- to work tirelessly for Davis-Monthan Air Force bers have done and will continue to do for the base and other mainstays of our Tucson econ- DENOMINATIONAL MINISTERS’ city of Nashville. On behalf of the people of omy. She accomplishes all of this while run- FELLOWSHIP ON ITS 50TH ANNI- the Fifth Congressional District, I thank the VERSARY IMF for its achievements and congratulate this ning a major business in Tucson and staying organization on its 50th anniversary. close with her large and wonderful family. HON. JIM COOPER f As the Congressman from District 7, which OF TENNESSEE represents much of Southern Arizona I am IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO MRS. DOROTHY FINLEY proud to congratulate Mrs. Dorothy Finley on Monday, December 6, 2004 her 2003 Zachary and Elizabeth Fisher Distin- Mr. COOPER. Mr. Speaker, I am honored HON. RAU´ L M. GRIJALVA guished Civilian Award and I look forward to today to pay tribute to one of Nashville’s fore- OF ARIZONA working with her on building community for most community organizations, the Inter- IN THE HOUSE OF REPRESENTATIVES years to come. denominational Ministers’ Fellowship, on the event of its 50th anniversary on December 8. Monday, December 6, 2004 Since its creation, the IMF has been a pre- Mr. GRIJALVA. Mr. Speaker, on behalf of eminent voice for social justice and change. It my entire constituency in District 7 and all of

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HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate Chamber Action Committee Meetings The Senate was not in session today. No committee meetings were held. It will next meet on Tuesday, December 7, 2004 at 9:30 a.m. h House of Representatives Federal Employee Dental and Vision Benefits Chamber Action Enhancement Act of 2004: S. 2657, to amend part Measures Introduced: 6 public bills, H.R. III of title 5, United States Code, to provide for the 5424–5429; and 1 resolution, and H. Res. 869, were establishment of programs under which supple- introduced. Page H10926 mental dental and vision benefits are made available Additional Cosponsors: Page H10926 to Federal employees, retirees, and their dependents, to expand the contracting authority of the Office of Reports Filed: Reports were filed today as follows: Personnel Management—clearing the measure for H. Res. 868, waiving a requirement of clause 6(a) the President; Pages H10910–14 of rule XIII with respect to consideration of certain resolutions reported from the Committee on Rules Amending the District of Columbia College Ac- (H. Rept. 108–795). Page H10926 cess Act of 1999: Concur in the Senate amendments to H.R. 4012, to amend the District of Columbia Speaker: Read a letter from the Speaker wherein he College Access Act of 1999 to reauthorize for 2 ad- appointed Representative Simpson to act as Speaker ditional years the public school and private school Pro Tempore for today. Page H10897 tuition assistance programs established under the Suspensions: The House agreed to suspend the rules Act—clearing the measure for the President; and and pass the following measures: Pages H10914–15 Correcting the enrollment of H.R. 4818: Concur Amending the Internal Revenue Code of 1986: in the Senate amendment to H. Con. Res. 528, di- H.R. 5394, to amend the Internal Revenue Code of recting the Clerk of the House of Representatives to 1986 to modify the taxation of arrow components. make corrections in the enrollment of H.R. 4818, by Pages H10915–17 a 2⁄3 yea-and-nay vote of 381 yeas with none voting Recess: The House recessed at 3:39 p.m. and recon- ‘‘nay’’, Roll No. 543; Pages H10899–10906, H10918 vened at 6:01 p.m. Page H10918 Limiting the transfer of certain Commodity Credit Corporation funds: S. 2856, to limit the Senate Message: Message received from the Senate transfer of certain Commodity Credit Corporation appears on page 10898. funds between conservation programs for technical Quorum Calls—Votes: One yea-and-nay vote de- assistance for the programs—clearing the measure for veloped during the proceedings of today and appears the President; Pages H10906–09 on page H10918. There were no quorum calls. D1115

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Adjournment: The House met at 2 p.m. and ad- serving priority lands and natural resources in the journed at 7:17 p.m. Highlands region. (Public Law 108–421) H.R. 3936, to amend title 38, United States Code, to increase the authorization of appropriations Committee Meetings for grants to benefit homeless veterans, to improve programs for management and administration of vet- SAME DAY CONSIDERATION OF CERTAIN erans’ facilities and health care programs. (Public RESOLUTIONS REPORTED BY THE RULES Law 108–422) COMMITTEE H.R. 4516, to require the Secretary of Energy to Committee on Rules: Granted by voice vote, a rule carry out a program of research and development to waiving clause 6(a) of rule XIII (requiring a two- advance high-end computing. (Public Law 108–423) thirds vote to consider a rule on the same day it is H.R. 4593, to establish wilderness areas, promote reported from the Rules Committee) against certain conservation, improve public land, and provide for resolutions reported from the Rules Committee. The the high quality development in Lincoln County, rule applies the waiver to any resolution reported on Nevada. (Public Law 108–424) the legislative day of December 7, 2004, providing H.R. 4794, to amend the Tijuana River Valley for consideration or disposition of a conference report Estuary and Beach Sewage Cleanup Act of 2000 to to accompany the bill (S. 2845) to reform the intel- extend the authorization of appropriations. (Public ligence community and the intelligence and the in- Law 108–425) telligence-related activities of the United States Gov- H.R. 5163, to amend title 49, United States ernment, and for other purposes. Code, to provide the Department of Transportation f a more focused research organization with an empha- sis on innovative technology. (Public Law 108–426) NEW PUBLIC LAWS H.R. 5213, to expand research information re- (For last listing of Public Laws, see DAILY DIGEST, p. D1113) garding multidisciplinary research projects and epi- H.R. 1113, to authorize an exchange of land at demiological studies. (Public Law 108–427) Fort Frederica National Monument. (Public Law H.R. 5245, to extend the liability indemnification 108–417) regime for the commercial space transportation in- H.R. 1284, to amend the Reclamation Projects dustry. (Public Law 108–428) Authorization and Adjustment Act of 1992 to in- f crease the Federal share of the costs of the San Ga- COMMITTEE MEETINGS FOR briel Basin demonstration project. (Public Law TUESDAY, DECEMBER 7, 2004 108–418) H.R. 1417, to amend title 17, United States (Committee meetings are open unless otherwise indicated) Code, to replace copyright arbitration royalty panels Senate with Copyright Royalty Judges. (Public Law 108–419) No meetings/hearings scheduled. H.R. 1446, to support the efforts of the California House Missions Foundation to restore and repair the Span- Committee on Energy and Commerce, Subcommittee on ish colonial and mission-era missions in the State of Oversight and Investigations, hearing entitled ‘‘Medicaid California and to preserve the artworks and artifacts Prescription Drug Reimbursement: Why the Government of these missions. (Public Law 108–420) Pays too Much,’’ 10 a.m., 2322 Rayburn. H.R. 1964, to assist the States of Connecticut, Committee on International Relations, hearing on Ukraine’s New Jersey, New York, and Pennsylvania in con- Election: Next Steps, 10:30 a.m., 2172 Rayburn.

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Re´sume´ of Congressional Activity

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

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 20 through November 30, 2004 January 20 through November 30, 2004

Senate House Total Civilian nominations totaling 531 (including 195 nominations carried Days in session ...... 130 108 . . over from the First Session), disposed of as follows: Time in session ...... 1,009 hrs., 41′ 1,872 hrs., 26′ .. Confirmed ...... 333 Congressional Record: Unconfirmed ...... 172 Pages of proceedings ...... 11,845 10,895 . . Withdrawn ...... 23 Extensions of Remarks ...... 2,144 . . Returned to White House ...... 3 Public bills enacted into law ...... 62 169 . . Other Civilian Nominations, totaling 4,080 (including 5 nominations Private bills enacted into law ...... 1 3 . . carried over from the First Session) disposed of as follows: Bills in conference ...... 10 9 . . Confirmed ...... 3,768 Measures passed, total ...... 613 736 1349 Unconfirmed ...... 311 Senate bills ...... 188 84 . . Withdrawn ...... 1 House bills ...... 179 329 . . Senate joint resolutions ...... 6 3 . . Air Force nominations, totaling 9,649 (including 3,572 nominations House joint resolutions ...... 7 12 . . carried over from the First Session), disposed of as follows: Senate concurrent resolutions ...... 42 15 . . Confirmed ...... 5,777 House concurrent resolutions ...... 38 86 . . Unconfirmed ...... 3,870 Simple resolutions ...... 153 207 . . Withdrawn ...... 2 Measures reported, total ...... *317 *372 689 Army nominations, totaling 5,918 (including 594 nominations carried Senate bills ...... 227 18 . . over from the First Session), disposed of as follows: House bills ...... 62 246 . . Confirmed ...... 5,827 Senate joint resolutions ...... 5 . . . . Unconfirmed ...... 91 House joint resolutions ...... 1 . . Senate concurrent resolutions ...... 6 . . . . Navy nominations, totaling 9,819 (including 2,444 nominations car- House concurrent resolutions ...... 2 6 . . ried over from the First Session), disposed of as follows: Simple resolutions ...... 15 101 . . Confirmed ...... 9,803 Special reports ...... 8 4 . . Unconfirmed ...... 16 Conference reports ...... 1 13 . . Marine Corps nominations, totaling 1,229 (including 2 nominations Measures pending on calendar ...... 298 162 . . carried over from the First Session), disposed of as follows: Measures introduced, total ...... 1,304 2,320 3,624 Confirmed ...... 1,225 Bills ...... 1,024 1,724 .. Unconfirmed ...... 4 Joint resolutions ...... 16 32 . . Concurrent resolutions ...... 65 182 . . Summary Simple resolutions ...... 199 382 . . Quorum calls ...... 1 1 . . Total nominations carried over from the First Session ...... 6,812 Yea-and-nay votes ...... 215 312 . . Total nominations received this Session ...... 24,414 Recorded votes ...... 229 . . Total confirmed ...... 26,733 Bills vetoed ...... Total unconfirmed ...... 4,464 Vetoes overridden ...... Total withdrawn ...... 26 Total returned to the White House ...... 3

* These figures include all measures reported, even if there was no accom- panying report. A total of 199 reports have been filed in the Senate, a total of 389 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, December 7 9 a.m., Tuesday, December 7

Senate Chamber House Chamber Program for Tuesday: Senate will be in a period of Program for Tuesday: To be announced. morning business. Also, Senate may begin consideration of the National Intelligence Reform Conference Report.

Extensions of Remarks, as inserted in this issue

HOUSE Eshoo, Anna G., Calif., E2158, E2162 Meehan, Martin T., Mass., E2156 Etheridge, Bob, N.C., E2165 Moore, Dennis, Kansas, E2155 Andrews, Robert E., N.J., E2151 Farr, Sam, Calif., E2150 Moran, James P., Va., E2165 Blumenauer, Earl, Ore., E2156 Fossella, Vito, N.Y., E2163 Rogers, Harold, Ky., E2146 Boehlert, Sherwood, N.Y., E2157, E2159, E2162 Frelinghuysen, Rodney P., N.J., E2163 Shays, Christopher, Conn., E2157, E2159 Burgess, Michael C., Tex., E2147 Graves, Sam, Mo., E2145, E2145, E2146, E2147, E2148, Shuster, Bill, Pa., E2164 Cardoza, Dennis A., Calif., E2145, E2147 E2149, E2150, E2151, E2152, E2153 Smith, Nick, Mich., E2145, E2147, E2148, E2149 Castle, Michael N., Del., E2146 Grijalva, Rau´ l M., Ariz., E2166 Souder, Mark E., Ind., E2158, E2160 Cooper, Jim, Tenn., E2166 Harris, Katherine, Fla., E2163 Stark, Fortney Pete, Calif., E2158, E2161 Crowley, Joseph, N.Y., E2148 Israel, Steve, N.Y., E2156 Davis, Tom, Va., E2152 Johnson, Sam, Tex., E2165 Stupak, Bart, Mich., E2154 DeFazio, Peter A., Ore., E2164 Kelly, Sue W., N.Y., E2164 Sweeney, John E., N.Y., E2148 DeLay, Tom, Tex., E2152 Kind, Ron, Wisc., E2157, E2159 Udall, Mark, Colo., E2163 Diaz-Balart, Lincoln, Fla., E2151 Kingston, Jack, Ga., E2145, E2146, E2148, E2149 Van Hollen, Chris, Md., E2150 Diaz-Balart, Mario, Fla., E2154 Knollenberg, Joe, Mich., E2152 Walsh, James T., N.Y., E2153, E2155 Dingell, John D., Mich., E2151 Larson, John B., Conn., E2154 Weller, Jerry, Ill., E2165 Edwards, Chet, Tex., E2156 Lee, Barbara, Calif., E2156 Wicker, Roger F., Miss., E2166 Emanuel, Rahm, Ill., E2157, E2160 McGovern, James P., Mass., E2151 Wilson, Joe, S.C., E2158, E2162

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