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

Vol. 149 WASHINGTON, MONDAY, NOVEMBER 17, 2003 No. 166 House of Representatives The House met at 12:30 p.m. and was MESSAGE FROM THE SENATE The message also announced that the called to order by the Speaker pro tem- Senate has passed a bill of the fol- A message from the Senate by Mr. pore (Mr. PENCE). lowing title in which the concurrence Monahan, one of its clerks, announced of the House is requested: f that the Senate has passed with an S. 1824. An act to amend the Foreign As- amendment in which the concurrence sistance Act of 1961 to reauthorize the Over- DESIGNATION OF SPEAKER PRO of the House is requested, a bill of the TEMPORE seas Private Investment Corporation, and for House of the following title: other purposes. The SPEAKER pro tempore laid be- H.R. 1261. An act to enhance the workforce f fore the House the following commu- investment system of the Nation by nication from the Speaker: strengthening one-stop career centers, pro- MORNING HOUR DEBATES WASHINGTON, DC, viding for more effective governance ar- The SPEAKER pro tempore. Pursu- November 17, 2003. rangements, promoting access to a more ant to the order of the House of Janu- I hereby appoint the Honorable MIKE comprehensive array of employment, train- PENCE to act as Speaker pro tempore on this ing, and related services, establishing a tar- ary 7, 2003, the Chair will now recog- day. geted approach to serving youth, and im- nize Members from lists submitted by J. DENNIS HASTERT, proving performance accountability, and for the majority and minority leaders for Speaker of the House of Representatives. other purposes. morning hour debates.

NOTICE If the 108th Congress, 1st Session, adjourns sine die on or before November 21, 2003, a final issue of the Congres- sional Record for the 108th Congress, 1st Session, will be published on Monday, December 15, 2003, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–410A of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Friday, December 12, 2003. The final issue will be dated Monday, December 15, 2003, and will be delivered on Tuesday, December 16, 2003. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after re- ceipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60 of the Capitol. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. ROBERT W. NEY, Chairman.

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

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VerDate jul 14 2003 01:28 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.000 H17PT1 H11162 CONGRESSIONAL RECORD — HOUSE November 17, 2003 The Chair will alternate recognition occur at truck rest stops, where the LOOMING DIABETES EPIDEMIC between the parties, with each party driver leaves the vehicle. The process CAUSING HEALTHCARE CRISIS limited to not to exceed 30 minutes, can amazingly take but a few minutes. The SPEAKER pro tempore. Pursu- and each Member, except the majority These professional criminals are usu- ant to the order of the House of Janu- leader, the minority leader, or the mi- ally licensed truck drivers, who can ary 7, 2003, the gentleman from New nority whip, limited to not to exceed 5 hot wire a truck quickly and effi- Mexico (Mr. UDALL) is recognized dur- minutes. ciently. ing morning hour debates for 5 min- The Chair recognizes the gentleman The legislation that I have proposed utes. from Florida (Mr. STEARNS) for 5 min- will seek to finally give both law- Mr. UDALL of New Mexico. Mr. utes. makers and law enforcement officials Speaker, the headlines shout out: f the tools they need to combat this ‘‘Healthcare crisis looms.’’ ‘‘Diabetes growing crime. Cargo theft does not re- epidemic.’’ ‘‘Increase in childhood obe- STEMMING THE SPREAD OF ceive the attention it deserves because sity.’’ Solutions abound, but the one CARGO THEFT very little concrete information exists which could make a real difference, Mr. STEARNS. Mr. Speaker, billions today concerning this problem. There prevention, is only paid lip service. We and billions of dollars are sapped from currently is no all-inclusive database say ‘‘an ounce of prevention is worth a our economy each year by cargo theft. that collects, contains or processes dis- pound of cure,’’ but then we fail to re- It is a staggering problem, and, at the tinct information and data concerning invent our health policy to make pre- same time, a problem that really no cargo theft. My bill would require the vention a cornerstone. one is aware of. creation of such a database that will The facts are ominous, unrelenting Every day, millions of cargo carrying allow State and local law enforcement and tell it all: trucks transport their contents across officials to coordinate reports of cargo An obesity epidemic started in the the highways of our districts. And, theft, helping them prove to law- early 1980s and equally impacts all age every day, millions of dollars of goods makers just how severe this problem groups. Nearly one in four Americans are stolen from these trucks, often really is. are obese. Obesity is highly predictive times with violent results. Also, after speaking with officials in of diabetes. One in three children now being born Mr. Speaker, this week I will intro- my Congressional District, it has be- in the United States ultimately will duce legislation that will seek to ad- come clear to me that stricter criminal become diabetic. dress the growing tide of cargo theft in penalties are needed in order to keep hopes of bringing awareness of this Diabetes incidence increased 61 per- criminals from turning to cargo theft. cent in the last decade; 76 percent for problem to the national spotlight. My bill does just this, requiring that With the prevalence of cargo theft people in their thirties. the United States Sentencing Commis- today, insurance companies have An alarming British study reported sion determine what sentencing en- placed a heavy burden on the trucking one-third of 5-year-old girls were over- hancement must be made. industry. The costs associated with in- weight and showing signs of developing Finally, this legislation would ensure vestigation, insurance payments, are Type II diabetes, formerly called adult that cargo theft reports would be re- only exacerbating what is already an onset diabetes. flected as a separate category in the industry crisis. The Surgeon General in his December Typical targets for cargo theft often Uniform Crime Reporting System, the 2001 report left no doubt where we are include shipments of clothing, pre- data collection system used by the headed. ‘‘Left unabated, overweight scription drugs, computers and jewelry. FBI. Currently no such category exists, and obesity may soon cause as much A truckload of computer micro- resulting in ambiguous data and the in- preventable disease and death as ciga- processors can be worth millions of dol- ability to track and monitor trends. rette smoking.’’ The healthcare costs to deal with lars. A single pallet of pharma- Mr. Speaker, Members in this Cham- these trends are overwhelming and ceuticals, another common target, can ber need to be aware of this problem, a unaffordable. The National Institutes be worth upwards of $2 million dollars, problem not only specific to the large of Health has estimated that diabetes and cargo containers are capable of port cities of this country, but a prob- costs the United States close to $138 carrying dozens of such pallets. lem specific to all Congressional dis- billion each year in direct and indirect The high value-to-volume ratio of tricts. Flowing up and down I–75, costs. Let me repeat, $138 billion. We these goods has encouraged criminals through the heart of my district, cannot afford to double, triple and previously involved in drug dealing to thieves transport goods to and from quadruple these costs. Even if we could move into this area of activity, where Miami. Billions of dollars are being find the resources, would this be a wise they run less risk of detection and suf- sapped from our economy, and this body is doing little to stop it. It is time expenditure of our finite healthcare fer less severe penalties if they are dollars? caught. The National Cargo Security that we get aggressive and make our highways safe again for commerce. Today we spend 95 percent of our Council reported that cargo worth $12 healthcare dollars on treating chronic This body must make an example of billion is stolen in the United States and acute illnesses, many of which cargo thieves. We must let them know every year, and yet the penalties for could be prevented in the first place. In that they will not get away with mere- cargo theft are lower than those for other cases we could at least delay the ly a slap on the hand. And as sheriff’s selling drugs. onset of disease for a number of years departments begin integrating special Cargo thieves employ creative means and provide a higher quality of life. cargo theft task forces, we must arm to prey on cargo carriers and have The dollars we spend on prevention are them with the ability to prosecute managed to stay one step ahead of au- minuscule, and we do not track the criminals with stiffer penalties. thorities. Thieves know what they outcomes in a meaningful way. want and where they can find it, strik- Mr. Speaker, my bill represents a co- This Nation needs a new approach to ing cargo containers at ports and at hesive effort backed by law enforce- healthcare, which puts prevention trains and 18-wheelers. ment and industry representatives front and center. The key to preven- Thieves will either roll the dice, alike. I urge Members to support this tion is personal responsibility and per- stealing containers with unknown con- bill, in hopes of bringing acknowledg- sonal action. If people are given the tents, or they will go as far as camping ment of this fight against cargo theft facts and alternatives, they can take outside of distribution centers. This at the Federal level. charge of their health. method is called ‘‘full load truck With links even to terrorism, cargo We are facing an epidemic of diabetes theft.’’ It involves monitoring ship- theft is a problem that has flown under in New Mexico due to obesity and ments out of distribution centers that our radar screens for far too long. Until unhealthy lifestyles. Minority commu- are known for putting out expensive we strengthen these laws, this 30-year- nities are disproportionately impacted. goods. The thieves will then follow the old crime wave will persist, threat- But there is hope in many of our com- trucks in rental cars waiting for the ening our ports and roads and costing munities, where individuals are taking right time to pounce. This will often our economy billions of dollars. charge of their health and their future.

VerDate jul 14 2003 01:28 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.002 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11163 I was in the Navajo community of THE JOURNAL the global competitiveness and leadership of Thoreau recently and saw some dy- the United States in the next millennium: The SPEAKER pro tempore. The Now, therefore, be it namic seniors reshaping the health of Chair has examined the Journal of the their community. These Navajo seniors Resolved by the Senate and House of Rep- last day’s proceedings and announces resentatives of the United States of America in knew that decades ago, when the Nav- to the House his approval thereof. Congress assembled, That Congress— ajo people were leading an active life Pursuant to clause 1, rule I, the Jour- (1) recognizes the Agricultural Research and herding their sheep and livestock nal stands approved. Service of the Department of Agriculture for and eating traditional food, there was 50 years of outstanding service to the Nation very little disease. They remember dia- f through agricultural research; and betes and other modern ailments were PLEDGE OF ALLEGIANCE (2) acknowledges the promise of the Agri- also unheard of in the Navajo popu- cultural Research Service to continue to per- The SPEAKER pro tempore. Will the lation. So with the help of the Centers form outstanding agricultural research in gentleman from Minnesota (Mr. GUT- the next 50 years and beyond. for Disease Control and the University KNECHT) come forward and lead the of New Mexico Preventive Health Cen- The SPEAKER pro tempore. Pursu- House in the Pledge of Allegiance. ter, they designed a menu of healthy ant to the rule, the gentleman from Mr. GUTKNECHT led the Pledge of traditional foods. Minnesota (Mr. GUTKNECHT) and the Allegiance as follows: They call the regimen of regular ex- gentleman from Texas (Mr. STENHOLM) ercise and healthier eating ‘‘The I pledge allegiance to the Flag of the each will control 20 minutes. United States of America, and to the Repub- Healthy Path.’’ The seniors are teach- The Chair recognizes the gentleman lic for which it stands, one nation under God, from Minnesota (Mr. GUTKNECHT). ing younger parents and their grand- indivisible, with liberty and justice for all. children the benefits of these healthier Mr. GUTKNECHT. Mr. Speaker, I foods and how to begin The Healthy f yield myself such time as I may con- sume. Path. Word has spread, and there are ANNOUNCEMENT BY THE SPEAKER Mr. Speaker, Senate Joint Resolu- now a dozen healthy path initiatives PRO TEMPORE ongoing in Navajo chapter houses. tion 22 honors the Agricultural Re- The SPEAKER pro tempore. Pursu- This is not rocket science. We know search Service, the primary research ant to clause 8 of rule XX, the Chair prevention works. We have the tests agency of the United States Depart- will postpone further proceedings and screening to know when someone ment of Agriculture. On Wednesday, today on motions to suspend the rules is pre-diabetic, on a path to diabetes. October 29, the House Committee on on which a recorded vote or the yeas Doctors have known for years that reg- Agriculture reported out an identical and nays are ordered, or on which the ular exercise, weight loss and healthy resolution, House Joint Resolution 74. vote is objected to under clause 6 of diet will virtually eliminate Type II di- Although ARS can trace its heritage rule XX. abetes. Let us put this knowledge to back to early 19th century seed collec- Record votes on postponed questions work and create healthier individuals tion activities in the U.S. Patent Of- will be taken after 6:30 p.m. today. and communities. fice, it was originally organized on No- f vember 2, 1953, when the USDA consoli- f dated most of its research functions RECESS RECOGNIZING AGRICULTURAL RE- into one newly-named Agricultural Re- SEARCH SERVICE FOR 50 YEARS The SPEAKER pro tempore. Pursu- search Service. OF OUTSTANDING SERVICE I am very pleased to help ARS mark ant to clause 12(a) of rule I, the Chair its 50th anniversary and to use this oc- declares the House in recess until 2 Mr. GUTKNECHT. Mr. Speaker, I casion to recognize the important con- p.m. today. move to suspend the rules and pass the tributions ARS has made to the agri- Accordingly (at 12 o’clock and 44 Senate joint resolution (S.J. Res. 22) cultural community, as well as to our minutes p.m.), the House stood in re- recognizing the Agricultural Research Nation. cess until 2 p.m. Service of the Department of Agri- culture for 50 years of outstanding ARS is a public institution that con- f service to the Nation through agricul- ducts agricultural research exclusively b 1400 tural research. for the public good. ARS scientists and The Clerk read as follows: other employees serve the Nation in AFTER RECESS S.J. RES. 22 their capacity of public servants and The recess having expired, the House Whereas the Agricultural Research Service are accountable to the American peo- was called to order by the Speaker pro is the primary research agency of the De- ple. The research is often long-term tempore (Mr. PETRI) at 2 p.m. partment of Agriculture and provides the De- and costly and unlikely to be under- f partment of Agriculture and other Federal taken by the private sector. The ARS offices with objective research that is crit- discoveries and innovations touch the PRAYER ical to the missions of those offices; lives of every American through the The Chaplain, the Reverend Daniel P. Whereas the agricultural research con- food we eat, the clothes we wear, and Coughlin, offered the following prayer: ducted by the Agricultural Research Service the environment in which we all live. has an enormous impact on the economic vi- Lord God, all Your ways are just. ability of agriculture in the United States Those of us from rural districts see You alone are the source of true com- and around the world; firsthand the impact of ARS research passion and love. We turn to You to be Whereas people around the world, espe- but we should all be mindful of the strengthened this week so we may ac- cially rural Americans, enjoy a higher qual- agency’s unique contributions to the complish the work You set before us. ity of life due in part to the work of the Ag- quality of life for people everywhere. By their deeds You judge all peoples. ricultural Research Service to expand sci- This impact is far greater than anyone May this Congress prove to be just entific knowledge; could have imagined 50 years ago. stewards of the resources of this Na- Whereas the Agricultural Research Service To mark its five decades of public has achieved major scientific breakthroughs tion and worthy leaders who gain the that have benefited farmers, ranchers, agri- service and to look forward to the next respect of the people. business, and consumers; 50 years and beyond of even greater Above all and in all, guide their judg- Whereas the Agricultural Research Service service to this Nation, ARS will be ment and place prudence and practi- has made scientific discoveries and techno- celebrating with various events cality in their hearts. May they meet logical developments that address agricul- throughout the next year. In fact, in their responsibilities with fair and tural problems of broad scope and high na- recognition of the local and national open debate, seeking the best means to tional priority, ensure safe and high quality partnerships that are the foundation of achieve common goals. food and other agricultural products that much of their research, ARS has de- meet nutritional needs, and maintain a qual- May their work, conversations and ity environment and natural resource base; clared this a year of outreach and will all their efforts be dedicated to Your and hold an open house or in some other service and meet the needs of the least Whereas the Agricultural Research Service way throw open their doors at each lo- in our midst now and forever. Amen. continues to play a vital role in maintaining cation over the next year. With over

VerDate jul 14 2003 01:28 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.003 H17PT1 H11164 CONGRESSIONAL RECORD — HOUSE November 17, 2003 100 locations across the country, I hope of Agriculture agencies such as the Animal consumers. ARS has formed lasting partner- you will support these activities and and Plant Health Inspection Service (APHIS), ships with Universities throughout the nation, provide special encouragement for con- Food Safety Inspection Service (FSIS), Grain and has done so at Purdue University since tinued ARS leadership in the agricul- Inspection, Packers and Stockyard Administra- 1965 when they released their first nationwide tural, natural resources and techno- tion (GIPSA), and the Natural Resources Con- soil erosion-prediction equation. ARS main- logical arenas. servation Service (NRCS). ARS also serves a tains top-notch Crop Production and Pest I urge all Members to support this number of other Federal agencies such as the Control, Livestock Behavior, and National Soil important resolution. Food and Drug Administration (FDA), the En- Erosion Laboratory units at Purdue. ARS, in Mr. Speaker, I reserve the balance of vironmental Protection Agency (EPA), and conjunction with Purdue, continues to stay on my time. some components within the Department of the leading edge of agricultural research. Just Mr. STENHOLM. Mr. Speaker, I yield Defense (DOD), and the Department of Inte- this summer, they released their cutting edge myself such time as I may consume. rior (DOI). Not only is ARS responsible for Water Erosion Prediction Project over the I rise today in support of S.J. Res. 22, providing data to these agencies, they also Internet with software known as GeoWEPP. a resolution commending the USDA distribute information to producers, con- From this research station, individuals such Agricultural Research Service for their sumers, and other stakeholders. as Larry Dunkle, Donald Lay, and Darrell Nor- 50 years of service to America. For half It is easy to see that research is an essen- ton have been able to study the agricultural a century now, the ARS has been a tial tool, but it is also a worthy investment. dynamic of Northwest Indiana. They have all leader in publicly-funded basic and ap- Federal agriculture research is a critical ele- contributed a fundamental service to North- plied research. Given the structure of ment in maintaining our competitive edge in west Indiana as well as the rest of the state, U.S. agriculture, individual family the international arena as well as helps us ad- and their service with the ARS is indeed rec- farms are certainly not able to provide dress environmental challenges. We can bet- ognized and deeply appreciated. The agricul- for their own technical and research ter protect our resources from plant pests and tural community of Northwest Indiana has needs. Publicly-funded research enti- animal diseases and can expect improved counted on their contributions of ARS for 50 ties such as ARS can provide the lead water quality, resource conservation, and re- years now, and that strong partnership will for long-term projects and have been newable sources of energy. The value of continue into the future. an obvious and significant success to these should research programs benefit not Mr. Speaker, I ask that my colleagues join the benefit of the American people. only agriculture, but all Americans. me as I congratulate ARS and its researchers Over the years, ARS scientists have ARS is able to carry out their mission of on their 50th anniversary by supporting S.J. made hundreds of technical advances, providing scientific research through collabo- Res. 22. I would further like to express my released thousands of new plant vari- rative efforts. There are more than 2,100 sci- gratitude for their service to the agricultural eties, and contributed to the abundant entists conducting research at approximately community. Their accomplishments speak vol- food supply that all our citizens enjoy. 100 locations across the country and over- umes, and I thank them for their vital public My own State and district have bene- seas. At any given time, ARS has more than service. fited in many tangible ways from the 1,000 research projects underway, each of Mr. GUTKNECHT. Mr. Speaker, I work of the Agricultural Research which is incorporated into one of 22 national yield back the balance of my time. Service, and I doubt that there are any programs. The network of laboratories and re- The SPEAKER pro tempore. The of us here today who could not say the search centers across the country allows ARS question is on the motion offered by same thing. The ARS has contributed to address problems quickly and efficiently. the gentleman from Minnesota (Mr. so very much to advances in the qual- I am proud to represent one center that has GUTKNECHT) that the House suspend ity and quantity of our food supply, significantly contributed to this effort, the Belts- the rules and pass the Senate joint res- benefiting rural and urban dwellers ville Area Research Center (BARC), located in olution, S.J. Res. 22. alike. Beltsville, MD. I have worked with BARC over The question was taken. I congratulate the Agricultural Re- the years and have witnessed the work these The SPEAKER pro tempore. In the search Service on their 50 years of serv- researchers do and how critical it is to our opinion of the Chair, two-thirds of ice and I look forward to continue daily lives. those present have voted in the affirm- working with them to enhance both BARC is the largest and most diversified ag- ative. American agriculture and the well- ricultural research complex in the world. Belts- Mr. GUTKNECHT. Mr. Speaker, on being of all our citizens. I encourage all ville’s record of accomplishments and pro- that I demand the yeas and nays. Members to support this well-deserved grams has earned the center international ac- The yeas and nays were ordered. resolution of commendation. colade and attracts thousands of visitors each The SPEAKER pro tempore. Pursu- Mr. Speaker, I yield back the balance year. Research in the Beltsville area address- ant to clause 8 of rule XX and the of my time. es issues of agriculture importance and high Chair’s prior announcement, further Mr. GUTKNECHT. Mr. Speaker, I national priority through programs in the Plant proceedings on this motion will be yield myself such time as I may con- Sciences Institute, the Animal and Natural Re- postponed. sume. sources Institute, the Beltsville Human Nutri- f This is a very important resolution. tion Research Center, and the U.S. National NATIONAL VETERINARY MEDICAL The ARS has done some wonderful Arboretum. I am sure BARC will live up to its SERVICE ACT work for us. This is one small way that reputation of producing high quality research Congress can say thank you and recog- on the cutting edge that will propel U.S. agri- Mr. GUTKNECHT. Mr. Speaker, I nize their efforts. culture into the future. move to suspend the rules and pass the Mr. HOYER. Mr. Speaker, I rise today to We should take great pride for the many bill (H.R. 1367) to authorize the Sec- recognize the Agriculture Research Service milestones that have been met and continue retary of Agriculture to conduct a loan (ARS) of the Department of Agriculture for 50 to support ARS and American agriculture. repayment program regarding the pro- years of outstanding research. ARS is the es- Mr. VISCLOSKY. Mr. Speaker, for the past vision of veterinary services in short- tablished leader in agriculture science, pro- 50 years, the Agriculture Research Service, or age situations, and for other purposes, ducing quality research used by many to help ARS as they are better known, has performed as amended. create responsible science-based policy. As indispensable agriculture research across the The Clerk read as follows: we prepare to celebrate their accomplishments country, including in the Congressional District H.R. 1367 of the past half-century, it is also an oppor- I represent. I would like to take this oppor- Be it enacted by the Senate and House of Rep- tunity for us to bear in mind future achieve- tunity to recognize ARS in honor of their 50th resentatives of the United States of America in ments. anniversary as the U.S. Department of Agri- Congress assembled, ARS is the largest science organization in culture’s main research authority. SECTION. 1. SHORT TITLE. the world dedicated to agriculture research. As From improving food safety to protecting This Act may be cited as the ‘‘National the Department of Agriculture’s in-house agen- crops and livestock, ARS has proved itself in- Veterinary Medical Service Act’’. SEC. 2. ESTABLISHMENT OF LOAN REPAYMENT cy. ARS conducts research to solve problems valuable throughout the past 50 years. As the PROGRAM REGARDING VETERINARY that are of high national priority and in the Department of Agriculture’s research arm, they MEDICINE. best interests of the Nation. This science is have been able to translate their raw data into The National Agricultural Research, Ex- vital to the mission area of several Department profitability for farmers and lower costs for tension, and Teaching Policy Act of 1977 (7

VerDate jul 14 2003 01:28 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.005 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11165 U.S.C. 3101 et seq.) is amended by inserting narian. In making the determination, the in 2002. In both of these examples, the after section 1415 the following new section: Secretary shall consider the extent to which Federal Government, acting through ‘‘SEC. 1415A. VETERINARY MEDICINE LOAN RE- such determination— USDA’s Animal and Plant Health In- PAYMENT. ‘‘(A) affects the ability of the Secretary to spection Service, mobilizes its re- ‘‘(a) PROGRAM.— maximize the number of agreements that ‘‘(1) SERVICE IN SHORTAGE SITUATIONS.—The can be provided under the Veterinary Medi- sources in order to detect, control and Secretary shall carry out a program of enter- cine Loan Repayment Program from the eradicate disease. Having a pool of ing into agreements with veterinarians amounts appropriated for such agreements; qualified veterinarians able to assist in under which the veterinarians agree to pro- and a time of emergency simply bolsters vide, for a period of time as determined by ‘‘(B) provides an incentive to serve in vet- our ability to rapidly contain diseases the Secretary and specified in the agree- erinary service shortage areas with the which can cost our economy millions ment, veterinary services in veterinarian greatest need. or even billions of dollars. shortage situations. For each year of such ‘‘(5) QUALIFYING EDUCATIONAL LOANS.—Loan Once again, I commend the gen- service under an agreement under this para- repayments provided under this section may graph, the Secretary shall pay an amount, as tleman from Mississippi for his hard consist of payments on behalf of partici- work on this important legislation and determined by the Secretary and specified in pating individuals of the principal and inter- the agreement, of the principal and interest est on government and commercial loans re- urge all Members to support it. of qualifying educational loans of the veteri- ceived by the individual for attendance of Mr. Speaker, I reserve the balance of narians. the individual at an accredited college of my time. ‘‘(2) SERVICE TO FEDERAL GOVERNMENT IN veterinary medicine resulting in a degree of Mr. STENHOLM. Mr. Speaker, I yield EMERGENCY SITUATIONS.— Doctor of Veterinary Medicine or the equiva- myself such time as I may consume. ‘‘(A) IN GENERAL.—The Secretary may lent, which loans were made for— I rise today in support of H.R. 1367, enter into agreements of one year duration ‘‘(A) tuition expenses; the National Veterinary Medical Serv- with veterinarians who have agreements pur- ‘‘(B) all other reasonable educational ex- ices Act. I want to commend the gen- suant to paragraph (1) for such veterinarians penses, including fees, books, and laboratory to provide services to the Federal Govern- tleman from Mississippi (Mr. PICK- expenses, incurred by the individual; or ERING) and the gentleman from Texas ment in emergency situations, as determined ‘‘(C) reasonable living expenses as deter- (Mr. TURNER) for their good work in ad- by the Secretary, under terms and condi- mined by the Secretary. tions specified in the agreement. Pursuant to vancing this legislation. ‘‘(6) REPAYMENT SCHEDULE.—The Secretary an agreement under this paragraph, the Sec- may enter into an agreement with the holder Assuring an adequate supply of vet- retary shall pay an amount, in addition to of any loan for which payments are made erinarians in many underserved rural the amount paid pursuant to the agreement under this section to establish a schedule for and urban areas is a critical issue for in paragraph (1), as determined by the Sec- the making of such payments. our Nation’s animal health infrastruc- retary and specified in the agreement, of the ‘‘(7) TAX LIABILITY.—In addition to edu- ture. It is generally private veterinar- principal and interest of qualifying edu- cational loan repayments, the Secretary cational loans of the veterinarians. ians who are the first to identify and shall make such additional payments to par- ‘‘(B) REQUIREMENTS.—Agreements entered respond to animal disease outbreaks. ticipants as the Secretary determines to be into under this paragraph shall include the In addition, there is a great need for appropriate for the purpose of providing re- following: private veterinarians to supplement imbursements to participants for individual ‘‘(i) A veterinarian shall not be required to tax liability resulting from participation in the Federal response during future ani- serve more than 60 working days per year of this program. mal health emergencies. The assist- the agreement. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ance that this legislation will provide ‘‘(ii) A veterinarian who provides service There are authorized to be appropriated for to encourage veterinary practice in un- pursuant to the agreement shall receive a carrying out this section such sums as may derserved areas, along with the cre- salary commensurate with the duties and be necessary and such sums shall remain shall be reimbursed for travel and per diem ation of something like a ‘‘National available to the Secretary for the purposes of Guard’’ for private veterinarians who expenses as appropriate for the duration of this section until expended.’’. the service. can be called up in emergencies, should ‘‘(b) DETERMINATION OF VETERINARIAN The SPEAKER pro tempore. Pursu- wisely enhance our preparation to deal SHORTAGE SITUATIONS.—In determining ‘vet- ant to the rule, the gentleman from with future animal health emergencies. erinarian shortage situations’ the Secretary Minnesota (Mr. GUTKNECHT) and the The bill under consideration will help may consider the following: gentleman from Texas (Mr. STENHOLM) to encourage both goals through a very ‘‘(1) Urban or rural areas that the Sec- each will control 20 minutes. modest public investment with the retary determines have a shortage of veteri- The Chair recognizes the gentleman narians. U.S. Department of Agriculture. I be- ‘‘(2) Areas of veterinary practice that the from Minnesota (Mr. GUTKNECHT). lieve H.R. 1367 is a good, cost-effective Secretary determines have a shortage of vet- Mr. GUTKNECHT. Mr. Speaker, I policy. I encourage Members to support erinarians, such as public health, epidemi- yield myself such time as I may con- passage of this bill. ology, and food safety. sume. Mr. Speaker, I reserve the balance of ‘‘(3) Areas of veterinary need in the Fed- Mr. Speaker, I rise today in support my time. eral Government. of H.R. 1367, the National Veterinary Mr. GUTKNECHT. Mr. Speaker, I ‘‘(4) Other factors that the Secretary con- Medical Service Act. I commend the yield such time as he may consume to siders to be relevant. gentleman from Mississippi (Mr. PICK- the gentleman from Mississippi (Mr. ‘‘(c) ADMINISTRATION.— ERING) for his leadership on this issue. PICKERING), the author of the bill. ‘‘(1) AUTHORITY.—The Secretary may carry out this program directly or enter into H.R. 1367, as amended, authorizes the Mr. PICKERING. Mr. Speaker, I want agreements with another Federal agency or Secretary of Agriculture, subject to to thank the gentleman from Min- other service provider to assist in the admin- the availability of appropriations, to nesota (Mr. GUTKNECHT), the gen- istration of this program. assist veterinarians in repaying their tleman from Texas (Mr. STENHOLM), ‘‘(2) BREACH REMEDIES.— educational loans if they agree to pro- and the gentleman from Virginia (Mr. ‘‘(A) IN GENERAL.—Agreements with pro- vide veterinary medical services in GOODLATTE) and all of his staff who gram participants shall provide remedies for areas where the Secretary has deter- have worked in a bipartisan manner any breach of an agreement by a participant, mined a shortage of qualified veteri- with the gentleman from Texas (Mr. including repayment or partial repayment of financial assistance received, with interest. narians exists. TURNER) and myself as we have ‘‘(B) AMOUNTS RECOVERED.—Funds recov- In addition, at the request of the brought this much-needed legislation ered under this subsection shall be credited USDA, the bill authorizes the Sec- through the committee and now to the to the account available to carry out this retary to provide additional loan re- floor of the U.S. House of Representa- section and shall remain available until ex- payment for those veterinarians in this tives. pended. program who agree to provide services I want to thank those leaders at Mis- ‘‘(3) WAIVER.—The Secretary may grant a to the Federal Government in emer- sissippi State University who had the waiver of the repayment obligation for gency situations. Examples of when foresight and the ability to bring to breach of contract in the event of extreme this may be important include Califor- our attention here on the committee hardship or extreme need, as determined by the Secretary. nia’s recent experience with Exotic and in my office the need that we have, ‘‘(4) AMOUNT.—The Secretary shall develop Newcastle Disease, or in a case closer the critical need, the desperate need regulations to determine the amount of loan to home, an outbreak of low patho- that we have to be able to help our stu- repayment for a year of service by a veteri- genic Avian influenza in Virginia here dents, our veterinarian students who

VerDate jul 14 2003 01:28 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.003 H17PT1 H11166 CONGRESSIONAL RECORD — HOUSE November 17, 2003 often end up their education with up lation before us today would encourage authorization of the Higher Education Act, to, on average, $70,000 in debt. When the establishment of such a standard which is currently moving through the Edu- that occurs, it is so difficult for them by USDA. It is my understanding that cation and the Workforce Committee, we re- to pay the debt and practice in rural or any veterinarian who meets the gen- peal the single holder rule. I want to thank underserved markets and make the eral standards for participation would Chairman BOEHNER and Congressman type of salary that is needed to be able be eligible to apply for this program no MCKEON for their efforts to keep college costs to retire that debt and pay that debt matter how long might have elapsed under control during consideration of this im- and raise a family, start a family and since her or his graduation from an ac- portant legislation. It will be part of my commit- start their dreams. And so we are doing credited school of veterinary medicine. ment to Federal agencies, students and fami- just as we have done for medical doc- Is that the gentleman’s understanding lies everywhere that they have the benefit of tors and dentists and nurses and teach- of the bill language? competition from qualified lenders in the pro- ers, and, that is, starting a program Mr. GUTKNECHT. Mr. Speaker, will gram when they consolidate their loans and, that will help them repay their debt, the gentleman yield? thus, allow them to take advantage of histori- that will pick up those obligations, if Mr. STENHOLM. I yield to the gen- cally low fixed interest rates—just as other in return, they will agree to serve in tleman from Minnesota. borrowers are able to do every day. those areas where we have critical Mr. GUTKNECHT. Mr. Speaker, I Mr. GUTKNECHT. Mr. Speaker, I shortages in the rural and the large- thank the gentleman from Texas (Mr. have no further requests for time, and animal practices and the underserved STENHOLM) for yielding and for raising I yield back the balance of my time. markets. Not only will they fill that this issue. We have talked to the gen- The SPEAKER pro tempore (Mr. tleman from Virginia (Chairman GOOD- critical need that is so important not PETRI). The question is on the motion LATTE), and it is our understanding and only in animal health, but as it relates offered by the gentleman from Min- intent that nothing in this language to the connections to human health, nesota (Mr. GUTKNECHT) that the House would preclude any veterinarian, no and in national security, and in home- suspend the rules and pass the bill, matter when they graduated from vet land security, where we have new H.R. 1367, as amended. school, from applying or to participate threats of bioterrorism, or we have the The question was taken; and (two- so long as they have eligible student outbreaks of dreaded diseases that we thirds having voted in favor thereof) loan debt and meet other criteria for have seen ravage not only Europe, the the rules were suspended and the bill, participation as described in the legis- economy and the agricultural economy as amended, was passed. lation. in Europe with mad cow disease, that A motion to reconsider was laid on Mr. STENHOLM. Mr. Speaker, I the table. in those times of crisis those that sign thank the gentleman for helping to up and meet these requirements and make this point clear. f then have their debts repaid, will agree Mr. Speaker, I have no further re- PROVIDING FOR CONVEYANCE OF to serve their country, in essence, a quests for time, and I yield back the LAND IN APALACHICOLA NA- National Guard for veterinarians. balance of my time. TIONAL FOREST, FLORIDA b 1415 Mr. GUTKNECHT. Mr. Speaker, I Mr. GUTKNECHT. Mr. Speaker, I yield myself such time as I may con- So we see today a way to meet the move to suspend the rules and pass the sume. bill (H.R. 3217) to provide for the con- critical shortage of veterinarians in I would like to thank the gentleman veyance of several small parcels of Na- rural and underserved markets. We see from Mississippi (Mr. PICKERING). I tional Forest System land in the Apa- a way to encourage the service to our think this is a very important piece of country in homeland security and to legislation. I think veterinarians in lachicola National Forest, Florida, to meet the threats of either bioterrorism some respects are like tourniquets: we resolve boundary discrepancies involv- or major animal disease outbreaks. do not need one often; but when we do ing the Mt. Trial Primitive Baptist This is much-needed legislation that need one, we need one rapidly; and in Church of Wakulla County, Florida, will help us as we go forward. underserved areas, it could become a and for other purposes. Again, I want to thank the com- very serious problem. So I think this is The Clerk read as follows: mittee, the staff, the chairman, and an important piece of legislation. I H.R. 3217 the ranking member for all their help hope my colleagues will join me in sup- Be it enacted by the Senate and House of Rep- and assistance in getting us to this porting this bill. resentatives of the United States of America in point. We hope that this legislation can Mr. HAYES. Mr. Speaker, I want to com- Congress assembled, pass not only today in the House but mend my colleagues for this needed legisla- SECTION 1. LAND CONVEYANCE, APALACHICOLA move quickly through the Senate as we NATIONAL FOREST, FLORIDA. tion which ensures the Federal Government’s (a) CONVEYANCE AUTHORIZED.—The Sec- address this much-needed legislation deep commitment to a highly trained and di- retary of Agriculture may convey, without and to address the critical shortages verse workforce in rural and underserved consideration, to the Mt. Trial Primitive that we face in rural districts like areas, and encourages veterinarians to assist Baptist Church of Wakulla County, Florida, mine and across the country. the U.S. Department of Agriculture in emer- all right, title, and interest of the United Mr. STENHOLM. Mr. Speaker, I yield gency disease outbreak situations. But we States in and to four parcels of real property myself such time as I may consume. should go even further. In order to best maxi- in the Apalachicola National Forest, Florida, I would ask to engage the gentleman located in section 5 of township 5 south, mize Federal Government resources, both in range 2 west, Tallahassee meridian, and con- from Minnesota (Mr. GUTKNECHT) on this program at the Department of Agriculture, sisting of approximately 9.95 acres, 0.09 behalf of the gentleman from Virginia as well as loan repayment programs through- acres, 0.09 acres, and 0.096 acres, respec- (Chairman GOODLATTE) in a brief col- out the Federal Government, we should allow tively, as depicted on a map, plat number 5– loquy. competition within other aspects of the student 118, prepared as part of a 1983 Forest Service During the Committee consideration loan program, including consolidation loans. survey. of H.R. 1367, I raised some concerns The 1998 reauthorization of the Higher Edu- (b) DESCRIPTION OF PROPERTY.—The exact about the potential that implementa- cation Act allowed Federal Family Education acreage and legal description of the real tion of this bill, should it be passed and Loan (FFEL) student loan borrowers who hold property to be conveyed under subsection (a) signed into law, might include an arbi- shall be determined by the Secretary. loans from more than one underlying lender to (c) ADDITIONAL TERMS AND CONDITIONS.— trary graduation cutoff date for veteri- select from those lenders when consolidating The Secretary may require such additional narians wishing to participate. We cer- their loans. This change has enabled many re- terms and conditions in connection with the tainly do not want to preclude partici- cent college graduates to refinance their loans conveyance under subsection (a) as the Sec- pation by veterinarians that may have at a lower fixed-interest rate. However, student retary considers appropriate to protect the years of valuable experience. This has loan borrowers who hold loans through a sin- interests of the United States. been a problem with regard to a dif- gle lender must consolidate loans through The SPEAKER pro tempore. Pursu- ferent educational loan repayment pro- their current lender. This rule is known as the ant to the rule, the gentleman from gram that folks from my district have ‘‘Single Holder Rule.’’ Minnesota (Mr. GUTKNECHT) and the tried to access in the past. It is my un- In order to ensure that we instill competition, gentleman from Texas (Mr. STENHOLM) derstanding that nothing in this legis- we will need to make sure that during the re- each will control 20 minutes.

VerDate jul 14 2003 01:28 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.007 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11167 The Chair recognizes the gentleman Trial Primitive Baptist Church. I en- (c) DUTIES.—A disaster liaison shall— from Minnesota (Mr. GUTKNECHT). courage my colleagues to support this (1) serve as a liaison to State and Federal Mr. GUTKNECHT. Mr. Speaker, I measure. This measure has been Emergency Services; yield myself such time as I may con- brought to our attention by the gen- (2) be deployed to a federally declared dis- aster area to coordinate Department inter- sume. tleman from Florida (Mr. BOYD). agency programs in assistance to agricul- Mr. Speaker, H.R. 3217 allows the Mr. Speaker, I have no further re- tural producers in the declared disaster area; Forest Service to convey without con- quests for time, and I yield back the (3) facilitate the claims and applications of sideration 10.2 acres of the Apalachi- balance of my time. agricultural producers who are victims of cola National Forest to the Mt. Trial Mr. GUTKNECHT. Mr. Speaker, I the disaster that are forwarded to the De- Primitive Baptist Church of Wakulla yield myself such time as I may con- partment by the appropriate State Depart- County, Florida. sume. ment of Agriculture agency director; and This parcel of land was purchased by This is a fair and equitable way to (4) coordinate with the Director of the the Mt. Trial church in the 1930s; but State office of the appropriate Department deal with this problem. All parties agency to assist with the application for and for a variety of reasons, the deed was agree to it, and hopefully the Members distribution of economic assistance. never recorded. Unfortunately, the of the House will join us in support of (d) DURATION OF DEPLOYMENT.—The deploy- original landowner subsequently resold this important legislation. ment of a disaster liaison under subsection the land to the National Forest Service Mr. Speaker, I yield back the balance (a) may not exceed 30 days. in the 1950s. While the Forest Service of my time. (e) DEFINITION.—In this section, the term now technically owns the land, it is ‘‘federally declared disaster area’’ means— The SPEAKER pro tempore. The (1) an area covered by a Presidential dec- more than happy to return this ceme- question is on the motion offered by laration of major disaster, including a dis- tery to the church. This is a fair and the gentleman from Minnesota (Mr. aster caused by a wildfire, issued under sec- equitable resolution to this unfortu- GUTKNECHT) that the House suspend tion 301 of the Robert T. Stafford Disaster nate situation. the rules and pass the bill, H.R. 3217. Relief and Emergency Assistance Act (42 H.R. 3217 was marked up by the Com- The question was taken; and (two- U.S.C. 5170); or mittee on Agriculture on October 29, thirds having voted in favor thereof) (2) determined to be a disaster area, includ- 2003. It was approved by the committee the rules were suspended and the bill ing a disaster caused by a wildfire, by the on a voice vote without amendment. Secretary under subpart A of part 1945 of was passed. title 7, Code of Federal Regulations. The bill enjoys the support of the local A motion to reconsider was laid on The SPEAKER pro tempore. Pursu- community and the administration. I the table. urge all Members to support this legis- ant to the rule, the gentleman from lation and return this property to its f Minnesota (Mr. GUTKNECHT) and the gentleman from Texas (Mr. STENHOLM) rightful owner. GENERAL LEAVE Mr. STENHOLM. Mr. Speaker, I yield each will control 20 minutes. Mr. GUTKNECHT. Mr. Speaker, I ask The Chair recognizes the gentleman myself such time as I may consume. unanimous consent that all Members I rise in support of H.R. 3217, legisla- from Minnesota (Mr. GUTKNECHT). may have 5 legislative days within Mr. GUTKNECHT. Mr. Speaker, I tion to convey several small parcels of which to revise and extend their re- yield myself such time as I may con- National Forest System land in the marks on H.R. 3217, the bill just passed. sume. Apalachicola National Forest in order The SPEAKER pro tempore. Is there Mr. Speaker, H.R. 3157, a bill to des- to resolve boundary discrepancies in- objection to the request of the gen- ignate and deploy U.S. Department of volving the U.S. Forest Service and the tleman from Minnesota? Agriculture liaison teams to areas of Mt. Trial Primitive Baptist Church of There was no objection. the country declared disaster areas, Wakulla County, Florida. was approved by the Committee on Ag- f Briefly, H.R. 3217 would allow the Mt. riculture on October 29 of this year. Trial church to expand a cemetery that PROVIDING FOR DESIGNATION OF The bill seeks to ensure prompt Fed- it maintains next to its church build- A DEPARTMENT OF AGRI- eral assistance to agricultural pro- ing. This legislation would correct CULTURE DISASTER LIAISON ducers in rural areas affected by nat- boundary discrepancies that resulted ural disasters that have been declared Mr. GUTKNECHT. Mr. Speaker, I from the church and the Forest Service by the President or the Secretary of move to suspend the rules and pass the claiming ownership to the same 10-acre Agriculture. The teams will coordinate bill (H.R. 3157) to provide for the des- tract of land. the activities of USDA employees as- ignation of a Department of Agri- By way of background, the Mt. Trial sisting agricultural producers within culture disaster liaison to assist State Primitive Baptist Church is a histori- the disaster area. The teams will facili- cally African American church that and local employees of the Department tate the making of claims and applica- purchased 10 acres of land in the 1930s in coordination with other disaster tions for economic assistance of af- in anticipation of expanding its ceme- agencies in response to a federally de- fected producers and others as they tery. The church, however, never re- clared disaster area as a result of a dis- deal with the agencies designated corded the deed for the land purchased aster, as amended. under the Robert T. Stafford Disaster at the local county courthouse. The Clerk read as follows: Relief and Emergency Assistance Act. In 1938, the U.S. Forest Service pur- H.R. 3157 During the business meeting to con- chased the same 10 acres of land as part Be it enacted by the Senate and House of Rep- sider H.R. 3157, the committee consid- of a larger tract that was incorporated resentatives of the United States of America in ered and adopted as a substitute into the Apalachicola National Forest. Congress assembled, amendment four changes to the legisla- In that instance, the Forest Service did SECTION 1. LIAISON FOR DISASTER EMER- tion as originally introduced by the GENCIES. record its deed; and while there is no gentleman from Missouri (Mr. BLUNT). dispute about the validity of the (a) DEPLOYMENT OF DISASTER LIAISON.— These changes include directing the The Secretary of Agriculture shall deploy church’s purchase, the Department of disaster liaisons to State and local Depart- Secretary of Agriculture to use USDA Agriculture’s legal counsel has ruled ment of Agriculture Service Centers in a fed- Food and Agriculture Council as a that because the Federal Government erally declared disaster area whenever Fed- point of contact for the liaison team, did file its deed with the county, it is eral Emergency Management Agency Per- requiring the Secretary to make the the rightful owner of the property. I sonnel are deployed in that area, to coordi- deployment only when FEMA has been would also note that two graves are al- nate Department programs with the appro- sent to the disaster area, providing ready located on the Federal Govern- priate disaster agencies designated under the that the team will conduct and con- ment property and the church’s exist- Robert T. Stafford Disaster Relief and Emer- clude its business within 30 days of the gency Assistance Act (42 U.S.C. 5121 et seq.). ing cemetery is full. deployment, and, finally, adding wild- (b) QUALIFICATIONS.—Disaster liaisons shall Mr. Speaker, H.R. 3217 will solve the be selected from among Department employ- fire as a specific disaster under a secre- boundary discrepancies by giving the ees who have experience providing emer- tarial disaster declaration. Secretary of Agriculture the authority gency disaster relief in federally declared The bill before the House this after- to transfer the property to the Mt. disaster areas. noon makes a minor amendment to the

VerDate jul 14 2003 01:28 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.010 H17PT1 H11168 CONGRESSIONAL RECORD — HOUSE November 17, 2003 committee-reported bill by returning On the ground at home following those tor- tural producers in the area to navigate through to the Secretary of Agriculture the full nadoes, I noticed that the U.S. Department of the bureaucracy of Federal Government sup- discretion to assign USDA employees Agriculture (USDA) had no staff in the state- port. to the liaison positions, instead of act- wide disaster field office (DFO) where officials I want to thank Majority Whip BLUNT for tak- ing through the Department’s Food from FEMA and the Small Business Adminis- ing the initiative to introduce this legislation on and Agriculture Council. tration were helping individuals and business behalf of farmers and growers in the United As I am certain my colleagues can owners. States. I was more than happy to sign on as understand, natural disasters over Because Disaster Act declarations make no the lead cosponsor because of a situation large geographical areas often are fol- arrangements for a USDA representative, a faced by a handful of growers in my congres- lowed by chaotic circumstances on the single voice from USDA was noticeably absent sional district earlier this year. ground. Traditionally, USDA has had a on the ground in Southwest Missouri during significant role along with FEMA in During this past April, an unusual hailstorm disaster response discussions in the days and descended upon Merced Country, ruining assisting farmers, ranchers, and other weeks after those terrible tornadoes. rural residents; and this bill attempts acres and acres of peach orchards. That This legislation will bring greater coordina- event set off a chain of events involving nu- to make those circumstances more or- tion from the USDA’s three major agencies— derly and more predictable for our merous agencies within USDA, which in turn Natural Resources Conservation Service, the led to me and my staff to negotiate on their rural constituents during a time when Farm Service Agency and Rural Develop- those residents and the communities in behalf with countless officials and administra- ment—by requiring that a liaison from USDA tors throughout USDA attempting to elicit which they live need Federal help. be a member of future Federal disaster re- I hope the House will join with me in some type of assistance from the Federal sponse teams. This individual would be dis- supporting this bill that seeks to im- Government. It was a trying experience to say prove Federal disaster assistance on patched to a disaster to work side-by-side with the least. representatives from the local Farm Service our farms and in rural communities. When a disaster happens now, multiple Agency (FSA) for 30 days to help find relief for Mr. Speaker, I reserve the balance of USDA agencies involved with numerous pro- those disaster victims. Once the 30 days are my time. grams actively assess damage in a disaster up, the liaison will return to his or her post in Mr. STENHOLM. Mr. Speaker, I yield area, while compiling information from hun- Washington, DC, and continue to work on be- myself such time as I may consume. dreds of phone calls and by talking to numer- Mr. Speaker, H.R. 3157 is a bipartisan half of the farmers and others who need the ous disaster victims. This information is then piece of legislation that attempts to services that the USDA provides. assembled and sent to representatives of the address the very serious issue of USDA Mr. Speaker, I hope that a disaster re- State. The farmer is left to fend for himself or program coordination and information sponse team is never necessary in any of the herself with no point of contact for follow up. dissemination during times of federally districts my colleagues represent. However, declared national disasters. should disaster strike, let’s make sure that our Those situations are what Mr. BLUNT and I Currently, there is no statutory re- agriculture communities are represented and are trying to avoid with this legislation. quirement that USDA make a rep- that they get the help they deserve in a When enacted, H.R. 3157 will require USDA resentative available at the Emergency prompt fashion. to recognize the importance of quick response Operations Center following a cata- I urge my colleagues to support the pas- time to agricultural disasters by deploying an strophic disaster. As a result, if a farm- sage of H.R. 3157. experienced disaster specialist to an affected er or rancher suffers a loss due to a Mr. BACA. Mr. Speaker, I rise in support of area. This official will facilitate such things as natural disaster, there is no USDA H.R. 3157. I am proud to support this legisla- crop insurance claims processing and other point of contact on site to answer ques- tion that will help farmers recover from na- applications for economic assistance as well tions or provide information about de- tional disasters because I believe that far too as provide one legitimate source of informa- partmental relief programs. Such in- often, farmers are not thought of during times tion and comfort from the Federal Govern- formation is obviously critical, and of emergency. ment. this legislation simply ensures that Representative BLUNT has authored a good My growers affected by the hailstorm were farmers and ranchers will have access bill. I supported it in the House Agriculture continually given conflicting information from to an on-site USDA point of contact. Committee and I even introduced an amend- different USDA employees. It is imperative While expressing support for this bill, ment that would make sure that the people in that growers, especially the more skeptical let me briefly address a bigger issue for my home State of California, who suffered growers in my home State of California, be farmers and ranchers that have been from the recent wildfires, could be helped by able to receive clear and concise information adversely affected by a disaster. The this bill. fact is there are only minimal standing on how to proceed after a Federal disaster as Too many Californians have no idea how been declared in order to most efficiently pro- disaster programs within USDA to help they will get by without their orchards, olive farmers and ranchers deal with the va- ceed to the next crop year. groves, and other farming operations that riety of losses that can occur as a re- H.R. 3157 is the right thing to do for Amer- burned to the ground. sult of a natural disaster. In effect, all ica’s agricultural industry and I am proud to be This legislation will compel the Department that USDA on-site points of contact a sponsor of this bill. of Agriculture to create disaster liaisons and can do is to tell farmers and ranchers, Again, I would like to thank Chairman dispatch them to disaster zones. Sorry, the United States Department GOODLATTE TENHOLM In California, we have suffered greatly from , Ranking Member S , and of Agriculture cannot help you. In ad- several wildfires that have caused great dam- Majority Whip BLUNT for recognizing the im- dition, farmers and ranchers do not portance of the legislation. I urge an aye vote qualify for Small Business Administra- age throughout the state. In San Bernardino County, over 40,000 peo- on this bill. tion programs and, in point of fact, re- ple were evacuated from their homes, and Ms. BORDALLO. Mr. Speaker, I rise today ceive very little help from FEMA. in support of H.R. 3157, which will direct the So again, while I support H.R. 3157, nearly 1,200 buildings burned to the ground. Far too many people lost their homes, Secretary of Agriculture to designate employ- the bigger question is what can be done ees of the Department of Agriculture to serve to provide farmers and ranchers with farms, and in some cases—their lives—to as liaisons between the federal agencies and greater certainty in terms of perma- these wild fires. state and local governments in the event of a nent disaster programs so that they This bill and my amendment are only a federally declared disaster area. may have some hope of recovering small step in the right direction. We must fun- from such disasters. nel Federal attention and resources to rebuild As Delegate and long-term resident of Mr. BLUNT. Mr. Speaker, I rise today to after these deadly wildfires and help prevent Guam, I can attest to the debilitating state of urge support for the Rural Disaster Liaison Bill similar events in the future. confusion in the after math of a disaster. Just (H.R. 3157). Mr. CARDOZA. Mr. Speaker, H.R. 3157 last year, individuals and businesses on Guam This past May, my district saw devastating would require USDA to designate employees sustained millions of dollars in damage as re- losses in the aftermath of a series of torna- of the Department to serve as disaster liaisons sult of the destruction wrought by two super- does. to State and local emergency agencies in a typhoons, Cha’at’an in May and Pongsona in Estimates indicate that our agriculture com- federally declared disaster area. These liai- December, 2002. While federal agencies munity in southwest Missouri lost an estimated sons would be responsible for coordinating worked quickly to implement disaster recovery $27 billion in damages. interagency programs and assisting agricul- plans for Guam, the central communications

VerDate jul 14 2003 01:28 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 9920 E:\CR\FM\K17NO7.012 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11169 mechanism between GovGuam and the var- (b) PURPOSES.—The purposes of this Act claimant qualifies for the remedies provided ious agencies through FEMA and its des- are— in subsection (c). ignated liaisons was crucial to the typhoon re- (1) to resolve boundary conflicts in Barry (c) RESOLUTION AUTHORITIES.—The appro- and Stone Counties, Missouri, arising from covery. priate Secretary may take any of the fol- subsequent land surveys; and lowing actions, or combination of actions, in H.R. 3157 will create a consistent mecha- (2) to minimize costs and inconvenience to order to resolve boundary conflicts with nism of communication between the federal the affected private property owners in qualifying claimants involving lands under government and state and local entities for ag- Barry and Stone Counties, Missouri. the administrative jurisdiction of the appro- ricultural issues in the event of a disaster. I SEC. 2. RESOLUTION OF BOUNDARY CONFLICTS, priate Secretary: strongly support passage of H.R. 3157 and VICINITY OF MARK TWAIN NA- (1) Convey and quitclaim all right, title, encourage my colleagues to vote in favor of TIONAL FOREST, BARRY AND STONE and interest of the United States in land sub- this important disaster legislation. COUNTIES, MISSOURI. ject to a boundary conflict. Mr. STENHOLM. Mr. Speaker, I yield (a) DEFINITIONS.—In this section: (2) Confirm Federal title to, and retain in back the balance of my time. (1) The term ‘‘appropriate Secretary’’ Federal management, any land subject to a means the Secretary of the Army or the Sec- boundary conflict, if the appropriate Sec- Mr. GUTKNECHT. Mr. Speaker, I retary of Agriculture. retary determines there are Federal inter- yield back the balance of my time. (2) The term ‘‘boundary conflict’’ means ests, including improvements, authorized The SPEAKER pro tempore. The the situation in which the private claim of uses, easements, hazardous materials, or his- question is on the motion offered by ownership to certain lands, based on subse- torical and cultural resources, on the land the gentleman from Minnesota (Mr. quent land surveys, overlaps or conflicts that necessitates retention of the land. GUTKNECHT) that the House suspend with Federal ownership of the same lands. (3) Compensate the qualifying claimant for the rules and pass the bill, H.R. 3157, as (3) The term ‘‘Federal land surveys’’ means the value of the overlapping property for amended. any land survey made by any agency or de- which title is confirmed and retained in Fed- partment of the Federal Government using eral management pursuant to paragraph (2). The question was taken; and (two- Federal employees, or by Federal contract (d) CONSIDERATION AND COST.— thirds having voted in favor thereof) with State-licensed private land surveyors or (1) CONVEYANCE WITHOUT CONSIDERATION.— the rules were suspended and the bill, corporations and businesses licensed to pro- The conveyance of land under subsection as amended, was passed. vide professional land surveying services in (c)(1) shall be made without consideration if A motion to reconsider was laid on the State of Missouri. the appropriate Secretary determines that the table. (4) The term ‘‘original land surveys’’ the boundary conflict was the result of the means the land surveys made by the United innocent detrimental reliance by the quali- f States General Land Office as part of the fying claimant on a subsequent land survey. GENERAL LEAVE Public Land Survey System in the State of (2) COSTS.—The appropriate Secretary Mr. GUTKNECHT. Mr. Speaker, I ask Missouri, and upon which Government land shall— patents were issued conveying the land. (A) pay administrative, personnel, and any unanimous consent that all Members (5) The term ‘‘Public Land Survey System’’ other costs associated with the implementa- may have 5 legislative days within means the rectangular system of original tion of this section, including the costs of which to revise and extend their re- Government lands surveys made by the survey, marking, and monumenting property marks on the bill, H.R. 3157, as amend- United States General Land Office and its lines and corners; and ed. successor, the Bureau of Land Management, (B) reimburse the qualifying claimant for The SPEAKER pro tempore. Is there under Federal laws providing for the survey reasonable out-of-pocket survey costs nec- objection to the request of the gen- of the public lands upon which the original essary to establish a claim under this sec- tleman from Minnesota? land patents were issued. tion. (6) The term ‘‘qualifying claimant’’ means (3) VALUATION.—Compensation paid to a There was no objection. a private owner of real property in Barry or qualifying claimant pursuant to subsection f Stone County, Missouri, who has a boundary (c)(3) for land retained in Federal ownership RESOLVING BOUNDARY CONFLICTS conflict as a result of good faith and inno- pursuant to subsection (c)(2) shall be valued cent reliance on subsequent land surveys, on the basis of the contributory value of the IN VICINITY OF MARK TWAIN and as a result of such reliance, has occu- tract of land to the larger adjoining private NATIONAL FOREST IN BARRY pied, improved, or made ownership claims to parcel and not on the basis of the land being AND STONE COUNTIES, MISSOURI Federal lands. a separate tract. The appropriate Secretary Mr. GUTKNECHT. Mr. Speaker, I (7) The term ‘‘subsequent land surveys’’ shall not consider the value of any Federal move to suspend the rules and pass the mean any land surveys made after the origi- improvements to the land. nal land surveys. bill (H.R. 2304) to resolve boundary con- (e) PREEXISTING CONDITIONS; RESERVA- (b) NOTICE OF BOUNDARY CONFLICT.— TIONS; EXISTING RIGHTS AND USES.— flicts in the vicinity of the Mark Twain (1) SUBMISSION AND CONTENTS.—A quali- (1) PREEXISTING CONDITIONS.—The appro- National Forest in Barry and Stone fying claimant shall notify the appropriate priate Secretary shall not compensate a Counties, Missouri, that resulted from Secretary in writing of a claim that a bound- qualifying claimant or any other person for private landowner reliance on a subse- ary conflict exists with Federal land admin- any preexisting condition or reduction in quent Federal survey, and for other istered by the appropriate Secretary. The no- value of any land subject to a boundary con- purposes, as amended. tice shall be accompanied by the following flict because of any existing or outstanding The Clerk read as follows: information, which, except as provided in permits, use authorizations, reservations, subsection (d)(2)(B), shall be provided with- timber removal, or other land use or condi- H.R. 2304 out cost to the United States: tion. Be it enacted by the Senate and House of Rep- (A) A land survey plat and legal descrip- (2) EXISTING RESERVATIONS AND RIGHTS AND resentatives of the United States of America in tion of the affected Federal lands, which are USES.—Any conveyance pursuant to sub- Congress assembled, based upon a land survey completed and cer- section (c)(1) shall be subject to— SECTION 1. FINDINGS AND PURPOSE. tified by a Missouri State-licensed profes- (A) reservations for existing public uses for (a) FINDINGS.—Congress finds the fol- sional land surveyor, and done in conformity roads, utilities, and facilities; and lowing: with the Public Land Survey System and in (B) permits, rights-of-way, contracts and (1) Certain landowners in Barry and Stone compliance with the applicable State and any other authorization to use the property. Counties, Missouri, innocently and in good Federal land surveying laws. (3) TREATMENT OF LAND SUBJECT TO SPECIAL faith relied on subsequent land surveys, (B) Information relating to the claim of USE AUTHORIZATION OR PERMIT.—For any land which they believed to be correct, and occu- ownership of the Federal lands, including subject to a special use authorization or per- pied, improved, or claimed portions of ad- supporting documentation showing the land- mit for access or utilities, the appropriate joining Federal lands based on such survey owner relied on a subsequent land survey due Secretary may convert, at the request of the information. to actions by the Federal Government in holder, such authorization to a permanent (2) The appropriate Federal agencies making or approving surveys for the Table easement prior to any conveyance pursuant should undertake actions to correctly rees- Rock Reservoir. to subsection (c)(1). tablish the corners of the Public Land Sur- (2) DEADLINE FOR SUBMISSION.—To obtain (4) FUTURE RESERVATIONS.—The appro- vey System in Barry and Stone Counties, relief under this section, a qualifying claim- priate Secretary may reserve rights for fu- Missouri, and rectify boundary conflicts and ant shall submit the notice required by para- ture public uses in a conveyance made pursu- landownership claims against Federal lands graph (1) within 15 years after the date of the ant to subsection (c)(1) if the qualifying resulting from subsequent land surveys, and enactment of this Act. claimant is compensated for the reservation do so in a manner which imposes the least (3) RESPONSIBILITIES OF CLAIMANTS.—The in cash or in land of equal value. cost and inconvenience to affected private qualifying claimant shall have the responsi- (f) RELATION TO OTHER CONVEYANCE AU- landowners. bility for establishing that the qualifying THORITY.—Nothing in this section affects the

VerDate jul 14 2003 01:28 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.027 H17PT1 H11170 CONGRESSIONAL RECORD — HOUSE November 17, 2003 Quiet Title Act (28 U.S.C. 2409a) or other ap- Mr. STENHOLM. Mr. Speaker, I yield federally conducted surveys should never plicable law, or affects the exchange and dis- myself such time as I may consume. force landowners to forfeit their property. posal authorities of the Secretary of Agri- Mr. Speaker, I rise in support of H.R. Mr. Speaker, I urge the House’s approval of culture, including the Small Tracts Act (16 2304, legislation to resolve boundary U.S.C. 521c), or the exchange and disposal au- this common-sense bill. thorities of the Secretary of the Army. conflicts in the vicinity of the Mark Mr. GUTKNECHT. Mr. Speaker, I (g) ADDITIONAL TERMS AND CONDITIONS.— Twain National Forest in Barry and yield back the balance of my time. The appropriate Secretary may require such Stone Counties, Missouri, resulting The SPEAKER pro tempore (Mr. additional terms and conditions in connec- from private landowner reliance on a PETRI). The question is on the motion tion with a conveyance under subsection subsequent Federal survey. offered by the gentleman from Min- (c)(1) as the Secretary considers appropriate These boundary conflicts resulted nesota (Mr. GUTKNECHT) that the House to protect the interests of the United States. from discrepancies between recent land suspend the rules and pass the bill, The SPEAKER pro tempore. Pursu- surveys conducted by the U.S. Forest H.R. 2304, as amended. ant to the rule, the gentleman from Service and its implementation of the The question was taken; and (two- Minnesota (Mr. GUTKNECHT) and the Restoration of Original Corners Pro- thirds having voted in favor thereof) gentleman from Texas (Mr. STENHOLM) gram, and decades-old surveys con- the rules were suspended and the bill, each will control 20 minutes. ducted by the Army Corps of Engi- as amended, was passed. The Chair recognizes the gentleman neers. As a result of the more recent A motion to reconsider was laid on from Minnesota (Mr. GUTKNECHT). land surveys, private property lands the table. b 1430 adjoining Federal lands were moved, f and private property landowners dis- Mr. GUTKNECHT. Mr. Speaker, I covered that, due to their reliance on GENERAL LEAVE yield myself such time as I may con- the older land surveys, they had inad- Mr. GUTKNECHT. Mr. Speaker, I ask sume. vertently trespassed on Federal land. unanimous consent that all Members Mr. Speaker, this bill provides a Mr. Speaker, H.R. 2304 would remedy may have 5 legislative days within mechanism for the Forest Service and these boundary discrepancies by au- which to revise and extend their re- the Army Corps of Engineers to resolve thorizing and directing the Secretary marks on H.R. 2304, the bill just consid- boundary conflicts between the Mark of Agriculture to convey title to U.S. ered. Twain National Forest and adjacent Forest Service land on which private The SPEAKER pro tempore. Is there private landowners. The dispute over landowners can demonstrate that they objection to the request of the gen- boundaries stems from recent surveys inadvertently trespassed because of tleman from Minnesota? conducted by contractors to the U.S. their reliance on a previous inaccurate There was no objection. Army Corps of Engineers, which have Federal survey, or relied on a survey f subsequently been found severely based on a previous inaccurate survey. flawed by the State Surveyor for Mis- I urge my colleagues to support this RECESS souri. legislation in order to resolve these The SPEAKER pro tempore. Pursu- The measure sets a process for deal- boundary discrepancies. ing with disputed boundaries. The land- ant to clause 12(a) of rule I, the Chair Mr. Speaker, I have no further re- declares the House in recess for ap- owner would notify the Secretary of quests for time, and I yield back the Agriculture of a disputed boundary, proximately 10 minutes. balance of my time. Accordingly (at 2 o’clock and 34 min- prompting a new land survey. If the Mr. GUTKNECHT. Mr. Speaker, I Secretary determines that the bound- utes p.m.), the House stood in recess yield myself such time as I may con- for approximately 10 minutes. ary conflict is the result of a reliance sume. on a previous land survey, the land in This is a commonsense solution at f dispute can be returned to the property the local level to problems that the b 1448 owner. Federal Government has created. The It is important to note that the bill Committee on Agriculture strongly AFTER RECESS does not require the conveyance of any supports this bill, and I hope that The recess having expired, the House particular lands. Where a new survey Members will join us in supporting this was called to order by the Speaker pro shows that the lands in question were bill. tempore (Mr. PETRI) at 2 o’clock and 48 surveyed improperly, the Forest Serv- Mr. BLUNT. Mr. Speaker, I rise today to minutes p.m. ice can either execute a quit claim urge support for the speedy resolution of a f deed, assert Federal ownership if the boundary dispute affecting private property Federal Government has improved the owners in my Congressional District. GEORGE HENRY WHITE POST land, or compensate the landowner for Apparently, there are some local issues that OFFICE BUILDING the land. apparently only an act of Congress can solve. Mr. DUNCAN. Mr. Speaker, I move to We made one minor change to the This issue surfaced when private property suspend the rules and pass the bill bill which requires that any liability owners’ historic boundary lines neighboring (H.R. 3353) to designate the facility of for environmental hazards on the prop- the Mark Twain National Forest and Table the United States Postal Service lo- erty, if any, be settled through an Rock Lake in Missouri’s Barry and Stone cated at 525 Main Street in Tarboro, agreement between the landowner and Counties were blurred when the U.S. Forest North Carolina, as the ‘‘George Henry the Federal Government. This change Service restored the mid-1800s Corners pro- White Post Office Building’’. was requested by the Committee on gram. The Clerk read as follows: Transportation and Infrastructure. Over the years, the Forest Service has been H.R. 3353 This is a case where the Federal Gov- effectively shaving off substantial sections of ernment has not exercised adequate Be it enacted by the Senate and House of Rep- private property that adjoins federal lands. Re- resentatives of the United States of America in due diligence in maintaining their land cent land surveys have found major dif- Congress assembled, surveys to the detriment of their ferences in surveys conducted by the Forest SECTION 1. GEORGE HENRY WHITE POST OFFICE neighbors. Rather than redrawing map Service and the Army Corps of Engineers. My BUILDING. boundaries from Washington, we are legislation would resolve these discrepancies, (a) DESIGNATION.—The facility of the creating a process where these folks so private property owners don’t lose property United States Postal Service located at 525 can address their claims closer to adjoining Federal lands. Main Street in Tarboro, North Carolina, home. The Committee on Agriculture A fight with the Federal Government over a shall be known and designated as the regards this as an equitable solution to boundary line can be an uphill battle. This bill ‘‘George Henry White Post Office Building’’. a local problem created by the Federal (b) REFERENCES.—Any reference in a law, will maintain the original property lines and map, regulation, document, paper, or other Government. I urge my colleagues to hand the title of the disputed land to the pri- record of the United States to the facility re- join me in support of this bill. vate landowner. ferred to in subsection (a) shall be deemed to Mr. Speaker, I reserve the balance of The Federal Government already owns a be a reference to the George Henry White my time. third of the nation’s land, and inaccuracies in Post Office Building.

VerDate jul 14 2003 01:28 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.007 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11171 The SPEAKER pro tempore. Pursu- County of Edgecombe, which he rep- He opened doors while in Congress to ant to the rule, the gentleman from resented with distinction as a part of pave the way for the civil rights move- Tennessee (Mr. DUNCAN) and the gen- the second congressional district, I now ment more than half a century later. tleman from North Carolina (Mr. have the great privilege of representing He campaigned against racial discrimi- BALLANCE) each will control 20 min- that same community, humbly fol- nation and urged enforcement of the utes. lowing in his footsteps. second section of the 14th amendment. The Chair recognizes the gentleman Mr. George Henry White was born in In January 1901, his last year in of- from Tennessee (Mr. DUNCAN). Rosendale, Bladen County, North Caro- fice, Congressman White proposed a GENERAL LEAVE lina, during slavery. He grew up the bill that would make lynching of Afri- Mr. DUNCAN. Mr. Speaker, I ask son of a sharecropper in nearby Colum- can Americans a Federal crime. Unfor- unanimous consent that all Members bus County. He was educated at the tunately, this bill did not pass; but it may have 5 legislative days within Whitten School in Lumberton. He first did have some impact in the Deep which to revise and extend their re- embarked on his trail of excellence South in particular. Despite Congress- marks on the bill under consideration. when he left his job as a farm laborer man White’s passionate plea, as I indi- The SPEAKER pro tempore. Is there and ventured here to the Nation’s Cap- cated, the term ended without his bill objection to the request of the gen- ital to attend Howard University. passing. tleman from Tennessee? Many people mistake him as being a George Henry White’s farewell speech There was no objection. graduate of Howard Law School, but on the floor of Congress, often referred Mr. DUNCAN. Mr. Speaker, I yield actually he was a graduate of high to as the ‘‘Phoenix Speech,’’ or his myself such time as I may consume. school and Howard undergraduate farewell speech, was made January 29, Mr. Speaker, on behalf of the Com- school. 1901: ‘‘This, Mr. Chairman, is perhaps mittee on Government Reform, I am Upon graduation from Howard Uni- the Negroes’ temporary farewell to the pleased that the House is considering versity in 1877, Mr. White returned to American Congress; but let me say, H.R. 3353. This bill names a post office North Carolina settling in the coastal Phoenix-like he will rise up some day after a great American statesman, town of New Bern, to begin the fight to and come again. These parting words George Henry White. From 1897 to 1901, better his North Carolina for all fami- on behalf of an outraged, heartbroken, Republican George Henry White served lies and helping empower the African bruised and bleeding, but God-fearing two terms as the U.S. Representative American community. people, faithful, industrious, loyal, ris- He became a teacher and then a prin- for North Carolina’s Second Congres- ing people full of potential force.’’ cipal and is credited with establishing sional District. At that time, he was Mr. Speaker, while Congressman four new schools. Mr. White knew then the only African American Member of White is deserving of far greater acco- what we all know now: information is Congress. As such, not only was Con- lades, and I am sure they will come in power, and the key to steering one’s gressman White responsible for his time, it is my great pleasure to offer own course is a quality education. North Carolina constituents, but as the While living in New Bern, where he this legislation on his behalf. I urge the highest-ranking black government offi- also worked as an attorney, having passage of this bill. Mr. Speaker, I yield back the balance cial in the Nation he also shouldered read law to become a lawyer, Mr. White of my time. the burden of representing the 10 mil- embarked upon a career in public serv- Mr. DUNCAN. Mr. Speaker, I com- lion African Americans at the turn of ice spanning more than 2 decades when, mend the gentleman from North Caro- the century. in 1880, he was elected to the North lina (Mr. BALLANCE) for introducing Congressman White took principled Carolina House of Representatives. stands against the racial inequality In 1884 he was elected to the North this very appropriate bill, and I urge that was far too prevalent for this time Carolina State Senate. And in 1886 he all of our colleagues to support the pas- period in American history. His elo- was elected as a solicitor for the second sage of H.R. 3353. quence and temperance toward injus- judicial district of North Carolina Mr. Speaker, I yield back the balance tice made him a well-respected Member where he served two terms. During this of my time. The SPEAKER pro tempore. The of Congress, and he is truly worthy of time, George Henry White was the only commendation by this body from which African American district attorney in question is on the motion offered by he departed more than 100 years ago. the United States. Continuing a polit- the gentleman from Tennessee (Mr. Mr. Speaker, this legislation com- ical career steeped in innovation and DUNCAN) that the House suspend the memorates George Henry White’s cou- leadership, blazing trails unheard of in rules and pass the bill, H.R. 3353. The question was taken; and (two- rageous legacy as the last black Mem- his day, in 1894 Mr. White moved to ber of this House following Reconstruc- Tarboro. It might be interesting to thirds having voted in favor thereof) tion. I congratulate the gentleman know that the one reason he moved the rules were suspended and the bill from North Carolina (Mr. BALLANCE) was because there was redistricting was passed. A motion to reconsider was laid on for having his bill considered by the going on and his hometown of New whole House. Bern was carved out of the second dis- the table. Mr. Speaker, I urge passage of H.R. trict. So he just packed up and moved f 3353. down to Tarboro, North Carolina, his JAMES E. DAVIS POST OFFICE Mr. Speaker, I reserve the balance of wife’s hometown. BUILDING my time. Three years later, he would become Mr. DUNCAN. Mr. Speaker, I move to Mr. BALLANCE. Mr. Speaker, I yield Congressman White, and only the third suspend the rules and pass the Senate myself such time as I may consume. African American elected to the U.S. bill (S. 1590) to redesignate the facility Mr. Speaker, we gather this after- House of Representatives from North of the United States Postal Service, lo- noon to honor a great man and leader Carolina, John Adams Hyman being cated at 315 Empire Boulevard in who blazed trails for African Ameri- the first, Henry P. Cheatham the sec- cans not only in North Carolina but ond. Crown Heights, Brooklyn, New York, throughout the Nation, Congressman Congressman White was the only Af- as the ‘‘James E. Davis Post Office George Henry White from my home rican American in the United States Building’’. State of North Carolina. Congress during his two terms and was The Clerk read as follows: I want to express my appreciation for the highest-ranking elected African S. 1590 the strong bipartisan support from the American in the United States. He es- Be it enacted by the Senate and House of Rep- North Carolina delegation and the sentially represented not only citizens resentatives of the United States of America in sponsorship of this bill. of the second congressional district but Congress assembled, We are here today, Mr. Speaker, to all 10 million African Americans across SECTION 1. JAMES E. DAVIS POST OFFICE BUILD- ING. show our appreciation for Congressman the Nation. He was the last former (a) DESIGNATION.—The facility of the White by naming the post office after slave and the last African American to United States Postal Service located at 315 him in Tarboro, North Carolina, the serve in the Congress during the post- Empire Boulevard in Crown Heights, Brook- town which he represented; and the Reconstruction era. lyn, New York, shall be known as designated

VerDate jul 14 2003 01:28 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.018 H17PT1 H11172 CONGRESSIONAL RECORD — HOUSE November 17, 2003 as the ‘‘James E. Davis Post Office Build- supporters of James E. Davis. I am would like to thank my colleagues from New ing’’. pleased that passage of this legislation York for doing so. (b) REFERENCES.—Any reference in a law, will immortalize James E. Davis’ con- On that tragic day when Councilman James map, regulation, document, paper, or other tributions to his community and to the Davis of Brooklyn was murdered in a violent record of the United States to the facility re- ferred to in subsection (a) shall be deemed to Nation. shooting in City Hall, New York City, we lost be a reference to the James E. Davis Post Of- Mr. Speaker, I urge passage of S. a true public servant. He was an intelligent, fice Building. 1590. passionate, and energetic young man who The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of had an extremely bright future. He worked ant to the rule, the gentleman from my time. very hard and took his duties as a public serv- ant very, very seriously. He was only 41 years Tennessee (Mr. DUNCAN) and the gen- b 1500 tleman from North Carolina (Mr. old and had served almost one term in the Mr. BALLANCE. Mr. Speaker, I yield New York City Council. But he had already BALLANCE) each will control 20 min- myself such time as I may consume. utes. made his mark. Mr. Speaker, I am pleased to stand at I met James through the Youth March The Chair recognizes the gentleman this time as the designee for the gen- Against Violence that he organized. His com- from Tennessee (Mr. DUNCAN). tleman from Illinois (Mr. DAVIS) on be- mitment to this issue was genuine. GENERAL LEAVE half of this resolution. I am pleased to However, when I think of him, I remember Mr. DUNCAN. Mr. Speaker, I ask join my colleagues in consideration of one of the last conversations we had, which I unanimous consent that all Members S. 1590, legislation naming a postal fa- think really embodies his approach to public may have 5 legislative days within cility after the late James E. Davis. service. We were meeting with housing au- which to revise and extend their re- S. 1509, which was introduced by Sen- thority officials, and he told them we weren’t marks on the bill under consideration. ator SCHUMER on September 8, 2003, there to point fingers at every one. But if we The SPEAKER pro tempore. Is there was unanimously adopted by the Com- didn’t work together to get thing done, we objection to the request of the gen- mittee on Government Reform on No- would all take the blame. Sound advice that I tleman from Tennessee? vember 6, 2003. An identical bill, H.R. think all public officials should take to heart. There was no objection. 3012, sponsored by the gentleman from With James, it was always about the com- Mr. DUNCAN. Mr. Speaker, I yield New York (Mr. TOWNS) has the support munity. He was dedicated to its betterment, myself such time as I may consume. and cosponsorship of the entire New having served as a police officer and district Mr. Speaker, S. 1590, a bill sponsored York delegation. leader before being elected to the city council. by Senator SCHUMER of New York, Mr. James Davis was born in 1962 and One could always see the love he had for his names a postal facility in Brooklyn, graduated from Tilden High School in neighbors and constituents. Naming a post of- New York, as the James E. Davis Post Brooklyn, New York in 1980. He ob- fice after him would be a lasting tribute to all Office Building. My distinguished col- tained a degree from Pace University of his hard work for the community that he league on the Committee on Govern- in 1989 and then joined the New York loved so much. While we still have a heavy ment Reform, the gentleman from New City Correctional Department. He be- heart for losing such a good friend, the James York (Mr. TOWNS), authored the House came a police officer in 1991 and was as- E. Davis post office can help us celebrate his version of this postal naming bill, H.R. signed to the 73rd Precinct in Brook- life. I think I can speak for all of Brooklyn 3012. I commend both the gentleman lyn. A youth officer, Mr. DAVIS served when I say that the James E. Davis post office from New York (Mr. TOWNS) and Sen- in the New York Police Department is something that we will all be proud of. ator SCHUMER for their work on this until he decided to enter the political Mr. DUNCAN. Mr. Speaker, I yield meaningful effort. arena in 1988 by running for assembly- back the balance of my time. Mr. Speaker, James E. Davis was a man for the 43rd District. Although un- The SPEAKER pro tempore (Mr. devoted public official who lived and successful, he ran again and won office PETRI). The question is on the motion worked in Brooklyn all of his life. The in November 2001, where he served as offered by the gentleman from Ten- son of a corrections officer himself, councilman for the 35th District. nessee (Mr. DUNCAN) that the House Davis became an officer in the New Tragically, as we have just heard, suspend the rules and pass the Senate York Police Department in 1983. After Councilman Davis’s life was cut short bill, S. 1590. nearly 2 decades on the police force, he when he was gunned down in a violent The question was taken; and (two- was elected to the New York City shooting in the City Hall at the young thirds having voted in favor thereof) Council in November of 2001. In that age of 41. the rules were suspended and the Sen- capacity Davis was able to utilize his Mr. Speaker, James Davis was a man ate bill was passed. dynamic public speaking ability. He of the community. He has dedicated his A motion to reconsider was laid on truly had a gift for connecting with au- life to improving conditions in Brook- the table. diences and delivering messages that lyn, New York, helping young people f advocated non-violence. realize their dreams and stopping HUGH GREGG POST OFFICE Mr. Speaker, defeating crime and urban violence. BUILDING eliminating violence in inner-city New I commend my colleagues, the gen- Mr. DUNCAN. Mr. Speaker, I move to York were lifelong missions for James tleman from New York (Mr. TOWNS) suspend the rules and pass the bill E. Davis both as a law enforcement and and Senator SCHUMER for seeking to (H.R. 3185) to designate the facility of elected official. This reality made July honor the legacy of Councilmember the United States Postal Service lo- 23, 2003, an even more ironically tragic James Davis and urge the adoption of cated at 38 Spring Street in Nashua, day for New Yorkers as well as all this bill. Americans. On that afternoon, James Mr. Speaker, I yield back the balance New Hampshire, as the ‘‘Hugh Gregg Davis had invited a political rival to of my time. Post Office Building’’. The Clerk read as follows: City Hall to attend a council meeting. Mr. DUNCAN. Mr. Speaker, I have no Just after 2 o’clock, Councilman Davis’ additional speakers. I urge passage of H.R. 3185 guest brandished a handgun and S. 1590, and I urge all of my colleagues Be it enacted by the Senate and House of Rep- resentatives of the United States of America in inexplicably shot Davis twice in the to join in support of this very worth- Congress assembled, chest. Mr. Davis sadly passed away at a while and appropriate measure. SECTION 1. HUGH GREGG POST OFFICE BUILD- nearby hospital later that afternoon. Mr. TOWNS. Mr. Speaker, as the lead ING. Mr. Speaker, many of us saw the sponsor of the House version of S. 1590, I am (a) DESIGNATION.—The facility of the story of James E. Davis’ tragic murder pleased that we are considering this legislation United States Postal Service located at 38 in New York City Hall on national today. S. 1590 would rename the post office Spring Street in Nashua, New Hampshire, newscasts last summer. I want to join located at 315 Empire Boulevard in Crown shall be known and designated as the ‘‘Hugh Gregg Post Office Building’’. with the gentleman from New York Heights, Brooklyn, New York, as the ‘‘James (b) REFERENCES.—Any reference in a law, (Mr. TOWNS) and Senator SCHUMER in E. Davis Post Office Building.’’ I would also map, regulation, document, paper, or other extending the sympathy of all Members like to note that this bill has been cosponsored record of the United States to the facility re- of Congress to the family, friends, and by the entire New York delegation, and I ferred to in subsection (a) shall be deemed to

VerDate jul 14 2003 02:48 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.018 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11173 be a reference to the Hugh Gregg Post Office Hampshire from 1953 until 1955, was Hampshire was the birthplace of the Building. born in New Hampshire and became its Republican party and not Ripon, Wis- The SPEAKER pro tempore. Pursu- youngest Governor at the age of 34. A consin, as it has been previously ant to the rule, the gentleman from graduate of Yale and Harvard Law thought. No offense to our distin- Tennessee (Mr. DUNCAN) and the gen- School, he served as a Special Agent of guished presiding officer here today, tleman from North Carolina (Mr. the Counterintelligence Corps during but he turned out to be right about BALLANCE) each will control 20 min- World War II and the Korean Crisis. that. He made extensive research and utes. A well-known businessman and com- determined that the records of the The Chair recognizes the gentleman munity leader, Mr. Gregg passed away party originated in Exeter, New Hamp- from Tennessee (Mr. DUNCAN). on September 24, 2003 at the age of 85. shire, and he established a society GENERAL LEAVE Hugh Gregg was remembered as a called the Amos Tuck Society. Mr. DUNCAN. Mr. Speaker, I ask statesman and gentleman. His love for Indeed, Mr. Speaker, Hugh Gregg was unanimous consent that all Members his State and country and dedication not only Governor, mayor of Nashua, may have 5 legislative days within to public service was well known. father of U.S. Senator JUDD GREGG and which to revise and extend their re- Mr. Speaker, I commend my col- Cy Gregg, long-time husband of Cath- marks on H.R. 3185. leagues for seeking to honor the late erine Gregg, a great political crusader The SPEAKER pro tempore. Is there Hugh Gregg and urge swift adoption on for many different causes, not all of objection to the request of the gen- H.R. 3185. which were necessarily associated with tleman from Tennessee? Mr. Speaker, I yield back the balance Republicans, but were really focussed There was no objection. of my time. on the good of the State of New Hamp- Mr. DUNCAN. Mr. Speaker, I yield as Mr. DUNCAN. Mr. Speaker, I yield shire and the good of the lives of the much time as he may consume to the myself such time as I may consume. people around him. The efforts he made gentleman from New Hampshire (Mr. Mr. Speaker, on behalf of the Com- on behalf of others, not only in the mittee on Government Reform, I am BASS), the author of the bill. Mr. BASS. Mr. Speaker, I thank my area of politics, but in charity through pleased to call up H.R. 3185 for consid- friend, the gentleman from Tennessee the Crotched Mountain Rehabilitation eration. This legislation introduced by Center which is one of the Nation’s (Mr. DUNCAN) for recognizing me and my colleague, the gentleman from New for making it possible along with my leading centers for the treatment of Hampshire (Mr. BASS) designates the friend, the gentleman from North Caro- those brain-injured and develop- postal facility at 38 Spring Street in lina (Mr. BALLANCE) to have the oppor- mentally-disabled individuals estab- Nashua, New Hampshire, as the Hugh tunity to bring this bill to the floor. lished by his father but nurtured and Gregg Post Office Building. As the gentleman said at the end of expanded significantly by him. Hugh Gregg, a giant in New Hamp- his speech just previously, Governor He served on a number of different shire politics for several decades, was Hugh Gregg died on September 24th of boards, serving on the board of the elected Governor of the Granite State this year after a brief illness, and brief Fleet Bank, at that time Indian Head in 1953 at the age of 34. As a result, he it was, because just prior to that ill- Bank. He was involved in businesses all was forevermore nicknamed the ‘‘Boy ness, the city of Nashua, which is the over the place. Governor.’’ One of his most notable largest city in my district, celebrated Hugh Gregg was a man of courage. He achievements was his work in orga- its 150th anniversary. And guess who was a man that some might say was nizing the first-in-the-Nation Presi- walked at the front of the line in a top tactless on occasion. I know, as Gov- dential primary in New Hampshire. hat and tuxedo with a cane but Hugh ernor of the State of New Hampshire, What began as little more than a beau- Gregg, the grand marshall of the pa- on a couple of occasions he was known ty contest for candidates in 1952, his rade. Governor Hugh Gregg celebrating to become frustrated with people he tireless work is a big reason the New the city that he loved and lived in his came in contact with, and he had a Hampshire primary has evolved into entire life. habit of taking scissors and snipping such a critical date for modern Presi- Indeed, he served our country during their ties off just to get their attention dential candidates. World War II, not once, but twice. He and, indeed, it did. It is also important to note that Gov- served in the Korean War. He served on Hugh Gregg campaigned with me dur- ernor Gregg’s son, Judd, went on to be the Nashua City Council. He became its ing one of my many campaigns in the elected Governor of New Hampshire in mayor, and he was elected Governor of Nashua Recycling Center. We were try- 1989, and he now serves as the State’s the State of New Hampshire in his ing to meet people there, of course. He senior United States Senator. early thirties, the year I was born. was in his early eighties or late seven- Mr. Speaker, America mourned on Hugh Gregg also took on big projects. ties. He said, You go over there and September 24th of this year, when He was not one to think about things work over there in recycling, where Hugh Gregg passed away at age 85. He pragmatically or think about things in they bring in bottles and cans. That is is survived by his wife, Catherine War- any small way. a nice clean thing for you to do. I will ner Gregg, two sons, five grandchildren During my political career, he go over and carry the garbage because and one great-grandchild. achieved two major accomplishments. nobody is going to tell a 75-year-old Mr. Speaker, I commend the gen- First, he sought out to establish a mu- man that they do not like him for car- tleman from New Hampshire (Mr. seum of political history in New Hamp- rying their garbage over to the garbage BASS) for his work on H.R. 3185, and I shire. It is no secret that New Hamp- area. strongly support its passage. shire is the first part of the Nation’s Hugh Gregg was the kind of man that Mr. Speaker, I reserve the balance of primary and always will be. Hugh was full of energy, full of enthusiasm my time. Gregg wanted to make sure that the and full of compassion and a commit- Mr. BALLANCE. Mr. Speaker, I yield political history of the State, going ment to the folks around him in the myself such time as I may consume. back as far as anybody cared to, was city of Nashua and the State of New I am honored and pleased to join my properly recorded. And as time went Hampshire. He will be sorely missed by colleagues in consideration of H.R. on, candidates running for office would all of us. I think this is a wonderful op- 3185, legislation naming a postal facil- have a place to repose their memora- portunity to name the Nashua Post Of- ity after Hugh Gregg. H.R. 3185 which bilia and great events and so forth. He fice after this great American citizen. was introduced by the gentleman from published no less than three books on Mr. DUNCAN. Mr. Speaker, I yield New Hampshire (Mr. BASS) on Sep- the subject of New Hampshire political myself such time as I may consume. tember 25, 2003, was unanimously ap- history, the latest with our Secretary Mr. Speaker, since the gentleman proved by the Committee on Govern- of State, Bill Gardner. Hugh Gregg is from New Hampshire (Mr. BASS) has ment Reform on October 8, 2003. responsible for the establishment of brought up the founding of the Repub- H.R. 3185 has the support and cospon- this institution, which will live on in lican party and Mr. Gregg’s interest in sorship of the entire New Hampshire perpetuity. that, I would mention that I have the Congressional delegation. Hugh Gregg, The second big project he took on privilege of representing the only dis- a former Republican Governor of New was an effort to try to prove that New trict in the United States that has had

VerDate jul 14 2003 01:28 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.010 H17PT1 H11174 CONGRESSIONAL RECORD — HOUSE November 17, 2003 continuous Republican representation of taxpayer dollars, thousands of successful years. In fact, as has been just pointed in the United States House of Rep- criminal prosecutions, hundreds of millions out, the House passed H.J. Res. 70 by resentatives since the founding of the of dollars returned to the United States voice just a few days ago. Republican party. Treasury through investigative recoveries, Twenty-five years ago the Inspector and the suspension and debarment of thou- This legislation seems to be very fit- sands of individuals or entities from doing General Act of 1978 established, for the ting and proper to name this post office business with the Government; and first time, IG’s in 12 executive branch facility after Hugh Gregg who was a Whereas for 25 years the Inspectors Gen- agencies. They proved so successful very great American, who saw the eral have worked with Congress to facilitate that today there are IG’s in 59 Federal American dream come true in his life effective oversight to improve the programs agencies. The Inspectors General re- in several different ways. I urge pas- and operations of the Federal Government: port both to the agency head and to sage of this bill. Now, therefore, be it Congress and are one of Congress’s Resolved by the Senate and House of Rep- Mr. Speaker, I yield back the balance resentatives of the United States of America in principal watchdogs in the executive of my time. Congress assembled, That Congress— branch. The SPEAKER pro tempore. The (1) recognizes the many accomplishments b 1515 question is on the motion offered by of the Inspectors General in preventing and the gentleman from Tennessee (Mr. detecting waste, fraud, abuse, and mis- IGs have a tough job. As independent DUNCAN) that the House suspend the management in the Federal Government; investigators within Federal agencies, rules and pass the bill, H.R. 3185. (2) commends the Inspectors General and they are often the last person a man- The question was taken; and (two- their employees for the dedication and pro- ager wants to hear from. fessionalism displayed in the performance of The IGs returned over $4.5 billion to thirds having voted in favor thereof) their duties; and the rules were suspended and the bill the Federal Government during fiscal (3) reaffirms the role of Inspectors General year 2002 in restitutions and recoveries. was passed. in promoting economy, efficiency, and effec- A motion to reconsider was laid on tiveness in the administration of the pro- IG audits also identified another $72 the table. grams and operations of the Federal Govern- billion in funds that could be used more efficiently and effectively. They f ment. The SPEAKER pro tempore. Pursu- also had more than 10,000 successful COMMENDING INSPECTORS GEN- ant to the rule, the gentleman from criminal prosecutions. ERAL FOR EFFORTS DURING Tennessee (Mr. DUNCAN) and the gen- The IGs make similar contributions PAST 25 YEARS tleman from North Carolina (Mr. year after year. They have more than Mr. DUNCAN. Mr. Speaker, I move to BALLANCE) each will control 20 min- proven their usefulness to Congress and suspend the rules and pass the Senate utes. the American people. I urge my col- joint resolution (S.J. Res. 18) com- The Chair recognizes the gentleman leagues to support this resolution com- mending the Inspectors General for from Tennessee (Mr. DUNCAN). memorating their 25th anniversary. their efforts to prevent and detect GENERAL LEAVE Mr. Speaker, I yield back the balance waste, fraud, abuse, and mismanage- Mr. DUNCAN. Mr. Speaker, I ask of my time. ment, and to promote economy, effi- unanimous consent that all Members Mr. DUNCAN. Mr. Speaker, I yield ciency, and effectiveness in the Federal may have 5 legislative days within myself such time as I may consume to Government during the past 25 years. which to revise and extend their re- close by saying that many, many peo- The Clerk read as follows: marks on S.J. Res. 18. ple have paid lip service to waste, S.J. RES. 18 The SPEAKER pro tempore. Is there fraud, and abuse within the Federal Government, but these Inspectors Gen- Whereas the Inspector General Act of 1978 objection to the request of the gen- (5 U.S.C. App.) was signed into law on Octo- tleman from Tennessee? eral and their staffs are on the front ber 12, 1978, with overwhelming bipartisan There was no objection. lines trying to do something about this support; Mr. DUNCAN. Mr. Speaker, I yield to save taxpayers money and help Whereas Inspectors General now exist in myself such time as I may consume. make our Federal Government run the 29 largest executive branch agencies and Mr. Speaker, Senate Joint Resolu- more honestly and efficiently, so I urge in 28 other designated Federal entities; tion 18 commends Inspectors General passage of this legislation. Whereas Inspectors General work to serve across the Federal Government for Mr. Speaker, I have no further re- the American taxpayer by promoting econ- quests for time, and I yield back the omy, efficiency, effectiveness, and integrity their contributions to taxpayers and in the administration of the programs and overall government efficiency over the balance of my time. operations of the Federal Government; last 25 years. The SPEAKER pro tempore (Mr. Whereas Inspectors General conduct audits This year marks the 25th anniversary PETRI). The question is on the motion and investigations to both prevent and de- of the Inspector General Act of 1978 offered by the gentleman from Ten- tect waste, fraud, abuse, and mismanage- that created the position of Inspector nessee (Mr. DUNCAN) that the House ment in the programs and operations of the General in Federal agencies and de- suspend the rules and pass the Senate Federal Government; partments. I had the honor of intro- joint resolution, S.J. Res. 18. Whereas Inspectors General make Congress The question was taken. and agency heads aware, through semiannual ducing the original legislation to name reports and other communications, of prob- an Inspector General or create an In- The SPEAKER pro tempore. In the lems and deficiencies in the administration spector General position for the Ten- opinion of the Chair, two-thirds of of programs and operations of the Federal nessee Valley Authority. those present have voted in the affirm- Government; Today, Inspectors General exist in 57 ative. Whereas Congress and agency heads utilize executive branch agencies. Their work Mr. DUNCAN. Mr. Speaker, on that I the recommendations of Inspectors General has eliminated waste in management demand the yeas and nays. in the development and implementation of at all levels of the Federal Government The yeas and nays were ordered. policies that promote economy and effi- The SPEAKER pro tempore. Pursu- ciency in the administration of, or prevent and saved countless taxpayer dollars. and detect waste, fraud, abuse, and mis- Mr. Speaker, this body has already ant to clause 8 of rule XX and the management in, the programs and oper- passed the House version of this resolu- Chair’s prior announcement, further ations of the Federal Government; tion, so I will similarly urge all Mem- proceedings on this motion will be Whereas Federal employees and other dedi- bers to support the adoption of Senate postponed. cated citizens report information to Inspec- Joint Resolution 18. f tors General regarding the possible existence Mr. Speaker, I reserve the balance of of an activity constituting a violation of my time. HONORING MR. SARGENT SHRIVER law, rules, or regulations, or mismanage- Mr. BALLANCE. Mr. Speaker, I yield Mr. DUNCAN. Mr. Speaker, I move to ment, gross waste of funds, abuse of author- suspend the rules and agree to the con- ity, or a substantial and specific danger to myself such time as I may consume. public health and safety; Mr. Speaker, I support Senate Joint current resolution (H. Con. Res. 299) Whereas Inspector General audits and in- Resolution 18 which recognizes Inspec- honoring Mr. Sargent Shriver for his vestigations result in annual recommenda- tors General for their efforts to prevent dedication and service to the United tions for more effective spending of billions waste, fraud and abuse over the past 25 States of America, for his service in

VerDate jul 14 2003 01:28 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.025 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11175 the United States Navy, and for his GENERAL LEAVE America and of the world. In 2001, dur- lifetime of work as an ambassador for Mr. DUNCAN. Mr. Speaker, I ask ing a speech at the 40th Anniversary of the poor and powerless citizens of the unanimous consent that all Members the Peace Corps Vigil at the Lincoln United States of America, and for may have 5 legislative days within Memorial, Shriver stated: ‘‘Be servants other purposes. which to revise and extend their re- of peace; work at home as you have The Clerk read as follows: marks on H. Con. Res. 299, the resolu- worked abroad, humbly, persistently, H. CON. RES. 299 tion now under consideration. intelligently. Weep with those who are Whereas from 1955 to 1960, Mr. Shriver The SPEAKER pro tempore. Is there sorrowful, care for those who are sick. served as president of the Chicago Board of objection to the request of the gen- Serve your wives, serve your husbands, Education; tleman from Tennessee? serve your families, serve your neigh- Whereas Mr. Shriver earned the rank of There was no objection. bors, serve your citizens, serve your Lieutenant Commander after 5 years of serv- Mr. DUNCAN. Mr. Speaker, I yield cities, serve the poor. Join others who ice in the United States Navy; Whereas in 1960, Mr. Shriver began his ca- myself such time as I may consume. serve. Serve, serve, serve. That’s the reer in public service by working as a polit- Mr. Speaker, House Concurrent Reso- end. That is the challenge. For in the ical and organization coordinator for Sen- lution 299 honors Mr. Sargent Shriver end, it will be the servants who save us ator John F. Kennedy in the Wisconsin and for his dedication and service to the all.’’ West Virginia Presidential primaries; United States of America. In 1961, Be servants of peace. This is an im- Whereas from 1961 to 1966, Mr. Shriver or- President John F. Kennedy appointed portant directive not only for the ganized and directed the Peace Corps, devel- Sargent Shriver the first director of Peace Corps, but for all of us who work oping volunteer activities in Africa, Asia, the United States Peace Corps, an or- to seek to make America and the world and Latin America; a better place, as Sargent Shriver has. Whereas from 1964 to 1968, as the first Di- ganization that continues to help mil- rector of the Office of Economic Opportunity lions of people all over the globe today. We owe men and women like Sargent during President Lyndon B. Johnson’s ad- Three years later, because of his suc- Shriver a debt of gratitude and this ministration, Mr. Shriver helped establish cess establishing the Peace Corps, Sar- resolution serves to do that. Head Start, VISTA, Community Action, Job gent Shriver was also named director Mr. Speaker, I yield back the balance Corps, Legal Services, Foster Grandparents, of the Office of Economic Opportunity of my time. Indian and Migrant Opportunities, and by President Lyndon Johnson. He ulti- Mr. DUNCAN. Mr. Speaker, I yield Neighborhood Health Services; mately resigned from the Peace Corps such time as he may consume to the Whereas in 1964, Mr. Shriver was appointed gentleman from California (Mr. by President Johnson to serve as United in 1966 to devote himself full time to MCKEON). States Ambassador to France; the OEO. In 1968, he was selected as our Mr. MCKEON. Mr. Speaker, I thank Whereas in 1972, Mr. Shriver was selected Ambassador to France. Ambassador by the Democratic party as the Vice Presi- Shriver joined the national Presi- the gentleman for yielding me this time. dential candidate during Senator George dential ticket in 1972, when he became Mr. Speaker, I rise today as the McGovern’s Presidential campaign against George McGovern’s Vice Presidential President Nixon; proud sponsor of House Concurrent running mate in that year. Whereas in 1984, Mr. Shriver served as Resolution 299, honoring the life and Mr. Speaker, Sargent Shriver lived a president of the Board of Directors of Special accomplishments of my friend Sargent remarkable life committed to public Olympics and was responsible for the oper- Shriver. I have another good friend service in the U.S. and around the ation and international development of here that I met on the Hill, that I have sports programs around the world; world. I congratulate the gentleman known for a number of years, who Whereas in 1990, Mr. Shriver was appointed from California for recognizing Mr. chairman of the Board of Special Olympics; worked many years ago for Sargent Sargent Shriver for his steadfast dedi- Shriver, considered him a mentor, and Whereas in 2003, Mr. Shriver was appointed cation and lifelong service to his coun- chairman of the Board Emeritus of Special is one that really got me interested in Olympics and has held positions in many as- try. studying more about what Sargent sociations, including the American Council Mr. Speaker, I reserve the balance of Shriver has accomplished in this life. on Germany, the National Interreligious my time. Just a short week after his 88th birth- Task Force on Soviet Jewry, the Navy Mr. BALLANCE. Mr. Speaker, I yield day, we honor this American Patriot League, the Veterans of Foreign Wars, and myself such time as I may consume. for his accomplishments in life, for his the Knights of Columbus; Mr. Speaker, Sargent Shriver is a hu- compassion for humanity, for his phi- Whereas Mr. Shriver has been honored manitarian, an advocate, a public serv- with numerous awards, including the Distin- lanthropy, for his generosity, and for ant, and a leader whose contributions his commitment to public service. guished American Award from the John F. to his country and his fellow man are Kennedy Library and Foundation for his As children, we all have visions and work with the Peace Corps and the Presi- immeasurable. Leading President dreams of one day being able to change dential Medal of Freedom, the United States’ Johnson’s War on Poverty, Shriver the world, to make a real difference to highest civilian honor; and ushered in many of the great society mankind, to be remembered. But in re- Whereas Mr. Shriver has been honored programs aimed at helping Americans ality, it is difficult to find a person with more than 24 honorary degrees from better their lives. A list of programs who has actually done so. As an ambas- universities around the world, including Yale Sargent Shriver started, defended, and sador and advocate for the poor and University, Brandeis University, Boston Col- expanded, and which remain in place powerless, as a man of strong convic- lege, Yeshiva University, the University of today, are the Peace Corps, which in Liberia, and Chulalongkorn University in tion, faith, and devotion, as a man who Bangkok, Thailand: Now, therefore, be it 1961 he helped organize and became its genuinely loves his country and all Resolved by the House of Representatives (the first director, Head Start, Job Corps, that it stands for, it is safe to say that Senate concurring), That Congress— Legal Services, Upward Bound, Com- Sargent Shriver truly has made a dif- (1) honors Mr. Sargent Shriver for his dedi- munity Action, Foster Grandparents, ference in the world. cation and service to the United States of and VISTA. Along with his wife Eu- Born 88 years ago last Sunday, Sar- America, for his service in the United States nice, the founder of Special Olympics gent received both his undergraduate Navy, and for his lifetime of work acting as International, Sargent Shriver has nur- an ambassador for the poor and powerless and law degrees from Yale University. citizens of the United States; and tured the Special Olympics since 1968. He married his long-time sweetheart, (2) recognizes Mr. Sargent Shriver for his A man of stellar character and tire- Eunice Kennedy, and 50 years later, steadfast dedication and lifelong service to less energy, Shriver was raised on a their love remains as strong as the day his country. farm in Westminster, Maryland. He they met. His devotion to his wife and The SPEAKER pro tempore. Pursu- worked his way through college, grad- his five children, throughout his life, ant to the rule, the gentleman from uating from Yale University, cum exemplify his character and represent Tennessee (Mr. DUNCAN) and the gen- laude, in 1938, and Yale Law School in the true American spirit. tleman from North Carolina (Mr. 1941. Shriver served 5 years in the Navy His love for family is followed closely BALLANCE) each will control 20 min- during World War II ending his service by his love of country. As an inter- utes. as Lieutenant Commander. national lawyer and administrator, The Chair recognizes the gentleman Sargent Shriver worked to unite Sargent Shriver has compiled an un- from Tennessee (Mr. DUNCAN). common concerns of the citizens of paralleled record of public service at

VerDate jul 14 2003 01:28 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.029 H17PT1 H11176 CONGRESSIONAL RECORD — HOUSE November 17, 2003 every tier, from the local level to the celebration of democracy. I am proud Mr. HOYER. Mr. Speaker, in 5 days, we will world community. Sargent served as an to have sponsored this resolution and observe the 40th anniversary of one of the attorney in the United States Navy encourage all Members to follow the darkest moments in American history—the as- during World War II and retired as a example set by my friend, Sargent sassination of our 35th President, John F. Lieutenant Commander after 5 years of Shriver. Kennedy. service. Mr. DUNCAN. Mr. Speaker, I yield President Kennedy stirred the imagination of After ending his military career, Mr. myself such time as I may consume to our Nation and inspired a generation to ‘‘ask Shriver worked briefly as an editorial commend the gentleman from Cali- not what your country can do for you—ask assistant at Newsweek magazine. In fornia for introducing this very worth- what you can do for your country.’’ 1955, he began a 5-year tenure as presi- while legislation, and I join him in Today, Mr. Speaker, I join my colleagues in dent of the Chicago Board of Edu- commending Sargent Shriver on his ca- honoring a man who answered that clarion call cation, a position that would teach him reer. He has led a life of public service to a life in public service; a man who quite lit- the sense of patriotism and community that has set a great example for every- erally was a pillar in President Kennedy’s New activism, which he would carry one in this Nation. He has tried to Frontier; and a man who is one of the greatest throughout his life. serve this Nation well. public servants in the history of our Nation. In 1961, Mr. Shriver answered the call Mr. MCGOVERN. Mr. Speaker, I am I, of course, am referring to Robert Sargent of duty again, this time by President pleased to join my colleagues in honoring Sar- Shriver, Jr., who celebrated his 88th birthday John F. Kennedy. Sargent established gent Shriver for his years of outstanding serv- one week ago. and directed the newly-founded organi- ice to our country. As a lawyer, government Sargent Shriver’s devotion to this nation— zation called the Peace Corps, and administrator, ambassador, and passionate and humanity—sets an example for all to helped organize operations around the spokesman for the poor, Mr. Shriver has de- emulate and a high bar that only a few will world, from Africa and Asia to Latin voted his life to the most vulnerable among ever hope to exceed. America. The Peace Corps would even- us. A native of the State of Maryland, and in tually come to the aid of foreign com- Sargent Shriver is perhaps best known as fact a member of one of the Free State’s munities needing medical, educational the founder and first administrator of President founding families, Sargent Shriver has dedi- and technical assistance, while giving John F. Kennedy’s Peace Corps. In that posi- cated his life to improving the lives of others. millions of Americans the opportunity tion, Mr. Shriver organized Peace Corps oper- A few years ago, Sarge was asked to ex- share our culture and values and demo- ations in more than 50 countries in the devel- plain his lifelong commitment to public service. cratic way of life to those less fortu- oping world. ‘‘I just feel my faith,’’ he said. ‘‘A life of service nate around the world. After founding the Peace Corps, Mr. Shriver is like catching a disease. In a family it’s After September 11, many Americans dedicated himself to President Lyndon B. passed on. . . . Our five children are all in- have been searching for their role in Johnson’s Great Society. Within the Great So- volved in service. It’s in their veins.’’ There is no doubt that this generation and the war against terrorism, asking what ciety, Mr. Shriver founded Head Start; he cre- future generations of Americans are the bene- can I do. President Bush has called on ated the Job Corps; he organized Legal Serv- every citizen to devote a portion of ficiaries of his life of service. ices; and he created Volunteers in Service to After graduating from Yale Law School in their lives to service. Since September America. 1941, Sarge enlisted in the Navy, where he 2001, more than 3,000 potential Peace In time, Mr. Shriver’s service to our country received the Navy Unit Citation and the Sub- Corps volunteers have started applica- took on a diplomatic perspective when he marine Medal for service in both the Atlantic tions and almost 7,000 men and women went to Paris as our ambassador to France and Pacific. have contacted the Peace Corps to ask under both President Johnson and President After World War II, Sarge accepted a posi- about volunteering. The Peace Corps Richard M. Nixon. tion as assistant editor with Newsweek maga- estimates that there has been a 300 per- Upon his return from Paris, Mr. Shriver zine. He later went into business with Joseph cent increase in volunteer interest. threw himself into Democratic politics. During Kennedy, President Kennedy’s father, and met Sargent Shriver deserves the gratitude the 1970 election, he traveled the country on Eunice, his wife of more than 50 years. of every American for his contributions behalf of Democratic House and Senate can- Sarge than moved his family to Chicago, to this most noble of causes. didates. And then in 1972 he was the Demo- where he served on the Board of Education. As the true patriot he is, Sargent’s cratic nominee for vice president joining the In 1956, he was elected President of the commitment to those in need did not ticket with my good friend George McGovern. Board, the youngest person to serve in such stop there. He served as the first direc- In 1976, Mr. Shriver ran in the Democratic a position in any major American city. tor of the Office of Economic Oppor- presidential primaries. And in 1960, he joined the Presidential cam- tunity under President Johnson. Using Mr. Speaker, throughout the 1980s and paign of then-Senator Kennedy. After the elec- his principles as his guiding light, Sar- 1990s, Mr. Shriver devoted himself to philan- tion, he was asked by President Kennedy to gent played the American Dream a re- thropic causes. Among other things, he served create the Peace Corps and in March 1961 ality for millions of Americans across on the Rockefeller University Council; he was was appointed its founding Director. America. And, today, at the young age elected president of the Special Olympics; he Sarge’s vision for the Peace Corps was of 88, Sargent’s mission of service con- was later appointed Chairman of the Board of straight-forward and strong: ‘‘to permit Ameri- tinues. He was elected president of the Special Olympics, Inc. Mr. Shriver went on to cans to participate directly, personally, and ef- Special Olympics in 1984 and was ap- receive numerous awards and honorary de- fectively in this struggle for human dignity.’’ pointed Chairman of the Board Emer- grees from colleges and universities. In nearly 6 years at the Peace Corps, Sarge itus of Special Olympics earlier this Mr. Speaker, this summer I had the oppor- developed programs in 55 countries with more year. tunity to see and talk with Sargent Shriver in than 14,500 volunteers. Forty-two years later, Martin Luther King said, ‘‘You ought Massachusetts. He shared with me his the solid foundation that he created has only to believe in something in life, and be- dreams of a peaceful world and his hopes for strengthened and expanded. Today, 163,000 lieve that thing so fervently that you a brighter future. And he looks great. Peace Corps volunteers have served in 135 will stand up for it until the end of Mr. Speaker, as we honor Mr. Shriver today, countries. your days.’’ As a man of unflinching I believe it is important that we reflect on his However, while Sarge is rightly identified as moral character, visionary leadership, life of service to our country and how we can the founding father of this great American and a compassion that sees no end, learn from him. In a letter he composed about idea, his contributions to the Peace Corps do Sargent Shriver embodies the idealism his fight with Alzheimer’s disease, he wrote of not tell the whole story. that helped make the United States the challenges we face as a country ‘‘to Sarge also served as the first Director of the the world’s cornerstone of freedom, op- search for the pathways to peace . . . to Office of Economic Opportunity under Presi- portunity, and democracy. overcome the horrors of poverty and neglect dent Johnson. Then, between 1964 and 1968, Mr. Shriver once said that the poli- in this country and around the world. Indeed, he created VISTA, Head Start, Community Ac- tics of life is personal initiative, cre- Mr. Shriver’s words should guide us each day. tion, Foster Grandparents, Job Corps, Legal ativity, experience, and grace. Mr. Again, Mr. Speaker, I am pleased to join my Services, Indian and Migrant Opportunities Speaker, Sargent Shriver exemplifies colleagues in honoring Mr. Shriver for his dec- and Neighborhood Health Services. the American spirit which represents ades of selfless service to our country and the And, then, from 1968 to 1970, he served as the very best in humanity. His life is a world community. U.S. Ambassador to France, before being

VerDate jul 14 2003 01:28 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\K17NO7.031 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11177 nominated in 1972 to serve as the Vice Presi- The Chair recognizes the gentleman tions of Walter Ehrnfelt, and I urge dential candidate on the Democratic Party’s from Tennessee (Mr. DUNCAN). swift passage of H.R. 3300. ticket with George McGovern. GENERAL LEAVE Mr. KUCINICH. Mr. Speaker, I feel honored Few Americans have given so much to help Mr. DUNCAN. Mr. Speaker, I ask today to support H.R. 3300, a bill to rename so many. Yet, in the twilight of this incredible unanimous consent that all Members the United States Post Office in Strongsville, life, Sarge and Eunice continue to give. may have 5 legislative days within OH in tribute to the city’s distinguished and To call this record of public service exem- which to revise and extend their re- dedicated former mayor and my friend, the plary is a vast understatement. Words cannot marks on H.R. 3300, the bill under con- late Walter F. Ehrnfelt. I would also like to ex- adequately convey the decency and humanity sideration. tend special thanks to my colleague, Con- that has been brought into the lives of millions The SPEAKER pro tempore. Is there gressman LATOURETTE, for helping to bring his worldwide through the work of Sargent Shriv- objection to the request of the gen- legislation to the floor, along with all of the er—international lawyer, ambassador, humani- tleman from Tennessee? Ohio delegation for co-sponsoring this bill. tarian. His life’s work shall live on long after There was no objection. Mayor Ehrnfelt’s impact on the city of this and succeeding generations have passed Mr. DUNCAN. Mr. Speaker, I yield Strongsville will never be forgotten. After grad- the torch of public service to their progeny. myself such time as I may consume. uating from Strongsville High School, he Mr. Speaker, H.R. 3300, introduced by ‘‘Serve, serve, serve,’’ Sarge was know to began what would become a lifetime commit- another of my distinguished colleagues say, ‘‘because in the end it is the servants ment to civic involvement. In 1973, while run- on the Committee on Government Re- who save us all.’’ ning Ehrnfelt Meats, a family business that op- form, the gentleman from Ohio (Mr. Mr. Speaker, today, I honor a great Amer- erates still today, his neighbors convinced him LATOURETTE), designates the postal fa- ican and wish him only the best, and I urge all to run for the Strongsville School Board, lead- cility in Strongsville, Ohio, as the Wal- my colleagues on both sides of the aisle to ing the fight against a campaign to dismiss ter F. Ehrnfelt, Jr. Post Office Build- support this Resolution recognizing Sargent teachers and ban books in the school district. ing. All Members of the Ohio delega- Shriver. He won that race, and in 1978 he was ap- tion have signed on as cosponsors to Mr. DUNCAN. Mr. Speaker, I have no pointed mayor of Strongsville, later winning his further requests for time, and I yield this legislation. Walter Ehrnfelt served as Mayor of first mayoral race in November 1979 by more back the balance of my time. than a 2 to 1 margin. Voters rewarded his ef- The SPEAKER pro tempore. The Strongsville, Ohio, for 25 years, and he fective leadership by re-electing him to six question is on the motion offered by was a civic and social institution in consecutive 4-year terms, the last beginning in the gentleman from Tennessee (Mr. this northern Ohio community outside 2000. DUNCAN) that the House suspend the of Cleveland for even longer than that. As mayor, Walter Ehrnfelt guided rules and agree to the concurrent reso- b 1530 Strongsville through an unprecedented period lution, H. Con. Res. 299. He was reelected six times after first of growth, evolving from a community of The question was taken. The SPEAKER pro tempore. In the being appointed as mayor in 1978. The 22,000 to a thriving suburb of 45,000 resi- opinion of the Chair, two-thirds of town of Strongsville nearly doubled its dents. He served on Governor Taft’s State those present have voted in the affirm- population during Mayor Ehrnfelt’s and Local Government Commission and was ative. tenure. Largely due to the mayor’s ef- president of the Ohio Municipal League. But Mr. DUNCAN. Mr. Speaker, on that I forts over the years, Strongsville most importantly, Mayor Ehrnfelt lived each demand the yeas and nays. boasts a fantastic school system, a pro- day with the people of Strongsville close to his The yeas and nays were ordered. ductive industrial base, and many safe heart, truly living his life for the betterment of The SPEAKER pro tempore. Pursu- and wonderful neighborhoods. others. ant to clause 8 of rule XX and the Mr. Speaker, Mayor Ehrnfelt sadly I’m pleased we have the opportunity to Chair’s prior announcement, further passed away in office after suffering a honor Mayor Ehrnfelt for his service and spirit proceedings on this motion will be heart attack on May 25 of this year. today. The people of Strongsville, the state of postponed. Naming this post office after Mayor Ohio, and everyone who knew him will miss Ehrnfelt in the city he governed and him greatly. f loved would be a small, but very de- Mr. BALLANCE. Mr. Speaker, I yield WALTER F. EHRNFELT, JR. POST served, tribute to his leadership. I urge back the balance of my time. OFFICE BUILDING all Members to support passage of H.R. Mr. DUNCAN. Mr. Speaker, I urge Mr. DUNCAN. Mr. Speaker, I move to 3300. I commend the gentleman from support for this very fitting and proper suspend the rules and pass the bill Ohio (Mr. LATOURETTE) for working to legislation, and I yield back the bal- (H.R. 3300) to designate the facility of honor Mr. Walter Ehrnfelt. ance of my time. the United States Postal Service lo- Mr. Speaker, I reserve the balance of The SPEAKER pro tempore (Mr. cated at 15500 Pearl Road in my time. PETRI). The question is on the motion Strongsville, Ohio, as the ‘‘Walter F. Mr. BALLANCE. Mr. Speaker, I yield offered by the gentleman from Ten- Ehrnfelt, Jr. Post Office Building.’’ myself such time as I may consume. nessee (Mr. DUNCAN) that the House The Clerk read as follows: Mr. Speaker, I am pleased to join my suspend the rules and pass the bill, H.R. 3300 colleagues in support of H.R. 3300, H.R. 3300. Be it enacted by the Senate and House of Rep- sponsored by the gentleman from Ohio The question was taken. resentatives of the United States of America in (Mr. LATOURETTE). The SPEAKER pro tempore. In the Congress assembled, Walter Ehrnfelt, Jr., was first elected opinion of the Chair, two-thirds of SECTION 1. WALTER F. EHRNFELT, JR. POST OF- mayor of Strongsville, Ohio, in 1978. He those present have voted in the affirm- FICE BUILDING. was elected for six 4-year terms until ative. (a) DESIGNATION.—The facility of the his death on May 25, 2003. He was a de- Mr. DUNCAN. Mr. Speaker, on that I United States Postal Service located at 15500 voted family man, public servant, and Pearl Road in Strongsville, Ohio, shall be demand the yeas and nays. businessman. He served the citizens of The yeas and nays were ordered. known and designated as the ‘‘Walter F. Strongsville in many capacities. He Ehrnfelt, Jr. Post Office Building’’. The SPEAKER pro tempore. Pursu- (b) REFERENCES.—Any reference in a law, was a member of the Strongsville ant to clause 8 of rule XX and the map, regulation, document, paper, or other school board, and was later elected Chair’s prior announcement, further record of the United States to the facility re- president of the board and served as proceedings on this motion will be ferred to in subsection (a) shall be deemed to county councilman prior to being postponed. be a reference to the Walter F. Ehrnfelt, Jr. elected mayor. In addition to holding Post Office Building. positions in many civic organizations, f The SPEAKER pro tempore. Pursu- he was an honorary trustee of the ant to the rule, the gentleman from Strongsville Chamber of Commerce and JOHN F. KENNEDY CENTER Tennessee (Mr. DUNCAN) and the gen- a member of the Strongsville United tleman from North Carolina (Mr. Methodist Church. REAUTHORIZATION ACT OF 2003 BALLANCE) each will control 20 min- I am honored to join my colleagues Mr. PORTER. Mr. Speaker, I move to utes. seeking to honor the many contribu- suspend the rules and pass the bill

VerDate jul 14 2003 02:48 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.031 H17PT1 H11178 CONGRESSIONAL RECORD — HOUSE November 17, 2003 (H.R. 3198) to amend the John F. Ken- port periodically on the results of the review nal scope. Oftentimes it is the lack of nedy Center Act to authorize appro- to the Committee on Transportation and In- adequate project management and priations for the John F. Kennedy Cen- frastructure of the House of Representatives oversight that allow this type of ter for the Performing Arts, and for and the Committee on Environment and growth. That was the finding of a GAO Public Works of the Senate. other purposes. ‘‘(2) OBJECTIVES.—In carrying out para- report requested by the Committee on The Clerk read as follows: graph (1), the Comptroller General shall as- Transportation and Infrastructure on H.R. 3198 sess the progress made by the Board in the Kennedy Center’s garage expansion Be it enacted by the Senate and House of Rep- achieving each of the following objectives: project. resentatives of the United States of America in ‘‘(A) Development and implementation of The provision in this bill, including Congress assembled, adequate policies and procedures to guide the creation of a project team, the re- SECTION 1. SHORT TITLE. the planning and management of the quirement of a project director, and en- This Act may be cited as the ‘‘John F. Ken- Project. hanced oversight by the GAO, should ‘‘(B) Receipt of timely construction data nedy Center Reauthorization Act of 2003’’. prevent such problems as the Kennedy SEC. 2. AUTHORIZATIONS OF APPROPRIATIONS. on schedules and costs related to the Project. Center goes forward with the construc- Section 13 of the John F. Kennedy Center tion of a new plaza and two new build- Act (20 U.S.C. 76r) is amended by striking ‘‘(C) Improvement of human capital re- subsections (a) and (b) and inserting the fol- sources and expertise in managing construc- ings. However, this reauthorization lowing: tion of the Project.’’. does not include any money for the ‘‘(a) MAINTENANCE, REPAIR, AND SECU- The SPEAKER pro tempore. Pursu- plaza project. All of the funding au- RITY.—There are authorized to be appro- ant to the rule, the gentleman from thorized in this bill will be used for the priated to the Board to carry out section Nevada (Mr. PORTER) and the gen- existing structure and its sur- 4(a)(1)(H)— tleman from New York (Mr. BISHOP) roundings. By supporting the regular ‘‘(1) $17,000,000 for fiscal year 2004; and each will control 20 minutes. maintenance and upkeep of the Ken- ‘‘(2) $18,000,000 for each of fiscal years 2005 The Chair recognizes the gentleman nedy Center, we will ensure that the and 2006. ‘‘(b) CAPITAL PROJECTS.—There are author- from Nevada (Mr. PORTER). center will continue to be a world-class ized to be appropriated to the Board to carry Mr. PORTER. Mr. Speaker, I yield venue well into the future. I support out subparagraphs (F) and (G) of section myself such time as I may consume. this legislation and urge my colleagues 4(a)(1)— Mr. Speaker, H.R. 3198 reauthorizes to do the same. ‘‘(1) $16,000,000 for fiscal year 2004; and the John F. Kennedy Center for the Mr. Speaker, I reserve the balance of ‘‘(2) $18,000,000 for each of fiscal years 2005 Performing Arts for 3 years, author- my time. and 2006.’’. izing funding for its capital repair and Mr. BISHOP of New York. Mr. Speak- SEC. 3. JOHN F. KENNEDY CENTER PLAZA. maintenance, allows for the GAO re- er, I yield myself such time as I may (a) RESPONSIBILITIES OF THE SECRETARY.— view of ongoing construction projects, consume. Section 12(b) of the John F. Kennedy Center and creates a new mechanism to ensure Mr. Speaker, I am pleased to rise in Act (20 U.S.C. 76q–1(b)) is amended by adding at the end the following: effective project oversight. support of H.R. 3198, a bill to authorize ‘‘(6) PROJECT TEAM.— This bill is the product of a thorough appropriations for the John F. Kennedy ‘‘(A) ESTABLISHMENT.—To further construc- legislative process. The subcommittee Center for the Performing Arts. Almost tion of the Project, the Secretary shall es- held an oversight hearing that included a decade ago, the Committee on Public tablish a Project Team. the GAO and the Kennedy Center, re- Works, recognizing the inefficiency of ‘‘(B) MEMBERSHIP.—The Protect Team viewed their comprehensive building years of divided responsibility for the shall be composed of the following members: plan and capital program, and dis- operations, maintenance, and capital ‘‘(i) The Secretary (or the Secretary’s des- cussed options for improving upon repairs of the Kennedy Center, passed ignee). ‘‘(ii) The Administrator of General Serv- their programs. This process resulted H.R. 3567, which gave the board of ices (or the Administrator’s designee). in the bipartisan legislation we are trustees of the Kennedy Center central- ‘‘(iii) The Chairman of the Board (or the bringing to the floor this afternoon. ized responsibilities for these matters. Chairman’s designee). I would like to recognize and con- In an effort to prevent continued de- ‘‘(iv) Such other individuals as the Sec- gratulate the subcommittee chairman, terioration of this landmark structure retary considers appropriate. the gentleman from Ohio (Mr. and Presidential memorial, the board ‘‘(C) PROJECT DIRECTOR.—The Project Team LATOURETTE), and the ranking mem- asked for and received authority to shall have a Project Director who shall be ber, the gentlewoman from the District maintain and improve the center. appointed by the Secretary, in consultation of Columbia (Ms. NORTON), as well as Former presidents Wolfensohn and with the Administrator of General Services and the Chairman of the Board. The Project full committee chairman, the gen- Wilker, along with the current presi- Director shall report directly to the Project tleman from Alaska (Mr. YOUNG), and dent, Michael Kaiser, continually Team.’’. the ranking member, the gentleman worked to identify and put in place a (b) RESPONSIBILITIES OF THE BOARD.— from Minnesota (Mr. OBERSTAR), for capital improvement program to en- (1) IN GENERAL.—Section 12(c)(1) of such their hard work in developing this leg- hance the building. They believed it Act (20 U.S.C. 76q–1(c)(1)) is amended by in- islation. was of the utmost importance that the serting ‘‘, in consultation with the Project Since its founding, the Kennedy Cen- Kennedy Center management have the Team,’’ after ‘‘The Board’’. ter has become one of the world’s pre- responsible and accountability for the (2) CONSTRUCTION OF BUILDINGS.—Section 12(c)(3) of such Act (20 U.S.C. 76q–1(c)(3)) is mier entertainment venues, featuring building as well as its performing arts amended by inserting ‘‘, in consultation with award-winning theater, opera, and and education activities. the Project Team,’’ after ‘‘The Board’’. symphony performances. The funds we The Committee on Transportation (3) APPROVAL BY PROJECT TEAM.—Section are authorizing today will go solely to- and Infrastructure’s interest then, as it 12(c) of such Act (20 U.S.C. 76q–1(c)) is wards the upkeep and maintenance of is now, focuses on the use of appro- amended by adding at the end the following: the facility, for such repairs as eleva- priated funds for the capital improve- ‘‘(5) APPROVAL BY PROJECT TEAM.—Notwith- tor upgrades, handicap accessibility, ment program and the repair and alter- standing section 5(e), any decision by the enhanced fire and life safety equip- ation of this Presidential memorial. To Board that will significantly affect the scope, cost, schedule, or engineering feasi- ment, and improved security systems. avoid the previous situation of unmet bility of any element of the Project, other These repairs are in line with a com- building needs and delayed repair, the than buildings to be constructed on the prehensive building plan maintained by center is now required to submit a 5- Plaza, shall be subject to the approval of the the Kennedy Center and created at the year capital plan to the committee. Project Team.’’. direction of Congress in 1994. This leg- H.R. 3198 authorizes $53 million over 3 (c) GAO REVIEW.—Section 12 of such Act islation also incorporates several pro- years for routine repair and alteration (20 U.S.C. 76q–1) is amended by adding at the visions that ensure effective project and $52 million for capital projects. end the following: oversight. To address improved management for ‘‘(g) GAO REVIEW.— ‘‘(1) IN GENERAL.—Until completion of the It is no secret that there are Federal the plaza project, the bill authorizes Project, the Comptroller General shall re- construction projects that have gone the Secretary of Transportation, our view the management and oversight of con- beyond their original budget, beyond former colleague, Norman Mineta, to struction of the Project by the Board and re- schedule, and well beyond their origi- establish a project team and appoint a

VerDate jul 14 2003 01:28 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.035 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11179 project director. The president of the A motion to reconsider was laid on DOOLEY) and the gentleman from Cali- Kennedy Center and the administrator the table. fornia (Mr. RADANOVICH), allows the ad- of General Services will serve on the f ministrator of General Services to con- team. The plaza project, when com- vey the B.F. Sisk United States Court- CONVEYANCE TO FRESNO COUNTY, pleted, will change the face of Wash- house located in Fresno, California, to CALIFORNIA, OF EXISTING FED- ington in the West End. It is a monu- Fresno County. This is a worthwhile ERAL COURTHOUSE mental project that will not only en- endeavor, as the GSA is currently con- hance our Nation’s Capital, but also Mr. PORTER. Mr. Speaker, I move to structing a new Federal courthouse in provide safer and easier access to the suspend the rules and pass the bill Fresno, and this legislation will ensure center for patrons, visitors, and tour- (H.R. 1274) to direct the Administrator that the people of Fresno County con- ists. The center, under the leadership of General Services to convey to Fres- tinue to receive a judicial benefit from of Michael Kaiser, is working dili- no County, California, the existing the existing Federal courthouse. gently to address general management Federal courthouse in that county, as This legislation also includes a num- of the facility as well as unmet per- amended. ber of provisions that will help protect sonal needs. I support H.R. 3198 and The Clerk read as follows: the interests of the Federal Govern- urge its passage. H.R. 1274 ment. Among the provisions included Mr. YOUNG of Alaska. Mr. Speaker, I rise Be it enacted by the Senate and House of Rep- in this legislation are the requirement today to offer my strong support for H.R. resentatives of the United States of America in that the courthouse be used for public 3198, ‘‘The John F. Kennedy Center Reau- Congress assembled, purpose for at least 20 years, that the thorization Act of 2003.’’ øSECTION 1. CONVEYANCE TO FRESNO COUNTY, transfer not take place until the new The Kennedy Center serves an important CALIFORNIA. courthouse is completed and occupied, role in our Nation. Not only is it one of the øOn completion of a new Federal court- house in Fresno, California, the Adminis- and the conveyance may also include most active theaters in the world, hosting mil- any additional provisions the adminis- lions of patrons each year to its seven stages, trator of General Services shall convey to Fresno County, California, without consider- trator deems necessary to protect the but is also one of the most recognizable the- ation, the existing Federal courthouse in interests of the government. I support ater buildings. that county.¿ this legislation and urge my colleagues The legislation we are considering this after- SECTION 1. CONVEYANCE OF B.F. SISK FEDERAL to do the same. noon, which I have offered with my colleagues BUILDING AND UNITED STATES Mr. Speaker, I reserve the balance of Mr. OBERSTAR, Mr. LATOURETTE, and Ms. COURTHOUSE, CALIFORNIA. my time. (a) CONVEYANCE AUTHORIZED.—Notwith- HOLMES-NORTON, reauthorizes the Capital In- Mr. BISHOP of New York. Mr. Speak- frastructure program of the Kennedy Center standing any other provision of law, the Admin- istrator of General Services may convey to Fres- er, I yield myself such time as I may for an additional three years. The bill also consume. makes a number of important changes that no County, California, for nominal consider- ation, all right, title, and interest of the United Mr. Speaker, I rise in strong support will improve the management of large con- States in and to the building and site located at of H.R. 1274, as amended, a bill to con- struction projects at the Kennedy Center. 1130 O Street in Fresno, California, known as vey a Federal courthouse in Fresno, This legislation will help ensure that the the B.F. Sisk Federal Building and United California, to the County of Fresno. Kennedy Center continues to have a world States Courthouse. The bill transfers for a nominal fee an class facility to house world class entertain- (b) TIMING OF CONVEYANCE.—The Adminis- obsolete Federal building in Fresno, ment, which includes everything from classical trator may make the conveyance under sub- California, to the County of Fresno. opera to cutting edge films. section (a) only after the completion of con- In addition to authorizing funds for mainte- struction of a new Federal courthouse in Fresno The bill ensures that the transfer docu- nance, repair, and security as well as other County and the relocation of the tenants in the ments contain a reverter clause, as capital projects, this legislation puts into place building referred to in subsection (a) to the new well as a public use clause, both of Federal courthouse. important tools for improved project manage- which protect Federal interests. (c) RESTRICTIONS ON USE.— I would like to thank the chairman ment. (1) IN GENERAL.—The deed for the conveyance of the Subcommittee on Economic De- The legislation creates a project team for under subsection (a) shall include a covenant the plaza project. This team will include the that provides that the property will be used for velopment, Public Buildings and Emer- secretary of transportation, administrator of public use purposes, and specifically provides gency Management, the gentleman general services, and chairman of the board of for substantial use of the property for the ad- from Ohio (Mr. LATOURETTE), and trustees of The Kennedy Center. This team ministration of justice. ranking member, the gentlewoman will be responsible for overseeing all aspects (2) REVERSION.—If the Administrator deter- from the District of Columbia (Ms. mines that the property is not being used for the NORTON), for their work on this legisla- of the plaza project through a project director, purposes described in paragraph (1), all right, who reports to the project team and is ap- tion and for recognizing that outmoded title, and interest in and to the property shall Federal buildings are still viable and pointed by the Secretary of Transportation. revert to the United States, at the option of the The legislation also provides for ongoing re- United States. can continue to serve a public purpose. view by the General Accounting Office of the (3) EXPIRATION.—The reversionary interest of I also commend the gentleman from plaza project until its completion, with periodic the United States in the property under this California (Mr. DOOLEY) for introducing reporting to the Congress. The GAO will be subsection shall expire 20 years after the date of this bill, which is a win/win for all par- looking at the personnel, policies and proce- the conveyance. ties involved. (d) ADDITIONAL TERMS AND CONDITIONS.—The I support H.R. 1274 and urge its pas- dures used to carry out the project. Administrator may require such additional I support The Kennedy Center Reauthoriza- sage. terms and conditions in connection with the Mr. Speaker, I reserve the balance of tion and encourage my colleagues to do the conveyance under subsection (a) as the Admin- same. istrator considers appropriate to protect the in- my time. Mr. BISHOP of New York. Mr. Speak- terests of the United States. Mr. PORTER. Mr. Speaker, I reserve er, I have no further requests for time, (e) APPLICATION OF OTHER LAWS.—This sec- the balance of my time. and I yield back the balance of my tion is not subject to the provisions of the Mr. BISHOP of New York. Mr. Speak- time. McKinney-Vento Homeless Assistance Act (42 er, I yield 2 minutes to the gentleman Mr. PORTER. Mr. Speaker, I have no U.S.C. 11301 et seq.). from California (Mr. DOOLEY). further requests for time, and I yield The SPEAKER pro tempore. Pursu- Mr. DOOLEY of California. Mr. back the balance of my time. ant to the rule, the gentleman from Speaker, I rise in support of H.R. 1274 The SPEAKER pro tempore. The Nevada (Mr. PORTER) and the gen- as introduced by the gentleman from question is on the motion offered by tleman from New York (Mr. BISHOP) California (Mr. RADANOVICH) and me, the gentleman from Nevada (Mr. POR- each will control 20 minutes. and I want to thank the gentleman TER) that the House suspend the rules The Chair recognizes the gentleman from Ohio (Mr. LATOURETTE) and the and pass the bill, H.R. 3198. from Nevada (Mr. PORTER). gentlewoman from the District of Co- The question was taken; and (two- Mr. PORTER. Mr. Speaker, I yield lumbia (Ms. NORTON) for their work in thirds having voted in favor thereof) myself such time as I may consume. advancing this piece of legislation. the rules were suspended and the bill Mr. Speaker, H.R. 1274, introduced by The Eastern District of California is was passed. the gentleman from California (Mr. very pleased that they have decided to

VerDate jul 14 2003 01:28 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.036 H17PT1 H11180 CONGRESSIONAL RECORD — HOUSE November 17, 2003 build a new Federal courthouse in the amended by striking ‘‘fifty-three thousand the gentleman from Nebraska (Mr. city of Fresno. The entire community, acres’’ and inserting ‘‘approximately 53,000 OSBORNE) that the House suspend the as well as the surrounding areas, is acres’’. rules and pass the bill, H.R. 3209. very pleased with this investment into The SPEAKER pro tempore (Mr. The question was taken; and (two- the construction of a new courthouse PETRI). Pursuant to the rule, the gen- thirds having voted in favor thereof) which will serve the needs of the entire tleman from Nebraska (Mr. OSBORNE) the rules were suspended and the bill Eastern District of California. and the gentlewoman from California was passed. This legislation is also very impor- (Mrs. NAPOLITANO) each will control 20 A motion to reconsider was laid on tant in that it will transfer the B.F. minutes. the table. Sisk Building to the County of Fresno, The Chair recognizes the gentleman f with the appropriate stipulations that from Nebraska (Mr. OSBORNE). this legislation embodies, ensuring GENERAL LEAVE AUTHORIZING PARTICIPATION IN that it remains in public use for a con- Mr. OSBORNE. Mr. Speaker, I ask WILLIAMSON COUNTY, TEXAS, siderable period of time. This also unanimous consent that all Members WATER RECYCLING AND REUSE meets the needs of Fresno, it meets the may have 5 legislative days to revise PROJECT needs of public service, and ensures and extend their remarks and include Mr. OSBORNE. Mr. Speaker, I move that the taxpayers’ interests are pro- extraneous material on the bill under to suspend the rules and pass the bill tected. I thank the committee mem- consideration. (H.R. 1732) to amend the Reclamation The SPEAKER pro tempore. Is there bers for advancing this legislation. Wastewater and Groundwater Study objection to the request of the gen- Mr. BISHOP of New York. Mr. Speak- and Facilities Act to authorize the Sec- tleman from Nebraska? er, I yield back the balance of my time. retary of the Interior to participate in Mr. PORTER. Mr. Speaker, I yield There was no objection. Mr. OSBORNE. Mr. Speaker, I yield the Williamson County, Texas, Water back the balance of my time. Recycling and Reuse Project, and for The SPEAKER pro tempore. The myself such time as I may consume. Mr. Speaker, H.R. 3209 is a bill I in- other purposes, as amended. question is on the motion offered by The Clerk read as follows: the gentleman from Nevada (Mr. POR- troduced to clarify the amount of acre- H.R. 1732 TER) that the House suspend the rules age for which the North Loup Division and pass the bill, H.R. 1274, as amend- is authorized under the Missouri River Be it enacted by the Senate and House of Rep- Basin Project. This bill provides for a resentatives of the United States of America in ed. Congress assembled, The question was taken. technical correction by inserting the The SPEAKER pro tempore. In the word ‘‘approximately’’ on the amount SECTION 1. PROJECT AUTHORIZATION. opinion of the Chair, two-thirds of of acreage authorized under the (a) SHORT TITLE.—This section may be cited as the ‘‘Williamson County Water Re- those present have voted in the affirm- project. Under current law, irrigators must cycling Act of 2003’’. ative. (b) IN GENERAL.—The Reclamation Waste- Mr. PORTER. Mr. Speaker, on that I cite the specific amount of irrigated water and Groundwater Study and Facilities demand the yeas and nays. acreage served under the North Loup Act (Title XVI of Public Law 102–575; 43 The yeas and nays were ordered. project. Conflicting Federal and State U.S.C. 390h et seq.) is amended by inserting The SPEAKER pro tempore. Pursu- statutes for reporting irrigable service after section 1635 the following new section: ant to clause 8 of rule XX and the areas, conversion of irrigated ground to ‘‘SEC. 1636. WILLIAMSON COUNTY, TEXAS, WATER Chair’s prior announcement, further right-of-ways, land conservation pro- RECYCLING AND REUSE PROJECT. proceedings on this motion will be grams and habitat easements are caus- ‘‘(a) AUTHORIZATION.—The Secretary, in co- postponed. ing ever-changing and misunderstood operation with the Lower Colorado River Au- adjustments to irrigated acreage. This thority, Texas, is authorized to participate f in the design, planning, and construction of bill allows for more flexibility in deter- GENERAL LEAVE permanent facilities to reclaim and reuse mining the amount of irrigated acre- water in Williamson County, Texas. Mr. PORTER. Mr. Speaker, I ask age. ‘‘(b) COST SHARE.—The Federal share of the unanimous consent that all Members This is not a new concept and would costs of the project described in subsection may have 5 legislative days within bring consistency to the act, as well as (a) shall not exceed 25 percent of the total which to revise and extend their re- to contracts between the irrigation dis- cost. marks and include extraneous material tricts and the United States. I urge my ‘‘(c) LIMITATION.—The Secretary shall not on H.R. 3198 and H.R. 1274, the meas- colleagues to support this non- provide funds for the operation and mainte- ures just considered by the House. controversial bill. nance of the project described in subsection The SPEAKER pro tempore. Is there Mr. Speaker, I reserve the balance of (a).’’. (c) CLERICAL AMENDMENT.—The table of objection to the request of the gen- my time. sections in section 2 of the Reclamation tleman from Nevada? Mrs. NAPOLITANO. Mr. Speaker, I Projects Authorization and Adjustment Act There was no objection. yield myself such time as I may con- of 1992 is amended by inserting after the f sume. item relating to section 1635 the following: (Mrs. NAPOLITANO asked and was b 1545 ‘‘Sec. 1636. Williamson County, Texas, Water given permission to revise and extend Recycling and Reuse Project.’’. CLARIFYING ACREAGE FOR IRRI- her remarks.) The SPEAKER pro tempore. Pursu- Mrs. NAPOLITANO. Mr. Speaker, GATION WATER UNDER MIS- ant to the rule, the gentleman from SOURI RIVER BASIN PROJECT H.R. 3209 would make a minor change Nebraska (Mr. OSBORNE) and the gen- by requiring the North Loup Division Mr. OSBORNE. Mr. Speaker, I move tlewoman from California (Mrs. of the Pick-Sloan Missouri Basin Pro- to suspend the rules and pass the bill NAPOLITANO) each will control 20 min- gram to deliver water to ‘‘approxi- (H.R. 3209) to amend the Reclamation utes. mately’’ 53,000 acres. Existing law, as Project Authorization Act of 1972 to The Chair recognizes the gentleman was explained by my colleague, re- clarify the acreage for which the North from Nebraska (Mr. OSBORNE). quires the project to deliver to exactly Loup division is authorized to provide GENERAL LEAVE irrigation water under the Missouri 53,000 acres. Yet, the project does not annually deliver water to precisely Mr. OSBORNE. Mr. Speaker, I ask River Basin project. unanimous consent that all Members The Clerk read as follows: 53,000 acres. The bill is not controversial. I urge may have 5 legislative days to revise H.R. 3209 Members to support this legislation. and extend their remarks and include Be it enacted by the Senate and House of Rep- Mr. Speaker, I yield back the balance extraneous material on the bill under resentatives of the United States of America in consideration. Congress assembled, of my time. The SPEAKER pro tempore. Is there SECTION 1. CLARIFICATION OF ACREAGE FOR IR- Mr. OSBORNE. Mr. Speaker, I yield RIGATION WATER. back the balance of my time. objection to the request of the gen- Section 501 of the Reclamation Project Au- The SPEAKER pro tempore. The tleman from Nebraska? thorization Act of 1972 (43 U.S.C. 615dddd) is question is on the motion offered by There was no objection.

VerDate jul 14 2003 02:08 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.038 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11181 Mr. OSBORNE. Mr. Speaker, I yield Texas. Unfortunately, current water counties in the country. Water usage myself such time as I may consume. supplies will simply not meet the grow- there is increasing dramatically. Yet Mr. Speaker, H.R. 1732, offered by the ing needs of Williamson County and our water supply is limited. I was very gentleman from Texas (Mr. CARTER) that community. glad to cosponsor this bill with the and the gentleman from Texas (Mr. ED- To meet this need, I introduced H.R. gentleman from Texas (Mr. CARTER) WARDS), authorizes the Secretary of the 1732 to allow the Lower Colorado River and will look forward to working with Interior to participate in the design, Authority, the Brazos River Authority him to try to see that we find the ap- planning and construction of facilities and local communities to work with propriations to fund this important to reclaim and reuse water in the Bureau of Reclamation to design, piece of legislation. Williamson County, Texas. Williamson build and construct permanent facili- Mrs. NAPOLITANO. Mr. Speaker, I County is one of the fastest growing ties to reclaim and reuse water in have no further requests for time, and counties in the State of Texas. The Williamson County. This partnership I yield back the balance of my time. Texas Water Development Board has will be an essential part of the county’s Mr. OSBORNE. Mr. Speaker, I yield concluded that existing water wells are water planning efforts. back the balance of my time. being overdrawn, and surface water In short, this legislation will ensure The SPEAKER pro tempore. The supplies are not meeting current drink- current and future sources of drinking question is on the motion offered by ing water demands. This bill will allow water are made available for the resi- the gentleman from Nebraska (Mr. the communities to stretch potable dents of Williamson County. I am ex- OSBORNE) that the House suspend the water resources by replacing drinking cited about this partnership and be- rules and pass the bill, H.R. 1732, as water with recycled water on parks, lieve it is a great example of Federal amended. golf courses and school grounds. and local agencies working together to The question was taken; and (two- This bill is a commonsense solution make a positive difference. thirds having voted in favor thereof) for communities that want to safe- Mr. Speaker, I would like to thank the rules were suspended and the bill, guard drinking water supplies for fu- the gentleman from California (Mr. as amended, was passed. ture generations. I urge my colleagues POMBO), the gentleman from California A motion to reconsider was laid on to support this bipartisan bill. (Mr. CALVERT) and their staffs for their the table. Mr. Speaker, I reserve the balance of efforts in having this legislation f my time. brought to the floor in a timely man- Mrs. NAPOLITANO. Mr. Speaker, I ner. I would also like to thank the gen- CORRECTING TECHNICAL ERROR yield myself such time as I may con- tleman from Texas (Mr. EDWARDS), my FROM UNIT OF JOHN H. CHAFEE sume. neighbor to the north, for joining me in COASTAL BARRIER RESOURCES (Mrs. NAPOLITANO asked and was this effort. I urge my colleagues to sup- SYSTEM given permission to revise and extend port this legislation. Mr. OSBORNE. Mr. Speaker, I move her remarks.) Mrs. NAPOLITANO. Mr. Speaker, I to suspend the rules and pass the Sen- Mrs. NAPOLITANO. Mr. Speaker, I yield myself such time as I may con- ate bill (S. 1066) to correct a technical rise in support of H.R. 1732. This bill sume. error from Unit T–07 of the John H. provides the Secretary of the Interior I am very happy to hear the remarks Chafee Coastal Barrier Resources Sys- with authority to help finance a water of my colleagues. Water reuse, water tem. recycling project to serve residents of recycling has been a very, very critical The Clerk read as follows: Williamson County, Texas. As my col- project and favorite subject of mine. S. 1066 leagues know, these water recycling Having been born and raised in Browns- Be it enacted by the Senate and House of Rep- projects are becoming not only increas- ville, Texas, I understand a lot of the resentatives of the United States of America in ingly popular but necessary with com- Texas issues with the drought along Congress assembled, munities who need reliable and cost-ef- the border that is creating havoc with SECTION 1. REPLACEMENT OF JOHN H. CHAFEE fective ways to firm up their commu- farming and the economy thereof. I COASTAL BARRIER RESOURCES SYS- nity clean water supplies. It is unfortu- hope that we can continue to address TEM MAP. nate, however, that this administra- and include funding to be able to ex- (a) IN GENERAL.—The map described in sub- section (b) is replaced by the map entitled tion refuses to understand and fund the pand not only to those areas that are ‘‘John H. Chafee Coastal Barrier Resources potential of these projects. We will in critical need but also those areas System Matagorda Peninsula Unit T07/T07P’’ continue to press the administration to that can be used. and dated July 12, 2002. support these projects. We have no new water in this world. (b) DESCRIPTION OF REPLACED MAP.—The H.R. 1732 is not controversial. I urge It is all the same water that Mother map referred to in subsection (a) is the map support for this bill. Earth is recycling for us and we are relating to the John H. Chafee Coastal Bar- Mr. Speaker, I reserve the balance of helping recycle. We just trust that we rier System unit designated as Coastal Bar- my time. can convince the administration of its rier Resources System Matagorda Peninsula Mr. OSBORNE. Mr. Speaker, I yield need and begin doing it before we face Unit T07/T07P that is subtitled ‘‘T07/T07P’’ and included in the set of maps entitled such time as he may consume to the very critical needs. ‘‘Coastal Barrier Resources System’’ and re- gentleman from Texas (Mr. CARTER). Mr. Speaker, I yield such time as he ferred to in section 4(a) of the Coastal Bar- Mr. CARTER. I thank the gentleman may consume to the gentleman from rier Resources Act (16 U.S.C. 3503(a)). for yielding me this time. Texas (Mr. EDWARDS), the coauthor of (c) AVAILABILITY.—The Secretary of the In- Mr. Speaker, I rise to strongly sup- this bill. terior shall keep the replacement map re- port H.R. 1732 which authorizes the Mr. EDWARDS. Mr. Speaker, I would ferred to in subsection (a) on file and avail- Secretary of the Interior to participate first like to thank the gentlewoman able for inspection in accordance with sec- in the Williamson County, Texas, from California for her leadership in tion 4(b) of the Coastal Barrier Resources Act (16 U.S.C. 3503(b)). water recycling and reuse project. I am this very, very important area. I also proud to represent Williamson County, want to congratulate my colleague and The SPEAKER pro tempore. Pursu- or most of it, and I have been living neighbor in Williamson County (Mr. ant to the rule, the gentleman from there for over 30 years. During this CARTER) for offering this important Nebraska (Mr. OSBORNE) and the gen- time, I have witnessed Williamson piece of legislation. Just as oil and gas tlewoman from California (Mrs. County become one of the fastest grow- was the economic engine for Texas in NAPOLITANO) each will control 20 min- ing communities in the entire Nation the 20th century, the availability of utes. and it has been consistently the fastest water will be the economic engine to The Chair recognizes the gentleman growing county for over a decade. I Texas in the future in the 21st century. from Nebraska (Mr. OSBORNE). have observed the needs of this county As someone who represents part of GENERAL LEAVE because it has a limited supply of Williamson County, the gentleman Mr. OSBORNE. Mr. Speaker, I ask water. Today some would say that from Texas (Mr. CARTER) represents unanimous consent that all Members water has replaced oil as the com- about 80 percent of that county, it is may have 5 legislative days to revise modity most important to the future of one of the largest, fastest-growing and extend their remarks and include

VerDate jul 14 2003 02:08 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.043 H17PT1 H11182 CONGRESSIONAL RECORD — HOUSE November 17, 2003 extraneous material on the bill under sources Act, Members should not op- (1) may convey to the Carpinteria Valley consideration. pose this legislation, and I recommend Water District, located in Santa Barbara The SPEAKER pro tempore. Is there they vote for it. County, California, all right, title, and inter- objection to the request of the gen- Mr. PAUL. Mr. Speaker, I am pleased to est of the United States in and to the support S. 1066, the Senate version of my Carpinteria Distribution System of the tleman from Nebraska? Cachuma Project, California, consistent with There was no objection. H.R. 154, which I introduced on the first day the terms and conditions set forth in the Mr. OSBORNE. Mr. Speaker, I yield of the 108th Congress. This legislation fixes a agreement entitled ‘‘Agreement Between the myself such time as I may consume. mistake in the official Fish and Wildlife Serv- United States and the Carpinteria Valley Mr. Speaker, S. 1066 introduced by ices’ maps by removing a 19-acre area known Water District to Transfer Title to the Fed- Senator KAY BAILEY HUTCHISON will re- as Matagorda Dunes, in Matagorda County, erally Owned Distribution System to the move 19 acres of private property that Texas, from the John H. Chafee Coastal Bar- Carpinteria Valley Water District’’ (Agree- has been mistakenly included within rier Resources Act (COBRA). This change is ment No. 00–XC–20–0364); and the Coastal Barrier Resources System. fully supported by the Fish and Wildlife Serv- (2) may convey to the Montecito Water District, located in Santa Barbara County, An identical bill, H.R. 154, has been ice. In fact, a Fish and Wildlife Service created California, all right, title, and interest of the proposed by the gentleman from Texas map, dated July 12, 2002, acknowledges the United States in and to the Montecito Water (Mr. PAUL). I compliment him for his error. Distribution System of the Cachuma leadership on behalf of this measure. This change will ensure property owners Project, California, consistent with the Specifically, the Matagorda dunes who had already begun developing this area terms and conditions set forth in the agree- subdivision in Matagorda, Texas, was are able to obtain insurance. Congress never ment entitled ‘‘Agreement Between the placed into the system despite the fact intended to deny these landowners access to United States and the Montecito Water Dis- that a full complement of infrastruc- insurance. Matagorda Dunes was included in trict to Transfer Title to the Federally COBRA as a result of a drafting error when Owned Distribution System to the Montecito ture, including roads and electricity, Water District’’ (Agreement No. 01–XC–20– existed prior to 1977 and that it exceed- the COBRA maps were revised in the early 0365). ed the number of structures per acre eighties. Unless this mistake is fixed, the re- (b) LIABILITY.—Effective upon the date of rule that is required for inclusion sult could be catastrophic for these property conveyance of a distribution system under under the act. owners who invested in developing Matagorda this section, the United States shall not be For more than 20 years, these home- Dunes under the belief that the land was ex- held liable by any court for damages of any owners were told they were not within cluded from COBRA. A failure to fix this mis- kind arising out of any act, omission, or oc- currence relating to the distribution system, the system and therefore eligible for take could also be quite costly to the Amer- except for damages caused by acts of neg- both Federal flood insurance and State ican taxpayers. ligence committed by the United States or wind insurance. These policies have Fixing this mistake is also quite important to by its employees or agents prior to the date now been canceled, and it is essential the people of Matagorda County, which is why of conveyance. Nothing in this section in- that this mistake be corrected so that a county official traveled to Washington to tes- creases the liability of the United States be- their property can be protected from tify at a hearing on this bill in September. In yond that provided in chapter 171 of title 28, conclusion, I thank Chairman POMBO and my United States Code (popularly known as the any future flooding problems. It is dif- Federal Tort Claims Act) on the date of the ficult, if not impossible, to sell coastal colleague from Texas, Senator HUTCHISON, for enactment of this Act. property or obtain a home mortgage their work on this issue and I urge my col- (c) BENEFITS.—After conveyance of a water without access to Federal flood insur- leagues to support this important bill. distribution system to the Carpinteria Val- ance. Mr. Speaker, I yield back the balance ley Water District or the Montecito Water During the hearing before the Com- of my time. District under this section— mittee on Resources on this legisla- Mr. OSBORNE. Mr. Speaker, I yield (1) such water distribution system shall not be considered to be a part of a Federal tion, the administration expressed back the balance of my time. The SPEAKER pro tempore. The reclamation project; and strong support and a local county (2) such water district shall not be eligible judge testified, ‘‘A mistake was made question is on the motion offered by the gentleman from Nebraska (Mr. to receive any benefits with respect to any 21 years ago that placed this little sub- facility comprising that distribution system, division in CBRA. It does not matter OSBORNE) that the House suspend the except benefits that would be available to a who made the mistake, but now since rules and pass the Senate bill, S. 1066. similarly situated person with respect to The question was taken; and (two- the mistake has come to light, please such a facility that is not part of a Federal thirds having voted in favor thereof) help us fix it.’’ reclamation project. the rules were suspended and the Sen- Finally, the House version of this bill The SPEAKER pro tempore. Pursu- ate bill was passed. was unanimously approved by the Com- ant to the rule, the gentleman from A motion to reconsider was laid on mittee on Resources. I urge my col- Nebraska (Mr. OSBORNE) and the gen- the table. leagues to support Senate 1066. I again tlewoman from California (Mrs. compliment the gentleman from Texas f NAPOLITANO) each will control 20 min- (Mr. PAUL) for representing his con- CARPINTERIA AND MONTECITO utes. stituents in such an effective way. WATER DISTRIBUTION SYSTEMS The Chair recognizes the gentleman Mr. Speaker, I reserve the balance of CONVEYANCE ACT OF 2003 from Nebraska (Mr. OSBORNE). GENERAL LEAVE my time. Mr. OSBORNE. Mr. Speaker, I move Mrs. NAPOLITANO. Mr. Speaker, I Mr. OSBORNE. Mr. Speaker, I ask to suspend the rules and pass the bill unanimous consent that all Members yield myself such time as I may con- (H.R. 1648) to authorize the Secretary sume. may have 5 legislative days to revise of the Interior to convey certain water and extend their remarks and include (Mrs. NAPOLITANO asked and was distribution systems of the Cachuma given permission to revise and extend extraneous material on the bill under Project, California, to the Carpinteria consideration. her remarks.) Valley Water District and the Mrs. NAPOLITANO. Mr. Speaker, S. The SPEAKER pro tempore. Is there Montecito Water District. objection to the request of the gen- 1066 is a noncontroversial piece of leg- The Clerk read as follows: islation that is identical to companion tleman from Nebraska? H.R. 1648 There was no objection. legislation, H.R. 154, passed and re- Be it enacted by the Senate and House of Rep- ported by the Committee on Resources resentatives of the United States of America in b 1600 earlier this year as was just addressed Congress assembled, Mr. OSBORNE. Mr. Speaker, I yield by my colleague. SECTION 1. SHORT TITLE. myself such time as I may consume. By all evidence this technical correc- This Act may be cited as the ‘‘Carpinteria This bill authorizes the Secretary of tion appears to be genuine and needed and Montecito Water Distribution Systems the Interior to transfer specific water to fix a legitimate error in the maps Conveyance Act of 2003’’. distribution systems of the Cachuma depicting the Matagorda subdivision in SEC. 2. CONVEYANCE OF WATER DISTRIBUTION Project of the Carpinteria Valley SYSTEMS OF THE CACHUMA Unit T–07. For this reason and because PROJECT, CALIFORNIA. Water District and the Montecito this legislation would not undermine (a) IN GENERAL.—The Secretary of the In- Water District in Santa Barbara Coun- the policies of the Coastal Barrier Re- terior— ty, California.

VerDate jul 14 2003 02:08 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.045 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11183 While this transfer would only apply The Districts have worked through all require- of American soldiers in Mosul where to land and facilities and would not af- ments of the Bureau of Reclamation’s title they are working to stabilize Iraq. fect the repayment obligations of the transfer process including public meetings, ful- Their work in Iraq is absolutely as- Federal Government, it will help sim- fillment of their repayment obligations, comple- tounding. What they have accom- plify the operation and maintenance of tion of an environmental assessment, which plished is astounding, and it is a testa- the districts’ water delivery systems resulted in a finding of no significant impact ment to their training, to their dedica- and eliminate unnecessary paperwork. (FONSI), and compliance with all other appli- tion, and to their love of liberty. Both districts have worked through all cable laws. The only step remaining to com- For the past 2 weeks the activity has Federal requirements and need only to plete the process is an act of Congress ena- absolutely broken our hearts. We have complete the process with an act of bling the Secretary of the Interior to transfer lost some of our Nation’s finest, and Congress. title. Fort Campbell has lost some loved Transfers such as those included in The proposed transfer would apply only to ones. And to the family, the friends, this bill help shrink the size and budg- lands and facilities associated with these facili- and their colleagues, we offer our et of Federal Government and help our ties and would not affect the Districts’ existing thoughts and our prayers. And we want communities manage our water re- water service contract with the Santa Barbara them to know that America is grateful sources in a more efficient manner. I County Water Agency nor the Federal govern- not only for their service but certainly urge my colleagues to support this con- ment receipts from water deliveries under the grateful for their sacrifice. sensus bill. contract. In addition, the proposed transfer Throughout the history of the 101st, Mr. Speaker, I reserve the balance of does not envision any new physical modifica- this country has relied on these brave my time. tion or expansion of the service infrastructure. soldiers, these brave defenders of free- Mrs. NAPOLITANO. Mr. Speaker, I Mr. Speaker, the proposed transfer of own- dom, to keep us free; and today is no yield myself such time as I may con- ership would include the following facilities: different. We ask that God bless Amer- sume. Carpinteria: The distribution system con- ica, that He bless our Fort Campbell (Mrs. NAPOLITANO asked and was sisting of 36 miles of pipeline and laterals; families and our fallen heroes. given permission to revise and extend Gobernador Reservoir; Shephard Mesa Tank; f her remarks.) Lateral 10L, Carpinteria and Shephard Mesa Mrs. NAPOLITANO. Mr. Speaker, pumping plants; several pressure regulating RECESS H.R. 1648 simply authorizes the trans- vaults located throughout the system; fences The SPEAKER pro tempore. Pursu- and structures; and rights-of-way, ease- fer of certain features of the Bureau of ant to clause 12(a) of rule I, the Chair Reclamation’s Cachuma Project near ments, leases and other property permitting access to the Federal system. declares the House in recess until ap- Santa Barbara, California, to the local Montecito: 9.5 miles of pipelines and proximately 6:30 p.m. water districts. Allowing the local dis- laterals; the Asegra Pumping Plant (a de- Accordingly (at 4 o’clock and 4 min- tricts to take over parts of the project activated pumping plant connected to a por- utes p.m.), the House stood in recess will help simplify the operation and tion of lateral 3 located on Asegra Road); Or- until approximately 6:30 p.m. maintenance of the districts’ water dis- tega Ridge Pumping plant located on Ortega f tribution systems. I would like very Ridge Road; pressure regulating vaults, much to commend the gentlewoman fences and structures appurtenant to the dis- b 1900 tribution system; and rights-of-way, ease- from California (Mrs. CAPPS), my ments, leases, and other property permitting AFTER RECESS Democratic colleague and sponsor of access to the Federal system. this bill, who is unable to be on the The recess having expired, the House floor at this moment, for her efforts to Again, I would like to thank the Committee was called to order by the Speaker pro get this very important bill passed. on Resources for supporting this bill, and urge tempore (Mr. DUNCAN) at 7 p.m. Mr. Speaker, H.R. 1648 is not con- its immediate passage. f troversial, and I urge my colleagues to Mrs. NAPOLITANO. Mr. Speaker, I ANNOUNCEMENT BY THE SPEAKER support this bill. yield back the balance of my time. PRO TEMPORE Mrs. CAPPS. Mr. Speaker, I rise in strong Mr. OSBORNE. Mr. Speaker, I com- support of H.R. 1648, the Carpinteria and mend the gentlewoman from California The SPEAKER pro tempore. Pursu- Montecito Water Distribution Systems Convey- for her assistance through this process. ant to clause 8 of rule XX, proceedings ance Act of 2003—a bill I introduced that I have no further requests for time, will resume on motions to suspend the would authorize the title transfer of federally and I yield back the balance of my rules previously postponed. owned water distribution systems in my con- time. Votes will be taken in the following gressional district. The SPEAKER pro tempore (Mr. order: I want to commend my colleagues from CULBERSON). The question is on the mo- S.J. Res. 22, by the yeas and nays; California, the chairman of the Resources tion offered by the gentleman from Ne- S.J. Res. 18, by the yeas and nays; Committee, Mr. POMBO, the chairman and braska (Mr. OSBORNE) that the House H. Con. Res. 299, by the yeas and ranking member of the Subcommittee on suspend the rules and pass the bill, nays. Water and Power, Mr. CALVERT and Mrs. H.R. 1648. The first electronic vote will be con- NAPOLITANO, as well as the ranking member of The question was taken; and (two- ducted as a 15-minute vote. The re- the full Committee, Mr. RAHALL for expediting thirds having voted in favor thereof) maining votes in this series will be the consideration of this legislation in their re- the rules were suspended and the bill conducted as 5-minute votes. was passed. spective committees and for bringing H.R. f 1648 before us today. A motion to reconsider was laid on RECOGNIZING AGRICULTURAL RE- This legislation will authorize the title trans- the table. SEARCH SERVICE FOR 50 YEARS fer of two federally owned water distribution f OF OUTSTANDING SERVICE systems from the Bureau of Reclamation to HONORING THE 101ST AIRBORNE the Carpinteria Valley Water District and The SPEAKER pro tempore. The AT FORT CAMPBELL Montecito Water District, as requested by the pending business is the question of sus- two Santa Barbara area Districts. (Mrs. BLACKBURN asked and was pending the rules and pass the Senate The purpose of the legislation is to simplify given permission to address the House joint resolution, S.J. Res. 22. the operation and maintenance of the Districts’ for 1 minute and to revise and extend The Clerk read the title of the Senate water distribution systems and eliminate un- her remarks.) joint resolution. necessary paperwork and consultation be- Mrs. BLACKBURN. Mr. Speaker, The SPEAKER pro tempore. The tween the Districts and the Bureau of Rec- today I rise to talk a little bit about question is on the motion offered by lamation. the 101st Airborne at Fort Campbell, the gentleman from Minnesota (Mr. The Carpinteria Valley Water District and which is in Clarksville, Tennessee, and GUTKNECHT) that the House suspend Montecito Water District, which have operated in my district. And I have visited with the rules and pass the Senate joint res- and maintained the facilities proposed for General Petreaus, commander of the olution, S.J. Res. 22, on which the yeas transfer since 1956 and 1995, respectively. 101st, and members of this elite group and nays are ordered.

VerDate jul 14 2003 02:08 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.048 H17PT1 H11184 CONGRESSIONAL RECORD — HOUSE November 17, 2003 The vote was taken by electronic de- Shuster Tauscher Vitter the gentleman from Tennessee (Mr. Simpson Tauzin Walden (OR) vice, and there were—yeas 332, nays 0, Skelton Taylor (MS) Walsh DUNCAN) that the House suspend the not voting 102, as follows: Slaughter Terry Wamp rules and pass the Senate joint resolu- Smith (MI) Thomas Watson [Roll No. 620] tion, S.J. Res. 18, on which the yeas Smith (NJ) Thompson (CA) Watt and nays are ordered. YEAS—332 Smith (TX) Thompson (MS) Waxman Smith (WA) Thornberry Weldon (FL) This will be a 5-minute vote. Abercrombie Feeney Markey Snyder Tiahrt Weldon (PA) The vote was taken by electronic de- Alexander Ferguson Marshall Solis Tiberi Weller Andrews Filner Matheson Souder Toomey Whitfield vice, and there were—yeas 326, nays 3, Baca Flake McCarthy (MO) Spratt Towns Wicker not voting 105, as follows: Baird Foley McCarthy (NY) Stark Turner (OH) Wilson (NM) Baker Ford McCotter Stearns Turner (TX) Wilson (SC) [Roll No. 621] Ballance Fossella McCrery Stenholm Udall (CO) Wolf YEAS—326 Ballenger Franks (AZ) McDermott Strickland Udall (NM) Woolsey Barrett (SC) Frelinghuysen McHugh Stupak Upton Wu Abercrombie English LaTourette Bartlett (MD) Frost McInnis Sullivan Van Hollen Young (AK) Alexander Eshoo Leach Barton (TX) Gallegly McIntyre Tancredo Visclosky Young (FL) Andrews Etheridge Lee Bass Garrett (NJ) McKeon Baca Evans Levin Bell Gerlach McNulty NOT VOTING—102 Baird Everett Lewis (CA) Berkley Baker Gillmor Meehan Ackerman Forbes Miller, George Farr Lewis (GA) Berry Ballance Gingrey Meeks (NY) Aderholt Frank (MA) Mollohan Fattah Lewis (KY) Biggert Ballenger Goode Mica Akin Gephardt Murtha Feeney Linder Bilirakis Barrett (SC) Goodlatte Michaud Allen Gibbons Myrick Ferguson LoBiondo Bishop (GA) Bartlett (MD) Gordon Millender- Bachus Gilchrest Neal (MA) Filner Lofgren Bishop (NY) Barton (TX) Goss McDonald Baldwin Gonzalez Nussle Flake Lucas (KY) Bishop (UT) Bass Granger Miller (FL) Beauprez Gutierrez Ortiz Foley Lynch Blackburn Bell Graves Miller (NC) Becerra Harris Oxley Ford Maloney Boehlert Berkley Green (TX) Miller, Gary Bereuter Hart Pelosi Fossella Manzullo Boehner Berry Green (WI) Moore Berman Herger Peterson (PA) Franks (AZ) Markey Boozman Biggert Greenwood Moran (KS) Blumenauer Hobson Pitts Frelinghuysen Marshall Boswell Bilirakis Grijalva Moran (VA) Blunt Hoyer Pombo Frost Matheson Boucher Bishop (GA) Gutknecht Murphy Bonilla Hulshof Quinn Gallegly McCarthy (MO) Bradley (NH) Bishop (NY) Hall Musgrave Bonner Hunter Radanovich Garrett (NJ) McCarthy (NY) Brady (PA) Bishop (UT) Harman Nadler Bono Isakson Rangel Gerlach McCotter Brady (TX) Blackburn Hastings (FL) Napolitano Boyd Issa Reyes Gillmor McCrery Brown (OH) Boehlert Hastings (WA) Nethercutt Brown-Waite, Istook Reynolds Gingrey McDermott Brown (SC) Boehner Hayes Neugebauer Ginny Jackson-Lee Rogers (AL) Goode McHugh Brown, Corrine Boozman Hayworth Ney Burr (TX) Ryun (KS) Goodlatte McInnis Burgess Boswell Hefley Northup Calvert Janklow Sanchez, Linda Gordon McIntyre Burns Boucher Hensarling Norwood Capuano Jenkins T. Goss McKeon Burton (IN) Bradley (NH) Hill Nunes Carson (IN) Kaptur Sanders Granger McNulty Buyer Brady (PA) Hinchey Oberstar Carson (OK) Kind Schakowsky Graves Meehan Camp Brady (TX) Hinojosa Obey Clyburn King (IA) Serrano Green (TX) Meeks (NY) Cannon Brown (OH) Hoeffel Olver Cole Kucinich Sessions Green (WI) Mica Cantor Brown (SC) Hoekstra Osborne Collins Lampson Simmons Greenwood Michaud Capito Brown, Corrine Holden Ose Davis (IL) Lipinski Sweeney Grijalva Millender- Capps Burgess Holt Otter DeLay Lucas (OK) Tanner Gutknecht McDonald Cardin Burns Honda Owens DeMint Majette Taylor (NC) Hall Miller (NC) Cardoza Burton (IN) Hooley (OR) Pallone Doolittle Matsui Tierney Harman Miller, Gary Carter Buyer Hostettler Pascrell Doyle McCollum Velazquez Hastings (FL) Moore Case Camp Houghton Pastor Dreier McGovern Waters Hastings (WA) Moran (KS) Castle Cannon Hyde Paul Dunn Meek (FL) Weiner Hayes Moran (VA) Chabot Cantor Inslee Payne Emanuel Menendez Wexler Hayworth Murphy Chocola Capito Israel Pearce Fletcher Miller (MI) Wynn Hefley Musgrave Clay Jackson (IL) Pence Capps Hensarling Nadler Coble Jefferson Peterson (MN) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cardin Hill Napolitano Conyers John Petri Cardoza Hinchey Nethercutt Cooper Johnson (CT) Pickering The SPEAKER pro tempore (Mr. Carter Hinojosa Neugebauer Costello Johnson (IL) Platts DUNCAN) (during the vote). There are 2 Case Hoeffel Ney Cox Johnson, E. B. Pomeroy minutes remaining in this vote. Castle Hoekstra Northup Cramer Johnson, Sam Porter Chabot Holden Norwood Crane Jones (NC) Portman b 1922 Clay Holt Nunes Crenshaw Jones (OH) Price (NC) Coble Honda Oberstar Crowley Kanjorski Pryce (OH) So (two-thirds having voted in favor Conyers Hooley (OR) Obey Cubin Keller Putnam thereof) the rules were suspended and Cooper Hostettler Olver Culberson Kelly Rahall the Senate joint resolution was passed. Costello Houghton Osborne Cummings Kennedy (MN) Ramstad The result of the vote was announced Cox Hyde Ose Cunningham Kennedy (RI) Regula Cramer Inslee Otter Davis (AL) Kildee Rehberg as above recorded. Crane Israel Owens Davis (CA) Kilpatrick Renzi A motion to reconsider was laid on Crenshaw Jackson (IL) Pallone Davis (FL) King (NY) Rodriguez the table. Crowley Janklow Pascrell Davis (TN) Kingston Rogers (KY) Cubin Jefferson Pastor Davis, Jo Ann Kirk Rogers (MI) f Culberson John Paul Davis, Tom Kleczka Rohrabacher Cummings Johnson (CT) Payne Deal (GA) Kline Ros-Lehtinen ANNOUNCEMENT BY THE SPEAKER Cunningham Johnson (IL) Pearce DeFazio Knollenberg Ross PRO TEMPORE Davis (AL) Johnson, E. B. Pence DeGette Kolbe Rothman Davis (CA) Johnson, Sam Peterson (MN) Delahunt LaHood Roybal-Allard The SPEAKER pro tempore. Pursu- Davis (FL) Jones (NC) Petri DeLauro Langevin Royce ant to clause 8 of rule XX, the remain- Davis (TN) Jones (OH) Pickering Deutsch Lantos Ruppersberger der of votes in this series will be con- Davis, Jo Ann Kanjorski Platts Diaz-Balart, L. Larsen (WA) Rush ducted as 5-minute votes. Davis, Tom Keller Pomeroy Diaz-Balart, M. Larson (CT) Ryan (OH) Deal (GA) Kelly Porter Dicks Latham Ryan (WI) f DeFazio Kennedy (MN) Portman Dingell LaTourette Sabo DeGette Kennedy (RI) Price (NC) Doggett Leach Sanchez, Loretta COMMENDING INSPECTORS GEN- Delahunt Kildee Pryce (OH) Dooley (CA) Lee Sandlin ERAL FOR EFFORTS DURING DeLauro Kilpatrick Putnam Duncan Levin Saxton PAST 25 YEARS Deutsch King (NY) Rahall Edwards Lewis (CA) Schiff Diaz-Balart, L. Kingston Ramstad Ehlers Lewis (GA) Schrock The SPEAKER pro tempore. The Diaz-Balart, M. Kirk Regula Emerson Lewis (KY) Scott (GA) pending business is the question of sus- Dicks Kleczka Rehberg Engel Linder Scott (VA) Dingell Kline Renzi English LoBiondo Sensenbrenner pending the rules and passing the Sen- Doggett Knollenberg Rodriguez Eshoo Lofgren Shadegg ate joint resolution, S.J. Res. 18. Dooley (CA) LaHood Rogers (KY) Etheridge Lowey Shaw The Clerk read the title of the Senate Duncan Langevin Rogers (MI) Evans Lucas (KY) Shays joint resolution. Edwards Lantos Rohrabacher Everett Lynch Sherman Ehlers Larsen (WA) Ros-Lehtinen Farr Maloney Sherwood The SPEAKER pro tempore. The Emerson Larson (CT) Ross Fattah Manzullo Shimkus question is on the motion offered by Engel Latham Rothman

VerDate jul 14 2003 02:08 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.052 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11185 Roybal-Allard Smith (MI) Turner (OH) The Clerk read the title of the con- Pryce (OH) Shays Tiahrt Royce Smith (NJ) Turner (TX) current resolution. Putnam Sherman Tiberi Ruppersberger Smith (TX) Udall (CO) Rahall Sherwood Toomey Rush Smith (WA) Udall (NM) The SPEAKER pro tempore. The Ramstad Shimkus Towns Ryan (OH) Snyder Upton question is on the motion offered by Regula Shuster Turner (OH) Ryan (WI) Solis Van Hollen the gentleman from Tennessee (Mr. Rehberg Simpson Turner (TX) Sabo Spratt Visclosky Renzi Skelton Udall (CO) UNCAN Sanchez, Loretta Stark Vitter D ) that the House suspend the Rodriguez Slaughter Udall (NM) Sandlin Stearns Walden (OR) rules and agree to the concurrent reso- Rogers (KY) Smith (MI) Upton Saxton Strickland Wamp lution, H. Con. Res. 299, on which the Rogers (MI) Smith (NJ) Van Hollen Schiff Stupak Watson Rohrabacher Smith (TX) Visclosky Schrock Sullivan Watt yeas and nays are ordered. Ros-Lehtinen Smith (WA) Vitter Scott (GA) Tancredo Waxman Ross Snyder This will be a 5-minute vote. Walden (OR) Scott (VA) Tauscher Weldon (FL) Rothman Solis Walsh Sensenbrenner Tauzin Weldon (PA) The vote was taken by electronic de- Roybal-Allard Souder Shadegg Taylor (MS) Weller vice, and there were—yeas 325, nays 3, Ruppersberger Spratt Wamp Shaw Terry Whitfield not voting 106, as follows: Rush Stark Watson Shays Thomas Wicker Ryan (OH) Stearns Watt Sherman Thompson (CA) Wilson (NM) [Roll No. 622] Ryan (WI) Strickland Waxman Weldon (FL) Sherwood Thompson (MS) Wilson (SC) YEAS—325 Sabo Stupak Shimkus Thornberry Wolf Sanchez, Loretta Sullivan Weldon (PA) Shuster Tiahrt Woolsey Abercrombie Dooley (CA) Kleczka Sandlin Tancredo Weller Simpson Tiberi Wu Alexander Duncan Kline Saxton Tauscher Whitfield Skelton Toomey Young (AK) Andrews Edwards Knollenberg Schiff Tauzin Wicker Slaughter Towns Young (FL) Baca Ehlers Kolbe Schrock Taylor (MS) Wilson (NM) Baird Emerson LaHood Scott (GA) Terry Wilson (SC) NAYS—3 Baker Engel Langevin Scott (VA) Thomas Wolf Chocola Miller (FL) Souder Ballance English Lantos Sensenbrenner Thompson (CA) Woolsey Ballenger Eshoo Larsen (WA) Shadegg Thompson (MS) Wu NOT VOTING—105 Barrett (SC) Etheridge Larson (CT) Shaw Thornberry Young (AK) Ackerman Frank (MA) Mollohan Bartlett (MD) Evans Latham Aderholt Gephardt Murtha Barton (TX) Everett LaTourette NAYS—3 Akin Gibbons Myrick Bass Farr Leach Hefley Johnson, Sam Paul Allen Gilchrest Neal (MA) Bell Fattah Lee Bachus Gonzalez Nussle Berkley Feeney Levin NOT VOTING—106 Berry Ferguson Lewis (CA) Baldwin Gutierrez Ortiz Ackerman Gephardt Neal (MA) Biggert Filner Lewis (GA) Beauprez Harris Oxley Aderholt Gibbons Bilirakis Flake Lewis (KY) Nussle Becerra Hart Pelosi Akin Gilchrest Bishop (GA) Foley Linder Ortiz Bereuter Herger Peterson (PA) Allen Gonzalez Bishop (NY) Ford LoBiondo Oxley Berman Hobson Pitts Bachus Gutierrez Bishop (UT) Fossella Lowey Pelosi Blumenauer Hoyer Pombo Baldwin Harris Blackburn Franks (AZ) Lucas (KY) Peterson (PA) Blunt Hulshof Quinn Beauprez Hart Boehlert Frelinghuysen Lynch Pickering Bonilla Hunter Radanovich Becerra Herger Boehner Frost Maloney Pitts Bonner Isakson Rangel Bereuter Hobson Boozman Gallegly Manzullo Pombo Bono Issa Reyes Berman Hoyer Boswell Garrett (NJ) Markey Quinn Boyd Istook Reynolds Blumenauer Hunter Boucher Gerlach Marshall Brown-Waite, Jackson-Lee Rogers (AL) Blunt Isakson Radanovich Bradley (NH) Gillmor Matheson Ginny (TX) Ryun (KS) Bonilla Issa Rangel Brady (PA) Gingrey McCarthy (MO) Burr Jenkins Sanchez, Linda Bonner Istook Reyes Brady (TX) Goode McCarthy (NY) Calvert Kaptur T. Bono Jackson-Lee Reynolds Brown (OH) Goodlatte McCotter Capuano Kind Sanders Boyd (TX) Rogers (AL) Brown (SC) Gordon McCrery Carson (IN) King (IA) Schakowsky Brown-Waite, Jenkins Royce Brown, Corrine Goss McDermott Carson (OK) Kolbe Serrano Ginny John Ryun (KS) Burgess Granger McHugh Clyburn Kucinich Sessions Burr Kaptur Sanchez, Linda Burns Graves McInnis Cole Lampson Simmons Calvert Kind Burton (IN) Green (TX) McIntyre T. Collins Lipinski Stenholm Capuano King (IA) Buyer Green (WI) McKeon Sanders Davis (IL) Lowey Sweeney Carson (IN) Kucinich Camp Greenwood McNulty Schakowsky DeLay Lucas (OK) Tanner Carson (OK) Lampson Cannon Grijalva Meehan Serrano DeMint Majette Taylor (NC) Clyburn Lipinski Cantor Gutknecht Meeks (NY) Sessions Doolittle Matsui Tierney Cole Lofgren Capito Hall Mica Simmons Doyle McCollum Velazquez Collins Lucas (OK) Capps Harman Michaud Stenholm Dreier McGovern Walsh Davis (IL) Majette Cardin Hastings (FL) Millender- Sweeney Dunn Meek (FL) Waters DeLay Matsui Cardoza Hastings (WA) McDonald Tanner Emanuel Menendez Weiner DeMint McCollum Carter Hayes Miller (FL) Taylor (NC) Fletcher Miller (MI) Wexler Doolittle McGovern Case Hayworth Miller (NC) Forbes Miller, George Wynn Doyle Meek (FL) Tierney Castle Hensarling Miller, Gary Dreier Menendez Velazquez ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Chabot Hill Moore Dunn Miller (MI) Waters Chocola Hinchey Moran (KS) The SPEAKER pro tempore (during Emanuel Miller, George Weiner Clay Hinojosa Moran (VA) the vote). There are 2 minutes remain- Fletcher Mollohan Wexler Coble Hoeffel Murphy Forbes Murtha Wynn ing in this vote. Conyers Hoekstra Musgrave Frank (MA) Myrick Young (FL) b 1931 Cooper Holden Nadler Costello Holt Napolitano ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cox Honda Nethercutt So (two-thirds having voted in favor The SPEAKER pro tempore (during thereof) the rules were suspended and Cramer Hooley (OR) Neugebauer Crane Hostettler Ney the vote). Members are advised 2 min- the Senate joint resolution was passed. Crenshaw Houghton Northup utes remain in this vote. The result of the vote was announced Crowley Hulshof Norwood as above recorded. Cubin Hyde Nunes b 1938 A motion to reconsider was laid on Culberson Inslee Oberstar So (two-thirds having voted in favor the table. Cummings Israel Obey Cunningham Jackson (IL) Olver thereof) the rules were suspended and f Davis (AL) Janklow Osborne the concurrent resolution was agreed Davis (CA) Jefferson Ose PERSONAL EXPLANATION Davis (FL) Johnson (CT) Otter to. Mrs. BONO. Mr. Speaker, on November 17, Davis (TN) Johnson (IL) Owens The result of the vote was announced Davis, Jo Ann Johnson, E. B. Pallone as above recorded. 2003, had I been present, I would have voted Davis, Tom Jones (NC) Pascrell ‘‘yes’’ on S.J. Res. 18 and S.J. Res. 22. Deal (GA) Jones (OH) Pastor A motion to reconsider was laid on the table. f DeFazio Kanjorski Payne DeGette Keller Pearce f HONORING MR. SARGENT SHRIVER Delahunt Kelly Pence DeLauro Kennedy (MN) Peterson (MN) PERSONAL EXPLANATION The SPEAKER pro tempore (Mr. Deutsch Kennedy (RI) Petri DUNCAN). The pending business is the Diaz-Balart, L. Kildee Platts Mr. COLLINS. Mr. Speaker, I was unavoid- question of suspending the rules and Diaz-Balart, M. Kilpatrick Pomeroy ably detained and not present on rollcall vote Dicks King (NY) Porter agreeing to the concurrent resolution, Dingell Kingston Portman 620, recognizing the Agricultural Research of H. Con. Res. 299. Doggett Kirk Price (NC) the Department of Agriculture (S.J. Res. 22);

VerDate jul 14 2003 02:08 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\CR\FM\A17NO7.034 H17PT1 H11186 CONGRESSIONAL RECORD — HOUSE November 17, 2003 rollcall vote 621, commending the Inspectors Inslee Michaud Scott (VA) Peterson (PA) Ryun (KS) Tanner General (S.J. Res. 18); and rollcall vote 622, Israel Millender- Sensenbrenner Pitts Sanchez, Linda Taylor (NC) Jackson (IL) McDonald Shadegg Pombo T. Tierney honoring Mr. Sargent Shriver (H. Con. Res. Janklow Miller (FL) Shaw Quinn Sanders Velazquez 299). Had I been present, I would have voted Jefferson Miller, Gary Shays Radanovich Schakowsky Waters ‘‘yea’’ for rollcall votes 620, 621, 622. John Moran (KS) Sherman Rangel Serrano Weiner Johnson (CT) Moran (VA) Sherwood Reyes Sessions Wexler f Johnson (IL) Murphy Shimkus Reynolds Simmons Wynn Johnson, E. B. Musgrave Shuster Rogers (AL) Stenholm Young (FL) Johnson, Sam Nadler Simpson Rush Sweeney PERSONAL EXPLANATION Jones (OH) Napolitano Skelton ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. OXLEY. Mr. Speaker, I was returning Kanjorski Nethercutt Smith (MI) from an official delegation trip to Iraq on Mon- Keller Ney Smith (NJ) The SPEAKER pro tempore (Mr. Kelly Northup Smith (TX) NEUGEBAUER) (during the vote). Mem- day evening, and was absent from the House Kennedy (MN) Norwood Smith (WA) floor during the rollcall votes on S.J. Res. 22, Kennedy (RI) Nunes Snyder bers are advised that 2 minutes remain recognizing the Agricultural Research Service, Kildee Ose Solis in this vote. Kilpatrick Otter Souder S.J. Res. 18, commending the service of In- King (NY) Owens Spratt b 1954 spectors General; and H. Con. Res. 299, hon- Kingston Pallone Stark So the motion was agreed to. oring Sargent Shriver. Had I been present, I Kirk Pascrell Stearns Kleczka Pastor Strickland The result of the vote was announced would have voted ‘‘aye’’ on each of these res- Kline Paul Stupak as above recorded. olutions. Knollenberg Payne Sullivan A motion to reconsider was laid on Kolbe Pearce Tancredo the table. f LaHood Pence Tauscher Langevin Peterson (MN) Tauzin f HOUR OF MEETING ON TUESDAY, Lantos Petri Taylor (MS) NOVEMBER 18, 2003 Larsen (WA) Pickering Terry PERSONAL EXPLANATION Larson (CT) Platts Thomas Mr. EMANUEL. Mr. Speaker, due to a pre- Mr. LINDER. Mr. Speaker, I move Latham Pomeroy Thompson (CA) that when the House adjourns today, it LaTourette Porter Thornberry viously scheduled commitment, I missed roll- adjourn to meet at 10 a.m. tomorrow Leach Portman Tiahrt call votes 620 through 623 on Monday, No- Levin Price (NC) Tiberi vember 17. Had I been present, I would have for morning hour debates. Lewis (CA) Pryce (OH) Toomey The SPEAKER pro tempore. The mo- Lewis (KY) Putnam Towns voted ‘‘yes’’ on each measure. tion is not debatable. Linder Ramstad Turner (OH) f LoBiondo Regula Turner (TX) The question is on the motion offered Lowey Rehberg Udall (NM) ANNOUNCEMENT OF INTENTION TO by the gentleman from Georgia (Mr. Lucas (KY) Renzi Upton OFFER MOTION TO INSTRUCT LINDER). Lynch Rodriguez Visclosky CONFEREES ON H.R. 1, MEDI- Maloney Rogers (KY) Vitter The question was taken; and the Manzullo Rogers (MI) Walden (OR) CARE PRESCRIPTION DRUG AND Speaker pro tempore announced that Markey Rohrabacher Walsh MODERNIZATION ACT OF 2003 the ayes appeared to have it. Marshall Ros-Lehtinen Wamp Matheson Roybal-Allard Watson Ms. BERKLEY. Mr. Speaker, under RECORDED VOTE McCarthy (MO) Royce Waxman rule XXII, clause 7(c), I hereby an- Ms. DEGETTE. Mr. Speaker, I de- McCarthy (NY) Ruppersberger Weldon (FL) nounce my intention to offer a motion mand a recorded vote. McCotter Ryan (OH) Weldon (PA) to instruct on H.R. 1, the prescription McCrery Ryan (WI) Weller A recorded vote was ordered. McHugh Sabo Whitfield drug bill. The vote was taken by electronic de- McIntyre Sanchez, Loretta Wicker The form of the motion is as follows: vice, and there were—ayes 296, noes 25, McKeon Sandlin Wilson (NM) I move that the managers on the part of not voting 113, as follows: McNulty Saxton Wilson (SC) Meehan Schiff Wolf the House at the conference on the dis- [Roll No. 623] Meeks (NY) Schrock Wu agreeing votes of the two Houses on the Sen- AYES—296 Mica Scott (GA) Young (AK) ate amendment to the bill, H.R. 1, be in- structed as follows: Abercrombie Castle Everett NOES—25 (1) To reject the provisions of subtitle C of Alexander Chabot Farr Andrews Chocola Fattah Brown (OH) Lee Rothman title II of the House bill. Baca Clay Feeney Capps McDermott Slaughter (2) To reject the provisions of section 231 of Baird Coble Ferguson Cooper Miller (NC) Thompson (MS) the Senate amendment. Baker Conyers Foley DeFazio Moore Udall (CO) (3) Within the scope of conference, to in- Ballance Costello Ford Filner Oberstar Van Hollen crease payments for physician services by an Green (TX) Obey Ballenger Cox Fossella Watt amount equal to the amount of savings at- Barrett (SC) Cramer Franks (AZ) Grijalva Olver Woolsey Hastings (FL) Rahall tributable to the rejection of the aforemen- Bartlett (MD) Crane Frelinghuysen tioned provisions. Barton (TX) Crenshaw Frost Hooley (OR) Ross Bass Crowley Gallegly (4) To insist upon section 601 of the House Bell Cubin Garrett (NJ) NOT VOTING—113 bill. Berkley Culberson Gerlach Ackerman DeMint Jones (NC) f Berry Cummings Gillmor Aderholt Doolittle Kaptur Biggert Cunningham Goode Akin Doyle Kind ANNOUNCEMENT OF INTENTION TO Bilirakis Davis (AL) Goodlatte Allen Dreier King (IA) OFFER MOTION TO INSTRUCT Bishop (GA) Davis (CA) Gordon Bachus Dunn Kucinich Bishop (NY) Davis (FL) Goss Baldwin Emanuel Lampson CONFEREES ON H.R. 2660, DE- Bishop (UT) Davis (TN) Granger Beauprez Flake Lewis (GA) PARTMENTS OF LABOR, HEALTH Blackburn Davis, Jo Ann Graves Becerra Fletcher Lipinski AND HUMAN SERVICES, AND Boehlert Davis, Tom Green (WI) Bereuter Forbes Lofgren EDUCATION, AND RELATED Boehner Deal (GA) Greenwood Berman Frank (MA) Lucas (OK) Boozman DeGette Gutknecht Blumenauer Gephardt Majette AGENCIES APPROPRIATIONS Boswell Delahunt Hall Blunt Gibbons Matsui ACT, 2004 Boucher DeLauro Harman Bonilla Gilchrest McCollum Bradley (NH) Deutsch Hastings (WA) Bonner Gingrey McGovern Mr. KENNEDY of Rhode Island. Mr. Brady (PA) Diaz-Balart, L. Hayes Bono Gonzalez McInnis Speaker, pursuant to clause 7(c) of Brady (TX) Diaz-Balart, M. Hayworth Boyd Gutierrez Meek (FL) House rule XXII, I hereby notify the Brown (SC) Dicks Hefley Brown-Waite, Harris Menendez Brown, Corrine Dingell Hensarling Ginny Hart Miller (MI) House of my intention tomorrow to Burgess Doggett Hill Burns Herger Miller, George offer the following motion to instruct Burton (IN) Dooley (CA) Hinchey Burr Hobson Mollohan House conferees on H.R. 2660, the fiscal Buyer Duncan Hinojosa Calvert Hostettler Murtha year 2004 Labor, Health and Human Camp Edwards Hoeffel Capuano Hoyer Myrick Cannon Ehlers Hoekstra Carson (IN) Hunter Neal (MA) Services, Education and Related Agen- Cantor Emerson Holden Carson (OK) Isakson Neugebauer cies Appropriations Act. Capito Engel Holt Clyburn Issa Nussle The form of the motion is as follows: Cardin English Honda Cole Istook Ortiz Cardoza Eshoo Houghton Collins Jackson-Lee Osborne I move that the managers on the part of Carter Etheridge Hulshof Davis (IL) (TX) Oxley the House at the conference on the dis- Case Evans Hyde DeLay Jenkins Pelosi agreeing votes of the two Houses on the bill,

VerDate jul 14 2003 04:12 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.036 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11187 H.R. 2660, be instructed to insist on the high- to 12 victory over the University of St. leagues in honoring a great man and est funding levels possible for nutrition pro- Thomas; wishing him continued success. grams for our Nation’s seniors authorized by Whereas on November 8, 2003, John I ask my colleagues to support this the Older Americans Act. Gagliardi broke Eddie Robinson’s record resolution. f with a 29 to 26 victory over Bethel College; Whereas John Gagliardi is admired by his Mr. Speaker, I reserve the balance of ANNOUNCEMENT BY THE SPEAKER players, as well as by the students, faculty, my time. PRO TEMPORE and fans of St. John’s University for his abil- Ms. WOOLSEY. Mr. Speaker, I yield ity to motivate and inspire; myself such time as I may consume. The SPEAKER pro tempore. Pursu- Whereas students who take his course, Mr. Speaker, I rise in support of H. ant to clause 8 of rule XX, the Chair Theory of Football, credit John Gagliardi for Res. 438. This resolution honors John will postpone further proceedings teaching them more about life than about Gagliardi, the football coach at St. today on additional motions to suspend football; Johns University. Coach Gagliardi is the rules on which a recorded vote or Whereas those closest to John Gagliardi the winningest coach in college foot- the yeas and nays are ordered, or on will tell you that football is only part of his life—he values the time he spends with Peg, ball history. This month he overtook which the vote is objected to under the legendary Eddie Robinson by win- clause 6 of rule XX. his wife of 47 years, and their four children; and ning the 409th football game of his ca- Record votes on postponed questions Whereas the on- and off-the-field accom- reer. This record puts Coach Gagliardi will be taken tomorrow. plishments of John Gagliardi have placed at the very top of his profession. It f him in an elite club that includes the best should come as no surprise that the coaches in history: Now, therefore, be it students, the student athletes, the fac- CONGRATULATING JOHN GAGLI- Resolved, That the House of Representa- ARDI ON OCCASION OF HIS BE- tives congratulates John Gagliardi, football ulty and fans of St. John’s University COMING ALL-TIME WINNINGEST coach of St. John’s University in greatly admire Coach Gagliardi. Fortu- COACH IN COLLEGIATE FOOT- Collegeville, Minnesota, on becoming the all- nately, we are not only honoring Coach BALL HISTORY time winningest coach in collegiate football Gagliardi for his winning ways but also history. his commitment to his school, his team Mr. KLINE. Mr. Speaker, I move to The SPEAKER pro tempore. Pursu- and, most importantly, his players and suspend the rules and agree to the reso- ant to the rule, the gentleman from their education. lution (H. Res. 438) congratulating Minnesota (Mr. KLINE) and the gentle- Coach Gagliardi has coached over John Gagliardi, football coach of St. woman from California (Ms. WOOLSEY) 5,000 players during his 50 years at St. John’s University, on the occasion of each will control 20 minutes. John’s. Over that time, none of his his becoming the all-time winningest The Chair recognizes the gentleman players have failed to graduate and coach in collegiate football history. from Minnesota (Mr. KLINE). most have graduated within 4 years. The Clerk read as follows: GENERAL LEAVE b 2000 H. RES. 438 Mr. KLINE. Mr. Speaker, I ask unan- Whereas John Gagliardi began his coaching imous consent that all Members may This is an amazing feat in today’s career in 1943 at the age of 16 when his high have 5 legislative days in which to re- world of college athletes. Coach school football coach was drafted and John vise and extend their remarks on H. Gagliardi more than deserves the honor Gagliardi asked to take over his position; Res. 438. we are bestowing on him today. Mr. Whereas John Gagliardi won four con- Speaker, I urge all Members of the ference titles during the six years he coached The SPEAKER pro tempore. Is there objection to the request of the gen- House to support this resolution. high school football; Mr. Speaker, I reserve the balance of Whereas John Gagliardi graduated from tleman from Minnesota? Colorado College in 1949 and began coaching There was no objection. my time. football, basketball, and baseball at Carroll Mr. KLINE. Mr. Speaker, I yield my- Mr. KLINE. Mr. Speaker, I yield 10 College in Helena, Montana, winning titles self such time as I may consume. minutes to the gentleman from Min- in all three sports; Mr. Speaker, I rise today in support nesota (Mr. KENNEDY). Whereas John Gagliardi took over the foot- of House Resolution 438. I would like to Mr. KENNEDY of Minnesota. Mr. ball program at St. John’s University in thank my colleague, the gentleman Speaker, I thank the gentleman for Collegeville, Minnesota, in 1953 and the foot- from Minnesota (Mr. KENNEDY), for yielding me this time, and I rise today ball team won the Minnesota Intercollegiate bringing this resolution forward. Mr. to honor St. John’s University’s Coach Athletic Conference title in his first year as John Gagliardi for becoming the coach; Speaker, this resolution recognizes the Whereas by the end of the 2002 season, achievement of Coach John Gagliardi winningest college football coach ever. John Gagliardi had won three national of St. John’s University for becoming After beating archrival St. Thomas to championships, coached 25 conference title the all-time winningest coach in colle- tie Eddie Robinson’s record of 408 wins teams, appeared in 45 post-season games and giate football history. at Grambling, Coach Gagliardi’s John- compiled a 400–114–11 record during his 50 Coach Gagliardi—John to his players, nies set a new record by defeating na- years at St. John’s University; colleagues and friends—has long been a tionally ranked Bethel in a hard-fought Whereas under the leadership of John force in college athletics and in life. In game before over 13,000 fans in the nat- Gagliardi, St. John’s University has been na- ural bowl of Clemens Stadium. That is tionally ranked 37 times in the past 39 years, his 51 years at St. Johns, John has and the university set a record with a 61.5 found great success on the field, lead- quite a crowd, since the stadium only points per game average in 1993; ing St. John’s to 23 conference titles seats 5,500. Whereas over 150 students participate in and the winningest record in Division As a graduate of St. John’s, I was the St. John’s University football program III history. honored to be able to join John at the each year and every player dresses for home His performance as a coach is impres- White House today where the President games; sive, but it tells only one side of the rightly praised both his achievement Whereas John Gagliardi’s coaching meth- story of this great man. John has in- and his character. Both St. John’s Uni- ods follow the ‘‘Winning with No’s’’ theory: versity and Coach John Gagliardi are no blocking sleds or dummies, no whistles, vested in thousands of lives over his ca- no tackling in practices, no athletic scholar- reer in the coaching business. The suc- quite special; and as one might expect ships, and no long practices; cess earned by the St. John’s team re- from a relationship stretching over Whereas John Gagliardi has coached over flects the dedication he inspires in half a century, they are special for 5,000 players during his 50 years at St. John’s each player. John’s investment in many of the same reasons. Indeed, the University, and no player has failed to grad- these young lives is, to him, the most similarities begin with both the univer- uate and most have graduated in four years; important contribution he can make, sity and the coach being named ulti- Whereas, in 1993, the John Gagliardi trophy and to them the most important re- mately after St. John. was unveiled, and it is given each year to the St. John’s, with 1,900 male students, most outstanding Division III football play- ward they will receive. er; I extend my congratulations to is one of the oldest universities in the Whereas on November 1, 2003, John Coach John Gagliardi on this impor- State of Minnesota, having been found- Gagliardi tied Grambling University coach tant day for him and for the St. John’s ed by Benedictine monks in 1856. It sits Eddie Robinson’s record of 408 wins with a 15 community. I am happy to join my col- on a beautiful campus of 2,400 acres

VerDate jul 14 2003 04:12 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.061 H17PT1 H11188 CONGRESSIONAL RECORD — HOUSE November 17, 2003 with four lakes on campus. Their sister they win. In over 55 years of coaching, Durenberger; Al Eisele, editor of ‘‘The school, St. Benedict’s, with 2,000 stu- he has now had 410 wins and only 114 Hill,’’ David Rehr from the Beer Whole- dents, was founded by Benedictine nuns losses. My son Peter recently com- salers; and Tom Super, whose wife, in 1913. mented that it is impossible to be a Kathy, works for President Bush, Sr. The Benedictines live according to fair-weather fan of St. John’s because I encourage my fellow Members to the Rule of St. Benedict with an em- they always win. Gagliardi’s teams join me in honoring his achievement. phasis on faithfulness, community, have won 26 conference titles, appeared Ms. WOOLSEY. Mr. Speaker, I have study, work, prayer, and humility. in 45 post-season games, and won three no further requests for time, and I They have infused these values into the national championships. Their most re- yield back the balance of my time. culture of St. John’s and St. Ben’s as cent national championship was in Mr. KLINE. Mr. Speaker, I yield my- well. Community is important to 1976, while I was a student at St. self such time as I may consume. Johnnie and Bennie alumni, who are John’s, when they beat Towson State I thank the gentlewoman for her very among the most loyal anywhere. of Maryland, a school 10 times its size. kind remarks on this occasion, and I Coach Gagliardi has personified these Playing bigger schools is not unusual thank the gentleman from Minnesota values. After coaching 4 years at Car- for St. John’s with its 1,900 students. I (Mr. KENNEDY) for bringing this for- roll College in Helena, Montana, John fondly remember sitting at a playoff ward. I encourage all of my colleagues has coached at St. John’s for the last 51 game with St. John’s president, Broth- to vote for this, with a hearty con- seasons. That record of faithfulness has er Dietrich Reinhart, in Dayton, Ohio, gratulations to Coach John Gagliardi. been matched with 47 years of marriage against the University of Dayton. They Mr. Speaker, I have no further re- to the partner of his life, his wife, were playing St. John’s in football, but quests for time, and I yield back the Peggy. Michigan State in basketball that balance of my time. The Gagliardi family has been inter- evening. The SPEAKER pro tempore (Mr. twined with the St. John’s community. According to St. John’s folklore, NEUGEBAUER). The question is on the They live on campus, and all four of prayer is vitally important to their motion offered by the gentleman from their children have attended St. John’s football success. The St. John’s abbey Minnesota (Mr. KLINE) that the House or St. Ben’s. I attended St. John’s with is the largest Benedictine abbey in the suspend the rules and agree to the reso- their son John, Jr. Their son Jim is one world. As the saying goes, if the team lution, H. Res. 438. of St. John’s assistant coaches and gets it close, they will pray it in. The question was taken; and (two- joined him today at the White House. Despite John’s unmatched record of thirds having voted in favor thereof) Since he is assistant coach there at St. success, he remains amongst the most the rules were suspended and the reso- John’s, the President said that he ap- humble people one will ever meet. His lution was agreed to. preciated sons following in their fa- news director, Michael Hemisch, has a A motion to reconsider was laid on ther’s footsteps. hard time getting him to speak to the the table. Consistent with John’s commitment press. John avoids the limelight and to community, he cuts no one from f wears a coat during games that every- games, from coming out for football, HONORING RICE UNIVERSITY one is happy to see has now been con- and over 150 players regularly suit up OWLS BASEBALL TEAM for home games. In fact, St. John’s was tributed to the College Football Hall of Fame, so he will not wear it anymore. Mr. KLINE. Mr. Speaker, I move to recently penalized for having two play- suspend the rules and agree to the reso- ers with the same number on the field, But he said it is the only coat that will keep him warm enough for Minnesota lution (H. Res. 379) honoring the Rice a penalty few teams ever have to worry University Owls baseball team for win- about. And while Gagliardi is ac- falls. Some were surprised that he accepted ning the NCAA baseball championship. claimed for his perennial success on The Clerk read as follows: the football field, he is equally loved President Bush’s invitation to come to H. RES. 379 and admired at St. John’s for his com- the White House today. When the press asked him what was the secret of his Whereas, on June 23, 2003, the Rice Univer- mitment to making sure that his play- sity Owls baseball team won the NCAA base- ers get a quality education. success, he answered: talented players, luck, and prayers. ball championship, defeating Stanford, with Consistent with his commitment to a final score of 14 to 2, before 18,494 Owls fans study, I am proud to say that no player Certainly, the many players that have played for Coach Gagliardi should in the final game at the College World Se- has ever failed to graduate in John’s ries; over a half century of coaching. Every be congratulated on this achievement. Whereas Rice University is a small but class of graduating football players in- John took no credit for himself but prestigious school, which opened in 1912, and cludes those who go on to graduate, would be happy to ascribe some of the prides itself on being one of the Nation’s best law, or medical school. St. John’s and credit to his current coaching staff and academic institutions; St. Ben’s, which are ranked as among his coaching staff over the years, three Whereas winning the national champion- of whom joined him: his son Jim, Jerry ship in a major Division I sport is a remark- the best Catholic national liberal arts able accomplishment for Rice University, colleges in the country by ‘‘U.S. News Haugen, and Gary Fasching. He would also give credit to the monks, includ- which has an undergraduate enrollment of and World Report,’’ match Gagliardi’s only 2,700 students and holds its athletes to commitment to educational excellence. ing athletic director Father Tim the same high academic standards as the The Benedictine monks have long Backous, who joined him as well at the rest of the school population; stressed work and in their early days White House. Father Tim and I sang Whereas, before this 2003 victory, the Owls were almost entirely self-sufficient, together at men’s chorus at St. John’s. made three trips to the College World Series, growing and building most of what And John likes to joke that the monks in 1997, 1999, and 2002, but won just one of they needed. Coach Gagliardi’s per- said they would always be with him, seven games; Whereas the Owls’ coach, Wayne Graham, sonal work ethic is reflected in his in- win or tie. Though John is humble, my fellow advanced Rice University’s baseball program tent to continue coaching even after he from obscurity to a national championship has achieved this important milestone. alumni at St. John’s and St. Ben’s, in- in 12 years; Yet John has a nontraditional view cluding 13 of my family members, have Whereas the Owls’ victory at the College towards work in the form of practice. great pride not just in his success as World Series is Rice University’s first na- His practices involve no blocking sleds, the winningest college football coach tional championship in any team sport and no dummies, no whistles, no pads, no ever but the way his life has modeled easily the University’s crowning athletic tackling, and no mandatory weight the Benedictine values of faithfulness, achievement; training. John does not conduct spring community, study, work, prayer, and Whereas Rice University is the second practices, and he gives his team the humility. school in the State of Texas to win the I appreciated the Johnnies who NCAA baseball title, joining the University day off if it is too cold, too hot, or of Texas, which won titles in 1949, 1950, 1975, there are too many mosquitos, as is joined John at the White House and the 1983, and 2002; often the case in Minnesota. many that came out to the reception Whereas the Owls’ victory completed a re- But where Gagliardi asks his players this afternoon here in Washington to markable season in which Rice University to work is on game day. They work and honor John, including Senator Dave won 58 of the 70 games it played;

VerDate jul 14 2003 02:46 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.063 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11189 Whereas the Owls opened the 2003 College Mr. Speaker, I reserve the balance of as all of the other students, signifying World Series by first defeating Southwest my time. the incredible well-roundedness of Missouri State and then by defeating Texas Ms. WOOLSEY. Mr. Speaker, I yield these ball players. University twice in a span of three days, myself such time as I may consume. Since starting at Rice 12 years ago, eliminating the defending national cham- pions and securing a spot in the champion- Mr. Speaker, I rise in support of H. coaching legend Wayne Graham has ship round; Res. 379. This resolution honors the catapulted the team into baseball his- Whereas Rice University defeated Stan- Rice University Owls baseball team for tory. Coach Graham’s leadership took ford, with a score of 4 to 3, in the first cham- winning the NCAA baseball champion- Rice to the NCAA tournament in 1995 pionship game, and then lost to Stanford, ship. This summer the Rice University and to the College World Series in 1997, with a score of 8 to 3, in the second game, Owls captured the national champion- 1999 and 2002. Previously, Coach forcing the final game; and ship in their fourth trip to the College Graham won five national junior col- Whereas the final score of 14 to 2, estab- World Series in the past 7 years. Col- lege titles at San Jacinto College. lishing Rice University’s national champion- The Owls had an unforgettable sea- ship victory, is the largest margin of victory lege fans, student athletes, and the in a College World Series final game: Now, general public were treated to an excit- son, winning 58 of their 70 games. Early therefore, be it ing 14 to 2 win in the final game of the in the season, the team broke a school Resolved, That the House of Representa- year’s College World Series. I want to record by winning 30 games in a row. In tives honors and congratulates the Rice Uni- extend my hearty congratulations to the College World Series, Rice beat versity Owls baseball team for their success- the Owls’ head coach, Wayne Graham. Southwest Missouri State and last ful season and their historic, outstanding, His leadership over the past 12 years year’s champion University of Texas and memorable NCAA baseball championship team twice, before meeting Stanford in victory. has taken baseball at Rice University from obscurity to national prominence. the championship round. Rice beat The SPEAKER pro tempore. Pursu- Rice University’s student athletes also Stanford 4–3 in the first game, lost 8–3 ant to the rule, the gentleman from deserve our congratulations. We are on in the second, and won the champion- Minnesota (Mr. KLINE) and the gentle- the floor today because of their hard ship, 14–2, the largest margin of victory woman from California (Ms. WOOLSEY) in the history of the College World Se- each will control 20 minutes. work, their determination, and their The Chair recognizes the gentleman winning ways. ries championship games. Mr. Speaker, with wholehearted en- from Minnesota (Mr. KLINE). I would be remiss if I did not also rec- ognize the outstanding play by Stan- thusiasm, I congratulate Coach GENERAL LEAVE Graham and the entire Rice Owl Col- Mr. KLINE. Mr. Speaker, I ask unan- ford University’s student athletes in lege World Series championship team, imous consent that all Members may the College World Series. Both teams including Philip Umber, Jeff Niemann, have 5 legislative days within which to are to be congratulated for their excel- Wade Townsend, Vincent Sinisi, revise and extend their remarks on H. lent play. Enrique Cruz, Craig Stansberry, Paul Res. 379. Winning a championship has brought The SPEAKER pro tempore. Is there national acclaim to Rice University. I Janish, Chris Kolkhorst, Austin Davis, objection to the request of the gen- hope the Owls fans and their commu- Dan Bubela, Justin Ruchti, David tleman from Minnesota? nity treasure this moment for many Aardsma, Joseph Baker, Jeff There was no objection. years to come. And in closing, Mr. Blackinton, Matthew Cavanaugh, Lyn- Mr. KLINE. Mr. Speaker, I yield my- Speaker, I urge Members to support don Duplessis, Matthew Emerson, Jon- self such time as I may consume. this resolution. athan Gillespie, Steven Herce, Sean Mr. Speaker, I rise in support of Mr. Speaker, I reserve the balance of Hirsch, Jeff Jorgensen, Colin Matheny, House Resolution 379. This resolution my time. Matthew Moake, and Lance Pendleton. honors the Rice University Owls base- Mr. KLINE. Mr. Speaker, I have no These players’ success, both in the ball team for their victory in the 2003 further requests for time, and I reserve classroom and on the baseball field, NCAA baseball championship. With the balance of my time. make them stand out as the very best their 14 to 2 victory over Stanford, the Ms. WOOLSEY. Mr. Speaker, I yield college sports has to offer. They played Rice Owls scored the largest margin of such time as he may consume to the with honor and sportsmanship and victory in a College World Series gentleman from Texas (Mr. BELL), the raised the bar for the expectations of championship game and earned their author of this resolution. college athletes everywhere. Well done, first, their first, NCAA baseball cham- Mr. BELL. Mr. Speaker, I rise in sup- Owls. You have made Houston, Texas pionship ever. The Owls won five of six port of the resolution to honor the Rice very proud. games in their fourth College World University Owls, the 2003 NCAA base- Ms. WOOLSEY. Mr. Speaker, I yield Series appearance to complete a re- ball national champions. It is a study such time as he may consume to the markable season in which they won 58 in persistence. Before this victory, the gentleman from Texas (Mr. of their 70 games. The Owls’ victory at Owls made three trips to the College RODRIGUEZ). the College World Series was Rice Uni- World Series in 1997, 1999, and 2002, but Mr. RODRIGUEZ. Mr. Speaker, I rise versity’s first national championship won just one of seven games during today to join my colleagues and the in any team sport. The distinction those three trips. gentleman from Texas (Mr. BELL) for earned by these players and the re- The Owls’ convincing win over Stan- authoring this legislation in honoring markable repeat victories of the team ford in the College World Series cham- the National Champion Rice University reflect the dedication of each player, pionship game this year brought home baseball team. I commend the hard the leadership of Coach Wayne the school’s first national champion- work of the players and their coaches. Graham, and the support of family, ship in any team sport. Their years of training and prepara- friends, and fans. Rice University is a tremendous tion, combined with their ability to I want to thank the gentleman from source of pride for my 25th Congres- work together as a team, led to an out- Texas (Mr. BELL) for introducing this sional District in Texas. As one of the standing and overwhelming victory. resolution and extend my congratula- Nation’s most highly regarded univer- It is also important to recognize the tions to Coach Graham, Rice Univer- sities, Rice has always been well unwavering dedication of the Rice sup- sity, and each of the hardworking play- known for its academic excellence. The porters who cheered the team to vic- ers on the successful Owls team. As the school now has the added distinction of tory. All Texans are proud of Rice Uni- only Member of Congress to claim Rice being a baseball powerhouse. Winning a versity. Rice University, its alumni, University as my alma mater, I am es- national title in a major Division I the city of Houston, the Houston pecially proud and happy to join my sport is a remarkable accomplishment Astros and others have honored the colleagues and am very thankful to for a school as small as Rice with only Rice baseball team, and now the Con- have the opportunity to join my col- 2,700 undergraduates. gress is joining the local community leagues in honoring the accomplish- and the State to show our support for ment of this team and wishing them b 2015 their achievement. continued success. I ask my colleagues Additionally, Rice athletes are held I have the great honor of being a fa- to support this resolution. to the same high academic standards ther of a Rice Owl. My daughter Xochil

VerDate jul 14 2003 02:46 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.042 H17PT1 H11190 CONGRESSIONAL RECORD — HOUSE November 17, 2003 attends Rice University, and I am Mr. Speaker, I have no further re- in the line of duty. He was gunned down, proud that she has chosen to be a part quests for time, and I yield back the along with four others of the delegation that he of this outstanding academic institu- balance of my time. led to investigate reports of human rights tion. Not only is Rice University one of The SPEAKER pro tempore (Mr. abuses at a compound in the jungles of Guy- the Nation’s top-ranking schools, Rice NEUGEBAUER). The question is on the ana. Ten members of his group were wound- University students have distinguished motion offered by the gentleman from ed, some of them seriously, including Cali- themselves by creating a unique aca- Minnesota (Mr. KLINE) that the House fornia State Senator Jackie Speier, who was demic atmosphere that provides a well- suspend the rules and agree to the reso- then a member of Congressman Ryan’s staff. rounded educational experience. lution, H. Res. 379. In addition to those who died, thousands The win at this year’s College World The question was taken; and (two- more were directly affected by the Jonestown Series marks the first national cham- thirds having voted in favor thereof) tragedy: the grieving family members and pionship for a Rice University sports the rules were suspended and the reso- friends of those who had misplaced their faith team, but with the hard work and the lution was agreed to. in the so-called Peoples Temple led by Jim discipline shown by the group of stu- A motion to reconsider was laid on Jones. dent athletes, I have no doubt that this the table. Mr. Speaker, survivors of that misguided is only the first of many accomplish- f movement, as well as relatives of Leo Ryan ments and championships. Congratula- PERMISSION TO HAVE UNTIL 6 and of others who died, are gathering in Fos- tions, Rice University. A.M. TUESDAY, NOVEMBER 18, ter City, California, in a park that bears Con- Ms. WOOLSEY. Mr. Speaker, I yield 2003 TO FILE CONFERENCE RE- gressman Ryan’s name. They will consider his such time as he may consume to the PORT ON H.R. 6, ENERGY POLICY gifts and accomplishments as a public servant, gentleman from Texas (Mr. GREEN). ACT OF 2003 and they will carry on with the struggle to (Mr. GREEN of Texas asked and was make sense of the events that cut short his Mr. MORAN of Kansas. Mr. Speaker, given permission to revise and extend life and those of so many others. his remarks.) I ask unanimous consent that the man- Leo Ryan dedicated his life to protecting the Mr. GREEN of Texas. Mr. Speaker, I agers on the part of the House may oppressed. Elected to the California State As- rise to place in the RECORD a statement have until 6 a.m. on November 18, 2003 sembly in 1962, he was so moved by the con- in offering my congratulations to the to file a conference report to accom- ditions that led to the Watts Riots two years Rice University baseball team for win- pany the bill (H.R. 6) to enhance en- later that he volunteered as a substitute ning the College World Series. ergy conservation and research and de- schoolteacher in Watts while the community Mr. Speaker, I rise today to offer my con- velopment, to provide for security and rebuilt itself. This was typical of Leo Ryan: gratulations to the Rice University Baseball diversity in the energy supply for the Confronted with a complex situation of social team. An exemplary group of young men, the American people, and for other pur- injustice, he insisted on getting his facts first- Rice team won its first baseball national cham- poses. hand. In 1970, after hearing about abuses The SPEAKER pro tempore. Is there pionship this year and showed the true grit against convicts in California’s top-security in- objection to the request of the gen- needed to win the College World Series. stitutions, he spent a week undercover behind The Owls have been no stranger to the Col- tleman from Kansas? There was no objection. bars in Folsom Prison to see for himself how lege World Series, appearing with the best of they were treated. college baseball for 4 out of the last 7 years. f Mr. Speaker, this hands-on approach char- The championship eluded them, however, until TWENTY-FIFTH ANNIVERSARY OF acterized Leo Ryan’s work here in Congress, this year when they finished the regular sea- JONESTOWN AND THE DEATH OF where he served on the Foreign Affairs Com- son with an impressive 58–12 record. Thirty of CONGRESSMAN LEO RYAN mittee. In early 1978, concerns had been those wins came during a remarkable winning (Mr. LANTOS asked and was given raised about U.S. citizens being held against streak. permission to address the House for 1 their will in Guyana; stories were filtering out And being a University of Houston graduate, minute and to revise and extend his re- about beatings and forced rehearsals for mass it pains me to admit that the Owls’ streak marks.) suicides. When constituents brought the issue began with a 3–0 win over my beloved Cou- Mr. LANTOS. Mr. Speaker, tomorrow to Leo Ryan’s attention, he took action. gars. However, if we had to lose to a cross- is the 25th anniversary of the massacre There were warnings, but characteristically, town rival, I’m glad that it was one who went at Jonestown where more than 900 peo- Congressman Ryan was undeterred. He on to win the national championship. ple lost their lives to the sick cause of moved with caution, yet without trepidation, to The national championship was even sweet- a sociopath masquerading as a vision- organize a trip to Guyana. And to alert the er for Houstonians considering that the Owls ary. world to what he expected to find, he brought crushed a Stanford team that had made its Among the victims was my distin- along with him a handful of journalists, as well third trip to the finals in the past 4 years. And guished predecessor and good friend, as members of the Concerned Relatives group in winning the final game 14–2, the Rice team Congressman Leo Ryan, the first Mem- whose loved ones were in the thrall of Jim secured the largest margin of victory in any ber of Congress ever killed in the line Jones. But after challenging Jones and con- College World Series final game. Without a of duty. He was gunned down along firming some of his concerns, Leo Ryan, three doubt, Rice’s national championship is a well- with four others of his delegation of the journalists and a defector from the Peo- deserved honor for a first-rate team. whom he led to investigate reports of ples Temple were to lose their lives on a jun- My congratulations go out to the Owls, human rights abuses in the jungles of gle airstrip as the cataclysm at Jonestown along with my best wishes for a successful Guyana. began. 2004 season in defense of their title. Mr. Speaker, while we continue to What lessons can be drawn from these ex- Ms. WOOLSEY. Mr. Speaker, I yield struggle to understand such events, let periences, Mr. Speaker? What can we con- back the balance of my time. us also continue to commemorate the clude when we continue to see the rise of ab- Mr. KLINE. Mr. Speaker, I yield my- people they affect. errant social groups that use violence to con- self such time as I may consume. I would like to ask all of my col- trol their members, and are capable of Mr. Speaker, I would like to thank, leagues for a moment of silence to re- unleashing brutality upon the world? again, the gentlewoman from Cali- member our fallen colleague, my prede- Jim Jones’ methods of control mirror those fornia for her kind remarks and the cessor representing the San Francisco of totalitarian leaders throughout history. He other speakers today, and certainly the peninsula in Congress, Congressman created a cult of personality centered on him- gentleman from Texas (Mr. BELL) for Leo Ryan, and to honor his work for self, demanded absolute obedience, isolated authoring this resolution. I will dare to justice and human rights. those who surrounded him from their former speak on behalf of all Rice alumni and Mr. Speaker, November 18, is the 25th an- lives, and instilled in them a profound sense of say to Coach Graham and to the team, niversary of the massacre at Jonestown. A paranoia about the outside world. congratulations and thank you from quarter century ago, more than 900 people The Peoples Temple’s members were ma- the bottom of our hearts. The first-ever lost their lives to the sick cause of a sociopath nipulated to see in it whatever they wanted it NCAA championship is a big thing to masquerading as a visionary. to be. It was a self-help group for some, for the alumni community and Rice Uni- Among the victims was Congressman Leo others a religious movement, and for many it versity. Ryan, the first Member of Congress ever killed represented a new means to address society’s

VerDate jul 14 2003 02:46 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\K17NO7.068 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11191 shortcomings. Jim Jones also managed to le- ate 50,000 miles of track, employ over PHARMACEUTICAL PROMOTION gitimize the group among some conventional 23,000 workers at an average wage of AND PROFITS PROTECTION ACT religious and political leaders by supporting $47,000, and earn $3 billion in annual The SPEAKER pro tempore. Under a their public events and contributing money to revenue. previous order of the House, the gen- Today, this local service is threat- their causes during the years when the Peo- tleman from Oregon (Mr. DEFAZIO) is ples Temple was based in San Francisco. ened due to the introduction of heavier recognized for 5 minutes. How could so many people find themselves 286,000 pound railcars that have become Mr. DEFAZIO. Mr. Speaker, Christ- hoodwinked to varying degrees, letting them- a new industry standard. Because of mas has come early for the pharma- selves even be linked with this deviant com- the interconnectivity of our Nation’s ceutical and insurance industries, and munity, much less joining its ranks and sacri- rail network, short lines are forced to it is going to be presented as a very ficing their lives? use these heavier cars, placing an large and complex piece of legislation Mr. Speaker, it is a hard question to con- added strain on track structure and that as yet no rank and file Member of front. And the Peoples Temple example teach- making rehabilitation urgent. Studies Congress, no Democrat on this side of es us most dramatically not to be seduced by indicate that it will take $7 billion in the Hill, has been able to review, and it easy answers. It is left to historians and spe- new investment for our Nation’s short will be voted on later this week. cialists in mass psychology to piece together lines to accommodate these heavier It is being cast as simply a pharma- and place in context the puzzle of Jonestown, railcars. To keep our constituents con- ceutical benefit for seniors and some nected with the national rail network, the rise of Fascism in Europe, and any num- sort of a revision of Medicare to make these lines must be upgraded. Unfortu- ber of other instances in which a twisted and it competitive and so on and so forth. nately, the small railroad revenue is charismatic individual has found ways to ex- But what it really is is legislation that insufficient to get the job done. was written by and for the pharma- ploit the weaknesses of large groups and to Today, our Nation’s short line rail- ceutical and insurance industries, the destroy their will. roads need help to make the capital in- most powerful lobbies in this country As John Ross Hall wrote in one of the defin- vestment required to maintain and re- and the most generous of campaign itive studies of Jonestown, Gone From the build rail service between rural and contributors, particularly to the Presi- Promised Land, ‘‘We hear the screams, but urban America. This is why I intro- dent and the Republican Party; and it we do not entirely understand them, and we duced H.R. 876, the Local Railroad Re- is first and foremost designed to pro- will continue to wrestle with the apocalypse habilitation and Investment Act. This tect their profits. In fact, perhaps we they unveiled.’’ legislation has enjoyed bipartisan sup- should call it the ‘‘Pharmaceutical And I would add, we will continue to com- port with, currently, 178 cosponsors. Promotion and Profits Protection memorate the victims, and to pay tribute to H.R. 876 provides a $10,000-per-mile tax Act.’’ That would be an apt title. their lives. Mr. Speaker, I would like to ask for credit as an offset for rehabilitation in- a moment of silence here in this chamber to Boston University School of Public vestments needed to maintain and Health has analyzed the bill and they remember our fallen colleague, my prede- strengthen local rail service. This tem- cessor representing the San Francisco Penin- said, 61 percent of the benefits will flow porary incentive program provides a as increased profits to the pharma- sula in Congress, Leo Ryan, and to honor his valuable tool for our railroads to re- work for justice and human rights. ceutical industry. The bill specifically build and improve as they work to prohibits the Government of the f meet our Nation’s increasing shipping United States of America, on behalf of SPECIAL ORDERS needs. America’s seniors and, indeed, all of Short line railroads play an impor- the American people, to do anything to The SPEAKER pro tempore (Mr. tant role in my home State of Kansas. lower the extortionate price of pre- NEUGEBAUER). Under the Speaker’s an- Kansas ranks second in the Nation in scription drugs in the United States. In nounced policy of January 7, 2003, and the amount of farm products it ships fact, it closes the door on the importa- under a previous order of the House, out of State by rail. These railroads the following Members will be recog- keep our farmers and small businesses tion of prescription drugs from Canada, nized for 5 minutes each. connected to a national rail network. which is the only relief that many f However, since 1980, approximately Americans are able to find today. Oh, they say, well, we do not close the H.R. 876, THE LOCAL RAILROAD 2,500 miles of short line rail in Kansas have been abandoned. door; we are going to give the author- REHABILITATION AND INVEST- ity to the Secretary of Health and MENT ACT In my State alone, the loss of short line railroads would add nearly $50 mil- Human Services to certify whether or The SPEAKER pro tempore. Under a lion in annual repair costs to the not American-manufactured, FDA-ap- previous order of the House, the gen- State’s highway system. The loss of proved pharmaceuticals that have had tleman from Kansas (Mr. MORAN) is short line rail service could also add a short vacation in Canada, where their recognized for 5 minutes. over $20 million to the annual cost of price goes down by 50 percent or more, Mr. MORAN of Kansas. Mr. Speaker, transporting and handling the State’s would be safe if they flowed back into I rise tonight on behalf of thousands of wheat harvest, which would result in the United States. And, of course, the America’s rural communities, and I an annual net decline in farm income Secretary of Health and Human Serv- would like to focus attention on a of over $17 million. Nearly every State ices, in his wisdom, has already said looming crisis within our Nation’s and every congressional district would that he will not find them to be safe, transportation infrastructure. Short experience similar consequences with- just to reassure the industry. So they line railroads, rural America’s link to out short line rail service. will give him a power which he will not the national rail network, are ap- Congress should have a strong inter- use, or which he has already arbitrarily proaching a crisis point. est in preserving the freight connection decided. Before the rail industry was deregu- between rural and urban America, be- In fact, it is arguable that the chain lated, Federal policy created a tremen- cause once track is abandoned, odds of custody of drugs in Canada is safer dous investment disincentive whose re- are it will never be replaced. In today’s than in the United States of America, percussions can still be felt today. world, a disruption of the network that and it would be arguable that, in fact, With America’s generation of heavier carries our food, raw materials, and the those drugs would be safer than those rail cars, which many short lines can- fuel for our power plants can be ill af- that are sometimes made available in not accommodate, this situation has forded. Tens of thousands of jobs in ag- the system here because of unregu- grown worse. We must move quickly, riculture, manufacturing, refining, and lated, unlicensed pharmacies, and because thousands of miles of track are mining in almost every congressional phoney, closed-door pharmacies and in danger of being abandoned forever. district depend upon this service. I other things that were exposed re- Over 550 short line rail carriers now urge my colleagues to join me in co- cently in a series by the Washington operate 30 percent of the Nation’s rail sponsoring this vital transportation in- Post. But nonetheless, we are going to network. Short line railroads exist in frastructure legislation, and I ask the act to protect here, and what we are all 50 States and in over 70 percent of leadership of this Congress to bring really protecting, the Congress will all congressional districts. They oper- this bill forward. vote, and I am sure the House will

VerDate jul 14 2003 02:46 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.047 H17PT1 H11192 CONGRESSIONAL RECORD — HOUSE November 17, 2003 vote; the President is proposing and what a turkey it is before the next duce them to provide coverage. If any- the conference committee has proposed election. So they will dangle it out one still believes privatizing Medicare to protect the profits of the pharma- there 4 years in the future and say this will reduce health care costs, this $12 ceutical industry. will be really great, you just wait. It is billion bribe going to the insurance in- Then, not to leave out the insurance so complicated, few people can figure it dustry from U.S. taxpayers, this $12 industry, because they are almost as out. But here are a couple of numbers. billion bribe should cure them of that generous in their campaign contribu- A person who pays $1,000 for pharma- misperception. tions, we are going to set up a new ceuticals under this great plan would Mr. Speaker, there is no surprise market for them where we will sub- only pay $945 for their pharmaceuticals here. After all, the insurance industry sidize the private health insurance in- after they did their premiums and co- gives tens of billions of dollars to my dustry to create competition. Now, is payments and deductibles. They would friends on the other side of the aisle, to that not ironic? get a benefit of $55 on an annual $1,000 President Bush, to Vice President CHE- prescription drug benefit. NEY, to Republican legislative leader- b 2030 Well, let us look at someone who has ship. This bill also increases drug prof- The only industry in the United much bigger costs. Someone who pays its by nearly 40 percent, an estimated States of America exempted from anti- $3,700, $300 a month. Their benefit $139 billion over 8 years. Again, no sur- trust law, an industry which can, and would be a grand total of $855. Only prise there, Mr. Speaker. The drug in- does, legally fix prices, collude with about, you know, half of that they dustry gives actually tens and tens of their so-called competitors, and, you could get purchasing the drugs from billions of dollars to President Bush. know, collude also to determine who Canada. This is a sham. The word on the street in Washington they might cover or not cover, we are f is they may give $100 million to Presi- going to bring about competition by MEDICARE LEGISLATION dent Bush’s reelection. So, of course, subsidizing them. they are going to look out for the drug There are quite a few seniors in my The SPEAKER pro tempore (Mr. industry. district that have a rather bitter taste NEUGEBAUER). Under a previous order Coincidentally, this bill specifically in their mouths about the HMO of the House, the gentleman from Ohio prohibits the Federal Government from Medicare+Choice and all these other (Mr. BROWN) is recognized for 5 min- negotiating lower prices on behalf of foolhardy things that have been levied utes. seniors and taxpayers to secure lower Mr. BROWN of Ohio. Mr. Speaker, upon them. Those companies walked drug prices. It abandons the one strat- this summer AARP devised a litmus away one day and left them high and egy that would deliver meaningful drug test for Medicare legislation. Specifi- dry. And under this bill they will be savings to seniors, businesses, and all cally, AARP said Congress must be able to walk away again and leave peo- prescription drug purchasers. It aban- careful not to pass any legislation that ple high and dry or they will be able to dons legislation that my friend, the jeopardizes employer-sponsored retiree choose the people they want to cover gentleman from Minnesota (Mr. GUT- and tell the rest of them to go over to benefits, or that leaves such large gaps in the drug coverage that seniors still KNECHT), who is in this Chamber, the Medicare fee-for-service plan which worked on; the gentleman from Wash- will be more expensive. It will get ever will not be able to afford needed medi- cines, or that includes a premium sup- ington (Mr. MCDERMOTT); the gen- more expensive because all the low- tleman from New Jersey (Mr. risk people will be moved out and port privatization provision which will invariably give HMOs control over PALLONE); the gentleman from Arkan- taken by the insurance industry and sas (Mr. ROSS); the gentleman from these subsidized plans until they be- Medicare, or undercuts popular support for the Medicare program by requiring Texas (Mr. GREEN); the gentlewoman come high risk, until they have to ac- from California (Ms. WOOLSEY), a lot of tually file a claim. That is the way the higher-income beneficiaries to pay more for the same coverage. In other us on both sides of the aisle worked on. insurance industry works in America It abandons legislation to allow impor- today: they will cover you until you words, we should not pass any legisla- tion that introduces means testing into tation of prescription drugs, safe, af- ask them to cover something that you Medicare. fordable prescription drugs from Can- have been paying premiums for. And The Medicare conference committee ada and other countries that charge the next time renewal comes up, sorry, agreement that was outlined this one-third, one-fourth, one-fifth as we will not renew you. This does not go weekend still jeopardizes employer- much as they do in the United States. on just in health care; it is going on in sponsored retiree coverage for 12 mil- Other countries negotiate for lower homeowners and car insurance and ev- lion seniors. In other words, as many as drug prices, but the U.S. is a passive erything else. But it is particularly a third of the seniors who now have drug taker. As a result, U.S. consumers egregious in the area of health care. prescription drug coverage will lose it get robbed; the drug industry gets rich. This bill is going to do nothing to rec- under this bill because employers will This bill ignores public support for pre- tify that problem. say why should we do it, we will put scription drug reimportation from Let us look at what the great bene- you in that government program. other countries for lower price, the fits will be. In the first year, next year, It still leaves such huge gaps in cov- same drug but for lower price, ignores there will be discount cards that will erage the average senior will run out of the consequences for consumers, for come out before the election so the drug benefits by August each year. Un- employers, and for the Federal Treas- President can say he did something for derstand that the average senior will ury if we fail to bring drug prices down. people, which will be to give a dis- run out of drug benefits two-thirds of Seniors cannot afford the high cost, count, maybe as much as 15 to 25 per- the way through the year, but, get this, employers cannot afford the high cost, cent. That means that seniors will only will still be required to pay the pre- taxpayers cannot afford the high cost have to pay 50 to 75 percent more than miums through December. That is a of prescription drugs anymore in this they would have to pay for those drugs great deal. country. imported from Canada. Oh, what a ben- It still includes a premium support If anyone still believes the drug in- efit that is. No, but it is a wonderful provision that stacks the deck so reso- dustry and the insurance industry are windfall for the pharmaceutical indus- lutely against Medicare fee-for-service, not the ghost writers of this bill and try. They will still be paying prices the Medicare that seniors in this coun- are not its principal beneficiaries, per- higher than people covered by other try respect and love and have benefited haps the $12 billion HMO slush fund, private insurance plans, as are Federal so greatly from. It stacks the deck so the $139 billion in additional drug in- employees, as am I, Blue Cross/Blue resolutely against the Medicare fee-for- dustry profits, the prohibition on nego- Shield, and many others; but they will service program that seniors will have tiated drug prices, and the stifling of get that juicy 15 to 25 percent discount. no choice but to join a private insur- prescription drug importation just Then the big plan kicks in in 2007. ance HMO. And it still means tests sen- might convince you. Why 2007? Because people, if it went iors. One more thing. While the drug and into effect sooner, if it was such a What else does this bill do? It creates insurance industries fair extremely great deal, people might figure out a $12 billion slush fund for HMOs to in- well under this legislation, the bill’s

VerDate jul 14 2003 02:46 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.073 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11193 authors decided to cut corners by bar- by 2010 under this bill. Insurance is You see, it is going to have a $250 de- ring 3.9 million seniors living at or about spreading the risk. When our ductible. And during that time, you near poverty from receiving low-in- homeowners policy comes due, sure, we have got to pay the monthly premium, come prescription drug assistance. complain; but when you think about which they say may be $35; but they Under the deal described this week- the fact that they will replace every- are not real sure what it will be, it end, a senior earning $8,000 a year may thing in our house and build us a new could be more. And then after $250 up still be required to pay as much as house if something happens, it is fairly to $2,000, Medicare is going to pay 80 $2,500 to $3,500 for coverage. That is not reasonable, the premium we pay. And percent and you pay 20 percent. That protection, Mr. Speaker. It is a cruel why is that? When is the last time you sounds pretty good. But on a $100 pre- joke. saw a home in your neighborhood burn scription, once you get to the $250 f down or get blown away? It does not mark and you are paying $20, what hap- happen very often. Insurance is about pens when you hit $2,000? All the way The SPEAKER pro tempore. Under a spreading the risk. up to $3,500 you are back paying the previous order of the House, the gen- Well, with seniors there is no risk to full $100. Medicare pays nothing. But tleman from Indiana (Mr. BURTON) is spread. Seniors require a lot of medi- recognized for 5 minutes. they still bill you monthly for this pre- cine and a lot of health care to either (Mr. BURTON of Indiana addressed mium. This is Medicare fraud. It is get well or to stay healthy. That is the House. His remarks will appear wrong. This is America, and we can do why we created Medicare 38 years ago. better than that by our seniors. hereafter in the Extensions of Re- So why do the Republican leadership f marks.) and the big drug manufacturers want f to privatize the Medicare prescription b 2045 The SPEAKER pro tempore. Under a drug benefit? Well, let me tell you why. The SPEAKER pro tempore (Mr. previous order of the House, the gentle- You hear about how prescription drugs NEUGEBAUER). Under a previous order woman from the District of Columbia are less expensive in other countries. It of the House, the gentleman from (Ms. NORTON) is recognized for 5 min- is true. I did a survey about a year ago North Carolina (Mr. COBLE) is recog- utes. where I compared the price paid by sen- nized for 5 minutes. (Ms. NORTON addressed the House. iors of the five most commonly used (Mr. COBLE addressed the House. His Her remarks will appear hereafter in brand-name drugs in my district with remarks will appear hereafter in the the Extensions of Remarks.) seven other countries. And guess what Extensions of Remarks.) we found: seniors in my district pay on f average 110 percent more than seniors f The SPEAKER pro tempore. Under a in these other countries. previous order of the House, the gen- EXCHANGE OF SPECIAL ORDER Now, why is that? Because America TIME tleman from Florida (Mr. MILLER) is is the only industrialized Nation in the recognized for 5 minutes. world where people go without health Mr. GUTKNECHT. Mr. Speaker, I ask (Mr. MILLER of Florida addressed insurance; 43.6 million of them today, unanimous consent to claim the time the House. His remarks will appear 10 million of them are children and the of the gentleman from North Carolina hereafter in the Extensions of Re- rest of them, for the most part, are (Mr. COBLE). marks.) people that are trying to do the right The SPEAKER pro tempore. Is there f thing and work jobs, but they are objection to the request of the gen- working the jobs with no benefits. tleman from Minnesota? FALSE PROMISE FOR AMERICA’S In other countries everybody has There was no objection. SENIORS health care. And in other countries f The SPEAKER pro tempore. Under a they tell the big drug manufacturers if PRESCRIPTION DRUG MARKET previous order of the House, the gen- you want your medicine, your brand in ACCESS tleman from Arkansas (Mr. ROSS) is our country, you are going to give us a recognized for 5 minutes. discount. And they do. And the drug The SPEAKER pro tempore. Under a Mr. ROSS. Mr. Speaker, after years manufacturers and the Republican previous order of the House, the gen- of talk about the need to help our sen- leadership know good and well that if tleman from Minnesota (Mr. GUT- iors with the high cost of prescription we have 40 million seniors under one KNECHT) is recognized for 5 minutes. drugs, it appears that sometime this plan in America, that we too will de- Mr. GUTKNECHT. Mr. Speaker, I week, or perhaps this weekend, this mand those kinds of discounts to help will not take the whole 5 minutes. I Congress will be voting. They will be offset the cost of this program. have been listening to the discussions voting on a bill that is nothing more So they want to privatize the plan about Medicare reforms, and I must than a false hope and a false promise and spread seniors out over about 100 tell my colleagues that some of the ar- for America’s seniors. In fact, Max plans and have 100 different insurance guments they are making on the other Richmond, the head of the National companies knocking on your door and side, I agree with. Some of them, I do Committee to Preserve Social Security calling and sending mail to your moth- not agree with. and Medicare, a nonpartisan, not bipar- er or dad or grandfather or grand- I do want to let Members know that tisan, but a nonpartisan, nonprofit or- mother all trying to sell them, what? in first hour there will be a special ganization, has been quoted as saying, Exactly the same plan. Privatization order, and I invite Members from the ‘‘Have you ever heard of Medicare will not work. Republican and Democrat and Inde- fraud? Well, this Republican prescrip- The third big problem with this is it pendent parties to join us tonight and tion drug bill is Medicare fraud.’’ is not really a meaningful benefit. talk about the issue of market access Let me tell you why. As I see it, Most people who are fortunate enough because I think that is one thing that there are three major problems with to have a private health insurance most Members here in the House agree the bill. Problem number one: the Re- company, and every plan is a little dif- on, and that is, that Americans deserve publican leadership actually had the ferent, but most people who are fortu- to have world class prices for world nerve to put language in the bill that nate to have private health insurance, class drugs. says the Federal Government shall be well, the first $3,500 worth of medicine As the gentleman from Arkansas prohibited from negotiating with the they pay about $700 out of pocket. (Mr. ROSS) was just saying, in the stud- big drug manufacturers to bring down Under this Republican prescription ies that he has done, in the studies that the high cost of medicine. That is in drug plan, on the first $3,500 worth of I have done, the studies that other the bill. Then they call it a seniors bill. medicine, seniors are going to get Americans have done, that have been Problem number two is the prescrip- stuck with $2,600 of it. All this talk in done by the press and other groups, tion drug plan will be privatized. And Washington amounts to $900 worth of they all come to the same conclusion; what is worse than that is the rest of help on the first $3,500 worth of medi- and that is that Americans pay by far Medicare could very well be privatized cine. and away the world’s highest prices,

VerDate jul 14 2003 03:22 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.075 H17PT1 H11194 CONGRESSIONAL RECORD — HOUSE November 17, 2003 even though we are the world’s best tions in 20 years. These are our ghosts woman from California (Ms. WOOLSEY) customers. of Christmas Past, the flurry of mis- is recognized for 5 minutes. Later on tonight, we will be talking taken optimism that failed to deliver Ms. WOOLSEY. Mr. Speaker, the Co- about that issue and whether or not on its economic promises. alition Provisional Authority which is there is a way that we, here in the Like the optimism of Christmas the title of the American authority House, can exercise the will of the peo- Past, this recent economic growth be- overseeing the reconstruction of Iraq, ple and get something done on that lies the fact that our manufacturing and the Bush administration which issue before we go home for the break. sector has cut jobs for the 39th straight created it, are openly dissatisfied with f month. My State of Texas, with 1.6 the stories the media has chosen to million lost jobs, ranks third in the broadcast regarding the United States’ BEWARE THE GHOSTS OF amount of manufacturing jobs lost role in Iraq. In fact, they say the news CHRISTMAS PAST since September of 2000. While the media too often covers the negative The SPEAKER pro tempore. Under a country may be making modest gains events that occur in Iraq, but rarely re- previous order of the House, the gen- in employment, 6 percent of America’s ports any positive happenings there. tleman from Texas (Mr. GREEN) is rec- workers are still unemployed. Almost They even pressured reporters to find ognized for 5 minutes. one-quarter of these 8.8 million people the so-called good news in Iraq or lose Mr. GREEN of Texas. Mr. Speaker, I have been out of work for more than 6 access in an attempt to manipulate the want to associate myself with the re- months. These figures do not even stories coming out of Iraq. marks of both my colleague, the gen- count the discouraged workers, 462,000 Let us keep in mind that over 400 tleman from Arkansas (Mr. ROSS) and Americans who have completely given American soldiers have died in Iraq also my colleague, the gentleman from up looking for jobs and are no longer since the start of the war in March. Ohio (Mr. BROWN) in the concern about on our unemployment roles. That is more than 11 brave young men what happened in the Medicare con- Fortunately, many former unem- and women killed each week. It is hard ference committee on prescription ployed workers have found jobs, but we to find the good news when our sons drugs. must examine the kind of jobs they are and daughters keep coming home in It is sad that we came here to talk turning to; 4.8 million Americans work body bags. And it is exceptionally in- about a prescription drug plan for sen- part-time, but only because they can- sulting to the families of these victims iors, but we are actually going to take not find full-time work, and many of to complain about media bias at the it away from them in the process. But these workers are former engineers, same time four helicopters have been the reason I am here tonight, Mr. former computer technicians who pre- destroyed by enemy fire over the last 2 Speaker, is to talk about the problem viously earned up to $60,000 a year, but weeks. we have in our country with the unem- now must settle for $7.50 an hour at a The situation in Iraq is getting less ployment. retail store. safe for our troops, not safer. In addi- Mr. Speaker, as we embark on what No amount of economic statistics can tion to the 404 troops killed in action, we hope will be our last week in ses- hide the realities that these people over 2,000 have been wounded and an- sions before the holiday recess, I rise to face. Our unemployed workers are other 7,000 have been evacuated for warn my colleagues about the ghost of hurting. Our unemployed families are noncombat medical conditions. And Christmas Past, the economic mistakes draining their savings to survive. And yet, the President continues to com- that Congress and this administration this Congress holds in its hands the plain about media bias. So what has have made on the eve of past holidays. ability to extend their unemployment the White House decided to do about Let us take time to learn from those benefits. the quote/unquote ‘‘unfair reporting’’ mistakes and not recreate them. Let me remind my colleagues that by the media? I can say with confidence that each the holiday season is the time of the Why, bypass that very media, of Member of this Chamber was pleased to year when we give thanks for our bless- course. The President’s handlers plan hear the impressive economic growth ings and extend our hearts to the less to influence public perception by cre- figures for July through September. fortunate. Last year, that important ating a government-run broadcast op- Over the past 3 years, this country has lesson must have been lost on the ma- eration to provide American news suffered through some of the worst eco- jority’s leadership, because Congress agencies unfettered access to the real nomic conditions since the Great De- packed up for the year without extend- stories in Iraq. This broadcasting sys- pression, and it was certainly uplifting ing unemployment benefits. tem which the administration unoffi- to see the reports of 7.2 percent growth That is right. Congress left town to cially refers to as C–SPAN Bagdad will in gross domestic product. While we re- enjoy the holidays and in doing so, left run via satellite 24 hours a day. C– main optimistic about an economic re- America’s unemployed workers in the SPAN Bagdad. More like American Al- bound for the country, I, however, cau- cold. Jazeera, the media giant that reports tion my colleagues against relying on Mr. Speaker, this year is no different. to the Arab world in a very biased fash- the sustainability of this economic Unfortunately, if we do not act soon, ion. growth. the Ghost of Christmas Past will be The White House is increasingly Economic indicators show that these forced to remind us of the tremendous aware, of course, that President Bush’s figures were the result of consumer mistake we made by withholding these fate in the upcoming 2004 election is di- spending and a tremendous boost in the benefits last year. Even Scrooge rectly linked to the progress of the war housing market. Yet with consumer learned from his mistakes. in Iraq. So bypassing the third-party spending outpacing consumer income, I implore the administration and my national media allows the Bush admin- it is clear that spending cannot fuel colleagues to let us take a hard, real- istration to mold public perception of our economic growth indefinitely. Let istic look at our economy and make the war effort. I think our country’s us remember our reaction to similar sure that any recovery helps the Amer- founders would be ashamed to know news in 2002. After months of job losses icans who have been most hurt by this that at the same time hundreds of our and a dismal economic growth, the downturn, and above all, let us pass the soldiers and thousands of Iraqi civil- country boasted growth of 5 percent in extension of the temporary unemploy- ians are dying, President Bush is the first quarter of 2002. Despite our ment benefits before we adjourn for the thinking about the chances for reelec- optimism, however, job losses contin- holidays. tion. That is nothing short of appall- ued and the next quarter yielded a 1.3 It is the right thing to do for our ing. percent growth. economy and for America’s unem- But equally appalling is that the This time last year we were cele- ployed. American taxpayer will finance this brating third quarter growth of 4 per- f shameful propaganda machine. That is cent, and like today, entering the holi- right. The administration is directing days with high hopes. Needless to say, IRAQ PROPAGANDA CAMPAIGN money from the $87 billion emergency our hopes were dashed and the country The SPEAKER pro tempore. Under a supplemental spending bill that Con- has since endured the worst job condi- previous order of the House, the gentle- gress approved last month to help pay

VerDate jul 14 2003 03:22 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.081 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11195 for the new Bush media machine. This Furthermore, the provisions in the an issue that is about the question of is not emergency spending. This is medicare agreement that deal with what is in the common good. campaign spending. This is propaganda prescription drug coverage are com- We have no problem in this country spending. Instead of trying to win the pletely inadequate in terms of benefit believing that fire departments and po- hearts and minds of Americans through structure. We are talking about a $275 lice departments and road systems and propaganda, President Bush should be deductible, a $35 monthly premium, 75– schools are issues of the common good. trying to win the hearts and minds of 25 coverage, in other words, 75 percent We all pay our taxes. We all get bene- the insurgents who are making Iraq paid by the Federal Government, 25 fits from them, and we have since 1964 less stable. He should show them a percent by the senior to the first $2,200 had a program in this country called United States to which burgeoning de- and no assistance until $3,600, at which Medicare which was a program in mocracies like Iraq can aspire, a point, the catastrophic is reached. So which everybody put their money and United States that would be a demo- there is a huge doughnut hole; basi- people over the age of 65 took out their cratic model for the rest of the world. cally, between $2,200 and $3,600, in as- money to pay for health care benefits I daresay an autocratic state-sponsored sistance, seniors get nothing. This when they needed them. Everybody got propaganda campaign is not a part of means that seniors will have to pay the same thing everywhere in the this model. nearly $2,600 before the government whole country. f pays for all drug costs. But there have been people in this The SPEAKER pro tempore. Under a Twenty million seniors or half of all Congress who have always thought previous order of the House, the gentle- seniors will be paying premiums year- that the idea of doing something col- woman from California (Ms. SOLIS) is round but would have no coverage for lectively was somehow, I do not know, recognized for 5 minutes. part of the year due to this large gap or socialism or something bad. I do not (Ms. SOLIS addressed the House. Her doughnut hole in the coverage. know. They believe that everybody remarks will appear hereafter in the Now, the combination of this insuffi- should be individually responsible for Extensions of Remarks.) cient benefit combined with watered- themselves, that they should be on their own and that they should deal f down generic provisions, watered-down reimportation provisions, and the pro- with these things in a market, like TENTATIVE AGREEMENT ON hibition of the Medicare Administrator they were buying cars or buying refrig- MEDICARE CONFERENCE REPORT to negotiate lower drug prices brings erators or television sets. The SPEAKER pro tempore. Under a me to my point that this Medicare So we have a bill before us that is previous order of the House, the gen- final agreement is a giveaway to the going to undo what we have had in this tleman from New Jersey (Mr. PALLONE) name-brand pharmaceutical industry. country for senior citizens for the last is recognized for 5 minutes. Mr. Speaker, there are so many fun- 38 years. They have been waiting. They Mr. PALLONE. Mr. Speaker, I rise damental problems with this upcoming have been trying to do this for 4 or 5 this evening to express my extreme dis- Medicare agreement beyond what I years. appointment regarding the tentative have discussed tonight. There is no I was on the Medicare commission. agreement that has been reached by Medicare fallback in this bill that is fa- One of the Members of the other body the Republicans in Congress with re- vorable to seniors. We expect 2 to 3 and the gentleman from Michigan (Mr. gard to Medicare and prescription million retirees to have their coverage DINGELL) of this body and I represented drugs. dropped. Ten million, or one out of the Democrats on that commission, Mr. Speaker, the source of my frus- four, seniors will be forced to pay more and we managed to hold off the dis- tration stems from the fact that this for Medicare or to join an HMO. Low- aster which is being foisted on the sen- agreement is not good public policy. It income seniors are not financially pro- ior citizens and the country itself in is not good for seniors or any Medicare tected and will be subject to an assets the next week. consumer and it does nothing to reduce test for the first time in Medicare his- This attitude about the common the cost of soaring prescription drugs. tory. And the Medicare Part B will rise good really began to be undermined What this bill does, simply stated, is for the first time in 12 years. Means under Mr. Reagan. It was his campaign it kills the Medicare program and, in testing will be implemented in the slogan in 1980: Are you better off than the process, shores up hundreds of bil- Medicare program for the first time in you were 4 years ago? Not are ‘‘we’’ lions of dollars of funding for the HMO its history, and tax sheltered accounts better off than we were 4 years ago, but industry and for the name-brand phar- for the wealthy are going to be part of are ‘‘you.’’ maceutical industry. If this so-called this bill, even though it is not really a This bill is going to say we are going deal is enacted into law, make no mis- Medicare bill. to guarantee a premium support to take about it, the Medicare program Mr. Speaker, the list of problems in every senior citizen in this country; we will be privatized. Medicare, as we this so-called Medicare agreement is are going to write them a check, $5,900, know it today, will be turned into a overwhelming, and I really do not $6,000, $6,300, whatever; and we are voucher system and seniors will be know how the Republicans or groups going to say now you, grandma, take forced into HMO’s. like the AARP or the President and that check out and find yourself an in- Republicans are trying to fool us into others who have endorsed this agree- surance company that will take care of believing that their privatization pro- ment can live with their deceit and ill what your needs are. You can stay in visions are merely a demonstration will against America’s seniors. the program of Medicare as we know it, project or a test, but nothing could be but since the healthy and the least sick further from the truth. f will go out and find these good deals Mr. Speaker, the Republican Medi- b 2100 somewhere, who will be left in the reg- care provisions are unacceptable be- ular program? The old and the sick. cause they have nothing to do with UNDERMINING THE WHOLE The price per person is going to go prescription drugs. The ‘‘demo’’ goes CONCEPT OF MEDICARE up, so they are going to raise the pre- way beyond the scope of providing sen- The SPEAKER pro tempore (Mr. mium on anybody who stays in the reg- iors with prescription drug coverage, TANCREDO). Under a previous order of ular program. Is that thinking about and, in fact, aims to bankrupt seniors, the House, the gentleman from Wash- the common good, that we are going to denying them their right to adequate ington (Mr. MCDERMOTT) is recognized pick on the ones who are the old and health care under Medicare, and ulti- for 5 minutes. the sick, and we are going to let the mately forcing them into HMOs be- Mr. MCDERMOTT. Mr. Speaker, I young and the healthy seniors go off cause they can no longer afford Medi- want to associate myself with the re- and make a good deal somewhere? No, care. marks of the gentleman from New Jer- it is not. It is wrong, it is un-American, This is exactly where the insurance sey (Mr. PALLONE). This week is one of and it is undermining the whole con- companies come in to get their big pay- the most important weeks that I have cept of Medicare. off because greater risk and cost are seen in the 16 years I have been in the The idea that all seniors put their shifted to senior citizens. Congress because we are dealing with money into the pot, nobody sits around

VerDate jul 14 2003 03:22 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.083 H17PT1 H11196 CONGRESSIONAL RECORD — HOUSE November 17, 2003 in this country and says, gee, I hope I I guess I decided if they wanted to go That same package of drugs here in the get sick so I can use some money out of to Canada to buy their drugs, that is United States, same product, made by the pot. There is nobody that crazy in fine by me; and I never thought much the same company, under the same our country. Everybody wants insur- about the issue. FDA approval, sells here in the United ance there when they are sick and par- They continued to pester me about States not for $21 but for $89.95. ticularly they want to feel inde- this, saying things like, why is it we as Glucophage, a miracle drug for diabe- pendent, they have taken care of it seniors are treated like common crimi- tes, a drug that we purchased in Ger- themselves. It is not their children nal, just because we are trying to save many, 30 tablets, 850 milligrams, $5 in that have to do it or their grand- a few bucks on prescription drugs; and Germany, $29.95. children. still I did not pay much attention to Pravachol, Prozac, Synthroid, all the My father died a couple of years ago the issue until something totally unre- same story. Come down here to this at 93. My mother is 93, and we four kids lated happened. one, and this is the one that really gets in my family have not had to spend The price of pigs collapsed. Live hogs to my gizzard, and that is the issue of anything on our mother’s health or our dropped from about $37 per hundred the anticancer drugs, where we, Amer- father’s health. Like every American, weight down to about $7, and we ican taxpayers, have paid so much to we pay our taxes into the pot, and they produce a lot of hogs in my part of the develop these drugs. Tamoxifen, we have taken out when they needed to; world. My pork producers kept calling bought, in fact the actual number, we and that has gone on over the entire me saying, Congressman, can you not rounded it off here. It was $59.05 for 60 country. do something about this; and so I tablets, 20 milligrams of Tamoxifen. What they are saying in this bill is called the Secretary of Commerce, and An amazing drug, a miracle drug in send your mother out and let her pick I called the Secretary of Agriculture. I terms of the treatment of breast can- her own plan. That is wrong; and as we got essentially the same answer. I cer. That same drug we checked here in watch this debate, understand that is should finish the story. What they real- Washington, D.C., local pharmacy, $360, what they are saying to every senior ly complained about was all of these six times more in the United States. citizen. Here is your money; good luck, Canadian hogs coming across our bor- Here is what really chaps my hide. Grandma; I hope you find something ders making our supply-and-demand American taxpayers paid to develop for yourself. situation even worse, and they said can that drug. As a matter of fact, through I hope every Member votes ‘‘no’’ on you not do something at least about all the NIH we paid to take that drug all this. We could do better than this. these Canadian hogs. the way through phrase two trials. The I called the Secretary of Agriculture, American taxpayer paid to take that f called the Secretary of Commerce, got drug through phase two trials, and The SPEAKER pro tempore. Under a essentially the same answer. They said, then we licensed it to one of the phar- previous order of the House, the gen- well, that is NAFTA. That is free trade. maceutical companies, and they sell it tleman from Ohio (Mr. STRICKLAND) is We cannot stop the Canadian hogs from back to us. recognized for 5 minutes. coming in, and all of a sudden a Clearly, we ought to pay our fair (Mr. STRICKLAND addressed the lightbulb went on over my head, and I share of the cost of research. I think House. His remarks will appear here- said, wait a minute, you mean we have we ought to subsidize the people in sub- after in the Extensions of Remarks.) free markets and free trades when it Saharan Africa, but I do not think the f comes to pork bellies, but not when it American taxpayers and the American comes to Prilosec? I think the Sec- PRESCRIPTION DRUG PRICES consumers should have to subsidize the retary of Commerce sort of chuckled starving Swiss or the starving Ger- The SPEAKER pro tempore. Under and said, well, I guess that is right. mans. It really is time for them to pay the Speaker’s announced policy of Jan- That is when I began this little cru- their fair share. uary 7, 2003, the gentleman from Texas sade of mine, and I began to study this Mr. Speaker, we have to ask is it (Mr. NEUGEBAUER) is recognized for 60 issue even more, and Mr. Speaker, the really fair to make American con- minutes as the designee of the major- more I have learned, the more I real- sumers pay six times more for a drug ity leader. ized we in Congress need to do some- that they paid to develop and take Mr. NEUGEBAUER. Mr. Speaker, I thing about this because we created through phase two trials? This story yield to the gentleman from Minnesota this environment. Unlike some of my goes on. (Mr. GUTKNECHT). friends on the left, I usually do not If we look down here at Zoloft, $82.52 Mr. GUTKNECHT. Mr. Speaker, I spend a whole lot of time saying shame in Germany, $132.95 for American con- want to thank the gentleman from on the pharmaceutical companies. I sumers and the story goes on; and some Texas (Mr. NEUGEBAUER) for yielding to say shame on us because essentially we people say, well, that is because in me, and I want to thank him for claim- have created an environment that they some countries they fix the prices. ing the time. are taking advantage of. We protect They have price controls. In some re- I rise tonight to talk about an issue them like no other product from for- spects that is true, but it is not always where we have had a lot of discussion eign competition, but let me talk first true. so far tonight. We have had a lot of dis- about the differences between what we For example, in Great Britain, the cussion during this entire legislative pay in the United States versus what pharmaceutical companies can sell session. In fact, we have had a lot of they pay in the rest of the industri- their drugs for whatever they want. discussion for a number of years, and alized world. There are no price controls in Great that is the issue of the price that Let me give my colleagues some ex- Britain. That is according to a report Americans pay for prescription drugs amples. We were in Munich, Germany, that was done and paid for by the Phar- relative to the rest of the industri- earlier this year; and we purchased 10 maceutical Association in Europe, alized world; and the gentleman from of the most commonly prescribed pre- done, we have a copy of it in my office; Texas (Mr. NEUGEBAUER) was good scription drugs off the shelf at the Mu- and if any Member would like a copy, enough to join us in what really is an nich airport pharmacy, and here are they can just call and we will send overwhelming majority of Members of some of the prices we paid. them a copy. Essentially what they do the House who voted on this issue ear- We bought 10 tablets of Cipro, 250 in Great Britain is they can charge lier this year. milligrams for $35.12 American. That whatever they want, but the British It all started several years ago for me same product here in Washington, D.C., medical plan will only reimburse so when I went to a town hall meeting in is $55. We bought Coumadin. That is a much for these drugs, and they found Faribault, Minnesota, and there were a drug my father takes. It is a blood that consumers in Great Britain have a lot of seniors there; and they were thinner that was developed at the Uni- tremendous amount of resistance to talking about their trips up to Canada versity of Wisconsin. The generic paying huge co-pays. to save some money on prescription version is called Warfarin. It actually I have a drug here, Cipro, a mar- drugs. It was a little like a Nolan Ryan is a rat poison. We bought it in Ger- velous drug. We bought this in Ger- fastball. It just blew right by me, and many, 100 tablets, 5 milligrams for $21. many, $35 in Germany, $55 here in the

VerDate jul 14 2003 03:22 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.086 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11197 United States, and my colleagues do and it is an easy number to remember, KNECHT, we are going to create these not have to take my word for it. They it is zero. It is a nice round number. systems, sort of like the Federal Em- do not have to just take my word for it Now, you contrast that to how many ployees Health Benefit Plan, and that now. More and more of the media are people get very ill and die every year is going to bring down and hold down actually doing their own research, and from food-borne pathogens. Now, it is the price of prescription drugs. Well, here is another copy and Members can the Food and Drug Administration, and we have some evidence of just how well get a copy of this by going to my of- yet for some unknown reason, some the Federal Employees Health Benefit fice, calling my office. I think we may reason unknown to me, we have set, for Plan does in terms of lowering the cost even have this on our Web site. There things like Cipro, we have set the bar of prescription drugs. Let me give some is one done by USA Today. This was impossibly high. We have an absolutist examples. done by the Associated Press; and I standard. But when it comes to fruits For example, the Blue Cross/Blue will not bore my colleagues with all and vegetables, we barely even look at Shield plan that services Federal em- the numbers, but they are exactly the them when they come into the coun- ployees, they do get a discount on same, and they compare the prices. try. Coumadin. I mentioned here that For example, Lipitor in the United The bottom line is you can get just Coumadin, at the retail price in the States, the best price they could find as sick, as a matter of fact you can die, United States, can be $90, or $89.95. online in the U.S., 10 milligrams, 90 from food-borne pathogens. By their Well, the Blue Cross/Blue Shield plan tablets each, Lipitor, $207.99. One can own studies, the FDA acknowledges does not pay $89.95. They get a dis- buy that drug in Canada, the online that 2 percent of the fruits and vegeta- count. They buy it for $55.31. The Mail bles that come into the United States price, $132.07. Paxil, $80.99 in the United Handlers Plan, however, does not get every day, 2 percent of them, are con- States, $40.80 in Canada; and those sto- their drugs for $55, they pay $72.24. My taminated with food-borne pathogens, ries go on and on. Vioxx, an amazing colleagues, you can buy that same drug including things like salmonella. My drug. I guess it is an antirheumatoid- off the shelf in Munich, Germany, at colleagues, if you get salmonella, and type drug. Fortunately, I do not have the Munich Airport pharmacy, for $21. particularly if you have any other kind to take it yet, but it is $85.99 in the In other words, the Blue Cross/Blue of medical problem going on in your United States. It is only $36.17 in Can- Shield plan pays more than double system at that time, you can die. ada. We know, for example, in the last 2 what the Blue Cross/Blue Shield Fed- But the real issue is, why is it that years, that 2,264 Americans have be- eral Employees Benefit Plan does. And it goes on. Take Glucophage. We the world’s best customers pay the come seriously ill from eating rasp- talked about Glucophage. Well, this is world’s highest prices? That is a fair berries from Guatemala. Do we stop in a different quantity. We are talking question. It seems to me we as policy- raspberries from Guatemala from com- about a larger prescription. But the makers for the United States of Amer- ing in today? I do not think so. Forty Glucophage they are buying using the ica ought to ask that question, and we percent of the orange juice that Ameri- Federal Employees Benefit Plan, they ought to demand better answers. cans consume comes from other coun- I want to come back to something I tries, and yet it comes right in. They buy it for $90 for the Blue Cross/Blue mentioned earlier; and I had the Con- say, well, gee whiz, somebody might Shield plan. The Mail Handlers pay gressional Research Service do a little get in there and contaminate the drug $118. The HMO plan, they get a heck of research for me, and I asked is there supply. What about contaminating the a deal, they buy it for $18.30. But you any other product class that you can orange juice supply? It seems to me we can buy it right off the shelf in Ger- think of where we provide so much pro- have this ridiculous measure when it many for $22 for that exact same drug. And the story goes on with all of the tection from competition from the comes to safety for prescription drugs plans. And Members, do not take my same product from abroad? They went and virtually no measure when it through and they did some research, comes to our food supply. word for it. This is information that and in fact, I will just read from what Now, I am not saying we need to have was done by the gentleman from Okla- the CRS says, and they are our official a much stronger implementation of a homa (Mr. ISTOOK) and his sub- researcher. I will quote. It said: ‘‘We security system for fruits and vegeta- committee staff, where they did some have been unable to locate any statu- bles, but it seems to me if you are comparisons about what we pay even tory provisions similar in language and going to have one standard for fruits through the Federal Employees Benefit structure to the one in the Food and and vegetables and another standard Plan versus prices off the shelf in Can- Drug Cosmetic Act.’’ In other words, for prescription drugs, at least we, as ada, in Europe, and other industri- nobody enjoys that kind of protection. public policymakers, ought to demand alized countries. And the answer is Matter of fact, they went even fur- some kind of a rationale from the Food that in every category we pay a lot ther. They said: ‘‘As indicated above, and Drug Administration. more, even with the discounts that we our research has uncovered no other Now, the bill we are going to prob- get for the Federal employees. statute that contains language similar ably consider here at the end of the As I say, I think we ought to pay our to that in section 381(d),’’ and this is week does nothing about allowing fair share, and I believe research is im- the interesting thing. Even heavily Americans to have access to world- portant. I am vice president of the regulated industries such as chemicals, class drugs at world-market prices, and Committee on Science, and I am proud pollutants and munitions are not ap- I think that is a terrible mistake. Be- of the fact we Americans represent 6 parently subject to the statutory pro- cause I think, here in Washington, we percent of the world’s population, but visions limiting reimportation of the have spent so much time talking about we represent over half of the basic re- product to its original manufacturer. coverage, we have to find ways to get search done in the world. That is im- people coverage for prescription drug portant. And I think it is important b 2115 benefits, that we have missed the big that the pharmaceutical companies In other words, there is no other picture. The issue is not so much about continue to do that kind of research. product class. coverage. Every senior in America But I think Members have to under- Now, some people say, well, safety. It qualifies to buy prescription drug cov- stand that we subsidize that research is all about safety. We want to protect erage. They can buy it through the here in the United States in three sepa- the consumers. Members, understand AARP. Prescription drug coverage is rate ways. this, we keep incredibly good records in available in lots of ways from lots of First of all, we subsidize it through terms of how many people have become sources. The issue is not coverage, the the Tax Code. Now, when these phar- seriously ill or died from taking drugs issue is affordability. And that is the maceutical companies say, well, we from other countries. The FDA keeps tragic problem with the bill that we spend so much on research, well, you those records and the CDC keeps those will consider later this week, and that might just ask them how much are you records. As far as we can determine, is that it does precious little to deal able to write-off on your Federal tax and this is under testimony that was with affordability. forms? And if you do business in Puer- given in front of a subcommittee of the Now, the sponsors are going to say, to Rico, how much Federal income tax Committee on Government Reform, well, wait a second, Congressman GUT- do you pay? And in addition to that, is

VerDate jul 14 2003 03:22 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.089 H17PT1 H11198 CONGRESSIONAL RECORD — HOUSE November 17, 2003 it not true over the last 10 years you be people who have prescription drug to present some of these things to- have taken over $28 billion in invest- coverage today, through their former night. I know that not everyone agrees ment tax credits for the research that employers, who are going to be pushed with me. I try to be respectful when I you do; for research and development off of the system and all of a sudden debate and discuss these, but it is such tax credits? So you add it up, and the they are going to be thrown into this an important issue. And if I could just net real cost to the pharmaceutical in- new government plan, and what they close with one other point, because dustry is much less than they some- are going to find out is it is not as gen- some people say this cannot be done times say. erous as the plan that they had safely. And, incidentally, more and more through their former employer, for the Members, I would encourage you to independent groups, bipartisan groups, most part. And they are not going to be take a look at the newest technology nonpartisan groups are coming to the happy. that exists today. This is not pie in the same conclusion, and that is that the I think a lot of conservatives and sky. I have the technology right here pharmaceutical industry is now spend- taxpayers are not going to be happy in this little vial literally about 100 ing more money on marketing and ad- when they see the cost of this. And I computer clips. And within 2 years, vertising, in fact, in some cases some think as they look at the final issue, if most of the products being sold at Wal- companies dramatically more on mar- next year they look at the system and Mart stores will have these on them. keting and advertising than they are say, wait a second, you mean even This is the new UPC codes. And these for research. So research is important, after this, we are still going to be little computer chips in this vial, there but we pay for it through the Tax Code. spending $360, or some number, let us are about 100 of them, they are so We subsidize it through the Tax Code. say we get a 15 percent discount or a 20 small you cannot see them, but they We subsidize it also in the amount percent discount off $360, that is rough- will be able to track that product lit- that we spend on research. I mentioned ly a $72 discount, that gets the prices erally so that you will know when it that I am proud of the fact that we fi- down to about $290. That still is a lot runs through the scanner that this nance an awful lot of research with more than they are paying in Europe Cipro was produced at the Munich, Ger- taxpayers’ dollars here in Washington. for the same drugs. many, plant on September 3, 2001 at 1 This year we will spend upwards of $27 No, I think Americans should pay p.m. in the afternoon and it is in fact billion through the NIH, the CDC, even their fair share. I think we are paying Cipro. the Department of Defense on research our fair share. But I think if we pass So the idea that we do not have the projects which will directly or indi- this bill later this week without deal- technology to do this today is really rectly benefit the pharmaceutical in- ing with the fundamental cause, or one laughable. It exists. It is being used on dustry. of the fundamental drivers of this other products. It will expand and be And then, finally, of course, the way whole debate in affordability, it seems used even more. But, Mr. Speaker, and we subsidize them is in the prices we to me we are making a huge mistake. particularly the gentleman from Texas pay. I think once is enough. I think And it is one I think the voters will not (Mr. NEUGEBAUER), I appreciate having once we help to develop Taxoxiphen, we be appreciative of once they begin to the opportunity to present some of ought to at least be able to buy it at realize. these things. If Members would like world market prices for American con- Yes, we need to reform Medicare. We more information from my office or sumers. have 50 million baby boomers moving want to go to my Web site, simply go This is a huge issue, my colleagues. on their way towards retirement. And to gil.house.gov. We have some great And it is one that more and more sen- it is inevitable that as we go forward, charts which explain this. iors, and not only seniors but Amer- we have to do something about reform- As John Adams said, ‘‘Facts are stub- ican consumers in general understand ing the Medicare system. We have to born things.’’ This is a stubborn thing. this issue. And I think there is a feel- make it fairer. We have to give con- This chart is not going to go away. And ing here that if we just pass this pre- sumers and seniors more choices. But if under the bill we are considering this scription drug benefit plan that some- we are going to add a prescription drug week, it will not change much. Ulti- how this will go away. Well, Members, benefit to the package, this new $400 mately, we have the power to change you need to understand a few things billion entitlement, and going up in my it. The FDA works for us, not the other about, ultimately, the facts about this opinion, then it seems to me we have way around. It is not shame on the prescription drug benefit. And I am not an obligation to make sure American pharmaceutical industry, it is shame here to criticize the Medicare reforms, consumers, American taxpayers are on us. I think most of the Medicare reforms getting their monies worth. f we are talking about in this bill are So I would hope that Members would very good, very necessary, and perhaps at least pause and ask the question DECLINING MEDICARE REIM- even overdue. But when you start talk- what are we going to do about opening BURSEMENT FOR PHYSICIANS ing about the prescription drug benefit, up markets? What are we going to do The SPEAKER pro tempore (Mr. I hope you will understand, at least to control the cost of these prescrip- TANCREDO). Under a previous order of from my perspective, the facts: tion drugs? What are we going to do to the House, the gentleman from Ala- First of all, this bill, they purport, is make them more affordable for Amer- bama (Mr. GINGREY) is recognized for 5 going to cost $400 billion. I think it is ican consumers? I think the answer ul- minutes. going to be a lot more than $400 billion, timately to me is quite simple, and Mr. GINGREY. Mr. Speaker, I rise because we do not have effective ways that is give the market access. Do again today, as I have a number of of dealing with the cost, we are going what we do with those pig producers, times before, to call attention to de- to pay in the affordability of these require some competition across the clining Medicare reimbursements for drugs. But let us say it is $400 billion. border. Allow prescription drugs to physicians. Well, the CBO tells us virtually every work as virtually every other market Effective January 1, 2004, physicians dollar of that is going to have to be does. and other providers paid pursuant to borrowed. To pay for this new entitle- When markets work, when competi- the Medicare physician fee schedule, ment, we are literally going to have to tion works, prices will level. And the face at least a 4.5 percent cut in borrow the money from our kids and net result is that we will pay consider- reimbursements. grandkids. In some respects, I think ably less in the United States. And that is a terrible tragedy. some of the people in other industri- b 2130 But as we look at the overall issue, alized countries are going to probably Mr. Speaker, I have been outspoken what is going to happen is next year, have to pay a little more. But that is on this issue and have described several by the time people begin to understand the way markets work. They tend to instances in which the citizens of Geor- this, they are going to say, now, wait a level. gia and our Nation will be negatively second, and whether it is going to be 16 Mr. Speaker, again I want to thank affected by this cut. There is a staffing percent or 36 percent, no one really the gentleman from Texas (Mr. issue within the trauma center at knows, but we do know this, there will NEUGEBAUER) for giving me the chance Grady Memorial Hospital in Atlanta.

VerDate jul 14 2003 04:12 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.091 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11199 Dr. Harry Sherman in Augusta is con- version of the Medicare conference re- representative democracy and hope- templating retirement due to a lack of port. fully a pluralistic society in Iraq. adequate Medicare reimbursement and I cannot overstate the importance of Recently the administration has an- the high cost of liability premiums. just this one piece of the overall Medi- nounced a change. They will no longer And more specifically, I demonstrated care bill. It is my hope this will allow ask that the Governing Council in Iraq the decreasing reimbursement for, and for the continued access to quality be responsible for writing a new con- thus the eventual reduction in access health care for our seniors. I am proud stitution and holding new elections be- to very common procedures provided to that as the door was slamming shut on fore America gives up authority for the Medicare recipients. our seniors’ health care, this Congress reconstruction and the occupation of I would like to bring the attention of stood up, and will stand up, in a bipar- Iraq. my colleagues to a survey conducted tisan fashion and hold this door open. Instead, Mr. Speaker, we are now by the American Academy of Family Mr. Speaker, one of the greatest putting time limits on our occupation. Physicians. This survey is not nec- achievements of the Medicare program We have apparently announced that we essarily scientific, but I believe it is in- is the access to high-quality care it has will give to the Iraqis the responsi- dicative of the problem we are facing. brought to our Nation’s seniors and bility for their reconstruction next AAFP found that 24 percent of family disabled patients. This level of access summer, although the President has physicians no longer accept new Medi- is more likely to continue in light of been clear, and I agree with the Presi- care patients. After the 4.5 percent cut this temporary fix. This legislation dent that we must continue to keep was announced, AAFP surveyed again will allow Congress and the Center for our forces there to make sure the ty- to find out what its members would do Medicare Services the time to work to- rants and the murderers do not come if the cut takes effect. As detailed in a gether to finally find a more perma- back if the Iraqi democrats-to-be fail release from the American Academy of nent solution by revamping the Medi- to move forward and secure their coun- Family Physicians, only 36 percent care payment formula. try. said they would take new Medicare pa- Doctors are the linchpin of the Medi- The question is what is the best pol- tients if these new cuts occur. care program. Let me say that a pre- icy for this country? How do we best Mr. Speaker, come January, doctors scription drug plan is no benefit at all achieve a stable and secure Iraq, which are going to take a cut in their reim- unless there are physicians willing to is a goal all of us share? How do we bursement for treating our Nation’s accept Medicare patients and to write best achieve the creation of a plural- most needy individuals. There is an old those prescriptions. We need to pass istic society? How do we best establish saying, however, that the night is al- this conference report and pass it now. a representative government based ways darkest just before the dawn. f upon principles of self-government and With a physician-reimbursement dis- tolerance and cooperation with the aster looming, Congress is on the verge IRAQ WATCH rights of women protected, with shar- of a breakthrough. Housed within the The SPEAKER pro tempore (Mr. ing of responsibility between the three Medicare modernization bill is tem- TANCREDO). Under the Speaker’s an- great ethnic groups in Iraq, the Sunnis, porary relief for the medical commu- nounced policy of January 7, 2003, the the Shiites and the Kurds? How do we nity. House and Senate negotiators gentleman from Pennsylvania (Mr. best achieve this in the face of a secu- have announced an agreement that will HOEFFEL) is recognized for 60 minutes rity threat in Iraq where our troops are potentially bring this legislation be- as the designee of the minority leader. not safe, where the guerilla attacks fore the Congress this week. I thank Mr. HOEFFEL. Mr. Speaker, I am against our troops continue, where the gentleman from California (Mr. here tonight with my colleagues to re- there is no Iraqi Army yet ready to THOMAS) and the subcommittee chair, sume the Iraq Watch we have been con- step forward to provide for its own se- the gentlewoman from Connecticut ducting almost every week on the floor curity, where the Iraqi police are not (Mrs. JOHNSON), and those from the since sometime last spring. I believe it yet capable of providing for security other Chamber, such as Senators was April that we started speaking domestically? How do we best proceed? FRIST, GRASSLEY, BAUCUS and BREAUX, every week on the floor about our con- Some fear that the President after who have worked so hard to get us to cerns about our policies in Iraq, trying holding on to power and not allowing where we are today. to ask questions, trying to seek an- the Iraqi Governing Council or any I encourage all of those involved in swers from the administration regard- other group to have any decision-mak- this process to continue to act in the ing the policies that we have been pur- ing power, some fear that the President best interests of the American people, suing. Also, we have been suggesting now is moving too quickly to give up but especially our seniors and the med- changes that we would like to see in power to the Iraqis; and I think it is a ical community on which they so des- those policies. Of course, a lot has hap- very legitimate question because if we perately depend. Let me be clear, as a pened in Iraq since last spring, since leave too early, if we leave a vacuum in physician Member of the United States the very impressive and brave work of any way in Iraq, only bad things can House of Representatives, I believe our military men and women, the im- happen, whether Saddam Hussein or that we must pass the Medicare con- pressive victory that they won over his followers attempt to come back, ference report now. For nearly 40 Saddam Hussein, a victory no one whether a new group of lawless thugs years, Medicare has provided necessary thought was in doubt, but everyone attempt to take over, whether forces health care to millions of patients was happy to see with minimal loss of from other countries attempt to infil- across this country. Another steep cut life. We thought that the military per- trate and take over Iraq, none of that in reimbursement rates would have formed with great courage and great would be good. None of that would be been devastating for the physicians skill. good for the Western democracies; none who care for Medicare patients; but Since that time, of course, it has be- of that would honor the sacrifices that with the language that has been craft- come clear as the military battle was brave young Americans have made, in- ed, the physician-reimbursement up- conducted, the planning for and the ac- cluding those who have made the ulti- date would be a positive 1.5 percent. tual reconstruction and security of mate sacrifice and have died serving This chart is representative of the Iraq has been very poor. We have all their country. positive impact the current Medicare been disappointed in the difficulties. A premature departure from Iraq by legislation will have on Medicare pro- The continuing casualties have been this country could lead to a less stable viders throughout the country. For ex- heartbreaking. The inability to get the country in Iraq. It could lead to a less ample, New York will see a benefit of American-appointed Governing Council stable Middle East. It could allow Iraq $865 million; Washington State benefits to work effectively to try to bring the to become a haven for terrorists, which $155 million; Texas, $641 million; and Iraqi society together has been dis- is a process, unfortunately, already most important to me and my col- appointing. I think the Bush adminis- under way, a haven which did not exist leagues from Georgia, our State will tration finally understands they need when Saddam Hussein was in power. As benefit $254 million. All 50 States will to change their plan for the ultimate murderous a tyrant as he was, he oper- see a positive impact from the current creation of a new government and a ated in a secular fashion and did not

VerDate jul 14 2003 03:22 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.093 H17PT1 H11200 CONGRESSIONAL RECORD — HOUSE November 17, 2003 apparently have relationships with the ability and the burden of reconstruc- can more quickly and more effectively religious fundamentalists and extrem- tion would be shared with an organiza- and more safely stabilize Iraq, estab- ists that form al Qaeda and other ter- tion that is created to do that very lish a pluralistic society, and move rorist groups. But now with the insta- thing. them towards self-government. bility in Iraq, it has become a magnet Secondly, I do not believe, Mr. Now, Mr. Speaker, I would like to for those who want to attack Ameri- Speaker, that anyone, the United turn to my colleague, the gentleman cans and disrupt the search for peace in States, the United Nations, or anyone from Massachusetts (Mr. DELAHUNT), the Middle East. else, will have success in the stabiliza- one of the senior members of the House It is my view, Mr. Speaker, the way tion of Iraq, not the least of which I Committee on International Relations to best achieve our national goals in would include the Iraqi Governing and a founding member of Iraq Watch, Iraq is to recognize that while this Council itself, unless we establish secu- my good friend. country is uniquely capable of winning rity in Iraq, and that has not been Mr. DELAHUNT. Mr. Speaker, I military victories and facing down ty- done. Again, I think it is asking too thank the gentleman. It is good to be rants and working for the liberation of much of our American military to be- here with my colleague tonight and oppressed people, we are perhaps not come a long-term occupying power, to share a few observations regarding this best suited for nation-building; that we have our young men and women serv- situation in Iraq. Also, I think at some are probably not using our resources ing in what, in parts of Iraq, seems to point in time, I think it is necessary to and our skills to our highest potential be, literally, a shooting gallery, with 20 present some information to the Amer- when we get bogged down in having to or 25 daily attacks on American Forces ican people and to those who are listen- administer a country. It is admirable and our Coalition Forces. We are not in ing here tonight relative to what is that we are willing to pay for the re- a position to have secured Iraq. We transpiring in Afghanistan. construction or some of the reconstruc- clearly need more troops to do that. I think to sum up what the gen- tion of a nation, and that is a great and Yet, in my view, it should not be Amer- tleman said, one only has to look at wonderful American tradition of re- ica’s burden to send more troops. the cover of the November 3 edition of building vanquished foes and those less So I would say that it is by far the Newsweek magazine, and it is entitled, fortunate. But how do we best achieve best strategy to turn to NATO, the ‘‘Bush’s $87 Billion Mess. Waste, Chaos, this stabilized society, representative North Atlantic Treaty Organization, and Cronyism. The Real Cost of Re- government and the creation of a plu- which is a military organization, to building Iraq.’’ ralistic society where tolerance and provide security in Iraq. NATO, of It has become a matter of concern, as economic freedom and personal liberty course, historically never fired a shot, the gentleman well knows, not only to can flourish? was designed as a defensive alliance to Members on this side of the aisle, I am here tonight to say that I con- keep the world safe from any hostility Democrats, but clearly to our col- tinue to believe that we should turn to from the Soviet Union. In the conflict leagues on the Republican side, par- our multinational organizations such in Kosovo, the NATO forces were used ticularly in the United States Senate, as the United Nations, NATO, and oth- for the first time out of the traditional because if there is any term that best ers, to help us with nation-building in confines of Europe, or at least on the characterizes what is occurring, it is Iraq. I would point out that the United southern stretches of Europe, used for chaos. Nations is perhaps uniquely qualified the first time in a proactive way to de- Mr. Speaker, in our previous efforts through experience and organization to feat another tyrant, another dictator, in terms of Iraq Watch, we discussed be responsible for reconstruction and Milosevic, in Kosovo. And NATO per- the lack of post-major combat phase nation-building. formed brilliantly and was able to lib- planning. And again, that opinion was In fact, this is what the United Na- erate that country from the abuses of shared by many, most specifically, the tions was created to do in 1945. I fear that dictator and has also now moved chairman of the Senate Foreign Rela- that an almost irrational opposition to into Afghanistan to take over some of tions Committee, RICHARD LUGAR who, the notion and the concept of the the security functions in that country. in fact, had written an article that I United Nations from some on the other I believe that NATO would be the ap- thought was very incisive and appeared side of the aisle is preventing this propriate international organization to in the Washington Post. But not only country from calling upon the United provide security in Iraq while we turn do we not have a plan, but the plan Nations to assume this burden. There to the United Nations to take primary seems to change almost on a daily are many reasons why I would like to responsibility for the reconstruction of basis. see this happen. It is not only to get Iraq. If my colleagues remember, I think it out from under the financial burden of Now, none of this will happen, Mr. was, in fact, a colleague of ours here in reconstructing Iraq on our own. It is Speaker, none of this will happen until the House, a senior Republican Member partly that; it is also partly to share the United States is willing to give up of the House Committee on Inter- the responsibility for the reconstruc- some authority in Iraq. We cannot con- national Relations, the gentleman tion of Iraq. It is to share the credi- tinue to call all of the shots in Iraq and from Iowa (Mr. LEACH), highly-re- bility that is needed, to call upon other expect our traditional allies to send garded and well-respected by all Mem- nations and multilateral organizations troops or money or advice or anything bers, who implored the President to es- like the United Nations to provide the else. It is time for us not just to put tablish, once and for all, who is in stability and take away from the equa- Iraqis back in charge, because it is not charge of whatever plan may or may tion some of the animosity that has yet clear Iraqis are able to be back in not exist out there. Initially, Jay Gar- wrongfully built up against America, charge, particularly, with the insecure ner, a former general, was dispatched but nonetheless exists in some part of conditions that exist there; but it is to Iraq to work with Iraqis that were the world. time for us, in concert with our tradi- favorably disposed to the United States tional allies, in concert with inter- to begin the process of rebuilding. And, b 2145 national organizations that we created after a relatively short period of time, Frankly, the United Nations is de- at the end of the Second World War, there was a change there. And L. Paul signed to do this kind of work. It is de- that we established for the very pur- Bremer became, if you will, the viceroy signed to relieve the United States pose of Nation-building. Nation-build- of Iraq. Mr. Bremer indicated that his from taking on all of the burden of re- ing was not a phrase then, it is a newer boss to whom he reported directly was constructing a country and building a phrase, but the concept is exactly why the Secretary of Defense Mr. Rumsfeld. new Nation. If we turn to the United NATO was established, and, particu- Yet, several months thereafter, there Nations, we will still be the senior larly, why the United Nations was es- was an announcement from the White partner. We pay 25 percent of the bills tablished. It is time for us to use our House that in fact it was the National of the United Nations. We will still diplomatic skill to give up the nec- Security Adviser, Condoleezza Rice, have tremendous influence over what essary authority and responsibility, to who was vested with the responsibility happens, but we would be in a position share the obligations with these two of coordinating the plan for Iraq. Of where the responsibility and account- international organizations, so that we course, recently we learn that Mr.

VerDate jul 14 2003 04:12 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.095 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11201 Bremer, because of the deteriorating have suffered a loss of prestige all over need to know that if we were to take situation in Iraq, either reached out or the world. One only has to turn to the 435 congressional districts in this was summonsed by the White House for nightly news shows. Leading the news country, and we were to divide $87 bil- a special meeting directly with the now are the preparations in Great Brit- lion by the 435 congressional districts, President. ain for the visit of our President, Presi- what we would come out with is $200 Mr. Speaker, I think it is important dent Bush who, according to the most million that could be spent in every that there be one individual that can recent polls is viewed negatively by our congressional district in this country be held accountable, other than the ally, the English people, by 60 percent. for the needs that exist back home, for President, for the shaping of this pol- Sixty percent of the English people dis- the jobless people, for the children who icy that means so much to the Amer- approve of President Bush. Whether do not have health care, for the older ican people with our sons and daugh- one is a Democrat or whether one is a people who do not have prescription ters tragically dying there on an all- Republican, that is painful to us. That drugs. too-frequent basis, and to the Amer- is painful to us. We do not wish our Mr. DELAHUNT. And, Mr. Speaker, ican taxpayers who were asked by this President to be viewed as negative by for our veterans. White House to appropriate some $87 our ally. And recently during the Mr. STRICKLAND. For our veterans. billion on top of the $79 billion that we course of a hearing on the Sub- And that leads me to the fact that we have already spent in Iraq to create se- committee on Latin America, data was are underfunding veterans health care curity in Iraq and to rebuild Iraq, if put forward that 87 percent of our by $1.8 billion. $1.8 billion. We are send- you will, to reconstruct Iraq. Many of neighbors here in this hemisphere dis- ing $87 billion to Iraq in addition to us on this side of the aisle were ada- approve of our President. Again, that what we have already spent this year, mantly opposed, primarily based on the pains us all. and we are being so stingy with our fact that this money was not in the veterans that we are underfunding 2200 form of a loan, but was a gift to Iraq, b their health care by $1.8 billion. a nation with incredible resources, That pains us all. And the American people need to some of the largest reserves in terms of Mr. HOEFFEL. Mr. Speaker, may I know that over in the Senate they energy anywhere in the world, second interrupt the gentleman from Massa- passed an amendment to add an addi- only to Saudi Arabia. And hopefully, at chusetts (Mr. DELAHUNT) again? tional $1.3 billion of that $1.8 billion some time in the not-too-distant fu- There was additional polling infor- shortfall. And the very day that ture, would clearly be able to repay the mation made available over the week- amendment passed the Senate, the American taxpayers for the sacrifices end from a European pollster, I do not White House put out a statement op- that they are making now while we are know the name, saying that a majority posing it. Now, think of that. Here we dealing with these burgeoning deficits of citizens in virtually every European have a President, we have a President that will at some point in time be a se- country except, I believe, Italy, view who has asked for $87 billion for Iraq vere drag on our economy. the United States as the most likely and takes active opposition toward the But not only do we have a confusion country to start a war or to create in- efforts in this Congress to give an addi- in terms of who is in charge, but we stability. Now, I reject that view com- tional $1.8 billion to our veterans. I have had a series of different plans. It pletely. We are the peacemakers and mean, I think that is shocking; I think would appear now that the most recent we are not the war makers; but I want- it is something the American people plan is what I would describe as the ed to emphasize the gentleman’s point would object to. And they need to French plan, the plan that France sug- that something has gone wrong with know about that. gested would be the most fruitful ini- the way we are viewed by our friends But I want to talk about one other tiative in terms of bringing stability around the world, let alone how we are thing, if I can, in regard to this war ef- and rebuilding Iraq. I find that rather viewed by our enemies. I am not so fort, and it is something that I have ironic, given our recent rather divisive concerned about how the enemies look talked about and I think others have relationship with France. at us, but when the Western European talked about on this floor before. But Mr. HOEFFEL. Mr. Speaker, the gen- democracies have a negative view of it is something that the American peo- tleman refers to the latest plan as the our President and our country, a nega- French plan. The New York Times on ple need to know about. As our soldiers tive view that I do not share, but that Sunday, in looking at the plan that continue to die on a daily basis in Iraq, they have come to that conclusion, they characterize as throwing the prob- I think Americans have a right to ask something is dramatically wrong. lem to the Iraqis, called it the ‘‘hot po- for answers from the President, from Mr. Speaker, would the gentleman tato plan.’’ French, hot potato french our Secretary of Defense, from the from Massachusetts (Mr. DELAHUNT) fries perhaps, whatever. Pentagon: Why do all of our troops who Mr. DELAHUNT. Mr. Speaker, maybe mind if we bring our colleague into the are fighting for us this very moment in this was a hot french fries plan; I hon- conversation? Iraq not have the best protective armor estly do not know. Mr. DELAHUNT. Mr. Speaker, I available? When will this armor be I notice we have been joined by the would welcome our friend, the gen- available to all of our soldiers? Why gentleman from Ohio (Mr. STRICK- tleman from Ohio (Mr. STRICKLAND). were soldiers sent into battle with LAND), our friend, who is also a member Mr. STRICKLAND. Mr. Speaker, it is these cheap, Vietnam-era flak jackets of our Iraq Watch group. But I think good to be with you this evening. I was that are not capable of stopping bul- what is difficult to accept is that what asked a few days ago by a reporter in lets? we have now achieved is the expendi- my district why the emphasis on what I have asked the Secretary of De- ture of billions of dollars of American has gone wrong in Iraq. The question fense, Mr. Rumsfeld, to provide an- taxpayers’ money. Of course, the White was phrased in this way: Should you swers as to how many American sol- House made note of the fact that there not be concerned about the future and diers have been killed or have been se- were other international donors in a what we do next? And my response was riously wounded in part because they conference in Madrid. But what I this: The same people who are in were not adequately protected. And I thought was particularly noticeable in charge of planning for the future are have asked the Secretary to commit Madrid was that not a single donor the people who have gotten us to the that we will not provide this protection there, with the exception of the Japa- point where we are now. And unless we to foreign troops until every, every nese, provided gifts, outright grants look at how we got into this situation, American soldier in harm’s way is so like this institution did and like this unless we scrutinize the decision-mak- protected. White House did, but no, they decided ers who brought us to this point, we Somebody needs to be held account- they would loan the money so that cannot have confidence that we are able for this. We had months to prepare their people would be repaid rather being taken in the right direction as for this war, months during which we than our people who are carrying the far as the future is concerned. knew we were likely to be sending entire burden. If I could just say a word about the young Americans into harm’s way. And But here we are, we have suffered, $87 billion that my friend referred to yet we did so without giving them this and let us be very candid and frank: We earlier. I think the American people protection. Somebody ought to be held

VerDate jul 14 2003 03:22 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.097 H17PT1 H11202 CONGRESSIONAL RECORD — HOUSE November 17, 2003 responsible. Either the President or if you will, a PR campaign to say what soldiers. They are going to do their Secretary Rumsfeld or some lower- is right in Iraq. But it is time, I be- duty. They care about Iraq. They care level individual apparently made the lieve, to listen to the troops who give about the Iraqi people. They care about decision that this was not a priority. us insight. We all know, for example, the final outcome in that country. The And I believe American soldiers have because we travel abroad and often- problem is not with our troops. These lost their lives because of this failure times we visit our troops, that these are wonderful young Americans who to plan, failure to set appropriate pri- trips are very carefully structured so are simply doing what they are called orities. And who is going to be helped that only those things the civilian upon to do. And they are doing it well. accountable, and when is the situation leadership of the Department of De- The problem, as I see it, exists with going to be altered? fense wants us to hear is provided us. the decision-makers, those who sit here Americans need to know that as we If I could just indulge my two friends in the safety of the offices in Wash- sit in our homes and watch TV, and for a moment. Back in mid-October ington D.C. and elsewhere and make those of us who work in this Chamber there was a report in The Washington decisions which affect real lives. I had are here, we carry out our daily lives, Post and it is entitled, ‘‘Many Troops breakfast in a restaurant in Ohio a that there are young Americans over Dissatisfied, Iraq Poll Finds.’’ A broad couple of weekends ago. As I was fin- there in tanks and in Humvees and survey of U.S. troops in Iraq found that ishing my breakfast, I struck up a con- walking patrols that do not have the half of those questioned described their versation with a young woman sitting most basic protection, this body armor unit’s morale as low and their training in a booth next to me. She was leaving that is capable of stopping bullets. Why as insufficient and said they do not Ohio as soon as she finished her break- do they not have that protection? plan to reenlist. Now, this was not a fast and driving to Baltimore to meet Mr. DELAHUNT. Mr. Speaker, would poll conducted by The Washington Post her husband, who is stationed in Africa the gentleman from Ohio (Mr. STRICK- or the New York Times, or the Los An- and who is coming home, who is com- LAND) yield for just a moment. geles Times or the Boston Globe. It was ing home for a 2-week leave. And then I met with families of Reservists and a poll that was conducted by the Stars she told me that she had just gotten National Guard, military that are serv- and Stripes newspaper, a newspaper her orders and she is being deployed to ing in Iraq currently. They have been funded by our Pentagon, our Depart- Iraq. The children are going to be trained as a transportation unit. They ment of Defense. taken care of by the grandparents. are now serving in a different role that The findings, if I can just go on, the b 2215 exposes them to great danger. They are findings drawn from 1,900 question- using their own equipment, trucks that naires presented to U.S. I just share that with you to empha- have no armor protection, that are servicemembers throughout Iraq con- size the fact that we are talking about open, that leave these men and women flict with statements by military com- real people, real mothers and dads, real on the back of what I would call a large manders and Bush administration offi- sweethearts, real sons and daughters. pickup vehicle as a sitting target. cials that portray the deployed troops These are real Americans, and deci- These families were outraged. One ac- as highly spirited and generally well sions are being made to expose them to tually had to go to a military hardware prepared. Though not obtained through the most incredible danger. store, presumably, to purchase for scientific methods, the survey results The question is, is this war being their son a $900 kevlar suit because the indicate that prolonged tours in Iraq pursued in a way that is rationale and parents simply could not sleep at are wearing down a significant portion reasonable? I still wish that this Presi- night. And it cost that family $400 to of the U.S. force and threatening to dent, this administration would go to send it via the United States Post Of- provoke a sizable exodus from military the world community, would seek out fice. service. And yet the paper quotes Gen- the help that we need, would inter- Mr. STRICKLAND. General Myers eral Sanchez, commander of the U.S. nationalize the effort in Iraq, would and others have been widely quoted in forces in Iraq, saying in a September 9 stop our soldiers being the only targets the press as saying this is not a money interview for this particular series, basically. problem; it is a supply problem. Well, ‘‘There is no moral problem.’’ We hear talk about a coalition. Let it is a supply problem because this war Of course, as we know, the Bush ad- us face it. There are a handful basically was under way for almost 7 months be- ministration has launched this cam- of coalition forces in Iraq. Most of the fore the first request came to this Con- paign. But the Stars and Stripes, the young people there are being killed and gress for resources to provide this pro- military’s paper, raised questions injured and shot at are American tection. But even beyond that, I got a about what visiting dignitaries, such as troops; and we need to internationalize call in my office, week before last, us and our other colleagues who have our effort, spread this responsibility from a company that told me they had visited Iraq, get to see. Let me quote and not just simply allow our kids, our 30,000 of these plates in stock, plates again from the Stars and Stripes: children for the next, no one knows for that meet specifications. Because they ‘‘Many soldiers, including several offi- sure. The most recent estimate I have say they also provide them to our cers, allege that VIP visits from the heard is that at least for 5 years our Army Rangers. Pentagon and Capitol Hill are only troops are likely to be there, and I just I do not know how those responsible given hand-picked troops to meet with do not think the American people want can sleep at night. They ought to stay during their tours of Iraq,’’ the news- this to continue as it is unfolding be- up until they solve this problem. paper said in its interview with Gen- fore our eyes. Every day we see it hap- I just met with a young soldier back eral Sanchez. pening. in my district who was wounded by The phrase ‘‘dog and pony show’’ is Mr. HOEFFEL. Mr. Speaker, I agree shrapnel. He told me that he sees no usually used. Some troops even go so with the gentleman. The problem is way that this Pentagon commitment far as to say they have been ordered not with our troops. It is with the pol- to have these vests delivered to all of not to talk to VIPs because leaders are icymakers and our planners here in our troops by December is going to be afraid of what they might say. Washington. possible. He says there are thousands Let me say it is about time for the I referred earlier to the New York of troops over there without this most unvarnished truth to be presented to Times article this Sunday. They enti- basic protection. the American people. And that is what tled it ‘‘Iraq Goes Sour.’’ And I take Now, how can we trust these people we attempt to do during the course of issue, actually, with one of the claims to tell us what is the best course of ac- this hour, of which we have had many. they make here. They blame the intel- tion for the future of this war in Iraq Mr. STRICKLAND. Mr. Speaker, if I ligence agencies for the failures to un- when they have been so incompetent could just say a word about the troops. derstand what was actually happening and negligent in providing our troops I spent some time last weekend with in Iraq. The editorial said, for example, with this most basic protection? two young soldiers from my district, the Central Intelligence Agency we Mr. DELAHUNT. And yet, Mr. Speak- both of whom have been wounded, and now realize had no idea what was going er, they would criticize those who ask they have come back for medical treat- on inside Iraq. They continue, the those questions and instead put forth, ment. They are good, loyal, patriotic CIA’s estimate regarding weapons of

VerDate jul 14 2003 03:22 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.099 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11203 mass destruction were basically worst- information now appears to be back in Talking about the CIA, what prompt- case scenarios of what the Hussein re- the public domain. I think it is safe to ed Paul Bremer to come to Wash- gime might have been up to in the in- conclude that key players led by the ington, DC, was a new top secret CIA terim, in 1998 when inspections were Vice President, supported by Secretary report from Iraq that growing numbers cut off. Rumsfeld, and Under Secretary of Iraqis are concluding that the U.S.- They continue, that was apparently a Wolfowitz, and Under Secretary Fife, led coalition can be defeated and a sup- mistake, if an understandable one. The cherry-picked, if you will, those pieces porting the insurgents. reality I think is different. I think that of information that buttress their case Again, I am quoting from a news- while the intelligence agencies clearly and made unequivocal statement to the paper report, ‘‘The report paints a did not get it right, they were telling American people. bleak picture of the political and secu- the policymakers last fall before Con- It is very fascinating when the Amer- rity situation in Iraq and cautions that gress voted on whether or not to au- ican people and the United States Con- the U.S.-led drive to rebuild a country thorize the war, they were telling the gress learn that there is a special cov- as a democracy could collapse.’’ White House that there was great un- ert group within the Department of De- The report’s bleak tone and Bremer’s certainty about what Hussein had and fense. And this is within the civilian private endorsement differ sharply what he did not have. We know that leadership, called the Office for Special with the upbeat public assessments now. We did not know it then. Plans that was running a parallel oper- that President Bush, his chief aids, and This past Spring, 6 months after we ation in terms of intelligence analysis. even Bremer are giving as part of an voted, and after the war was fought and It was that group that was doing the aggressive publicity campaign aimed won, at least according to the Presi- cherry-picking. It was that group that at countering rising anxieties over in- dent’s proclamation on May 1, at least got us into this war. They made un- creasing U.S. causalities in Iraq. Let us the military’s battle was won, if not equivocal statements, like Secretary be honest with the American people. the guerilla battle. The House Perma- Rumsfeld, that those weapons of mass Remember in Vietnam what, I daresay, nent Select Committee on Intelligence destruction, we know where they are. forced Lyndon Johnson to reassess his made available to rank and file mem- They are in Tikrit, in the west here plans for reelection, was the fact that bers 18 or 20 boxes of intelligence infor- and in the east here. And, of course, we there was such a great divergence and mation, most notably the Defense In- have discovered after expending close disparity between the reality that was telligence Agency report of September to a billion dollars to just simply look- being presented to the American people 2002. And then the great summary re- ing for them that they do not exist, and the reality on the ground. port the national intelligence estimate much to our embarrassment and again Mr. HOEFFEL. Mr. Speaker, let me of October of 2002. And I have read the our loss of prestige. introduce our colleague who has been executive summaries of those docu- So I think it is important that those waiting patiently. The gentleman from ments. It is very long, and I spent a who attack the CIA often do it in a Washington (Mr. MCDERMOTT). couple of hours reading it. It would way that I think reveals their own po- Mr. MCDERMOTT. Mr. Speaker, I take days to read all of those boxes, litical agenda. Again, demeaning the thank the gentleman for putting this but those summaries which are still professionalism of the men and women special order together. classified are replete with uncertain- that serve in the CIA is not the way to I think that it is very clear we now ties, with the agencies saying, well, we have a constructive debate about what know that they wanted to go to war believe he has got this. We believe he we ought to occur, what we ought to be immediately after 9/11 in Iraq. They has got that but we are not sure. He doing right now. went to Afghanistan really because had this amount of weapons in the past Mr. STRICKLAND. Mr. Speaker, I that was more obvious to people at and we are not quite sure where they would just concur with the gentleman that point, but they were clearly plan- are today. that that is a very interesting News- ning for a long time and they simply They have made the case, as the Vice week article. I read it a few hours ago. misled us about what was there. President has said, that Hussein was It is very disturbing because it does lay Everybody understands that now. trying to do certain things, but they out how under the Vice President’s There is no mystery in this country or were full of uncertainty. And my objec- leadership, this Office of Special Plans anywhere else in the world. The ques- tion is none of that uncertainty was collected their own information and tion is, What are we going to do now? communicated to Congress and to the drew their own conclusions, and then I picked up the Sunday morning American people. The President and all they use those conclusions to encour- newspaper and last Thursday I came of his people, and I want to give an ex- age the kind of action that occurred. back to Washington, DC and went out ample in a second, told us with com- Now, the fact is that the President to MCI Center to a hockey game with plete clarity and certainty that Hus- has finally admitted quite publicly, in a bunch of amputees from Walter Reed. sein had these weapons. We knew spite of the Vice President’s statement The next day I went up there and where they were. We knew how much to the contrary, that there is no evi- walked through several of the wards. they weighed. We knew everything dence that Iraq or Saddam Hussein was There are two pictures of the front about them. We were going to get them responsible for the attack upon our Na- page of young men who have been se- and we could not trust him for another tion on September 11, 2001. That is a verely injured that I know. I have met moment. And it is my view that it is very critical conclusion, I think, for us them. These are young kids who did not the intelligence agencies that to have come to. Because given that what their country asked them, and we failed, but the politicians. and given the fact that we had weapons honored them. Mr. DELAHUNT. Mr. Speaker, I inspectors in Iraq and they were asking I told them I was there because I thank the gentleman for yielding to for more time, would not you think wanted to say thank you. But the fact me. that if there is uncertainty about ex- is that that is exactly what happened I cannot agree more. Ironically, in actly what Saddam Hussein has or may in Vietnam. Young people went and this week’s edition of Newsweek maga- have, that there is no evidence that he died doing exactly what they were zine, there is an article that I would was involved in the direct attack upon asked to do. It is the leadership that commend to all of our colleagues here our country, that we would have ap- ought to have to pay the price and they in the House and to the viewing audi- proached this situation a little more ought to start paying it right now. ence here tonight. This is very impor- cautiously, a little more thoughtfully, We have a President who simply will tant to read. As one can see, there is a that we would have expended the time not get off the fact that he made a mis- picture of the Vice President on the that the inspectors were asking for. take. He simply went the wrong place. cover. It is entitled, ‘‘How Dick Cheney If we had done that, it may have been He should never have stopped the war Sold the War. Why He Fell for Bad In- possible. It may have been possible. on terror. He should have finished what telligence and Pitched It to the Presi- Mr. DELAHUNT. Again, this is a sit- was going on in Afghanistan and then dent.’’ uation that is continuing today where perhaps you look later at something, The Central Intelligence Agency, I a conclusion or an opinion or a pre- but Afghanistan is as bad or worse than daresay, made a solid effort from what disposed policy is searching for facts. it was when we went in there.

VerDate jul 14 2003 03:22 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.101 H17PT1 H11204 CONGRESSIONAL RECORD — HOUSE November 17, 2003 We still have people dying there. One killed, and even more are being seri- 2003, a 6-month periodic report on the na- died yesterday from the State of Wash- ously wounded. We cannot allow this tional emergency with respect to Iran that ington. And we continued to allow our situation to continue. was declared in Executive Order 12170 of No- vember 14, 1979, pursuant to 50 U.S.C. 1641(c) young people, men and women, now to Mr. MCDERMOTT. The hardest part 50 U.S.C. 1703(c); to the Committee on Inter- be killed in a war that makes no sense about this is that the American people national Relations. in the way it is being run. And the are not being told the truth. If we read 5402. A communication from the President President will not admit it. The whole the American newspapers, they are of the United States, transmitting a supple- world has told him that. They told him told there are only 5,000 in al Qaeda mental report, consistent with the War Pow- on the 25th of February, ten million over in Iraq. If we read the European ers Resolution, to help ensure that the Con- people marched in the streets this in papers, they say 50,000. We do not see gress is kept fully informed on continued this country. The President said, It is any bodies coming back. They have ab- U.S. contributions in support of peace- keeping efforts in Kosovo; (H. Doc. No. 108— just a focus group. We are going to war. solutely prohibited the press and the 142); to the Committee on International Re- Now, my belief is that we have to fig- media from going out to Dover when lations and ordered to be printed. ure out how we get out and how we, the troops come back or to go to ceme- 5403. A letter from the Assistant Secretary with honor, get out of this thing. It is teries when people are being buried. for Legislative Affairs, Department of State, going to be very difficult to do that. They are simply blinding the American transmitting Report for 2002 on IAEA Activi- ties in Countries Described in Section 307 (a) b 2230 people’s eyes. In my view, the Amer- ican people have to demand that they of the Foreign Assistance Act, pursuant to When they called Bremer back here know what is going on, and I think Public Law 105—277, section 2809(c)(2); to the Committee on International Relations. in the other day, it was simply because there is really no excuse for what they they said, gee, it is 1 year to the elec- 5404. A letter from the Director, Office of have done except that they have to Human Resources Management, Department tion. How in the heck are we going to make the political campaign look bet- of Energy, transmitting a report pursuant to explain this mess at election time? We ter. the Federal Vacancies Reform Act of 1998; to have got to end it. So we are now, in This is a mess. Everywhere in the the Committee on Government Reform. every decision that will be made, it world we look at the press, any country 5405. A letter from the Chairman, Postal will be made not about what is good for in the world we see the press. They Rate Commission, transmitting a report sub- our troops or what is good for the Re- mitted in accordance with the Inspector have all analyzed the President made a General Act of 1978, as amended, pursuant to servists or the Guard people or any- big mistake. The French, in fact, were body else, but what is seen to be good 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to right. If people really want to under- the Committee on Government Reform. for the President’s reelection cam- stand what is going on here, go watch 5406. A letter from the Assistant Secretary paign. the movie The Battle of Algiers. The for Legislative Affairs, Department of State, I am afraid that unless the Congress French went through exactly the same transmitting As required by Section 417(b) of raises some noise about this, we are thing in Algeria. There has not been a the USA Patriot Act of 2001 (as enacted in going to see more people sacrificed in Public Law 107-56), the second annual report country in the 20th century that in- on the status of the implementation of ma- this process because they will not get vaded a sovereign country and came the international community in. If the chine-readable passports (MRPs) in countries out whole. Everybody loses. participating in the Visa Waiver Program President would say tomorrow, I want Whether we are talking about Viet- (VWP); to the Committee on the Judiciary. Kofi Annan to take over the recon- nam or we are talking about Algeria or 5407. A letter from the Assistant Secretary struction and Kofi Annan to take over we are talking about Lebanon or we of the Army (Civil Works), Department of the military peacekeeping in the coun- are talking about any of those coun- the Army, transmitting a Feasibility Study try, we will make a contribution as we tries, the people who invaded always and Final Supplemental Environmental Im- have but we are not going to run it, pact Statement on the Port of Los Angeles back out with their tail between their Channel Deepening Project; to the Com- things would begin to change dramati- legs, and that is where we are today. cally. mittee on Transportation and Infrastruc- Those kids, we have still got them out ture. This is viewed as an occupation. The on the line; hold on, kid; keep fighting; 5408. A letter from the Chief, Regulations actual choice of where do they go with try and save yourself. The people be- and Administrative Law, USCG, Department their headquarters when they came hind them are making bad decisions, of Homeland Security, transmitting the De- into Baghdad, they went to the palaces again and again and again. It is a terri- partment’s final rule — Safety Zone; Lower that Saddam Hussein had built and Mississippi River, Miles 94.0 to 96.0, Above fying thing, and I think the American Head of Passes, New Orleans, LA [COTP New they moved in, and they said to the people cannot let them be blinded from people, this is where we belong; we are Orleans-03-003] (RIN: 2115 — AA97) received it. They have to begin to demand that November 5, 2003, pursuant to 5 U.S.C. running the place. No Iraqi missed the they see what the truth is. 801(a)(1)(A); to the Committee on Transpor- message. Mr. HOEFFEL. Mr. Speaker, I thank tation and Infrastructure. Mr. STRICKLAND. Mr. Speaker, if the gentleman for his comments. 5409. A letter from the Chief, Regulations the good doctor will allow me to inter- I believe our hour is up. I thank all of and Administrative Law, USCG, Department ject a thought here, the President tries my colleagues for taking part in Iraq of Homeland Security, transmitting the De- to set this up as a two choice para- partment’s final rule — Security Zone; Ar- Watch tonight, and we will be back lington Channel Turning Basin, Mobile, AL digm. We either do exactly what we are next week. doing now or, as he says, we cut and [COTP Mobile-03-010] (RIN: 1625 — AA00) re- f ceived November 5, 2003, pursuant to 5 U.S.C. run, as if there are no other options, 801(a)(1)(A); to the Committee on Transpor- but the gentleman is describing a third RECESS tation and Infrastructure. option. There may be a fourth or a fifth The SPEAKER pro tempore (Mr. 5410. A letter from the Chief, Regulations option. We ought to be looking at the TANCREDO). Pursuant to clause 12(a) of and Administrative Law, USCG, Department situation, not just simply blindly pur- rule I, the Chair declares the House in of Homeland Security, transmitting the De- partment’s final rule — Security Zones; suing a course of action that is result- recess subject to the call of the Chair. ing in more and more death. Lower Mississippi River, Above Head of Accordingly (at 10 o’clock and 35 Passes, LA [COTP New Orleans — 03-007] Quite frankly, I resent it when the minutes p.m.), the House stood in re- (RIN: 1625 — AA-00) received November 5, President refers to those of us who cess subject to the call of the Chair. 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the question his policies as those who want f Committee on Transportation and Infra- to cut and run. The last thing I want to structure. do in Iraq is cut and run. We cannot EXECUTIVE COMMUNICATIONS, 5411. A letter from the Chief, Regulations cut and run, and I know not a single ETC. and Administrative Law, USCG, Department Democrat who is suggesting that Under clause 8 of rule XII, executive of Homeland Security, transmitting the De- course of action, but that does not partment’s final rule — Safety Zone; Port communications were taken from the Arthur Ship Canal, Port Arthur, TX [COTP mean that we endorse his plan because Speaker’s table and referred as follows: Port Arthur-03-008] (RIN: 1625-AA00) received his plan is getting us deeper and deeper 5401. A letter from the Secretary, Depart- November 5, 2003, pursuant to 5 U.S.C. and deeper into a quagmire. More and ment of the Treasury, transmitting as re- 801(a)(1)(A); to the Committee on Transpor- more young Americans are being quired by Executive Order 13313 of July 31, tation and Infrastructure.

VerDate jul 14 2003 03:22 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.102 H17PT1 November 17, 2003 CONGRESSIONAL RECORD — HOUSE H11205 5412. A letter from the Chief, Regulations 0.7, Pittsburgh, Pennsylvania. [COTP Pitts- the State of Connecticut and the Common- and Administrative Law, USCG, Department burgh-03-006] (RIN: 1625-AA00) received No- wealth of Massachusetts, and for other pur- of Homeland Security, transmitting the De- vember 5, 2003, pursuant to 5 U.S.C. poses; with an amendment (Rept. 108–365). partment’s final rule — Safety Zone; Red 801(a)(1)(A); to the Committee on Transpor- Referred to the Committee of the Whole River, Miles 88.0 to 89.0, Pineville, LA [COTP tation and Infrastructure. House on the State of the Union. New Orleans-03-013] (RIN: 1625-AA00) received 5420. A letter from the Chief, Regulations Mr. POMBO: Committee on Resources. November 5, 2003, pursuant to 5 U.S.C. and Administrative Law, USCG, Department H.R. 1862. A bill to establish the Oil Region 801(a)(1)(A); to the Committee on Transpor- of Homeland Security, transmitting the De- National Heritage Area; with an amendment tation and Infrastructure. partment’s final rule — Safety Zones; Harley (Rept. 108–366). Referred to the Committee of 5413. A letter from the Chief, Regulations Owners Group (H.O.G.) Rally, Ohio River the Whole House on the State of the Union. and Administrative Law, USCG, Department Mile Marker 0.7 to Mile Marker 0.3 on the Al- Mr. POMBO: Committee on Resources. of Homeland Security, transmitting the De- legheny River Pittsburgh, PA [COTP Pitts- H.R. 2425. A bill to provide for the use and partment’s final rule — Security Zone: Pro- burgh 03-008] (RIN: 1625-AA00) received No- distribution of the funds awarded to the tection of High Capacity Passenger Vessels vember 5, 2003, pursuant to 5 U.S.C. Quinault Indian Nation under United States in Prince William Sound, Alaska [COTP- 801(a)(1)(A); to the Committee on Transpor- Claims Court Dockets 772–71, 773–71, 774–71, PWS-03-003] (RIN: 1625-AA00) received No- tation and Infrastructure. and 775–71, and for other purposes; with an vember 5, 2003, pursuant to 5 U.S.C. f amendment (Rept. 108–367). Referred to the 801(a)(1)(A); to the Committee on Transpor- Committee of the Whole House on the State tation and Infrastructure. REPORTS OF COMMITTEES ON of the Union. 5414. A letter from the Chief, Regulations PUBLIC BILLS AND RESOLUTIONS Mr. POMBO: Committee on Resources. and Administrative Law, USCG, Department Under clause 2 of rule XIII, reports of H.R. 2489. A bill to provide for the distribu- of Homeland Security, transmitting the De- committees were delivered to the clerk tion of judgment funds to the Cowlitz Indian partment’s final rule — Security Zone; San Tribe; with an amendment (Rept. 108–368). Juan, Puerto Rico [COTP San Juan 03-062] for printing and reference to the proper Referred to the Committee of the Whole (RIN: 1625-AA00) received November 5, 2003, calendar, as follows: House on the State of the Union. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. POMBO: Committee on Resources. Mr. POMBO: Committee on Resources. S. mittee on Transportation and Infrastruc- H.R. 154. A bill to exclude certain properties 625. An act to authorize the Bureau of Rec- ture. from the John H. Chafee Coastal Barrier Re- lamation to conduct certain feasibility stud- 5415. A letter from the Chief, Regulations sources System; with an amendment (Rept. ies in the Tualatin River Basin in Oregon, and Administrative Law, USCG, Department 108–359). Referred to the Committee of the and for other purposes (Rept. 108–369). Re- of Homeland Security, transmitting the De- Whole House on the State of the Union. ferred to the Committee of the Whole House partment’s final rule — Safety Zone; Lower Mr. POMBO: Committee on Resources. on the State of the Union. Mississippi River, Miles 85.0 to 91.0, H.R. 521. A bill to establish the Steel Indus- Mr. POMBO: Committee on Resources. Chalmette, LA [COTP New Orleans-03-016] try National Historic Site in the Common- H.R. 280. A bill to establish the National (RIN: 1625-AA00) received November 5, 2003, wealth of Pennsylvania; with an amendment Aviation Heritage Area, and for other pur- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (Rept. 108–360). Referred to the Committee of poses; with an amendment (Rept. 108–370). mittee on Transportation and Infrastruc- the Whole House on the State of the Union. Referred to the Committee of the Whole ture. Mr. POMBO: Committee on Resources. House on the State of the Union. 5416. A letter from the Chief, Regulations H.R. 1594. A bill to direct the Secretary of Mr. POMBO: Committee on Resources. and Administrative Law, USCG, Department the Interior to conduct a study of the suit- H.R. 421. A bill to reauthorize the United of Homeland Security, transmitting the De- ability and feasibility of establishing the St. States Institute for Environmental Conflict partment’s final rule — Safety Zone; Ten- Croix National Heritage Area in St. Croix, Resolution and for other purposes; (Rept. nessee River, Mile Marker 446.0 to 454.6, United States Virgin Islands, and for other 108–371 Pt. 1). Ordered to be printed. Chattanooga, TN [COTP Paducah, KY 03-004] purposes; with an amendment (Rept. 108–361). Mr. POMBO: Committee on Resources. S. (RIN: 1625-AA00) received November 5, 2003, Referred to the Committee of the Whole 1233. An act to authorize assistance for the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- House on the State of the Union. National Great Blacks in Wax Museum and mittee on Transportation and Infrastruc- Mr. POMBO: Committee on Resources. Justice Learning Center (Rept. 108–372 Pt. 1). ture. H.R. 1618. A bill to establish the Arabia Ordered to be printed. 5417. A letter from the Chief, Regulations Mountain National Heritage Area in the Mr. POMBO: Committee on Resources. and Administrative Law, USCG, Department State of Georgia, and for other purposes; H.R. 1964. A bill to establish the Highlands of Homeland Security, transmitting the De- with an amendment (Rept. 108–362). Referred Stewardship Area in the States of Con- partment’s final rule — Safety Zone; Ten- to the Committee of the Whole House on the necticut, New Jersey, New York, and Penn- nessee River, Mile Marker 446.0 to 454.6, State of the Union. sylvania, and for other purposes; with an Chattanooga, TN [COTP Paducah-03-013] Mr. POMBO: Committee on Resources. amendment (Rept. 108–373 Pt. 1). Ordered to (RIN: 1625-AA00) received November 5, 2003, H.R. 1648. A bill to authorize the Secretary of be printed. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Interior to convey certain water dis- mittee on Transportation and Infrastruc- tribution systems of the Cachuma Project, f ture. California, to the Carpinteria Valley Water 5418. A letter from the Chief, Regulations District and the Montecito Water District REPORTED BILL SEQUENTIALLY and Administrative Law, USCG, Department (Rept. 108–363). Referred to the Committee of REFERRED of Homeland Security, transmitting the De- the Whole House on the State of the Union. Under clause 2 of rule XII, bills and partment’s final rule — Safety Zone; Alle- Mr. POMBO: Committee on Resources. gheny River Mile Marker 0.3 to Mile Marker H.R. 1732. A bill to amend the Reclamation reports were delivered to the Clerk for 0.7, Pittsburgh, PA [COTP Pittsburgh-03-002] Wastewater and Groundwater Study and Fa- printing, and bills referred as follows: (RIN: 1625-AA00) received November 5, 2003, cilities Act to authorize the Secretary of the Mr. POMBO: Committee on Resources. S. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Interior to participate in the Williamson 523. An act to make technical corrections to mittee on Transportation and Infrastruc- County, Texas, Water Recycling and Reuse law relating to Native Americans, and for ture. Project, and for other purposes (Rept. 108– other purposes (Rept. 108–374, Pt. 1); referred 5419. A letter from the Chief, Regulations 364). Referred to the Committee of the Whole to the Committee on Agriculture for a period and Administrative Law, USCG, Department House on the State of the Union. ending not later than November 21, 2003, for of Homeland Security, transmitting the De- Mr. POMBO: Committee on Resources. consideration of such provisions of the bill as partment’s final rule — Safety Zone; Alle- H.R. 1798. A bill to establish the Upper fall within the jurisdiction of that com- gheny River Mile Marker 0.3 to Mile Marker Housatonic Valley National Heritage Area in mittee pursuant to clause 1(a), rule X.

N O T I C E Incomplete record of House proceedings. Today’s House proceedings will be continued in the next issue of the Record.

VerDate jul 14 2003 04:20 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00045 Fmt 7634 Sfmt 8633 E:\CR\FM\L17NO7.000 H17PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, MONDAY, NOVEMBER 17, 2003 No. 166 Senate The Senate met at 12 noon and was that unite us overcome the powers that RECOGNITION OF THE ACTING called to order by the President pro divide us. MAJORITY LEADER tempore [Mr. STEVENS]. Today, bless Your servants in this The PRESIDENT pro tempore. The place with patience. Remind them that acting majority leader is recognized. PRAYER laudable goals usually take time. Slow The Chaplain, Dr. Barry C. Black, of- us down, Lord, that we may take time f fered the following prayer: to appreciate Your many blessings. Let us pray. Keep us from feelings of futility and SCHEDULE Eternal Spirit, Your righteousness is may we feel the uplift of Your ever- Mr. MCCONNELL. Mr. President, like the mighty mountains, Your jus- lasting arms. We pray in Your holy today the Senate will resume consider- tice like the ocean depths. You clothe Name. Amen. ation of the VA–HUD appropriations the meadows and provide carpet for the f measure. We were unable to reach an valleys. agreement for finishing the bill, and it Lord, You have given us the new PLEDGE OF ALLEGIANCE is unclear how much further progress chapter of another week with opportu- The PRESIDENT pro tempore led the we can make on this bill. At this time, nities and challenges. We have opportu- Pledge of Allegiance, as follows: we will continue with the bill this nities to build bridges and to mend the I pledge allegiance to the Flag of the afternoon and make a determination defective. But we face the challenges of United States of America, and to the Repub- later today as to whether the Senate a world filled with divisive forces that lic for which it stands, one nation under God, can complete action on this important desecrate and destroy. May the things indivisible, with liberty and justice for all. measure.

NOTICE If the 108th Congress, 1st Session, adjourns sine die on or before November 21, 2003, a final issue of the Congres- sional Record for the 108th Congress, 1st Session, will be published on Monday, December 15, 2003, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–410A of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Friday, December 12, 2003. The final issue will be dated Monday, December 15, 2003, and will be delivered on Tuesday, December 16, 2003. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after re- ceipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60 of the Capitol. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. ROBERT W. NEY, Chairman.

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VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 8633 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14924 CONGRESSIONAL RECORD — SENATE November 17, 2003 Under a previous order, beginning at Mr. MCCONNELL. Mr. President, I acted bottle bills also have benefited 4:30 p.m. today, the Senate will begin 1 say to my friend from Nevada, I think by reducing road side litter by up to 84 hour of debate prior to the vote on in- that is a widely held sentiment on this percent. voking cloture on the FAA reauthor- side of the aisle as well. It will be vast- These savings may sound unrealistic. ization bill. It is hoped that cloture ly more desirable to wrap it up this But in Vermont alone, recycling efforts will be invoked and that the Senate week, even if this week means a longer in 2001 reduced greenhouse gas emis- can complete its work on the con- week than normal, than to carry it sions by 94,000 metric tons of carbon ference report today. Again, that vote over to next week or certainly Decem- equivalent. That’s equal to approxi- is expected around 5:30 this afternoon. ber. We are going to be pushing to com- mately two-thirds of all industrial car- Also later today, the Senate will con- plete the business of the Senate this bon dioxide emissions from fossil fuel duct a 1-hour debate on the issue of week. This week ideally would be Fri- combustion in Vermont and 4.5 percent jobs and the economy. There will be day, but it could end up being Saturday of greenhouse gas emissions. To me, two Members from each side of the or later. It is our goal to wrap up this those savings sound remarkable. aisle engaged in that debate, and all session of the 108th Congress this week. Why a refundable deposit program? Senators are encouraged to be present Mr. President, I suggest the absence Thirty years of experience dem- for the discussion. of a quorum. onstrates that refundable deposit bot- As a reminder, two cloture motions The PRESIDING OFFICER. The tle bills are dramatically more effec- were filed with respect to the nomina- clerk will call the roll. tive than voluntary efforts. As this tion of Thomas Dorr to be Under Sec- The assistant legislative clerk pro- chart illustrates, the ten States that retary of Agriculture for Rural Devel- ceeded to call the roll. have implemented deposit laws recycle opment. Those cloture votes will occur Mr. JEFFORDS. Mr. President, I ask more containers than all of the other tomorrow morning, and Senators will unanimous consent that the order for 40 States combined. be notified of the exact timing of those the quorum call be rescinded. While I applaud curbside and other votes. The PRESIDING OFFICER (Mr. voluntary recycling efforts, the 71 per- Finally, on behalf of the majority COCHRAN). Without objection, it is so cent of Americans who live in non-bot- leader, I remind everyone this is ex- ordered. tle bill States account for only 28 per- cent of recycled beverage containers. pected to be a busy workweek in the f Senate. There are a number of impor- My bill, the National Beverage Pro- MORNING BUSINESS tant conferences that have been com- ducer Responsibility Act of 2003, pleted and others that will be finished Mr. JEFFORDS. Mr. President, I ask strikes a balance between the wishes of shortly. These legislative matters will unanimous consent that the Senate industry, the authority of individual be scheduled as soon as they are avail- proceed to a period of morning business States, and the needs of a healthy envi- able so the Senate may adjourn at the until 1:30 p.m. with Senators permitted ronment. Unlike traditional bottle bills, this earliest possible time. All Senators to speak therein. legislation would fully harness market should adjust their schedules for a busy The PRESIDING OFFICER. Without incentives by setting an 80 percent re- session as we approach what will very objection, it is so ordered. covery performance standard and al- likely be the final week of this session. Mr. JEFFORDS. Mr. President, like lowing industry the freedom to design f every loyal Red Sox fan, I believe that next season my team will be vic- the most efficient deposit-return pro- RECOGNITION OF THE ACTING torious. I bring this same level of opti- gram to reach the standard. States MINORITY LEADER mism to my efforts to reduce the that already have bottle bills will re- The PRESIDENT pro tempore. The amount of wasted resources and litter tain their authority to continue their acting minority leader is recognized. caused by discarded beverage con- programs in their own individual ways Mr. REID. Mr. President, through the tainers. as long as they meet the national per- Chair to the distinguished majority I rise today to speak again to the Na- formance standard. This past Saturday, November 15, whip, is there some estimate as to tional Beverage Producer Responsi- 2003, was America Recycles Day in when we would get to the conference bility Act of 2003, the bottle bill, con- Vermont and across the country. Two reports on Energy and Medicare? vinced that this is our year. years ago, to help commemorate the Mr. MCCONNELL. Mr. President, I I have long been an advocate for in- 2001 America Recycles Day, I partici- say to my friend from Nevada, it is a creased recycling. Vermont passed its pated in a public service announcement little bit difficult to ascertain exactly bottle bill in 1972 when I was state at- to raise awareness regarding the need when, but we hope the Energy bill torney general. In 1975, during my first to buy recycled goods. might be ready by Wednesday. We are session as a Representative in the U.S. The importance of recycling de- going to work as hard as we can to get House, I introduced a national bottle serves, however, more than a 30-second those measures ready for consideration bill, closely resembling Vermont’s very public service announcement and more in the Senate certainly this week. successful example. Last Congress, as than its own day on the calendar. For Hopefully, we can get to Energy by chairman of the Environment and Pub- it to work, recycling must be a com- Wednesday. lic Works Committee, I convened the mitment of all of ours each and every The PRESIDING OFFICER (Mr. first Congressional hearing in many day of the year. BURNS). The Senator from Nevada. years on recycling, in which the com- Vermont’s commitment to recycling Mr. REID. Mr. President, I hate to mittee heard expert testimony on the has provided some impressive statis- broach the subject because last time it merits of a national program to recycle tics. For example, in 2001, 31 percent of didn’t work out as well as I had con- beverage containers. Vermont’s municipal waste was di- templated, but I hope if something The reason that I continue to push verted from landfills. That year, 13,260 comes up that we can’t finish our work this issue is simple—it makes sense. tons of containers were recycled on Friday, we will go over into the Beverage container recycling is one of through soft drink and beer distribu- weekend because everyone believes the simplest ways to see a dramatic tors and materials recovery facilities. they would rather work—I don’t know improvement in our environment. As The benefit of these programs is, of about everyone—most people believe this chart shows, 120 billion—let me re- course, that they help keep our Green they would rather work this weekend peat, 120 billion with a ‘‘b’’—beverage Mountains green. knowing we don’t have to come back containers were wasted by not being I commend and thank Governor Jim until after the first of the year. I hope recycled in 2001. Douglas for his many recent initiatives the leadership on the other side will If we could raise the Nation’s recy- to encourage and improve the effi- keep that in mind and alert Senators cling rate to 80 percent, we would save ciency of recycling across Vermont. that we may have to work Saturday the equivalent of 300 million barrels of For example, under Governor Douglas’ and maybe even Sunday to get out of oil over the next 10 years and eliminate leadership, Vermont has implemented here for the Thanksgiving holiday and 4 million tons of greenhouse gas emis- beverage container recycling programs the year generally. sions annually. States that have en- at 20 State information centers.

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14925 In the first phase, in less than 2 in the Senate bill. This conference re- ronmental law and policy. In addition, months, over 200 pounds of aluminum, port extends the phaseout for a decade important issues which received major- glass, and plastic were recovered from and includes provisions that would ity support in the Senate, such as a Re- 51,00 visitors passing through one such allow the President to decide to con- newable Portfolio Standard for elec- information center in Willison, VT. tinue the MTBE use. tricity, requirements to reduce our de- And today, the U.S. Senate’s other This bill provides legal immunity to pendency on foreign oil, and adoption Vermonter, PATRICK LEAHY, joins me large petrochemical companies from of sensible climate change policy, have and Senators JOSEPH LIEBERMAN, DAN- ‘‘defective product’’ liability arising been dropped. IEL AKAKA, and JOHN KERRY as original from the contamination of ground- While I support the establishment of cosponsors as I introduce the National water supplies by the gasoline additive a comprehensive energy policy for the Beverage Producer Responsibility Act MTBE. United States, we should not use the of 2003. It also terminates a lawsuit filed by final energy bill as a means to roll I recommend that all take advantage the State of New Hampshire by reach- back important environmental protec- of this wonderful system we have in ing back to provide immunity as of tions. Vermont and in other States. I ask ev- September 5, 2003. This language allows This bill will not promote energy eryone to take a close look and see if a contaminating product to be used, self-sufficiency, will not promote it, we wouldn’t be much better off if the possibly indefinitely, and provides and will cause environmental damage. rest of the country follows suit. communities with no fiscal remedies to It is my sincere hope that these unwise Mr. President, I suggest the absence clean it up. provisions will be removed, and I urge of a quorum. As a further subsidy to the industry, my colleagues to consider seriously the The PRESIDING OFFICER. The the bill exempts all construction ac- environmental effects of this legisla- clerk will call the roll. tivities at oil and gas drilling sites tion in making their final decisions re- The legislative clerk proceeded to from coverage under the runoff require- garding whether or not to support this call the roll. ments of the Clean Water Act. measure when it come before the Sen- This means that contaminants, such Mr. JEFFORDS. Mr. President, I ask ate. as toxic chemicals, grease, and other unanimous consent that the order for Mr. President, I suggest the absence pollutants from oil and gas drilling, the quorum call be rescinded. of a quorum. will end up in our waterways. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Conferees have also removed hydrau- clerk will call the roll. objection, it is so ordered. lic fracturing, an underground oil and Mr. JEFFORDS. I ask unanimous The legislative clerk proceeded to gas recovery technique, from coverage consent to speak in morning business call the roll. under the Safe Drinking Water Act. Mr. KENNEDY. Mr. President, I ask for up to 10 minutes. This is a process in which water, sand, unanimous consent that the order for The PRESIDING OFFICER. Without and toxic chemicals are injected under the quorum call be rescinded. objection, it is so ordered. high pressure into oil- and gas-bearing The PRESIDING OFFICER. Without f rocks, potentially polluting drinking objection, it is so ordered. ENVIRONMENTAL PROVISIONS IN water supplies. Mr. KENNEDY. Mr. President, I ask THE CONFERENCE REPORT ON This bill suspends these existing unanimous consent to speak as if in H.R. 6 drinking water protections, even morning business. though courts have found that hydrau- The PRESIDING OFFICER (Mr. ROB- Mr. JEFFORDS. Mr. President, the lic fracturing should be regulated to ERTS). Without objection, it is so or- conference report on H.R. 6, the com- protect the public health. dered. prehensive energy legislation, was re- Also, the conferees have included lan- f leased over the weekend. As the rank- guage to speed up energy exploration ing member of the Environment and and development at the expense of en- MEDICARE PRESCRIPTION DRUG Public Works Committee, I have come vironmental review and public partici- BENEFIT to the floor today to share my deep pation on both Federal and non-Fed- Mr. KENNEDY. Mr. President, I concern that this bill will endanger our eral lands. The public will have less wanted to take a short time this after- environment and unfairly benefit spe- time to review and consider the impact noon to talk about some of the con- cial interests. of these projects. cerns that I have on the recently The final conference report contains When these reviews occur, oil, gas agreed to proposition on the Medicare provisions that significantly change and geothermal energy companies can prescription drug agreement that was environmental law and undermine be reimbursed through credits against reached over the course of the week- long-standing environmental protec- future royalties payable to the tax- end. tions. It is my sincere hope that the payer for the costs of undertaking en- As we are anticipating this measure conference will remove many of these vironmental assessments. These provi- which is now being examined in terms provisions during their meeting today. sions subsidize energy development on of the Congressional Budget Office esti- The Environment and Public Works our public lands. mates and the legislative language Committee, on which I serve, has juris- The conferees have also included pro- that is being prepared, I expect that we diction over environmental matters, visions that mandate specific time- will be addressing it at the end of this and we were not consulted in the devel- frames and deadlines for agency deci- week or sometime in the very near fu- opment of any of these provisions. sions on Federal oil and gas leases. ture. I want to at least bring some This bill drastically rewrites existing This would establish oil and gas devel- focus and attention to some of the pro- clean air law. It postpones ozone at- opment as the dominant use of our visions in the legislation that haven’t tainment standards across the country. Federal public lands. gotten the focus and attention they de- This is a matter never considered in ei- Our other Federal lands are at risk of serve, which they should have, and ther House or Senate bill that has been becoming electric transmission cor- which I hope our Members will give inserted into the conference report. By ridors with this bill as well. The De- study. inserting this language, the conference partment of Energy can open new areas There is no truer indication of a na- will expose the public to dangerous air for transmission line construction, tion’s priorities than the investment it pollution emissions for far more time harming the wildlife, water quality, makes, and the legislation the Senate than under existing law. Several Fed- recreational and other values we have considers today I believe squanders a eral courts have already struck down sought to protect for years. historic opportunity with a disregard regulatory proposals similar to the My colleagues should know that this for the Nation’s health, particularly provisions in the conference report as is not an exhaustive list of the environ- for our seniors. There is a provision in violations of the Clean Air Act. mental provisions of concern in this this bill dealing with a $12 billion slush The gasoline additive MTBE, which bill. fund to lure HMOs into Medicare. is known to contaminate groundwater, In almost every title, there are sig- Let’s see if I have the reasoning be- would have been phased out in 4 years nificant changes to long standing envi- hind this fund right. The supporters of

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14926 CONGRESSIONAL RECORD — SENATE November 17, 2003 the legislation are so concerned that icans over a lifetime that they thought Medicare is a universal system that HMOs can provide health care to sen- was going to be put into the Medicare guarantees everyone will be treated iors more efficiently than Medicare system, and we are going to use that to equally, according to their medical that they give HMOs a $12 billion pay- subsidize the private sector. I hope we needs. This legislation turns that prop- off so they can compete. If they are so will have a chance for explanations. osition on its head and makes your efficient, why do they need the hand- Second, there is a provision included medicare benefits dependent on where out? I guess the sponsors of the legisla- in this conference that was not in- you live and what will help private in- tion believe a 9 percent reimbursement cluded in the Senate proposal, pre- surance companies the most. bonus for HMOs is not enough. In this mium support. I never heard the Presi- This is the House Budget Committee, legislation there is the assurance the dent indicate strong support for it, or the Medicare actuarial data. The dif- HMOs will get a 9 percent increase over those who speak for the President. I ference if we have premium support in Medicare in reimbursement rates. don’t think a great many of our col- Florida, what the premiums would be 1 In addition, there is what they call a leagues are able to define what pre- year in Dade County and another year stabilization fund which is effectively a mium support is, but they will learn in Osceola, Fl: Double the premium for $12 billion slush fund which will also be about it soon enough if they vote for the Medicare patients living in Dade; available to subsidize the HMOs. this legislation. Premium support is a half that for those in Osceola. Now That package adds up to a rather ex- proposal that is primarily sponsored by that is in Florida. traordinary benefit to the HMOs. The those who are opposed to the Medicare Take premium support in California. bill calls for competition between system. If you live in Los Angeles, $1,700; in Medicare and the HMOs. Yet in this Let’s make no bones about it. There Yolo, CA, $775. agreement private plans are going to are a number of other colleagues who It is just based on where you live. get paid 109 percent of traditional are still strongly opposed to Medicare. You have lived there all your life. You Medicare reimbursements. And, those That is no mystery, no secret. This have your home. You have paid your enrolled in HMOs are 16 percent proposal puts forward one of their taxes. You have brought up your chil- healthier. That cumulatively is a 25 strongest beliefs—that we need to dren, and you have retired, and you percent bonus to the private sector to change the Medicare system—I say un- find you are going to pay $1,700 for compete with Medicare, without even dermine the Medicare system—with your premium; and someone in Yolo considering the $12 billion slush fund. premium support. What that means is County, CA, is going to pay $775. Why? Our friends on the other side say we the averaging of various premium bids Because of this new concept of pre- want competition in this system. Yet to determine the Medicare system re- mium support. It will happen in every State. For they are giving them the 25 percent ad- imbursement rate. The difference be- New York City, the Medicare actuaries’ vantage in order to compete with Medi- tween what the Medicare system reim- estimate that in Queens, seniors would care. burses and what real cost is going to be pay $2,000, but only $975 in Erie, NY, The bill that passed the Senate was a paid by the individual. The premium because that is the estimate of what prescription drug bill that had bipar- support proposal does what the insur- the premiums will be with competition tisan support, with 76 Members for it. I ance companies do best, and that is in New York. cherry pick the healthiest senior citi- was proud to stand here and support it. Try to explain that to your seniors zens for their plans so they are able to But now we basically have the restruc- who have lived their life, who have turing of our Medicare system. We do make money, and leave those who are served this country, brought the Na- it in a way that provides a funda- sicker and older in the Medicare sys- tion out of the Depression, fought in mental risk to the Medicare system. tem where the premiums will rise. the wars, are living back home, and I will demonstrate with this chart. That is why I am opposed to this agree- find out their premiums have increased This is the Medicare actuarial esti- ment and the proposal. 100 percent or 200 percent or 300 per- mates of the disparity of the premium I have given one illustration of why cent. this proposal that is strongly sup- support, what the premium would be This is not just what I am saying ported by our friends in the House is under the proposed legislation. The na- about premium support, these are the going to weight this agreement so tional average of the current law is Medicare actuaries. This information heavily for the HMOs and the PPOs. $1,200. Several years ago, the estimate comes to us from testimony given be- They talk about a fair playing field be- under the premium support was $1,771. fore the Finance Committee. tween the private sector and the Medi- The new average this year is $1,501. Here we have figures from my home care. That is hogwash. In the Senate How do we know what the true esti- State of Massachusetts: $1,450 in bill we passed a prescription bill. It had mates will be? Premium support is un- Barnstable, $1,000 in Hampden, MA. So, real competition for all parts of the tested, untried, unworkable. We are $400 more if you live down in country with a backup system of Medi- playing roulette with premium costs Barnstable County, in Cape Cod, than care, but not in the proposal that for our senior citizens. This is a social the center part of the State. comes out of the conference. experiment that uses our seniors as So if you support this proposal, and I remind our seniors the 25 percent guinea pigs. That is what premium sup- you support the premium support, then bonus that is going to the HMOs is ef- port is. you are going to have to explain to fectively being paid by our seniors Look at the difference, say, if you are your constituents and to your elderly today in the Medicare premiums. They in Florida. The agreement reached said people that if they live in one commu- are the ones, on the one hand, who are by the year 2010 the Secretary will be nity, they may be paying double what paying into this fund; on the other able to designate six metropolitan sta- their neighbors are paying in another hand, it is the conference report that is tistical areas that qualify. Currently, community. effectively taking the 25 percent and half the States have those areas. With What this proposal puts forward has giving it over to the private sector. the kind of subsidies we are providing never been tried. It has never been And we wonder why seniors might be in this legislation, by the year 2010, I tested. And it is mandated—man- somewhat concerned about that ar- doubt whether there is any State that dated—in this compromise from the rangement. Do Members think the sen- will not have the opportunity to qual- House of Representatives. It is man- iors at home will not ask: Why aren’t ify. I hope our colleagues listen care- dated in this bill. we using all that money to either make fully to that because this diversity in You will hear the other side saying: sure the benefit package is a stronger premiums is going to come to your Senator KENNEDY has not got it quite benefit package to help me, to help my State and you are going to have to ex- right. You will hear them say: We put family, or to help my grandparents? plain why a senior in one county, who a restriction in there, they can only go The decision made in the conference pays same taxes, worked just as hard up 5 percent this year. Five percent was no, we insist on ‘‘competition.’’ all his life, and who deserves Medicare, this year, 10 percent the next year, 50 But they are going to take the 25 per- has to pay twice as much as his neigh- percent the year after. cent, which has been paid in dollar by bor in the next county over in pre- Let’s get real. Look at the direction dollar by dollar by hard-working Amer- miums for medicare. in which we are going. This proposal

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14927 has heavy subsidies for the HMOs and a care. No, no, we did not have those. We have 6 million people in the un- roll of the dice on the premiums for our Ours was basically a prescription drug tested, untried premium support dem- senior citizens. And that is not even program focused on the neediest sen- onstration. Add that up, 15 million of the beginning. iors built on private sector delivery the elderly and disabled are going to be Currently, of our 40 million seniors, with a backup in terms of the Medicare impacted or affected by this program. there are 6 million who have Medicare system. That was the compromise. At the same time we are talking about but also who have what they call Med- But not here. The conference needed billions of dollars in the slush fund for icaid to those who are very poor, we more money to pay for what they call the PPOs. We are talking about the are talking about 100 percent of pov- health savings account, the medical health savings accounts, which are bil- erty or below. Those beneficiaries have savings account, which they have put lions of dollars, that the taxpayers are to pay copayments for medical care. in this particular conference report, at going to end up paying. Then we have Most of the States pick up those copay- the cost of anywhere from $6 to $7 bil- the asset test which is going to exclude ments. That is what is existing today. lion, draining our national deficit even many of our seniors. Do you think that is going to con- more and adds to the total cost of the This legislation has been altered and tinue under this bill? No. No, no. No, legislation. changed. It was a prescription drug no, that does not continue under this Health savings accounts are designed program when it passed the Senate proposal. That is actually prohibited for the healthiest and wealthiest peo- with strong bipartisan support. Now it under this legislation. ple in our society leaving the sickest is a Medicare Program. At the heart of There will be 6 million of our seniors and poorest of the workers in this this program are the kinds of instru- who are getting help and assistance country in the private sector where ments that can undermine Medicare from their States today who will be their premiums could be increased by and threaten our seniors now and in prohibited from getting it under this 20 to 30 to 40 percent. As the debate the years to come. It doesn’t deserve to proposal. Why? This all saves the unfolds, we will be presenting further pass. money—probably $9 to $12 billion—to estimates on this. It was best esti- I suggest the absence of a quorum. use for other purposes. mated, from the Urban Institute, at 60 The PRESIDING OFFICER. The If you come from a State with large percent increases. clerk will call the roll. numbers of very poor, and where the This conference report gives us a The assistant legislative clerk pro- State is paying that $1, $3, $5, in terms whole new kind of a system. We have ceeded to call the roll. of the prescription drugs, it does not the heavy subsidizing of private plans Mr. BOND. Mr. President, I ask unan- sound like a lot of money. But if sen- with 25 percent more being paid for by imous consent that the order for the iors need that drug two or three times seniors. We have the experimental sys- quorum call be rescinded. a week, it piles up every week, it piles tem where you are going to have those The PRESIDING OFFICER. Without up every month, and it piles up every enormous swings in premiums all over objection, it is so ordered. year. the country without any predict- f Why does the conference bill do that? ability, and it is untested and untried. Why in the world did they do that? It We have the cutting back of 3 million MORNING BUSINESS was not in the Senate bill. It was in the of the neediest people because of the Mr. BOND. Mr. President, I ask unan- House bill, and it was accepted in the reimposition of the asset test. We have imous consent that the Senate proceed conference. the introduction of the health savings to a period for morning business with Now we come back to those who are account which is going to skew the Members permitted to speak up to 10 the very needy and the very poor, and health delivery system for millions of minutes. we see many of our elderly who are ex- workers and the young people in this The PRESIDING OFFICER. Without cluded from this program with what we country. objection, it is so ordered. call an asset test. Many people are going to bail out of f The asset test is basically the fol- their traditional system, and leave MEASURES PLACED ON THE CAL- lowing: If you own a car that is worth their coworkers, who may have greater ENDAR—S. 1862, S. 1863, S. 1864, S. more than $4,500, you have a wedding kinds of health threats, to pay a very 1865, S. 1877 ring worth $2,300, you have $6,200 in enhanced premium and also enhance savings, and you have a burial plot the premium of the companies them- Mr. BOND. Mr. President, I under- that is worth more than $1,500, all that selves. stand there are five bills at the desk, is considered in terms of your assets to What are we talking about with this and they are due for a second reading. exclude you from being eligible for ben- legislation? Let’s add it up. Of the I ask unanimous consent that the clerk efits targeted to the poorest of the about 10 to 12 million American work- read the titles of the bills en bloc for a poor. ers who now have retiree accounts, second time. The Senate bill said that low-income under this proposal, the best estimate The PRESIDING OFFICER. Without people could get the assistance they is that 2 to 3 million of those who are objection, it is so ordered. The clerk needed without going through a cruel covered today will lose that, according will read the bills by title. and demeaning assets test. to CBO. The assistant legislative clerk read Senators from New Mexico, Mr. We heard the estimate—this was a as follows: BINGAMAN and Mr. DOMENICI offered an real good one—that up to 30 percent of A bill (S. 1862) to provide certain excep- amendment, which passed by 67 votes, those who were getting coverage were tions from requirements for bilateral agree- to reaffirmed the Senate’s desire not to going to lose it. And then some of our ments with Australia and the United King- penalize people because they managed Republican friends said that is too dom for exemptions from the International to save a small amount of money dur- much, that is too many, so let’s expand Traffic in Arms Regulations. ing their working lives. I was proud of A bill (S. 1863) to authorize the transfer of the base, which they did. Let’s include certain Naval vessels. the Senate, of Republicans and Demo- all the Federal employees. Let’s in- A bill (S. 1864) to enhance the security of crats alike, for recognizing that if we clude other groups in there to lower the United States and United States allies. were going to pass a prescription drug the percentage. Now they come out and A bill (S. 1865) to enhance the security of bill, it ought to be targeted on the say: I know it was 33 percent before; the United States and United States allies. neediest of the needy. But the bill put now it is only 12 or 14 percent. A bill (S. 1866) to enhance the security of forward by this conference went in the The total numbers are the same. You the United States and United States allies. opposite direction and restored that are going to lose the 3 million. Mr. BOND. I would object to further cruel and demeaning assets test. This is what we have: 6 million Med- proceedings en bloc. We had a good bill. We did not pro- icaid beneficiaries who now have wrap- The PRESIDING OFFICER. The ob- vide these large subsidies to the PPOs around coverage; they are going to be jection is heard. The bills will be and the HMOs. We did not have pre- paying more. You have 2 to 3 million placed on the calendar. mium support program that so threat- retirees who lose their coverage. They Mr. BOND. I suggest the absence of a ens, undermines and endangers Medi- are going to be hurt by this legislation. quorum.

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14928 CONGRESSIONAL RECORD — SENATE November 17, 2003 The PRESIDING OFFICER. The and that they are opposed to the Bond fore. I didn’t know that if you mow clerk will call the roll. amendment. Nonetheless, we are where your lawn for 1 hour it is like driving The assistant legislative clerk pro- we are. the automobile for 13 hours. ceeded to call the roll. I have come to the floor today simply This chart shows how long you would Mrs. FEINSTEIN. Mr. President, I to speak about why I think this is so have to drive a car to produce as much ask unanimous consent that the order egregious—and I do think it is egre- pollution as when you operate various for the quorum call be rescinded. gious. I believe it is the first major set- types of equipment for one hour. The PRESIDING OFFICER. Without back from the clean air amendments of In other words, using a weed trimmer objection, it is so ordered. 1990, and specifically from the amend- for 1 hour produces as much pollution Mrs. FEINSTEIN. Mr. President, is ments allowing States to regulate air as driving a car for 8 hours, mowing a the Senate in morning business? quality for the protection of their own lawn for 1 hour produces as much pol- The PRESIDING OFFICER. The Sen- people. By eliminating this, we are lution as driving a car for 13 hours, and ate is in morning business. taking important rights away from the operating a forklift for 1 hour produces f States certain rights and diminishing as much pollution as driving a car for a full 17 hours. SMALL ENGINE POLLUTION the States’ ability to take care of their own people. Clearly, this is a problem. In 8 hours Mrs. FEINSTEIN. Mr. President, I As the fire chiefs have said to me in a person can drive from Washington to will make my remarks as if in morning a letter, if they waited for the Federal Charleston, SC. Or he can mow the business, but my remarks pertain to Government to regulate bedding and lawn for an hour and produce just as the HUD–VA bill, and in particular to upholstery, they would be still be wait- much pollution. The States need to be the small engine provision of that bill. ing for that regulation. Instead, the able to clean up these engines. If Members will remember, the Sen- States have taken it on their own to The small engine provision is bad for the States and for public health. The ator from Missouri, in the Appropria- make those regulations. The people of compromise from last week did not tions Committee, placed an environ- California are much safer because of it. mental rider into the HUD–VA bill Let there be no doubt. I believe very change the substantive issues. The small engine provision is still which would prevent California from strongly that this small engine provi- using an appropriations bill to make moving forward with its regulation to sion should be removed from the bill fundamental changes to the Clean Air regulate off-road engines under 175 and that we should restore the States’ Act. It is an environmental rider on horsepower. The State has developed a rights to protect public health under regulatory scheme to do so because the HUD–VA bill. It has had no author- the Clean Air Act. ization. It has had no hearing. It does these engines were a substantial part— On the surface, the amendment that 17 percent—of the mobile source pollu- not belong in this bill. was adopted on Wednesday looked like The amendment from Wednesday tion in the State, and it was believed a substantial improvement. At the still takes a longstanding right away by the California Air Resources Board time I thought it was an improvement from the States. States with serious that regulation of these engines could simply because it dropped from 175 air pollution need to be able to reduce be achieved and, in fact, could reduce horsepower to 50 horsepower. However, emissions from these engines. The 1990 pollutants considerably. the amendment still blocks all States amendments to the Clean Air Act guar- On the floor of the Senate, the Sen- from regulating some of the dirtiest antee the States the right to do so. ator from Missouri offered an amend- engines out there. This provision overturns that right ment to his amendment from com- The States will lose the ability to re- without even going through the proper mittee. The new language which duce pollution from all spark-ignition channels. changed the amendment, in my view, engines smaller than 50 horsepower. Under the compromise, my State making it better, by only affecting en- This includes lawn and garden equip- alone will lose the right to regulate gines under 50 horsepower. I spoke ment, some forklifts, recreational over 4 million cars’ worth of pollution. against his amendment in the Appro- boats, off-road motorcycles, and all- That is what is being taken away—ac- priations Committee. I did not press terrain vehicles. The original small en- cess to 4 million cars’ worth of pollu- for a vote on the small engine amend- gine provision would not have affected tion. That means the State is most ment which he offered on the floor boats or off-road motorcycles. But the likely going to have to tighten regula- largely because I thought we would amendment adopted on Wednesday is tions on stationary sources, which is lose it and that we had a better chance broad enough to affect a whole new going to mean more expense to major of trying to remove the language from group of engines. industries in the State of California. the bill in conference. This provision will take four Cali- That means job loss in other indus- The bill has been preconferenced. fornia regulations off the books. My tries. Sadly, we have not been able to remove State will lose regulations on lawn and I cannot see how building cleaner en- that language from the bill. I am told garden equipment, recreational boats, gines should cost jobs to individuals at today that if I were to submit the and off-road motorcycles. one company when every other com- amendment we had prepared which I don’t know whether the effects on pany has said they will be able to build would eliminate the Bond amendment additional engines were intentional or the engines without job loss. Because in its entirety, I would not be allowed not. We told the Senator from Missouri Briggs & Stratton does not like one a vote on that amendment. I believe about them and the language did not California regulation, every State in the rationale is because I agreed to go change. the Union is going to permanently lose to conference. I had only because I But I want to point out another im- the right to reduce pollution from didn’t want to lose on the floor and I portant fact about the amendment these engines. States with serious pol- thought I didn’t have the votes. adopted on Wednesday. The language lution problems need to be able to re- Since that time, a number of States requires the U.S. Environmental Pro- duce these emissions or risk harming have realized that their regulatory tection Agency to propose a new na- public health and losing transportation schemes would also be impacted by this tional regulation by December 1, 2004. funds. provision. Other States would be af- It does not require the EPA to finalize This provision affects every single fected because the 1990 amendments to that regulation, ever. They could pro- State, not just California. For example, the Clean Air Act essentially said that pose a regulation and never finalize it. I understand that New York has al- California has the ability to regulate The one promising part of this amend- ready adopted the California regula- these engines, and other States may ment guarantees nothing. The States tion affecting recreational boat mo- then take various components of that need to reduce these emissions now. tors. New York will lose that regula- regulation and enact them as their own I want to remind my colleagues just tion because of this provision. State law if they so choose. Since last how dirty these engines are. You will Eight southeastern States—Alabama, week, a number of States have weighed see here that mowing the lawn pro- Florida, Georgia, Kentucky, Mis- in indicating they have regulatory re- duces as much pollution as driving a sissippi, North Carolina, South Caro- gimes underway that would be affected car for 13 hours. I didn’t know that be- lina, and Tennessee—have all written a

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14929 letter opposing this provision. The let- and above Federal regulations for the same The PRESIDING OFFICER. Without ter clearly states that any compromise emission sources and reflects California’s objection, it is so ordered. that does not fully restore the State’s more health-protective rules. For context, 70 (See exhibit 2.) rights is unacceptable to those States. tons per day is equivalent to adding 2.4 mil- Mrs. FEINSTEIN. Mr. President, I do lion cars to California roadways . . . Mr. President, I ask unanimous con- not quite know what to do. I would sent that the November 10 letter from So when the conference committee very much like to have a vote on this the Southeastern States Air Resources includes this provision in their con- matter. I have tried to importune the Managers be printed in the RECORD fol- ference report, they are effectively conferees. I am told the Governor of lowing my remarks. adding 70 tons of pollutants to Califor- California, Mr. Schwarzenegger, now The PRESIDING OFFICER (Mr. nia’s air each day. The California Air inducted as Governor, has indicated his CRAPO). Without objection, it is so or- Resources Board has also said that this support for the removal of this amend- dered. provision could well result in the death ment. It is my understanding that a (See exhibit No. 1.) of more than 300 people per year in whole panoply of States oppose this Mrs. FEINSTEIN. Thirdly, States California alone. provision. still need flexibility to improve air California already has seven non- It is clear to me this is a bad thing. quality. One size-fits-all solutions just attainment areas, more than any other It is clear to me this is going to set do not work. We should not force every State. My State has the worst air qual- back the cause of clean air. It is clear State to rely on national regulations. ity in the country, and now this provi- to me this is going to impact young- National regulations move too slowly sion is taking away the State’s right to sters and the elderly with asthma and and are often just not strong enough regulate some of the dirtiest engines other lung diseases. It is clear to me for States with a lot of pollution. available. It is a strike at the core of that it is going to impact our transpor- We have heard a lot about unfunded States’ rights under the Clean Air Act. tation dollars. It is clear to me that by mandates lately in the Senate. We have The small engine provision also 2010, because of one company, Cali- given the States a duty to protect pub- threatens our economy. California has fornia is going to have deal with 70 ad- lic health. The small engine provision to reduce emissions from these engines ditional tons of smog per day. None of does not change the States’ responsi- to comply with air quality require- this needs to happen. bility but it takes away a mechanism ments under the Clean Air Act. Taking I regret that I cannot send an amend- by which they might comply with this away the State’s right to reduce emis- ment to the desk. I regret I am not mandate. This provision, in a sense, sions threatens our State Implementa- being allowed a vote on the amend- creates another unfunded mandate. tion Plan, with serious economic con- ment. But this is the wrong thing to The amended provision still creates a sequences. do. very bad precedent. I don’t think one Violating the State’s plan will jeop- I yield the floor, Mr. President. ardize $1 billion in transportation company should be allowed to overturn EXHIBIT 1 funds per year in Southern California States’ rights under the Clean Air Act, SOUTHEASTERN STATES AIR alone. The South Coast could lose especially when that company said on RESOURCE MANAGERS, INC., their annual report to the Securities those funds next summer. The South November 10, 2003. and Exchange Commission on Sep- Coast has the worst air quality in the Hon. ZELL MILLER, tember 11, 2003, that the disputed regu- nation and cannot afford to lose $1 bil- Dirksen Senate Office Bldg., lion per year in transportation funds. Washington, DC. lation would not ‘‘have a material ef- DEAR SEN. MILLER: Southeastern States fect on their financial condition or re- Statewide, this provision threatens $2.4 billion in transportation funds. Air Resource Managers, Inc. (SESARM), rep- sults of operations, given that Cali- resenting the directors of the southeastern fornia represents a relatively small And this is just in California. state air pollution control agencies in Ala- percentage of Briggs & Stratton’s en- So this has huge ramifications for bama, Florida, Georgia, Kentucky, Mis- gine sales and increased costs will be my State and every other State facing sissippi, North Carolina, South Carolina, and passed on to California consumers.’’ serious pollution. They will all be in a Tennessee, is writing this letter to encour- This is their 10–K, their report to the serious situation in the future when age your support of the removal of a position the time comes and they find their introduced by Senator Bond in S. 1584, the Securities and Exchange Commission, Fiscal Year 2004 VA, HUD and Independent from just 2 months ago. Where does the hands are tied because one company did not want to build cleaner engines. Agencies Appropriations Bill. The provision truth really lie? If California is just a would amend Section 209(e)(1)(A) of the small part of the company’s market It has become clear that the sup- Clean Air Act to curtail a state’s authority and the company will just pass on the porters of the small engine provision to reduce emissions from diesel and gasoline costs, why does Briggs and Stratton ob- have confused two very different ideas. off-road equipment and engines. ject to the California regulation and Just because a group is concerned While Senator Bond’s proposed provision insist on changing the Clean Air Act? about the California regulation on regarding the off-road engines apparently lawn and garden equipment does not was intended to address rules adopted only It makes no sense. in California, it will limit the ability of all I believe people will pay the nec- mean they support the small engine provision. states to solve serious public health-related essary costs for cleaner engines. I be- air quality problems. Senator Bond’s pro- lieve that people will pay for cleaner The California Association of Fire posal revises a very important provision of lawnmowers when they learn that you Chiefs has expressed important safety the Clean Air Act which allows states to have to drive your car for 13 hours to concerns about a specific regulation. adopt engine emission standards more strin- produce as much pollution as your But the chiefs have also clearly said gent than the federal standards as long as lawn mower does in 1 hour. they oppose the small engine provision appropriate federal review processes are fol- because of its affect on States’ rights. lowed. Congress wisely put this provision Every company and every industry into the Act to give states the ability to deal needs to do their part to protect public The Fire Chiefs understand the impor- tance of state leadership on these with serious air quality problems across the health. Briggs & Stratton should be no country. SESARM opposes the impact of the different. We should not allow them to issues. To quote the chiefs’ November Bond proposal on this important provision. pass the buck to other industries. 11 letter in reference to the small en- Please note that other compromise amend- Once again I will quote from a letter gine provision: ments which fall short of fully restoring Sec- from Allen Lloyd, the Chairman of the We were never asked to comment on this tion 209(e)(1)(A) are, in our opinion, unac- California Air Resources Board, about matter, but for the record, we do not support ceptable and will constrain states as dis- cussed above. SESARM and your state air this provision. According to Mr. Lloyd, legislation that would interfere with a state’s ability to protect its own citizens. pollution control agency would appreciate . . . the aggregate impact of the 50 hp [horse- Mr. President, I ask unanimous con- your support of removal of the Bond Amend- power] preemption will be 70 tons per day of ment from S. 1584. smog by 2010, the date by which California’s sent that the Fire Chiefs’ letter from Sincerely, various offroad regulations would have been November 11 be printed in the RECORD JOHN E. HORNBACK, fully effective. This tonnage impact is over following my remarks. Executive Director.

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14930 CONGRESSIONAL RECORD — SENATE November 17, 2003 EXHIBIT 2 come up. When we had the committee States can take bits and pieces of the CALIFORNIA FIRE CHIEFS ASSOCIATION, markup of this bill, the Senator and I California ruling and use it in their November 11, 2003. had an opportunity to debate it at that State. Sen. DIANNE FEINSTEIN, point. An amendment, not modified, Well, No. 1, California is the only Hart Senate Office Building, such as the one I presented on the floor State that has a narrow exemption for Washington, DC. last week, was kept in the bill. Her mo- engines under 175 horsepower that do DEAR SEN. FEINSTEIN: The California Fire Chiefs Association (CFCA) has been express- tion to strike failed 17 to 12. not affect agriculture and construc- ing concerns about the potential fire hazard After that time, we met with the tion. Obviously, many of these engines posed by catalytic converters that may be Senator from California and other con- that are affected would affect agri- required for certain lawnmowers and other cerned Senators to make sure we did culture and construction. No State can outdoor power equipment. In just the past not do the things that the current Cali- pick and choose and develop its own few days, out concerns seem to be receiving fornia Air Resources Board regulation regulations from part of the California significant attention. After further investigation we have deter- would do; that is, cost 22,000 American regulation or take bits and pieces of mined that there were some misunder- jobs and put at risk of fire, burn, and the California regulation. No State, on standings between CFCA representatives and explosion people using small engines, its own, can go out and regulate these the California Air Resources Board (CARB) whether they be in a lawnmower, a leaf small engines. There was a presump- as it relates to the regulations. blower, a weed eater, or a chain saw. tion in the Clean Air Act that we The fire safety issues we raised need more These were the real problems in the would have a national standard. attention and require independent assess- California Air Regulation Board pro- Now, the EPA has moved forward on ment before engineering and production de- cisions are made. In our most recent discus- posal. regulations on a wide variety of en- sions with CARB, they support the idea of an Now, when I listened to the Senators, gines. We are directing them specifi- independent study, and have proposed mov- they wanted to make sure, No. 1, they cally to go after these small engines ing forward with a study, much the same as did not affect diesels. I said good point; and get the proposed rule out within 1 what is now underway with catalytic con- make sure we cut diesels. They wanted year, to consider job loss, and to con- verters being used in marine applications. to make sure it only applied to smaller sider the fire hazard of these catalytic We enthusiastically support this idea, and engines, and that is why we put the 50 converters. will be working closely with CARB, the Sate I understand the CARB regulation Fire Marshal, and the US Environmental horsepower and smaller engine limita- Protection Agency to ensure that all fire tion in it. They wanted to make sure would not go into effect until 2007. My safety concerns are addressed. We wish to you could require retrofitting, and we colleague from California said we can- make clear that we regard fire safety and en- made it clear it was only for new en- not force all States to rely on national vironmental quality as being equally impor- gines. standards. Well, that is what the Clean tant, and wish to make it clear that we sup- Most of all, almost every State want- Air Act does. We want to make sure port without reservation the air quality ed to get some form of reduction of pol- the national standards are imposed to goals of the proposed requirements. We sup- lution from these small engines, so we give every State the reduction in air port the regulation moving forward as we have received assurances from CARB that crafted an amendment that made all pollution which comes about from im- our safety concerns will be addressed those changes and specifically directed plementing the kinds of changes that through the independent study. the EPA to move forward with a rule. were made for ATVs and snowmobiles Finally, we understand that as a separate The fastest they can do that rule is that do not require catalytic con- matter, the Senate is debating the question that it is to be proposed by December 1, verters. of whether states are free to develop safety 2004; and then the EPA is required to At the end of the day, if they cannot and environmental standards. We were never move forward on it. That would be a get the reductions, then EPA, which asked to comment on this matter, but for the record, we do not support legislation quicker reduction in emissions than has a national responsibility, can lis- that would interfere with a state’s ability to under CARB, the California Air Re- ten to all of these arguments. Frankly, protect its own citizens. To the contrary, we sources Board, proposal. many of the arguments made by the have had to count on the Sate of California Now, when this measure came to the Senator from California reflect a com- to develop fire safety standards for uphol- floor, I had a number of cosponsors, pletely different understanding than I stered furniture, mattresses and bedding be- people who felt very strongly, as do I, have on the science and on the tech- cause the federal government has failed to do about this amendment, and we debated nology involved. so. The issues of fire safety and air quality it on the floor. The Democratic leader- Under these circumstances, I do not as they relate to outdoor power equipment can be addressed, and I believe that working ship came to us and said: We do not think we ought to be exporting 22,000 closely with CARB we will find a solution want to vote on this. We want to ac- jobs to the Far East, perhaps China, that will provide a high degree of fire safety cept it by voice vote. We said: All and posing a significant fire risk to while maintaining CARB’s goals for air qual- right, we will cut off the debate, accept anybody using small engines. ity. it by voice vote, if that is the last we As I have said before, I use those In closing, allow me to express my per- are going to deal with it. small engines. When I am using a sonal apologies to you. We were not aware Now, today, my colleague from Cali- chainsaw, I am very aware of the dan- that you had an interest in this matter or fornia says she was not a party to that ger of that saw blade. If it had a cata- that we were engaged in anything beyond fire safety. As you know, we have had our agreement and she wants a vote on it. lytic converter-heated engine, at 1,100 hands full in the past month. Even so, if we Well, I view it as a failure to live up to degrees, I do not know how I would do had been aware of your interest, we would that agreement. it. I would probably, if I cut down a have asked for your help in sorting through Nevertheless, there are a very signifi- tree, set the tree on fire with the cata- these issues. You have always been there cant number of Senators on my side, lytic converter. when we’ve needed your help. We look for- and I assume on the other side, who When we are talking about fire haz- ward to moving beyond the current issues would want to weigh in on it, and some ards, as I would think anybody in Cali- and working with you on higher levels of air of those Senators are not back. As I fornia would be very much concerned quality and fire safety for the communities of California. said, we have a deadline this afternoon about, a catalytic converter is a tre- Sincerely, when we are going to try to take other mendous fire hazard. I will go into that WILLIAM J. MCCAMMON, amendments on this bill. I said we in a moment. President, would not be debating this amendment But my colleague said one company, California Fire Chiefs Association. today because other Senators have referring to Briggs and Stratton, The PRESIDING OFFICER. The Sen- amendments that must come up. should not be allowed to change our air ator from Missouri. But there is so much misunder- quality rules. Frankly, California Mr. BOND. Mr. President, I have had standing about what the Clean Air Act wrote a rule that favors one company, numerous discussions with the Senator provides, what CARB has done, and Honda, which manufactures small en- from California. Obviously, we see what my amendment would do. gines and has very significant produc- these issues very differently. First, the Senator has said, on a tion in the Far East already. Let me point out to my colleagues, number of instances, that every State They could start up just like that be- this is not something that has just loses the right to fight pollution. cause the American companies would

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14931 not be able to retool immediately. hazards that remain unaddressed. The Mr. BOND. I object. Honda would capture the market. I am Missouri State fire marshals remain The PRESIDING OFFICER. Objec- arguing for the jobs of 5,000 workers in concerned that the CARB rule creates tion is heard. Missouri, 5,101 workers for Briggs & a significant threat to the safety of the The clerk will continue the call of Stratton, and about 2,000 of them work people, property, and the environment. the roll. for Briggs & Stratton; 3,000 of them The National Marine Manufacturing The legislative clerk continued with work for other companies that have Association is concerned that Califor- the call of the roll. part of this: In Wisconsin, 5,158 jobs; nia’s activities create marine safety Mr. REID. Mr. President, I ask unan- Georgia, 2,542 jobs; Kentucky, 2,198 issues that must be evaluated further imous consent that the order for the jobs; Illinois, 2,116 jobs; Alabama, 1,288 before they are imposed on industry. quorum call be rescinded. jobs. There is one place where they can The PRESIDING OFFICER. Without I am worried about the workers. I evaluate those concerns and evaluate objection, it is so ordered. have visited those workers. I did not the technology and make sure we clean Mr. REID. Mr. President, I have been know the Senator from California was up the air without an undue cost, a working with the distinguished Sen- coming to the floor today. Otherwise, I cost in risk of fire and explosion. I was ator from California for more than a would have brought out a scroll signed talking with a fellow in Missouri this day. I am trying to work out this very by the workers who would lose their weekend at a football game. His neigh- sensitive issue dealing with small en- jobs if this amendment were adopted. bor drove a car with a catalytic con- gines, which has been talked about at The Senator points out that Briggs & verter out into the field, caught the some length. Stratton said it wouldn’t cause them field on fire. A lot of people are very I am very disappointed that the ma- much trouble. Well, they are a multi- much concerned, in addition to these jority is not going to allow the Senator billion-dollar company. They can move groups, as to the dangerousness of from California to have a vote on this their production to China as well. I catalytic converters, which can get up amendment. It is too bad. It happens. fully expect that they would. It to 1,151 degrees. It happens too much around here. wouldn’t make much of a difference to In the November 6 letter I received When there is some decision made that the shareholders. They said it wouldn’t before there was this very persuasive they may not be able to win the vote, affect the shareholders, no. But it will meeting with the eloquent Senator they just don’t give us a vote. I think affect 22,000 jobs in the United States. from California, the California fire that is unfortunate. That is why this amendment is impor- chiefs said: I have spoken to the Senator from tant. Earlier this year, in oral and written com- California and, of course, everybody These arguments and the totally dif- munications to the California Air Resources needs to hear it from her. We are going fering view of how this problem can be Board, our association expressed serious con- to take our chances in conference on addressed should rightly be debated at cerns about the CARB’s plan to require cata- this matter. The House has said this lytic converters on lawn mowers and other the national level. The EPA is directed lawn and garden power equipment. Fire- should not be in the bill. The Senator to move forward, take all the techno- fighters have far too much experience sup- from California, if she wanted to be logical information, take the argu- pressing fires caused by catalytic converters like too many people are around here ments, listen to the safety concerns, on automobiles carelessly parked on combus- and say if she doesn’t get what she listen to the cost benefit arguments, tible grass and leaves. After this past month wants, nobody will get anything, could and figure out how the Nation can get of fighting wildland fires, we are almost too hold up action on this important legis- cleaner air by further limiting the pol- tired to think about catalytic converters on lation that Senator MIKULSKI has lawn mowers which, after all, are intended worked on for many months with the lution from these small engines. If they for use on grass. California does not need yet come down with a modified catalytic another way of igniting fires. majority. The only thing I can say is I applaud converter proposal at the end of the That was the November 6 letter sent day, so be it. to me. the Senator from California for what But the California fire chiefs were ex- Grass ignites at about 500 degrees. she has indicated she reasonably might cluded from the negotiations. The ne- Grass clippings ignite at 518 degrees. do, and that is not go forward on this gotiation went on between CARB and High efficiency catalytic converters amendment. I think it is too bad. Honda. The California fire chiefs were from CARB’s own testing reach tem- I have said it before, and I will say it stunned because they had been assured peratures of 1,126 degrees Fahrenheit. again. I personally think she is on the that there would not be a problem with We wrote to CARB. I asked them if right side of this issue. If this matter the regulation causing fire. they had any safety data, if they had were brought to a vote, I think she After they saw the CARB rule, the done any studies, had they looked at would win it on the Senate floor. Obvi- 1 California State fire marshals wrote a alternative methods, had they tried ously, we have been here now for 3 ⁄2 letter saying: out any of these small engines with hours, and the majority has indicated We categorically do not support the CARB catalytic converters, had they done they are not going to allow a vote. proposed regulation because we believe it any tests. We asked them a whole list When this amendment goes down, it will lead to a substantial increase in residen- will allow us to move forward with tial and wildland fires. of questions that any responsible agen- cy would be expected to answer. I fully other pieces of this legislation. The Senator and the chief of staff expect the Environmental Protection I say to my friend from California, it from California have had very direct Agency to make sure we have a rule is my understanding that she has heard conversations with representatives of that cleans up the environment but the statements that I have made. And the California fire chiefs. They must doesn’t cost jobs and doesn’t increase as I have indicated through the Chair have been very persuasive because now significantly the risk of fire. to the Senator from California, this their letter says: There are many issues we are not happens far too often here. When it ap- We are sure that the safety concerns can going to be able to resolve here today. pears there is a chance that we can win be addressed. I want to see these technology issues a vote, they don’t give us a vote. As a I think that suggests that there was debated, worked out on a prompt result of that, we are not going to be a great deal of effective persuasion ap- schedule, and produced in a resolution able to have a vote. But for the Sen- plied. But they were not the only ones by the EPA. ator from California, being the team who believed there was a problem, I yield the floor and suggest the ab- player she is, we would not be able to when you look at the other people who sence of a quorum. go forward on the bill. I still think the have raised questions about it. The Na- The PRESIDING OFFICER. The Senator from California and the Sen- tional Association of State Fire Mar- clerk will call the roll. ator from Nevada are members of the shals remains very concerned that the The legislative clerk proceeded to conference, and we will do our best in CARB rule cannot be safely met. The call the roll. full conference to see that justice pre- U.S. Consumer Product Safety Com- Mrs. FEINSTEIN. Mr. President, I vails. I will do what I can. mission expressed concerns over the ask unanimous consent that the order I express my appreciation to the Sen- potential for burn, fire, or material for the quorum call be rescinded. ator from California for her not moving

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14932 CONGRESSIONAL RECORD — SENATE November 17, 2003 forward with the amendment at this Pending: Mr. BOND. Mr. President, I ask unan- time. Bond/Mikulski amendment No. 2150, in the imous consent that the order for the Mrs. FEINSTEIN. Mr. President, I nature of a substitute. quorum call be rescinded. thank the Democratic whip for his con- Clinton amendment No. 2152 (to amend- The PRESIDING OFFICER. Without cern and his words. ment No. 2150), to permit the use of funds for objection, it is so ordered. the Capital Asset Realignment for Enhanced I want to correct a couple of things. AMENDMENT NO. 2194 TO AMENDMENT NO. 2150 The Senator from Missouri pointed out Services (CARES) initiative of the Depart- ment of Veterans Affairs for purposes of en- Mr. BOND. Mr. President, I send an that catalytic converters are fire haz- hanced services while limiting the use of amendment to the desk on behalf of ards. That may be true with some. But funds for the initiative for purposes of the Senator REID of Nevada and Senator virtually every automobile, every pick- closure or reduction of services pending a GRAHAM of Florida, and I ask for its up truck, every sport utility vehicle modification of the initiative to take into immediate consideration. driving on the roads and highways of account long-term care, domiciliary care, The PRESIDING OFFICER. Is there California today is equipped with a and mental health services and other mat- objection to laying aside the pending catalytic converter. It has been that ters. amendment? way for a substantial period of time. Mr. REID. Mr. President, I ask unan- Without objection, it is so ordered. Catalytic converters are nothing new. imous consent that the only amend- The clerk will report. Secondly, I want you to know that ments in order on this bill be the Day- The legislative clerk read as follows: Honda has said that they would in- ton amendment on the Wellstone Cen- The Senator from Missouri [Mr. BOND], for crease their U.S. production of these ter; Durbin amendment on senior dis- Mr. REID, for himself, and Mr. GRAHAM of engines even with the California regu- count; Jeffords amendment on new Florida, proposes an amendment numbered lation. So, in other words, there are source review study; Bingaman sense- 2194 to amendment No. 2150. other companies manufacturing these of-the-Senate amendment on DOD Mr. BOND. Mr. President, I ask unan- engines in the United States that have smallpox vaccine; Schumer, EPA clean imous consent that the reading of the said they would adhere to these new air amendment; Feingold, VA health amendment be dispensed with. regulations and produce cleaner en- care fairs/outreach; Reid-Graham, Iraq The PRESIDING OFFICER. Without gines. prisoners; Daschle, Agent Orange; and objection, it is so ordered. Thirdly, I want you to know that the managers’ amendments that are The amendment is as follows: Briggs & Stratton has already moved approved by Senators MIKULSKI and (Purpose: To express the sense of Congress some of its operations to China. I very BOND. on damages caused by the regime of Sad- much doubt that this California regula- Mr. BOND. Mr. President, I have no dam Hussein during the First Gulf War) tion has much to do with it. I am told objection on this side. On page 125, between lines 7 and 8, insert they have been manufacturing in China The PRESIDING OFFICER. Without the following new section: SEC. 418. (a) Congress makes the following since 1986, and in April of this year objection, it is so ordered. findings: they increased their ownership share of Mr. BOND. Mr. President, I appre- (1) During Operation Desert Shield and Op- two factories in China from 52 percent ciate the actions taken by the distin- eration Desert Storm (in this section, collec- to a controlling 90 percent. I am also guished minority whip, the Senator tively referred to as the ‘‘First Gulf War’’), told that California regulators have in- from Nevada, and also the agreement the regime of Saddam Hussein committed corporated Briggs & Stratton’s own by the Senator from California to with- grave human rights abuses and acts of ter- recommendations into its final rule draw her amendment. rorism against the people of Iraq and citizens issued in September. The Air Resources All I can say about it is, No. 1, we of the United States. had an agreement, we thought, with (2) United States citizens who were taken Board relaxed the regulation’s exhaust prisoner by the regime of Saddam Hussein emissions standard, relying instead on the floor staff when we debated this during the First Gulf War were brutally tor- controlling evaporative emissions, as last week—requested by the minority tured and forced to endure severe physical recommended by Briggs & Stratton. floor staff—that there not be a vote be- trauma and emotional abuse. So I don’t know why this is being cause they did not want a vote. Our (3) The regime of Saddam Hussein used ci- done. But I will tell you one thing: ev- condition was we needed to move on to vilian citizens of the United States who were erybody who votes to sustain this will other things. We would have a brief working in the Persian Gulf region before be also voting to put 70 more tons of time schedule. As you can see, there is and during the First Gulf War as so-called smog into California’s skies in 2010. no way that we can restart, in the 45 human shields, threatening the personal safety and emotional well-being of such ci- That is how important this issue is to minutes we have left, this entire de- vilians. our State. bate. (4) Congress has recognized and authorized I yield the floor. I will state that I categorically dis- the right of United States citizens, including Mr. REID. Mr. President, it is my un- agree with the views reached by the prisoners of war, to hold terrorist states, derstanding that the Senator is going Senator from California. If we are suc- such as Iraq during the regime of Saddam to withdraw the amendment. cessful in including the measure in the Hussein, liable for injuries caused by such Mrs. FEINSTEIN. I did not send it to final VA–HUD amendment, all these states. the desk. issues will be resolved by the EPA. (5) The United States district courts are The PRESIDING OFFICER. The Sen- authorized to adjudicate cases brought by in- Mr. President, we had an oversight. dividuals injured by terrorist states. ate is in morning business at this time. Senator MCCAIN has an amendment (b) It is the sense of Congress that— Mr. REID. Could the bill be reported? that he was promised the other day. I (1) notwithstanding section 1503 of the Mr. BOND. Mr. President, I ask that ask the minority leader if he would Emergency Wartime Supplemental Appro- we go to the bill. agree to adding that since we told Sen- priations Act, 2003 (Public Law 108–11; 117 f ator MCCAIN he could bring his amend- Stat. 579) and any other provision of law, a citizen of the United States who was a pris- DEPARTMENTS OF VETERANS AF- ment up. Mr. REID. Yes, I agree that he should oner of war or who was used by the regime of FAIRS AND HOUSING AND URBAN Saddam Hussein and by Iraq as a so-called DEVELOPMENT AND INDE- be able to do so. human shield during the First Gulf War PENDENT AGENCIES APPROPRIA- I ask unanimous consent that the should have the opportunity to have any TIONS ACT, 2004—Resumed McCain amendment be added to the claim for damages caused by the regime of list. Saddam Hussein and by Iraq incurred by The PRESIDING OFFICER. The The PRESIDING OFFICER. Without such citizen fully adjudicated in the appro- clerk will state the bill. objection, it is so ordered. priate United States district court; The legislative clerk read as follows: Mr. BOND. Mr. President, we are (2) any judgment for such damages award- A bill (H.R. 2861) making appropriations open for business. I suggest the absence ed to such citizen, or the family of such cit- for the Departments of Veterans Affairs and izen, should be fully enforced; and Housing and Urban Development, and for of a quorum. (3) the Attorney General should enter into sundry independent agencies, boards, com- The PRESIDING OFFICER. The negotiations with each such citizen, or the missions, corporations, and offices for the clerk will call the roll. family of each such citizen, to develop a fair fiscal year ending September 30, 2004, and for The legislative clerk proceeded to and reasonable method of providing com- other purposes. call the roll. pensation for the damages each such citizen

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14933 incurred, including using assets of the re- I urge adoption of this amendment. military action against Iraq, President gime of Saddam Hussein held by the Govern- Mr. GRAHAM of Florida. Mr. Presi- Bush issued an executive order confis- ment of the United States or any other ap- dent, I join Senator REID today in of- cating Iraq’s frozen assets in the propriate sources to provide such compensa- fering an amendment that would allow United States and placing them in the tion. a group of 17 prisoners of war from the Iraq Development Fund for use in its Mr. REID. Mr. President, I rise on be- first war in Iraq and their families, to reconstruction. half of myself and Senator GRAHAM of collect the damages that have been The Bush administration has done Florida, and on behalf of 17 brave awarded to them in a court of law, that every thing in its power to undermine Americans who were taken hostage and are being blocked by the Bush adminis- the integrity of this judicial process tortured by Saddam Hussein during the tration. and to protect the interests of Iraq first Gulf War. Historically, foreign nations and over the interests of American former I have already spoken in this Cham- their diplomats have been protected ber about the horrible treatment these prisoners of war. On May 22, 2003, the from lawsuits in the United States, for Americans endured. Saddam’s evil President issued another executive their actions. However, that historical henchmen violated international law in order which prohibits any judicial ac- protection has been limited in certain the treatment of these war prisoners, tion that would seek funds from the instances. In 1996, Congress amended and they violated every law of human Development Fun for Iraq, or other the Foreign Sovereign Immunities Act decency. Iraqi national assets. The Bush admin- After the war, these prisoners sought to allow American citizens and fami- istration went on to interpret the lan- justice against Saddam. They did it not lies of American citizens to sue nations guage in the 2003 emergency war sup- only because he had tortured them in that have been found to be ‘‘terrorist plemental intended to remove restric- violation of the law, but also to send a states,’’ for acts of terrorism such as tions to providing foreign assistance to message that would protect other torture or taking of hostages. Congress Iraq as a bar attachment of Iraqi for- Americans in the future. And Congress went on to enact the Terrorism Risk eign asset. supported their effort. In 1996, Congress Insurance Act of 2002, which included a When repeatedly asked about why amended the Foreign Sovereign Immu- provision to allow frozen assets of ter- the administration is standing in the nities Act so their case would be able rorist states in U.S. banks to be used to way of these veterans being paid their to proceed. pay court-awarded damages. court-awarded damages, the White They won their case in court on its Relying upon this legal framework, House spokesman, never answered the merits because they had the truth and 17 of 21 prisoners of war of the 1991 Per- question, but reiterated, three times, the law on their side. But now they are sian Gulf War and 37 members of their that ‘‘there is no amount of money in danger of losing the judgment they immediate families filed suit against that can truly compensate these brave legally obtained because they do not Iraq. I won’t describe the horrific expe- men and women for the suffering they have the United States Government on riences of every one of these brave men went through at the hands of Saddam their side. or the unimaginable distress of their Hussein.’’ If the Bush White House has The Justice Department intervened families. But I do want to tell you their way, there will, in fact be no to prevent them from collecting their about the experience of three of these amount of money to compensate these judgment from seized Iraqi assets. And POWs: LTC Michael Robert; LTC Rus- brave men and women despite having when this Senate responded by passing sell Sanborn; and LTC Craig Berryman, proven their case in a court of law. this very same amendment a few weeks three service members from Florida. It Earlier this month, Congress ap- ago, the State Department intervened is important for the Senate and the proved President Bush’s $87 billion sup- by seeking to strike the amendment American people to understand what plemental appropriation request for from the special Iraq-Afghanistan ap- they suffered while they were held in the occupation and rebuilding of Iraq. propriations bill. captivity. At that time, I raised some significant These soldiers endured horrendous In a letter dated October 27, Deputy questions as to our national priorities. treatment and are fortunate just to Secretary of State Armitage wrote We are facing mounting national debt. have survived. LTC H. Michael Roberts these words: While our roads, bridges, schools, water was shot down while flying over Iraq Under the President’s May 7, 2003 Deter- and sewer lines, and electric grids are on January 19, 1991, He was able to mination . . . any provision of law that ap- deteriorating, we will be sending bil- eject but was immediately captured plies to countries that have supported ter- lions of dollars to rebuild Iraq. rorism was made inapplicable to Iraq. when he landed. In captivity, he suf- This is another one of those ques- This is the country we invaded as fered repeated beatings—his captors tions. We are sending money to rebuild part of our war on terrorism . . . yet cut his head from repeated blows from Iraq, but we are turning our back on a the President has said that Iraq will their rifle butts and he was shocked judicial decision that was achieved not be treated as a nation that sup- with an electronic prod. under laws this body created. We are ported terrorists. LTC Russell Sanborn’s plane was I think that is wrong, and my amend- shot down on February 9, 1991, and he turning our backs on the torture in- ment, which is exactly the same as the was taken prisoner by a group of Iraqi flicted upon these 17 veterans who were one the Senate earlier approved, makes soldiers. He was brutally beaten and taken as prisoners of war while serving perfectly clear the longstanding intent suffered severe malnutrition. He lost 14 our country. of Congress that terrorists who torture pounds in 26 days. Upon his release, Mr. President, the costs of war do not U.S. citizens must be held accountable. Russell was diagnosed with parasitic end at the borders of Iraq; veterans will Saddam Hussein was a tyrant who anomalies and hearing loss. continue to pay them for years to committee horrible atrocities against LTC Craig Berryman’s aircraft was come. I urge my colleagues to join us his own people and against Americans. shot down on January 28, 1991. In cap- in this effort to see this injustice is In fact, many believe that he is behind tivity he survived numerous beatings rectified. I thank Senator REID for his the continuing attacks on our Amer- and torture. As a result of his abuse in leadership on this issue. ican solders. It is beyond my com- Iraq, Craig has continued to experience Mr. BOND. Mr. President, we are prehension why these Federal bureau- health problems. willing to accept the amendment on crats are now siding with Saddam Hus- After having to relive these horrors this side. sein and against these former prisoners in court, on July 7, 2003, a judgment The PRESIDING OFFICER. The Sen- of war who suffered at his hands. was rendered in their favor and they ator from Nevada. These brave heroes are merely seek- were awarded compensatory and puni- Mr. REID. Mr. President, again this ing to hold Iraq accountable for its tive damages. The problem is that is an amendment that was offered and crimes, and deter the torture of any when they went to collect their dam- adopted earlier. It deals with Ameri- American citizen by a terrorist state in ages against the frozen Iraqi assets cans who were held prisoner of war in the future. A civilized world cannot let held in U.S. banks, the money was no the first gulf war. This is legislation such crimes go unpunished. The per- longer there. That is because on March that is directly in keeping with the petrators must be held to account. 20, 2003, immediately after start of sense of the last amendment that was

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14934 CONGRESSIONAL RECORD — SENATE November 17, 2003 adopted. Senator GRAHAM feels strong- it is acceptable, to Senator DAYTON to her sadness, and a sadness that might ly about this issue, as do I. I ask that offer his amendment, and then I think be shared, incidentally, by some 19 the Senate approve the amendment. that leaves you a balance of 10 minutes Senators who are 70 years old or older. The PRESIDING OFFICER. Is there before 4:30. Try to tell these Senators they are further debate? Let me say I accept the offer of the worth only two-thirds of those young- If not, the question is on agreeing to Senator from Missouri. I will speak for er, and you are in for a fight—and amendment No. 2194. 5 minutes. rightly so. Their lives are as important The amendment (No. 2194) was agreed Mr. BOND. I thank the Chair. to them and to our Nation as anyone to. AMENDMENT NO. 2195 else’s life. Mr. REID. I move to reconsider the Mr. DURBIN. Mr. President, I send We need to try to establish the cost vote. an amendment to the desk. to America in honest terms, to deter- Mr. BOND. I move to lay that motion The PRESIDING OFFICER (Mr. mine, for example, the real cost of the on the table. CHAMBLISS). Without objection, the regulation relating to heavy diesel The motion to lay on the table was pending amendment is set aside. The equipment, and not say senior citizens agreed to. clerk will report. are worth less today than others. Mr. BOND. Mr. President, I suggest The legislative clerk read as follows: I ask unanimous consent that a let- the absence of a quorum. The Senator from Illinois [Mr. DURBIN], for ter in support of my amendment from The PRESIDING OFFICER. The himself Ms. SNOWE, Mr. JEFFORDS, Mrs. the AARP be printed in the RECORD. clerk will call the roll. BOXER, Mr. LAUTENBERG, Ms. CANTWELL, and There being no objection, the mate- The legislative clerk proceeded to Mr. LIEBERMAN, proposes an amendment rial was ordered to be printed in the numbered 2195. call the roll. RECORD, as follows: Mr. MCCONNELL. Mr. President, I Mr. DURBIN. I ask unanimous con- AARP, ask unanimous consent that the order sent the reading of the amendment be Washington, DC, November 14, 2003. for the quorum call be rescinded. dispensed with. Hon. RICHARD J. DURBIN, The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Senate Dirksen Office Building, objection, it is so ordered. objection, it is so ordered. U.S. Senate, Washington, DC. Mr. MCCONNELL. I ask unanimous The amendment is as follows: DEAR SENATOR DURBIN: AARP commends consent that I be permitted to speak as At the appropriate place insert the fol- you for your efforts to amend H.R. 2861, the in morning business for 10 minutes. lowing: Veterans Affairs and Housing and Urban De- The PRESIDING OFFICER. Without None of the funds provided in this Act may velopment and Independent Agencies Appro- be expended to apply, in a numerical esti- objection, it is so ordered. priations bill for Fiscal Year 2004, to prohibit mate of the benefits of an agency action pre- the use of funds to ‘‘apply numerical values (The remarks of Mr. MCCONNELL are pared pursuant to Executive Order 12866 or for adult premature mortality that differ printed in today’s RECORD under section 812 of the Clean Air Act, monetary based on the age of the adult in a numerical ‘‘Morning Business.’’) values for adult premature mortality that estimate of the costs and benefits of an agen- Mr. MCCONNELL. I suggest the ab- differ based on the age of the adult. cy action. . . .’’ We urge that you continue sence of a quorum. Mr. DURBIN. Mr. President, I ask the your efforts as the bill is folded into an om- The PRESIDING OFFICER. The following Senators be added as cospon- nibus appropriations measure. clerk will call the roll. sors of this amendment: Senators AARP submitted comments in May to the Office of Management and Budget in re- The legislative clerk proceeded to SNOWE, JEFFORDS, BOXER, LAUTENBERG, call the roll. sponse to its Draft 2003 Report to Congress CANTWELL, and LIEBERMAN. on the Costs and Benefits of Federal Regula- Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. Without tions. In them, we expressed our deep con- unanimous consent that the order for objection, it is so ordered. cerns regarding the arbitrary 37 percent dis- the quorum call be rescinded. Mr. DURBIN. In 5 minutes, I will try count to the life value of adults aged 70 and The PRESIDING OFFICER. Without to describe very briefly what this over incorporated by the Environmental Pro- objection, it is so ordered. amendment does. tection Agency in its cost-benefit analysis of Mr. DURBIN. Mr. President, are we This amendment will stop the Envi- the Administration’s Clear Skies Initiative. on the VA–HUD appropriations bill? ronmental Protection Agency and We noted that the discount lacked a sound The PRESIDING OFFICER. We are. other agencies funded in this bill from scientific basis, and we voiced concerns re- Mr. DURBIN. It is my understanding garding its ultimate impact not only on using the discriminatory method older persons, but on the rest of the popu- that at 4:30 we are going to move to the known as the senior death discount. lation as well. FAA reauthorization bill. Under- Right now, heart disease, cancer, and OMB’s Office of Information and Regu- standing that deadline faces us, with strokes are the leading causes of death latory Affairs subsequently called upon EPA the approval of the chairman of the of people over 65. According to CDC, air to discontinue use of the age adjustment fac- subcommittee—I hope to have his at- pollution can be particularly dev- tor cited above, and advised other federal tention before I make this request—if I astating to the health of seniors. agency analysts that they should not use it might ask the Senator from Missouri, The EPA should be creating regula- either. At the same time, the agency ap- would it be acceptable for me to divide tions to protect everybody. However, peared to encourage other methodologies that might assign monetary values for adult the time between now and 4:30 so that now we are in the cost-benefit era, and premature mortality that differ based on the I would use 15 minutes and then yield that means each regulation has to be age of the adult. Application of age-related to Senator DAYTON for 15 minutes, who costed out. In other words, we must de- analytical methodologies or others involving also has an amendment to offer? That termine the burden regulations have on population subgroupings—particularly when way, we would reach the 4:30 deadline the private sector of our economy, in- monetary assessments are assigned to life by dividing the time equally. If that cluding what will it cost them. We value—hold great risks. We are concerned meets with the approval of the chair- must also determine the benefit regu- that there may be insufficient science to jus- man of the subcommittee, I would like lations have for all Americans. tify such action. Again, AARP strongly supports your ef- to make a unanimous consent request In order to reach the proper evalua- forts as well as those of Representative along those lines. tion of any regulation, you have to de- Thomas Allen, to ensure that the lives of Mr. BOND. Mr. President, to respond termine the cost of the harm that is older people not be devalued, and that need- to my good friend, No. 1, we are ready being done. That is why this amend- ed protections not be shortchanged by the to accept his amendment. If we could ment is being offered. application of biased analytical approaches. have some more time to handle other Right now, the EPA is discounting We urge your colleagues in conference to do business, I would like to. If, perhaps, the lives of senior citizens. You may the same. the Senator—each Senator could take 5 have seen this ad in magazines and Should you have any questions, please con- minutes or 10 minutes? newspapers showing this forlorn senior. tact me or have your staff contact Jo Reed or Tim Gearan in our Federal Affairs office Mr. DURBIN. Let me thank the This lady has been told that since she at 202–434–3800. chairman for accepting my amend- is over the age of 70, she is only worth Sincerely, ment. I will take 5 minutes and that is 63 percent of any other person, say MICHAEL NAYLOR, all. I would like to give 15 minutes, if someone age 69. You can understand Director of Advocacy.

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14935 Mr. DURBIN. What we see, and I will some lives being worth a de minimus regulations that will fairly protect all summarize, is an effort by some to dis- amount. In still other cases, the lives Americans from the effects of air pollu- count the lives of senior citizens in of people with illnesses or other health tion, toxic waste and other dangerous America when judging the impact of conditions were further devalued. substances in our environment. We public health regulations. That has to The use of the senior death discount cannot afford to back away from dec- come to an end. We have to make cer- has played a significant role in some ades of environmental laws that have tain the policy we follow in this coun- very important environmental policies. improved the quality of life for all of try, the policy that is being articulated In a rule to cut emissions from heavy us. by John Graham, the head of the OMB diesel equipment, the EPA not only EXHIBIT 1 lowered the value of saving the lives of regulatory office, is one that counts The following organizations support stop- senior citizens the same as any other seniors, but also for children and the ping the Senior Death Discount: 20/20 Vision; citizen. disabled. In the end, discounting cal- American Association of Retired Persons; Some of the statements made by Mr. culations shrank the benefits from over American Baptist Churches USA; American Graham are troubling. But with this $81 billion to just over $12 billion. Lung Association; Breakthrough Tech- statement, and the amendment we In a regulatory proposal to control nologies Institute; Christian Church Disci- have offered today, which is identical air pollution from snowmobiles, the ples of Christ; Church Women United; Clean to the one offered by the House of Rep- benefits were originally calculated to Air Task Force; Clear The Air; Coalition on be approximately $77 billion by 2030. the Environment and Jewish Life (COEJL); resentatives, this bill will say once and League of Conservation Voters; Natural Re- for all that senior death discounting However, the health benefits dropped to only $8.8 billion—half of this de- sources Defense Council; National Environ- has to come to an end. mental Trust; OMB Watch; Physicians for I ask unanimous consent that a list crease was due to the senior death dis- Social Responsibility; Presbyterian Church of supporting groups be printed in the count and half was due to selective use (USA), Washington Office; Sierra Club; Sis- RECORD at the conclusion of my re- of scientific studies limiting the ters of Mercy of the Americas, Institute marks. amount of people who were affected. Leadership Team; United Church of Christ The PRESIDING OFFICER. Without Applying the senior death discount in Justice and Witness Ministries; United Meth- objection, it is so ordered. this instance made certain regulatory odist Church General Board of Church and (See exhibit 1.) alternatives less appealing, and the Society; United States Public Interest Re- rule was ultimately weakened as a re- search Group; Unitarian Universalist Asso- Mr. DURBIN. To reiterate, this ciation of Congregations. amendment would stop the EPA and sult. other agencies funded in this bill from Some of my colleagues may wonder Mr. DURBIN. I thank the chairman using a discriminatory method of regu- whether this amendment is still nec- for accepting the amendment. I ask the latory analysis known as the senior essary, given that former EPA admin- chairman if at this point we could death discount. istrator Christine Todd Whitman said move the adoption, but I defer to him Heart disease, cancer, and strokes the agency would no longer discount first. are the leading causes of death for peo- the lives of seniors by 37 percent when Mr. BOND. As I indicated, we are ple age 65 and older. According to the calculating the benefits of regulatory ready to accept the amendment by the CDC, air pollution can be devastating policies. However, there is no guar- Senator from Illinois by voice vote. to the healthiest Americans, but can be antee that the new administrator or (At the request of Mr. DASCHLE, the deadly for senior citizens and other other agencies will follow this policy. following statement was ordered to be vulnerable populations with these dis- In addition, Whitman’s remarks did printed in the RECORD.) eases. The EPA should be creating reg- not apply to other forms of dis- ∑ Mr. LIEBERMAN. Mr. President, I ulations that maximize health protec- counting, which continue to be used. support this important amendment, to tions for everyone, especially older These other forms of discounting also put a halt to the Bush administration’s Americans. reduce the benefits of important regu- disrespectful and disturbing treatment However, instead of maximizing the latory policies. Besides seniors, vulner- of the lives of America’s seniors in set- benefits for everyone, the regulatory able populations, such as children and ting environmental policy. It is uncon- analysis is being manipulated in a way those with chronic illnesses and dis- scionable that the administration con- that makes seniors’ lives, and the lives abilities, are affected when these forms tinues to push agencies to evaluate pol- of other vulnerable populations, worth of discounting are used. lution-control proposals on the basis of John Graham, the head of the OMB less than the lives of other Americans. the age of the individuals who are pro- regulatory office, has backed away This practice, commonly known as the tected. Judging people as less worth from his support of the 37 percent dis- protecting based on their age—and to senior death discount, devalues the count rate for seniors. However, as re- lives of almost 30 million Americans do so for the benefit of polluters—is cently as June 16, he is still insisting preposterous and wrong. who are over the age of 70. that the value of saving lives should To give you a sense of how this Despite statements by administra- depend on a person’s age, and he is still tion officials aimed to quiet protest works, when the EPA develops environ- pushing agencies to use forms of dis- over the ‘‘senior death discount’’ factor mental regulations, it must evaluate counting. the costs and benefits of multiple regu- It seems that the end goal is to whit- —a factor used by the Environmental latory alternatives. As part of the cal- tle down the benefits, until they are so Protection Agency in recent regulatory culation of benefits, the EPA places a close to the costs that regulations will cost-benefit analyses that literally de- dollar amount on each life that can be be difficult to justify. So unless we values the lives of Americans 70 and saved by implementing each alter- take action today, it appears that the older—the administration continues to native. The EPA often makes a deter- lives of vulnerable Americans will con- push agencies to apply economic tech- mination about which regulatory alter- tinue to be devalued. niques for evaluating pollution-control native to adopt based on the compari- The House already passed Congress- proposals on the basis of the life son of the benefits and costs. man ALLEN’s amendment to the House expectancies of the individuals pro- Historically, the EPA valued all lives VA–HUD bill, which is similar to my tected, slanting the analysis against equally by using the same dollar amendment. Members from both sides the elderly who, of course, have fewer amount for every potential life saved. of the aisle spoke in favor of the years left. But now the OMB is encouraging agen- amendment and it was accepted unani- This effort by the administration re- cies to base the value of a life on the mously. It’s now time for the Senate to inforces the broader bias against the age of a person. In many cases, when act. environment inherent in economic discounting was applied, the life of Twenty-two national organizations, cost-benefit analysis, which can give each person over the age of 70 was val- including AARP and a host of environ- short shrift to unquantifiable values of ued at 37 percent less than the life of a mental and faith-based organizations, human health and a strong ecology, younger person. In other cases, each support this amendment. while overestimating the economic year people aged, their lives were con- Our Nation’s regulatory system must costs to polluters. By lowering the cal- sidered to be worth less—leading to use methods of analysis that produce culated economic benefit of protecting

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14936 CONGRESSIONAL RECORD — SENATE November 17, 2003 the elderly, these techniques will un- just passed the first anniversary of roes. If they are wounded or maimed derstate the apparent benefits of envi- that terrible day Paul and Sheila and when serving in those awful conditions, ronmental protection, because the old the others were lost forever. One of they are American heroes. are among the most vulnerable to res- Minnesota’s greatest Senators and I have been to funerals for Minneso- piratory and other diseases caused by most passionately loved and admired tans who lost their lives in training ex- pollution. The intended result is to political leaders—not unanimous, but ercises in this country and overseas. block tougher environmental protec- the most widely shared and deeply felt They gave their lives and paid the ulti- tions. connection that I have ever seen in my mate price in the service of their coun- Selling out America’s grandparents lifetime between a political figure and try. They are true American heroes. at a discount for the benefit of pol- the people of Minnesota. Paul Wellstone is a true American luters is discriminatory and wrong. I He lost his life while flying to north- hero. He would have been under any am pleased to support this amendment ern Minnesota for the funeral of the fa- circumstances losing his life, but he is to put a halt to this repugnant prac- ther of a State legislator, up on the even more so, and forever, in my judg- tice.∑ Iron Range of Minnesota where a fu- ment. That is why it is so fitting and The PRESIDING OFFICER. Is there neral is community. He knew, even appropriate—and I was glad that I further debate? If not, the question is though he had other commitments thought it only appropriate—that the on agreeing to the amendment. elsewhere, and even though Senator Senate last year did what I would want to do for any colleague of this body or The amendment (No. 2195) was agreed TED KENNEDY had graciously come to to. Minnesota to the metropolitan area on of the House who lost his or her life Mr. BOND. Mr. President, I move to his behalf before the elections, which under similar—or any—circumstances in the performance of his or her official reconsider the vote. were just a few days away—those duties—to find a suitable memorial, a Mr. DURBIN. I move to lay that mo- events were important, but Paul knew the family of the deceased would be fitting tribute to that American hero. tion on the table. The surviving members of the helped in their grief by his presence. The motion to lay on the table was Wellstone family—two sons, David and The community up there would be hon- agreed. Mark Wellstone—through their own de- The PRESIDING OFFICER. The Sen- ored by his presence as a United States liberations, identified this project and ator from Minnesota. Senator, so he left his campaign sched- St. Paul, MN, where especially people Mr. DAYTON. What is the pending ule and the media market to go wor- from other countries—recent immi- business, Mr. President? ship and pray and mourn with those grants to the United States—in need of The PRESIDING OFFICER. The others, friends and family and rel- all sorts of assistance but who want to pending business is the Clinton amend- atives, fellow citizens, as their U.S. become part of this country, who want ment. Senator and as their friend. to have a chance to participate and That is what all of us do all the time AMENDMENT NO. 2193 raise their kids as American citizens Mr. DAYTON. I ask unanimous con- in our jobs—Republicans, Democrats, and become the next Paul and Sheila sent the amendment be set aside and liberals, conservatives, Senators here, Wellstone, so they can get the help that I be allowed to offer amendment Congressmen and Congresswomen, they need and give a helping hand as No. 2193. across the country—we drive, and if Paul and Sheila would have given The PRESIDING OFFICER. Is there there is not time we charter small themselves. objection? Without objection, it is so planes into small airports in our We authorized $10 million. The House ordered. The clerk will report. States. That day Paul’s plane didn’t didn’t have anything in there on that The legislative clerk read as follows: land on the runway. It crashed perpen- matter. But we went to the President dicular to it 2 miles away into a Min- The Senator from Minnesota [Mr. DAYTON] of the United States. He was gracious proposes an amendment numbered 2193. nesota forest and peat bog and caught enough to assist, and we got the fund- on fire and burned eight people. Mr. DAYTON. I ask unanimous con- ing provided in that bill—the author- Tomorrow—another reason this is an sent the reading of the amendment be ization of $10 million. President Bush emotional topic for all of Minnesota— dispensed with. invited the Minnesota congressional we are told in the news reports today, The PRESIDING OFFICER. Without delegation and members of the the National Transportation Safety objection, it is so ordered. Wellstone family to the Oval Office Board will hold a hearing to pass final The amendment is as follows: last December for the signing cere- judgment on the causes of that crash. mony. He just couldn’t have been more (Purpose: To fully fund the Paul and Sheila Whatever they were, they will not Wellstone Center for Community Building) extraordinary in his graciousness to bring Paul and Sheila and Marcia and the surviving members of Paul and On page 58, line 21, strike ‘‘$1,112,130,000’’ the others back. The circumstances, as and insert ‘‘$1,111,030,000’’. Sheila’s families. He took the time and On page 125, between lines 7 and 8, insert they are reported, are unofficial, so I extended his schedule to be with us, to the following: will not comment on them here, but as share his condolences and make it a SEC. 418. There shall be made available they report them in the press, it will truly memorable occasion for the $1,100,000 to the Secretary of Housing and make it, if anything, more difficult, members of that family. I know they Urban Development for the purposes of mak- more painful, more awful an accident were enormously grateful, as I was to ing the grant authorized under section 3 of that didn’t have to happen. the President for his compassion and the Paul and Sheila Wellstone Center for Paul Wellstone lost his life as a U.S. for his humanity. Community Building Act. Senator in service of his country. When we got to the appropriations Mr. DAYTON. Mr. President, this As the late Senator John Heinz, Re- for this fiscal year, it was delayed. The amendment will provide $1.1 million in publican from Pennsylvania, lost his bill that finally came forward provided funding for the Paul and Sheila life several years ago in a small plane $8.9 million for the $10 million project Wellstone Center for Community crash in the service of his country; as that was authorized. I am hopeful the Building at the Neighborhood House in other Senators, Members of the House, balance of that commitment as a me- St. Paul, MN. It is funding for the com- Governors, Cabinet Secretaries, and morial to our former colleague will be pletion of a commitment which Con- public officials have lost their lives in part of the committee bill that is com- gress made last year as a memorial for airplane crashes or other accidents in ing before us today. the late Senator Paul Wellstone, my the performance of their official duties I was disappointed there was nothing colleague and my friend, who lost his in the service of their country; and provided in it, and there is nothing pro- life in an airplane crash last October when brave men and women lose their vided in the House bill. I pursued this along with his wife Sheila, his daugh- lives in the service of their country, I matter and indicated my intention to ter Marcia, and three staff members call that man or woman a true Amer- offer this amendment for $1.1 million— and two pilots. ican hero. If they are wearing the serv- that is an ‘‘m’’ for million, not ‘‘b’’ for This is a very emotional subject for ice uniform of our Armed Forces in billion—$1.1 million to complete the me at an emotional time, so I ask my Iraq, Afghanistan, or elsewhere around commitment that was made—the au- colleagues for their forbearance. We the world, they are true American he- thorization to commit the money the

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14937 President authorized by his own signa- quite sure. I have an amendment that State in this Nation. Tell them that ture into law. I was told via my staff would require Members of Congress to straight, and then Paul will wait. He and in talking with committee staff receive prescription drug coverage that should not have to, but he will. that if this amendment were agreed to is the same and is no better than sen- The Senate should do the right thing, by the Senate, then it would be taken iors of America and other Medicare pass this amendment, put it in the bill, out of some other project for the people beneficiaries receive. Boy, it passed the and instruct the conferees to come out of Minnesota—from the people in Rose- Senate by a vote of 93 to 3. That is of the conference report with the ville, MN, in the northwestern part of pretty overwhelming support. money for the Wellstone Community the State who were victims of flooding I thought: My goodness gracious, the Center and every project in Minnesota, last spring, who need help in relo- Senate is going to back this one be- and not sell anybody out behind closed cating, who are still rebuilding and cause the people of America would doors, behind our backs, and I will once trying to reconfigure the locks and back that one. I know from my experi- again respect this body, the Senate of dams in that river so they don’t flood ence in Minnesota that we sure agree the United States. again—and from all sorts of other with that concept and principle—that I yield the floor. projects around the State in counties Members of Congress should receive a The PRESIDING OFFICER. The Sen- that need sewer systems so people can prescription drug benefit no better ator from Missouri. have safe drinking water, so the kids than we vote for senior citizens. But Mr. BOND. Mr. President, I know the don’t get sick. then I read an article the next week Senator from Minnesota feels strongly I have to share with the people of stating that many of those who voted about this; both Senators do. Minnesota a confession. They think for it had been told they could do so be- I ask that Senator COLEMAN be added when they send us out here, we each cause it was guaranteed to die in the as a cosponsor. have a vote; since we are all taxpayers, conference committee and it would not We are willing to accept the amend- and since Minnesotans’ taxes as a rel- become part of the law. ment. I ask that it be accepted by voice atively high income State are propor- I respect those three who voted vote. tionate to others that send tax money against my amendment because they Mr. DAYTON. I object. I ask for the to this great Federal Government, we weren’t going to take that escape route yeas and nays. get back at least our fair proportionate and say, Oh, I voted for that amend- The PRESIDING OFFICER. Does the share. But it doesn’t work that way in ment, and to my great dismay it is not Senator object to the adding of a co- this legislation. It doesn’t work that going to get conference support. sponsor? way. We get the appropriations and So Members of Congress can continue Mr. DAYTON. The Senator does not those who have more seniority, who to get drug coverage twice as good or object to that. have been here longer, have more influ- more or better than those senior citi- The PRESIDING OFFICER. Without ence, connections, whatever—it doesn’t zens of America. objection, the Senator is added as a co- come out the same. If you were to rank In this case, before this bill goes into sponsor. Minnesota with other States, you the conference committee, I urge my Mr. DAYTON. I repeat my request for would find that we give more than our colleagues—and I will ask for the yeas the yeas and nays. share in contributions to this great and nays on this amendment—if they The PRESIDING OFFICER. Is there a center of our Nation and we get in re- don’t particularly think enough of the sufficient second? turn relatively less than most other situation, and circumstances, and the At this moment, there is not a suffi- States. memory of Paul Wellstone, then vote cient second. I find it deeply offending that I am against it. I will ask the conferees, if it Mr. DAYTON. I will restate my re- essentially being told, forewarned, passes and goes to conference and is quest when there is a sufficient second. threatened, that if I bring this amend- going to come out of some other Min- What number of Members constitute a ment forward and it passes the Senate, nesota project, to drop the amendment sufficient number? it is going to come out of some other because I know what Paul would say. I Mr. REID. I suggest the absence of a Minnesota project. I appreciate at least know what he would want us to do. quorum. being told that so I know what I am That would be to do what is best for all The PRESIDING OFFICER. The getting into here. the people of Minnesota. This project is clerk will call the roll. So much happens in these conference true to the people of Minnesota. But The assistant legislative clerk pro- committees. It is just a sneak attack the last thing Paul Wellstone would ceeded to call the roll. behind closed doors. In Minnesota, we want to do is take $1.1 million away Mr. BOND. I ask unanimous consent have an open meeting law where you from people who are suffering and need that the order for the quorum call be can’t go behind closed doors with three help and give it to other people in Min- rescinded. or four members of the elected body nesota in his memory. That would be The PRESIDING OFFICER. Without and conduct public business in private the antithesis of what is good, for what objection, it is so ordered. somewhere. That law is a foreign con- he believed in, and what he spoke for Mr. BOND. Mr. President, I ask that cept here on Capitol Hill; it happens all on this floor. It would be far preferable the pending Dayton-Coleman amend- the time. People go behind closed doors if the Senate said forthrightly, that is ment be set aside. and members of conference committees the view of the Members or the powers The PRESIDING OFFICER. Without can’t even get into the conference that be, that $1.1 million of the $10 mil- objection, it is so ordered. room to find out what is going on. lion authorized last year is too much AMENDMENT NO. 2152 WITHDRAWN They have a bill coming up next for to bear, too much money, and it is just Mr. BOND. Mr. President, I ask that reauthorizing the FAA. Somebody in not available in the budget for the peo- the Clinton-Enzi amendment on which that conference committee stuck ple of Minnesota, for the State of Min- there is a colloquy be withdrawn. something in the bill that hurts the nesota. Unlike other States, we would The PRESIDING OFFICER. Without people of Minnesota—thousands of peo- not have this discussion on the Senate objection, it is so ordered. ple in and around airports in my floor—it would be $1.1 million for any- The amendment (No. 2152) was with- State—no hearings, no deliberation, no thing any Member wanted. drawn. vote in the Senate, no vote in the If they cannot find it, won’t find it, AMENDMENT NO. 2196 TO AMENDMENT NO. 2150 House, just put in by Senators who do not want to find it, forget it. But Mr. BOND. Mr. President, I send to don’t represent the people of Min- tell the American people that. Tell the the desk an amendment on behalf of nesota. people of Minnesota that. Don’t take it Senator DASCHLE relating to an agree- The conference committees are great out of somewhere else in Minnesota for ment with the Institute of Medicine places where you can put something in a project that is underfunded to begin and the National Academy of Sciences there and you can vote on it. I had an with, that is needed to save people’s to develop epidemiological studies on amendment to the Medicare bill which lives, that makes their communities Vietnam veterans with respect to is coming up, and it is going to come stronger. They elected the two Sen- Agent Orange, and I ask for its imme- out of committee, I am told and I am ators to do just as much as any other diate consideration.

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14938 CONGRESSIONAL RECORD — SENATE November 17, 2003 The PRESIDING OFFICER. The the Veterans Integrated Service Networks forgotten once the battles have ended clerk will report. (VISNs) from conducting outreach or mar- and our troops have come home. The assistant legislative clerk read keting to enroll new veterans within their Our veterans and their families have as follows: Networks. made great personal sacrifices to pro- Mr. FEINGOLD. Mr. President, I The Senator from Missouri [Mr. BOND], for tect our freedoms. We owe them a Mr. DASCHLE, proposes an amendment num- want to thank the chairman and the great debt of gratitude. Making sure bered 2196 to amendment No. 2150. ranking member of the subcommittee that our veterans know about the bene- Mr. BOND. Mr. President, I ask unan- for agreeing to accept my amendment fits that they have earned is an impor- imous consent that the reading of the pertaining to veterans outreach pro- tant first step in starting to repay this amendment be dispensed with. grams. My amendment would restore a debt. The PRESIDING OFFICER. Without valuable—and statutorily mandated— Again, I thank the chairman and the objection, it is so ordered. service to our nation’s veterans and ranking member of the subcommittee The amendment is as follows: their families. In July 2002, the Department of Vet- for working with me on this important (Purpose: To provide for epidemiological issue. studies on Vietnam veterans exposed to erans Affairs Deputy Under Secretary for Health for Operations and Manage- Mr. BOND. Mr. President, this is an Agent Orange and other herbicides used in amendment with respect to VA mar- Vietnam) ment sent a memo to Veterans Inte- grated Service Network Directors or- keting. It is acceptable on both sides. I At the end of title I, add the following: ask that be it be agreed to on a voice SEC. 116. Not later than 120 days after the dering them to ‘‘ensure that no mar- date of the enactment of this Act, the Sec- keting activities to enroll new veterans vote. The PRESIDING OFFICER. The retary of Veterans Affairs shall enter into an occur within [their] networks.’’ agreement with the Institute of Medicine of This memo cited an increased de- question is on agreeing to the amend- the National Academy of Sciences under mand for VA health care services as ment. which agreement the Institute of Medicine The amendment (No. 2197) was agreed shall develop and evaluate epidemiological the reason for this change in policy. While it is clear that more funding to. studies on Vietnam veterans in accordance Mr. BOND. I move to reconsider the with the recommendations of the 2003 Na- should be provided for VA health care tional Academy of Sciences report entitled and other programs and I strongly sup- vote. ‘‘Characterizing Exposure of Veterans to port doing so it is inappropriate for the Mr. REID. I move to lay that motion Agent Orange and Other Herbicides Used in VA to institute a policy to stop mak- on the table. Vietnam: Interim Findings and Rec- ing veterans aware of the health care The motion to lay on the table was ommendations’’. services for which they may be eligible. agreed to. Mr. BOND. There are no objections I joined with a number of our col- AMENDMENT NO. 2198 TO AMENDMENT NO. 2150 on either side. I ask that it be agreed leagues last year in sending a letter to Mr. BOND. Mr. President, because we to by voice vote. the President asking that this policy had done a list of amendments and we The PRESIDING OFFICER. Without be immediately reversed. I regret that neglected to include an amendment by objection, it is so ordered. the VA’s reply indicated that the Sec- Senators CANTWELL, CARPER, BROWN- The question is on agreeing to the retary of Veterans Affairs stands by BACK, HAGEL, and others with respect amendment. this policy, which remains in effect. to section 8 public housing, moving to The amendment (No. 2196) was agreed My amendment would prohibit the work demonstration agreements, I ask to. VA from using Federal funds to enforce unanimous consent that this be accept- Mr. BOND. I move to reconsider the this policy, or any other policy prohib- able and I send the amendment to the vote. iting regional health care directors desk and ask for its immediate consid- Mr. LOTT. I move to lay that motion from conducting outreach to enroll eration. on the table. new veterans into the VA health care The PRESIDING OFFICER. The The motion to lay on the table was system. A similar amendment offered clerk will report. agreed to. earlier this year by Congressmen SAND- The assistant legislative clerk read AMENDMENT NO. 2197 TO AMENDMENT NO. 2150 ERS and KANJORSKI was accepted to the as follows: Mr. BOND. I send an amendment to House version of the underlying VA– The Senator from Missouri [Mr. BOND], for EIN the desk on behalf of Senator F - HUD appropriations bill. Ms. CANTWELL, for herself, Mr. CARPER, Mr. GOLD. I have long been concerned that tens BROWNBACK, Mr. HAGEL, Mr. ROBERTS, Mr. The PRESIDING OFFICER. The of thousands of our veterans are un- NELSON of Nebraska, Mrs. MURRAY, and Mr. clerk will report. aware of Federal health care and other DEWINE, proposes an amendment numbered The assistant legislative clerk read benefits for which they may be eligible. 2198 to amendment No. 2150. as follows: We can and should do more to educate Mr. BOND. Mr. President, I ask unan- The Senator from Missouri [Mr. BOND, for our veterans and their families about imous consent that the reading of the Mr. FEINGOLD, proposes an amendment num- these benefits, and to provide adequate amendment be dispensed with. bered 2197 to amendment No. 2150. funding to ensure that all veterans who The PRESIDING OFFICER. Without Mr. BOND. Mr. President, I ask unan- wish to take advantage of their bene- objection, it is so ordered. imous consent that the reading of the fits are able to do so. Halting health The amendment is as follows: amendment be dispensed with. care marketing activities is not the an- (Purpose: To require a study of the Moving The PRESIDING OFFICER. Without swer. Our brave veterans have earned to Work demonstration program, and for objection, it is so ordered. these benefits. The Federal department other purposes) The amendment is as follows: that is charged with advocating for and On page 125, between lines 7 and 8, insert (Purpose: To prohibit the use of funds by the providing benefits to our veterans the following: Department of Veterans Affairs to imple- should not be allowed to continue to SEC. 418. EXTENSION OF CERTAIN PUBLIC HOUS- ment policies that prohibit the Veterans ING/SECTION 8 MOVING TO WORK Integrated Service Networks from con- restrict health care outreach activi- DEMONSTRATION AGREEMENTS. ducting outreach or marketing to enroll ties. (a) EXTENSION.—The Secretary of Housing new veterans in such Networks) This is especially important as we and Urban Development shall extend the At the end of title I, insert the following: welcome home a new generation of vet- term of the Moving to Work Demonstration SEC. 116. No funds appropriated or other- erans who are serving in Iraq and in Agreement entered into between a public wise made available for the Department of the fight against terrorism. Today’s housing agency and the Secretary under sec- Veterans Affairs by this Act or any other soldiers, sailors, airmen, and marines tion 204, title V, of the Omnibus Consoli- Act may be obligated or expended to imple- are tomorrow’s veterans. These men dated Rescissions and Appropriations Act of ment the policy contained in the memo- and women selflessly put their lives on 1996 (Pub. L. 104–134, April 26, 1996) if— randum of the Department of Veterans Af- the line to protect our freedoms, as (1) the public housing agency requests such fairs dated July 18, 2002, from the Deputy extension in writing; Under Secretary for Health for Operations have countless military personnel be- (2) the public housing agency is not at the and Management with the subject ‘‘Status of fore them. We must ensure that their time of such request for extension in default VHA Enrollment and Associated Issues’’ or service and sacrifice, which is much under its Moving to Work Demonstration any other policy prohibiting the Directors of lauded during times of conflict, is not Agreement; and

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14939 (3) the Moving to Work Demonstration Subcommittee the difficulties that this pants earn bronze, silver, and gold con- Agreement to be extended would otherwise would present and will not press for- gressional award certificates and expire on or before December 31, 2004. ward with such an amendment at this bronze, silver, and gold congressional (b) TERMS.—Unless the Secretary of Hous- time. I did want to engage the Chair- award medals. Each level involves set- ing and Urban Development and the public housing agency otherwise agree, the exten- man of the VA–HUD–Independent ting goals in four program areas: vol- sion under subsection (a) shall be upon the Agencies Subcommittee in a colloquy unteer/public service, personal develop- identical terms and conditions set forth in about this valuable program. ment, physical fitness, and expedition/ the extending agency’s existing Moving to Congress established the highly suc- exploration. Earning the award is a fun Work Demonstration Agreement, except that cessful Congressional Award in 1979 to and interesting way to get more in- for each public housing agency that has been recognize initiative, achievement, and volved in something young men and or will be granted an extension to its origi- service in young people. The Congres- women already enjoy or something nal Moving to Work agreement, the Sec- sional Award is the U.S. Congress’ they might like to try for the first retary shall require that data be collected so that the effect of Moving to Work policy award for young Americans. It is non- time. changes on residents can be measured. partisan, voluntary, and noncompeti- Regardless of an individual’s situa- (c) EXTENSION PERIOD.—The extension tive. The award enjoys broad bipar- tion, he or she can earn this award. The under subsection (a) shall be for such period tisan support. This excellent program congressional award has no minimum as is requested by the public housing agency, has grown by more than 3,000 partici- grade point average requirements. It not to exceed 3 years from the date of expira- pants during fiscal year 2003, and cur- accommodates young people with spe- tion of the extending agency’s existing Mov- rently, there are some 14,750 active par- cial needs or disabilities who are will- ing to Work Demonstration Agreement. ticipants from across the nation. (d) BREACH OF AGREEMENT.—Nothing con- ing to take the challenge. The award is tained in this section shall limit the author- In the past, the Congressional Award open to all. We consider this to be a ity of the Secretary of Housing and Urban Program has been able to sustain valuable priority within a fiscally re- Development to terminate any Moving to itself. Because of the tremendous sponsible appropriations bill. Work Demonstration Agreement of a public growth of this program, its resources Mr. President, this is a program that housing agency if the public housing agency have been stretched to the breaking all of us want to see grow and flourish. is in breach of the provisions of such agree- point. After the events of 9/11 and the It is not just another program. It is not ment. recent recession, patterns of charitable just another foundation pursuing a SEC. 419. STUDY OF MOVING TO WORK PROGRAM. giving have changed and this program, worthy cause. It is our award—a unique (a) IN GENERAL.—The General Accounting like many worthy causes, has had an program created by the Congress to Office shall conduct a study of the Moving to extremely difficult time maintaining Work demonstration program to evaluate— recognize and encourage leadership and (1) whether the statutory goals of the Mov- earlier levels of contributions, much voluntary service to the community by ing to Work demonstration program are less accommodating its rapid growth. our young people. It requires and de- being met; The congressional award needs a mod- serves our support. (2) the effects policy changes related to the est amount in a funding base to regain Mr. BOND. I thank my colleagues for Moving to Work demonstration program its footing and momentum and con- their attention to this matter. have had on residents; and tinue its growth for the future. Con- (3) whether public housing agencies par- It is certainly our intent, in con- gressional support is needed to lever- tinuing congressional support for the ticipating in the Moving to Work program age renewed and increased private do- are meeting the requirements of the Moving corporation, that it look for additional to Work demonstration program under law nations. ways for actively partnering and col- Supporters of this program had and any agreements with the Department of laborating with organizations such as looked to this bill because the Congres- Housing and Urban Development. the Congressional Award Program. I sional Award Program already is being (b) REPORT.—Not later than 18 months look forward to working with my col- after the date of enactment of this Act, the cited by the Corporation for National leagues on appropriate ways to carry General Accounting Office shall submit to and Community service as the kind of that goal forward. Congress a report on the study conducted program it supports and encourages under subsection (a). and already is listed as an official part- CAPITAL ASSET REALIGNMENT FOR ENHANCED Mr. BOND. Mr. President, this is ac- ner of America’s Promise, another re- SERVICES (CARES) INITIATIVE ceptable on our side. lated program. Congress already has Mrs. CLINTON. Mr. President, I Mr. REID. There is no objection on explicitly provided in the Congres- thank the managers for working with this side. sional Award Act that, while this pro- Senator ENZI, Senator SCHUMER and Mr. BOND. I suggest we agree to it by gram may not receive a direct appro- myself on a compromise to ensure that voice vote. priation, it may receive financial sup- our concerns are addressed. We under- The PRESIDING OFFICER. The port through collaborations with other stand that they have committed to question is on agreeing to the amend- programs receiving appropriated funds. pursue language in the conference re- ment. I note that the Appropriations Com- port that expresses the committee’s The amendment (No. 2198) was agreed mittee, in the report accompanying concerns about the Draft National to. this bill, has expressed its concern with CARES Plan recommendations of clo- Mr. BOND. I move to reconsider the current costs per participant in volun- sure and reduction of services in long- vote. teer service programs. In particular, term care, domiciliary care, and men- Ms. MIKULSKI. I move to lay that the report mentioned the $16,000 cost tal health services at VA facilities. The motion on the table. per AmeriCorps members for program language urges that no closures or re- The motion to lay on the table was and education award costs and called duction in long-term care, domiciliary agreed to. upon the Corporation to reduce costs. care, and mental health care services Mr. REID. Mr. President, I ask unan- In contrast, the Congressional Award take place until the full analysis is imous consent that we delay the FAA Program costs only about $68 per par- completed. The language would also re- bill for 5 minutes and the debate would ticipant. It is more than just a great quire the VA to submit updates on be from 4:35 to 5:35 and a vote occur at program, it is a bargain. their progress in this analysis to the that time. The Congressional Award is one of appropriate committees. Finally, the The PRESIDING OFFICER. Without only two standing awards given by managers have agreed to send a letter objection, it is so ordered. Congress. The other is the Congres- to VA Secretary Principi outlining CONGRESSIONAL AWARD PROGRAM sional Medal of Honor. It is time that these concerns on our behalf. Mr. CRAIG. Mr. President, several Congress became a partner of the con- Mr. ENZI. I would like to add to my Senators were prepared to offer an gressional award in more than just colleague’s discussion. I got involved in amendment today to provide for sup- name. this process to bring attention to the port for the Congressional Award Pro- Mr. BAUCUS. I add my comments in concerns of veterans in rural and fron- gram, through a collaboration with the support of the Congressional Award tier areas. Based on these concerns, I Corporation for National and Commu- Program. This excellent program is hope in any further analysis on the fu- nity Service. I understand from the open to all 14- to 23-year-olds. Partici- ture needs of veterans health care the

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14940 CONGRESSIONAL RECORD — SENATE November 17, 2003 VA will consider all access issues re- consideration of the VA–HUD appro- is not insignificant that we are up lated to travel, such as road condi- priations bill for the consideration of against the wall in terms of extending tions, the number of lanes on roads, the remaining amendments. the Federal Aviation Administration and seasonal changes and other factors Ms. MIKULSKI. No objection. legislation. relating to the weather. I know many Mr. REID. Mr. President, I ask unan- I emphasize, too, that this is not just of my colleagues share these concerns imous consent that the time for debate about the agency. This is about an im- and I appreciate their taking this op- on cloture dealing with FAA be for a portant part of our economy. We are portunity to address them. full 1 hour, with the time equally di- very mobile in America. Transpor- Mr. SCHUMER. I thank my friends vided pursuant to the previous order. tation is such an important part of our from Missouri and Maryland for engag- The PRESIDING OFFICER. Is there economy. Americans are flying all over ing us in this colloquy, and appreciate objection to any of the foregoing re- the country, as we speak, on airlines their efforts to work with us on ad- quests? and in general aviation. They are in dressing our concerns with the CARES Mr. REID. I express my appreciation our airports. It is an important part of process. Among these concerns, I am to Senator LAUTENBERG and Senator our economy. It creates hundreds of particularly pleased that the managers LOTT for allowing us to go forward. thousands of jobs, when it is allowed to of this bill have agreed to work with us The PRESIDING OFFICER. Without function as it should. So we need to get in addressing the participation of vet- objection, it is so ordered. this legislation passed. erans at hearings held by the CARES f It is, in my opinion, about safety in Commission. The participation of vet- the aviation industry at our airports, VISION 100—CENTURY OF AVIA- erans is critical to a process that so di- in general aviation, with the airlines. TION REAUTHORIZATION ACT— rectly impacts the quality of We need to make sure the money is CONFERENCE REPORT—Resumed healthcare they receive from the VA. It there for the aviation program, for the is my understanding that the managers The PRESIDING OFFICER. Under security that needs to be put in place have committed to addressing this spe- the previous order, the hour of 4:40 hav- on the airplanes, in the airports, on the cific issue by presenting language to ing arrived, the Senate will proceed to perimeters. This is very important leg- the conference that would recognize consideration of the conference report islation. It is part of our overall home- the benefits of and the need to have to accompany H.R. 2115, which the land security program. CARES related hearings within 30 clerk will report. I remind my colleagues that H.R. miles of all facilities facing closure or The assistant legislative clerk read 2115, the FAA reauthorization bill, is a a reduction in services, as well as the as follows: 4-year $60 billion bill. This is a huge importance of veteran participation at Conference report to accompany H.R. 2115, piece of legislation. We need to get it these hearings. I also understand that an act to amend title 49, United States Code, done. the managers have committed to pre- to reauthorize programs for the Federal I would like to point out to my col- senting language to the conference Aviation Administration, and for other pur- leagues some of the impacts we see as poses. that encourages the VA to hold addi- a result of this industry and what it tional hearings in all affected commu- The PRESIDING OFFICER. Under means. First, aviation generates more nities following the Secretary’s final the previous order, there will be 1 hour than $900 billion in GDP every year. recommendation. equally divided for debate prior to a Over the life of this bill, the legislation Mr. BOND. Mr. President I thank the vote. The Senator from Mississippi will is expected to create approximately Senators from New York and the Sen- control one-half hour, the Senator 665,000 jobs; $14.2 billion in airport ator from Wyoming for their thought- from New Jersey will control one-half grant funding would create these ful comments. Their understanding is hour. 665,000 jobs. There would be 162,000 jobs correct, and we will pursue such lan- The Senator from Mississippi. in 2004 alone; $14.2 billion will be used guage in the conference report. Senator Mr. LOTT. Mr. President, this is an for security, safety, and capacity MIKULSKI and I will also be sending a important piece of legislation that has projects at airports; $13.3 billion would letter on their behalf to Secretary been in the process all year now. As we be to modernize the air traffic control Principi with these concerns. know, the aviation industry has had its system, and $500 million for the Essen- Ms. MIKULSKI. I acknowledge the difficulties since the events of 9/11 and tial Air Service program. validity of my colleagues’ concerns and the Iraq war. Aviation across the board This is an important piece of legisla- look forward to working with them to has struggled to comply with addi- tion. A lot of money is involved. It is try to address these concerns in con- tional security requirements and to be- not just about the big airports; this is ference and with Secretary Principi. come economically viable again. A lot about the smaller airports. We do have Mr. LOTT. Mr. President, I suggest of changes are happening in the indus- good programs included here, including the absence of a quorum. try. the Essential Air Service, and also a The PRESIDING OFFICER. The But Congress certainly has not been program that allows communities to be clerk will call the roll. insensitive to the needs of this indus- involved and participate with some The assistant legislative clerk pro- try. We passed legislation to be of as- funding of their own. ceeded to call the roll. sistance in, I guess, 6 weeks after the 9/ We have had an experimental pro- Mr. BOND. Mr. President, I ask unan- 11 events, and then earlier this year ad- gram in place now for the last couple imous consent that the order for the ditional assistance was provided to the years. This would extend that small quorum call be rescinded. airline industry as a result of losses community Essential Air Service pro- The PRESIDING OFFICER. Without they were experiencing and expected to gram. A number of communities objection, it is so ordered. experience as a result of the war in around the country are very much in- Mr. BOND. Mr. President, I think we Iraq. terested in having that opportunity. have reached the point where we are But they need the broader long-term It also provides new opportunities for ready to get a final list and a means of Federal Aviation Administration reau- flights out of Reagan National Airport, proceeding. So if it is agreeable on both thorization. I consider this legislation 8 new flights inside and 12 new flights sides, I ask unanimous consent that to be the third leg of the stool to give outside the perimeter. So this is very the only other amendments in order to the aviation industry, as a whole, an important legislation in terms of the the VA–HUD bill, other than the sub- opportunity to get up and running, to airports. stitute, be the following: Dayton No. provide service to the American people, For the first time we actually make 2193 with 5 minutes equally divided; and to, frankly, see blue skies again. sure the regional airlines get some as- Senator MCCAIN, amendment on NASA; That is why this legislation is very im- sistance. When we passed the big legis- Senator INHOFE, amendment on air portant. lation back in 2001, the regional air- quality; Senator JEFFORDS, National If we do not extend this FAA reau- lines were sort of left out. So we would Academy of Sciences study; further thorization, there are certain parts of get that done. that following the scheduled cloture the program that will either be de- It provides for cost-effective pro- votes on Tuesday, the Senate resume ferred or will have to shut down. So it grams that could save the taxpayers

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14941 $173 million per year. It has a huge im- This is very important legislation control system, shut down aviation in pact on States all over the country. I that affects the economy of the coun- America if we don’t pass this bill? Ei- would like to show a chart to give you try and this industry. Are we going to ther existing law will be extended or some idea of the amount of money and let 1 or 2 groups decide we will not we are going to pass this bill. Is that the amount of jobs that would be af- have this $60 billion bill unless they get the Senator’s assessment? I think our fected by this legislation. I have the some guarantee on something that is colleagues ought to know what the list here. It is too small probably for not going to happen, anyway? I don’t consequences of this vote will be if we most of you to see, but I will just pick believe that is reasonable. I think we fail to achieve cloture. a couple of them: Alaska, $522 million, need to go forward and have this vote. Mr. LOTT. Mr. President, I say to the 24,000-plus jobs. Let the American people see who wants distinguished chairman of the sub- I see the Senator from Georgia, a to be of assistance to aviation, who committee he has put his finger right very important terminal in Atlanta, really wants to have safety in the on the heart of the problem. There are one of the most important in the coun- skies. funds that would not go out for secu- try, $162.6 million; 7,722 jobs; a smaller Let me say to all of my colleagues on rity and airport improvement if we State, North Dakota, $59.2 million, both sides of the aisle, be careful how don’t pass this legislation. The alter- 2,814 jobs. you vote because this legislation pro- native would just be to extend the cur- The list is here. If you want to see vides funds for security at airports. It rent law for, I don’t know, 6 months. how your State would be affected with changes who pays for the security costs The Senator is right that in that case dollars and jobs, we have the informa- and where that money would go. The the status quo is in place. As a matter tion for you. AIP, airport improvement program, of fact, any privatization efforts that The question would be, Why has this which was used for $500 million in secu- might be underway or they want to do taken so long? We passed it back in rity costs over the last couple of years in that period could go forward. We had May in the Senate. It passed the House. would not continue to be used for that worked it out where we had language We went to conference. We worked out purpose. It would go back to being used both in the conference report and in a an agreement on good legislation. But for what it was originally intended— letter that would say there would not it did include some language that be- improvements at terminals, runways, be privatization of the air traffic con- came controversial. It did say there and aprons, but there would be a dedi- trol system. Finally, even other parts of the FAA would not be privatization of the air cated line of money that would go to would get a 1-year moratorium. This is traffic control system, but it identified security. If you vote against this legis- the classic example of where my col- 69 sites in medium and small commu- lation, and it continues to drag out in- leagues in the Senate—Democrats— nities where contract hours could be definitely, and we don’t get these secu- seem to be hopelessly pursuing where considered or could be actually put rity funds to the proper place they are the last rose lingers. We have a whole into place. So there was a criticism supposed to go—particularly the air- bouquet in this bill. It is good for the about that. ports—if we have another instance at American people. It is going to be good After trying to work it out in a vari- an airport, or with the airline industry, ety of ways, we went back to con- for the industry and it will create jobs. I would not want to be on record voting We are looking for this one last thorny ference and took that language out. So against this very important legislation rose we can claim and say, well, we got we basically went back to the status that has been developed over a long pe- it done. I note the House has already quo. We don’t say there won’t be pri- riod of time, in a bipartisan way. passed this legislation and we are, I as- vatization of the air traffic control sys- Mr. MC CAIN. Will the Senator yield sume, sometime in the next month tem, and there won’t be. We didn’t say for a question? going to complete our session of this that, well, these 69 contract areas Mr. LOTT. Yes. year. We need to get this done. It might be considered for contract hours. Mr. MCCAIN. Mr. President, I thank would be very positive for the industry We took both of those out, thinking, Senator LOTT for all the work he did as and for the Congress for us to go ahead well, we are ready to go now. chairman of the subcommittee on this and complete this action. issue. I know we don’t have a great Strangely enough, that was not ac- The Senator is absolutely right. The ceptable, either. So we have been work- deal of time. Is the Senator aware in alternative, if we don’t pass this legis- ing in a bipartisan way to try to come this bill we have $14.2 billion for secu- lation, is the status quo, which would up with some solution that would sat- rity and safety for AIP, $13 billion to allow the administration to do what- isfy both parties, all parties, and how modernize the air traffic control sys- ever they please in terms of privatiza- this could be handled. tem, $31 billion to operate—the list tion under legislation Congress has Senator MCCAIN, Senator HOLLINGS, goes on and on. There are billions of previously passed. Senator ROCKEFELLER, Senator DOR- dollars, including drastically needed I will make one other note. On this GAN, and I sent a letter to the FAA Ad- improvements in security and essential idea of contract towers, there are ministrator, Marion Blakey, last week air service. mixed emotions on both sides of the saying we thought it would be appro- I note the Senator from West Vir- aisle. It is not a Republican or Demo- priate to have a 1-year moratorium on ginia, as long as I have been on the crat thing. But there have been hun- any effort of privatization. We have committee, has sought money for es- dreds of these contractors put into been working with the administration sential air service. We also have envi- place. Usually, they are supported by on that issue since that time. ronmental provisions. These are all local congressmen and senators—and, The administration, I believe, is will- being held up on one issue on which we by the way, it is an idea that really ex- ing to make a commitment to not go have tried to reach some kind of com- ploded and was used extensively during forward for 1 year, for a moratorium, promise. the Clinton administration. I am not while GAO does a study of the impact My question to the Senator from being critical. In many cases, it makes of privatization, and also so the Com- Mississippi is this: Let’s suppose we common sense. In many communities, merce Committee, chaired by the Sen- don’t achieve cloture and we don’t have if you don’t have the contract towers, ator from Arizona, can have hearings 60 votes on this bill. What do the oppo- you would not have anything. on that matter. But they want to be nents gain by that? It seems to me For the life of me, I cannot under- able to go forward with those things what they gain is sooner or later we stand why we haven’t been able to that are already underway. are going to extend the existing pro- bring this to conclusion. I think it is The net result for the air traffic con- grams, which allows further privatiza- time to vote and see who is for getting trollers and for other unions within the tion of the towers and other aspects of this legislation done and who wants to FAA would be a 1-year moratorium. our air traffic control system, which is preserve the status quo, I guess, or However, where there is an ongoing A– what they are fighting against. Yet have nothing, which would hold up 76 study, that would not be stopped. they will lose. Is this some kind of a funds to the tune of billions for secu- Now I am being told maybe even that statement being made or is this re- rity and improvements at our airports. is not enough. I ask, how much is ality? Is there anybody who believes we Since the chairman is here, and I enough? are going to shut down the air traffic know Senator LAUTENBERG is waiting

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14942 CONGRESSIONAL RECORD — SENATE November 17, 2003 to speak, I will reserve the remainder zens were afraid to travel. They were this Congress, we pass bills in both of my time. We will claim more time afraid to get up in an airplane. Now Houses, and then the White House after Senator LAUTENBERG has had a they don’t have to worry so much, ex- writes the conference report. chance to speak. cept for shoulder-guided missile It is presented graphically on this I yield the floor. launchers and except for terrorists con- chart. House bill: No privatization. The PRESIDING OFFICER. The Sen- stantly trying to break through. And Senate bill: No privatization of air ator from New Jersey. now, to make life easier, we are going traffic controllers. White House posi- Mr. LAUTENBERG. On my time, I to take the FAA, the most well-trained tion: Silence on privatization. Con- ask the Senator from Mississippi just group in the country, people who are ference bill: Silence on privatization. one question, if the Senator is avail- on the job 24/7, constantly, they are al- That is a coverup. What that means is able. I want to put a question to him. ways there when we need them, regard- they can go ahead and do it any time Can the Senator tell me why Con- less of weather, regardless of what else they want to. gressman YOUNG from Alaska fought so happens—when those airplanes struck In this Congress, if the House and hard to take two of his airports off of the Trade Towers, we are now talking Senate agree on something and you the privatization possibility? about my neighborhood. throw it out and allow the White House Mr. LOTT. Mr. President, on the I saw the Trade Towers from my to write whatever they want, we don’t time of the Senator, I am glad to re- apartment house. I didn’t see them usually respond favorably to that hap- spond. that day because I happened not to be pening. The stakes are high because Mr. LAUTENBERG. Take a short there, but I notice their absence. It is the safety and security of our families, minute, if you will. very clear. The people in the tower at our friends, and our neighbors are at Mr. LOTT. I will give the Senator a Newark—I know those guys and the la- stake. The clearest evidence of this is direct answer. Senator STEVENS indi- dies. I know them well. I have been up how our air traffic control system per- cated that is what he wanted. I under- in that tower many times. I used to be formed on September 11, 2001. stand there are extenuating cir- commissioner of the Port Authority of The first airplane struck one of the Trade Towers at 8:45 a.m. This chart cumstances with those two areas in New York and New Jersey. I know shows what the skies looked like at Alaska. That varies from State to what goes on in towers. I know we used that time. The little light green areas State. In some States, they want con- to gauge rainfall with a pail outside. It represent airplanes. You can barely see tract towers for a particular site, and wasn’t that long ago. The fact is, they the ground. This was 1 hour, and it was in others not. I agree with the Senator could see the buildings burning, and even more crowded than that. The on that. I think we should not have ex- when the order came to take safer ac- order came out to get the airplanes out cluded them. tion, they did. of the sky, get them on the ground, get Mr. LAUTENBERG. Mr. President, it We are going to soon be voting clo- people safely to someplace where they is apparent the Congressman from ture on the FAA conference report, and could call their families and let them Alaska wants to make sure his people it would have passed except for the fact are safe when they are in and out of know what was happening. there was an insert put in after neither One hour later, 5,000 airplanes were that airport. He doesn’t want to be House had a Democrat in the con- privatized, and neither do I, or most of taken out of the sky, directed to land ference—neither the Senate nor the at destinations that were not origi- the people in the Chamber. House of Representatives, neither had I have great respect for the Senator nally planned, and the picture looks a Democrat in the conference. Never- like this chart. It is a lot safer. If my from Mississippi. He and I will agree on theless, we are now suddenly delivered lots of things. When we don’t, they are family was flying, I would have been a program that includes a rec- very happy to hear they landed some- usually deep disagreements. We all ommendation from the White House, want the system to function. The Sen- place, whether it was in Wyoming or which neither body acted upon, and Arizona—anyplace else besides New ator from Arizona certainly under- when we voted overwhelmingly to pre- Jersey. I would have just been happy to stands aviation and how the system op- serve the no-privatization view. know they were on the ground. erates, but he said something in his re- On June 24, 2002, just in the after- My State suffered major losses. Al- marks that really struck me. No mat- math of 9/11, the President signed an most 700 people—691, to be exact—from ter what happens, this program is Executive order. So this issue has been New Jersey lost their lives that day in going to get funded. It is going to get in the works for some time. We don’t the World Trade Center attack. We are funded regardless of the action we take have to talk about who is delaying the very sensitive to safety. We know this tonight. Why it is that the President of movement of the reauthorization bill. hits home. This is no academic exercise the United States and his people de- There it is. June 4, 2002: Section 1 of for us. We know there are families tor- cided to delay implementation of this this Executive order: tured by the loss of a father or mother reauthorization, I will never know. The first sentence of that order is amended or brother or sister. My oldest daugh- This is kind of like a Custer’s last by deleting ‘‘ . . . an inherently govern- ter lost her best friend in that World stand: We are going to teach you mental function.’’ Trade Center. They worked together at Democrats something. That is what the President of the one financial firm. My daughter went Don’t teach us; teach the American United States said on June 4, 2002, not to law school, and this lady went to a people how you care about them, about too many months after 9/11 took place. place called Kantor Fitzgerald. They their safety. Why, suddenly, are we so We took up the FAA bill in June. The lost 700 of their 1,000 employees. concerned about going commercial? We Senate spoke loudly and clearly: No These acts of terror utilizing our took roughly 28,000 baggage handlers privatization. The House also spoke aviation system introduced a new era and said, you know what. The private loudly: No privatization. But in the of fear for the U.S. travelers. sector can’t handle them. They mess conference, the prohibitions dis- September 11 also highlighted the he- up all the inspections. They are ter- appeared. Conference leaders simply roic act of many public employees who rible. We have to get them in Govern- dropped all the language dealing with did their jobs, as they do every day, ment hands where we know things can privatization. with skill, courage, and profes- be properly operated. But when it Why did the Members of the con- sionalism. Emergency responders, res- comes to the FAA, the people who re- ference, sitting behind closed doors, ig- cuers, firefighters, police officers, and sponded so heroically when the tragedy nore the mandates for safety and secu- other government employees aided peo- of 9/11 struck our country, no, then we rity of our aviation system? If you ask ple out of the burning buildings. We want to put security on the cheap. We them, they say the White House said heard of a historic incident where a want them to be operated by Acme Air, we had to; so the order. Both Houses of couple of policemen and firemen went or whoever else it is. Congress were clear. Both Houses into the buildings knowing very well The aviation industry has had a lot spoke on the issue. Both Houses said no their lives were at stake. Unfortu- of difficulty. Much of that is because privatization of air traffic controllers. nately, they were right; their lives our country had an overwhelming trag- But in the conference, that commit- were at stake, but they tried to save edy strike us on 9/11, and so our citi- ment disappears. Why? Apparently in others.

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14943 As our aviation system was both course, that has something to do with One of the most respected men in under attack and being used as a the fact the chairman of the House Washington is Ken Mead. He is the in- means of attack, it was the air traffic Transportation Committee is from spector general of the Department of controllers who protected the tens of Alaska. He did not want his airports Transportation. He did a study on the thousands of Americans aboard aircraft privatized. He was very specific. issue of contract towers. I ask unani- at that time. The snapshots we have He said: Of course, the criticism of mous consent that his letter and that seen tell us the picture quite precisely. myself is that I exempted the State of of the Professional Air Traffic Control- Within an hour of the time that the Alaska, and here is the reason for that. lers Organization be printed in the One, he describes Juneau Field itself to flights were ordered to the ground, the RECORD. Nation’s air traffic controllers made be going under Capstone next year so it unbelievable progress. We saw that in would not be eligible to be contracted There being no objection, the mate- the chart. Within an hour, numbers of out. The Merrill Field is a real complex rial was ordered to be printed in the those planes—huge numbers—were suc- issue. He winds up saying that the air- RECORD, as follows: cessfully grounded. planes take off right toward my hotel U.S. DEPARTMENT OF TRANSPORTATION, I repeat, almost 5,000 aircraft were room every morning. I look out and Washington, DC, July 22, 2003. guided safely to the ground in a matter there is one coming right at me. It is Hon. DON YOUNG, of hours, a tremendous feat. All parts an interesting experience and I want to Chairman, Committee on Transportation and Infrastructure, U.S. House of Representa- of the system worked well, worked to- make sure everything is done right in that field. tives, gether, and worked safely to bring Washington, DC. home those traveling by plane that He does not want Acme air control- DEAR CHAIRMAN YOUNG: We understand day. This included roughly 15,000 air lers to be there perhaps in the middle of a labor dispute or something like that the House and Senate Conferees may be controllers, 6,000 technicians, and 2,800 meeting this week to discuss the Federal flight service station employees. that. He wants to know that the tried and trusted hand of the FAA as it is Aviation Administration’s (FAA) Reauthor- These people acted bravely and pro- ization. One issue that will no doubt be in- fessionally. So why does President presently composed continues. If he cluded in those deliberations is the provision Bush want to honor these heroes of 9/11 thinks that exempting Alaska is a good of the legislation that prohibits FAA from by firing them? I do not get that at all. idea, let the other States have an ex- contracting out any Air Traffic Control func- The administration plans to privatize emption, too. The other 49 should just tions. Specifically, we are concerned that our air traffic control system. as well be exempt. this restriction would eliminate even the op- I heard the distinguished Senator If the Chair would let me know when tion of expanding FAA’s Contract Tower from Mississippi say there are no plans, we have 10 minutes, I would like to Program to the 71 visual flight rule (VFR) no, but just take away the safeguards turn that time over to the Senator towers still operated by the FAA, regardless and anything one wants can be done. from West Virginia. of how safely and cost efficiently towers in The PRESIDING OFFICER (Mr. COR- the existing Contract Tower Program are op- This conference report allows them to erated. do exactly that. It is a bad idea, truly NYN). The Senator will be so notified. Mr. LAUTENBERG. Privatizing the disrespectful to the thousands of Sep- Based on our work, we think the Conferees air traffic control system is a bad idea tember 11 heroes and disrespectful to should take into account the track record of for many reasons. We should heed the the 218 VFR towers in the Contract Tower all of those who worry about air travel lessons of other countries that tried Program. Since 1998, we have conducted au- when they read about shoulder-fired this already: Canada, Australia, and dits of various aspects of the Contract Tower weapons and even worse. the United Kingdom. All of these at- Program and have found consistently that It is no coincidence that this impor- the program works well. We found that con- tant section of the FAA bill was omit- tempts resulted in failures. We should heed the lessons of the tract towers provide cost-effective services ted without any Democratic input or blackouts we experienced in the North- that are comparable to the quality and safe- debate. The American people do not ty of FAA-operated towers. For example, east this summer that shut down six want safety and security on the cheap. last year the level of operational errors at major airports. Our air traffic control They want air traffic control to remain contract towers was comparable to the level system guided stranded flights safely essentially a Government safety func- of operational errors at FAA VFR towers. to the ground. The Contract Tower Program also provides tion, as it was before President Bush I do not think it can be any clearer signed that Executive order in 2002. services at towers that FAA would otherwise that air traffic control is a vital Gov- not have staffed because they were too ex- That is why the Senate voted on June ernment safety and security function. pensive to operate. In 2002, we estimated 12 of this year—I remind my colleagues I sense my colleague from West Vir- that contracting out the VFR tower still op- who are in the Chamber, talking about ginia would like to use his 10 minutes erated by FAA could save the agency about who should vote for what—I want ev- now. $780,000 per tower each year. That translates erybody in this Chamber to feel like The PRESIDING OFFICER. The Sen- into about $55 million in annual savings if all they can look in the mirror and answer ator from Mississippi. 71 towers were contracted out. the question: What was the best thing Mr. LOTT. Mr. President, for the Our point here is not that the 71 VFR tow- I did for the safety and the safe- sake of a flow back and forth, I yield 5 ers still operated by FAA should be con- guarding of our airplanes and our pas- minutes of our remaining time to the verted to the Contract Tower Program, but sengers? That is to make sure this sys- chairman of the full committee. that the option should remain open. We do tem stays intact. Mr. LAUTENBERG. I yield the time not support expanding this option beyond The Senate voted on June 12, a vote with unanimous consent that I regain the remaining 71 VFR towers still operated of 56 to 41—we do not have 56 on this it and turn it over to my friend from by FAA. But in light of the sharp decline in side—to ban this privatization. I re- West Virginia. Aviation Trust Fund revenues and the most mind my colleagues that safety and se- Mr. LOTT. I yield 5 minutes to the recent projections of the Federal deficit, we think FAA needs the flexibility to evaluate curity are not partisan issues. Eleven Senator from Arizona. alternatives for ensuring its operations at all of my Republican colleagues voted for The PRESIDING OFFICER. The Sen- VFR towers are conducted in the safest and safety and security. This conference re- ator from Arizona. most cost-effective manner possible. port on the FAA is not the first con- Mr. MCCAIN. First, when Air Force We urge the Conferees to consider pre- ference report produced on this bill. One takes the President down to his ranch in Texas, guess what. Horrors, serving at least the option of expanding the Conferees produced an original con- Contract Tower Program to the 71 VFR tow- ference report that was downright the plane lands at an airport with a ers still operated by the FAA. strange. contract tower. When the Vice Presi- dent travels to Jackson Hole, WY, his If I can answer any questions or be of fur- How much time do we have remain- ther assistance in this or any other matter, plane lands at an airport with a con- ing on our side? please feel free to call me at (202) 366–1959, or The PRESIDING OFFICER. Fifteen tract tower. Perhaps the safety con- my Deputy, Todd J. Zinser, at (202) 366–6767. and a half minutes remaining. cerns that always surrounds a Presi- Sincerely, Mr. LAUTENBERG. For starters, it dent and Vice President have been KENNETH M. MEAD, exempted the State of Alaska. Of waived in this case. Inspector General.

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14944 CONGRESSIONAL RECORD — SENATE November 17, 2003 PROFESSIONAL AIR TRAFFIC to avoid a veto by the President of the The chairman of the full committee CONTROLLERS ORGANIZATION, United States who flat out said that— and Senator HOLLINGS and Senator Douglasville, GA, November 6, 2003. guaranteed in writing that we would LOTT, both of whom have spoken here, Hon. TRENT LOTT, have a veto—and at the same time try myself, the ranking member on the U.S. Senate, Russell Senate Office Building, Aviation Subcommittee, and BYRON Washington, DC. to satisfy the legitimate concerns be- DEAR SENATOR LOTT: I am writing to urge cause of the position of Senator LAU- DORGAN—we wrote to FAA Adminis- you to support the conference report accom- TENBERG and others who voted for the trator Blakey and made a reasonable panying H.R. 2115, Vision 100—The Century measure to which Senator LAUTENBERG request, asking for an extension on a of Aviation Reauthorization Bill. Please referred. certain part of this for a period of a make no mistake; Labor is divided on this It seems to me we should have been year. We might get that in the next 7 issue. able to come to some kind of an agree- or 8. We might very well get it. The I am the National Representative for the language didn’t appear to be quite Professional Air Traffic Controllers Organi- ment, including the commitment that we got from the administration, or at proper at the time. zation, PATCO/AFL–CIO, and represent the We do have the President’s state- air traffic controllers in 50 FAA contract air least we would have held to, for an all- traffic visual flight rule (VFR) control tow- out moratorium. ment. As the Senator from New Jersey ers (ATC) across the United States. I take Now, if the Senator from New Jersey pointed out, he specifically deleted ‘‘an exception to the National Air Traffic Con- prevails on this vote, we have previous inherently governmental function’’ trollers Association position that the FAA authorization and privatization will go when it referred to air traffic perform- contract controllers are unsafe. The DOT In- on. So the Senator from New Jersey ance-based organizations. spector General’s report released on Sep- may feel great about it but the fact is I want to support the FAA con- tember 5th states unequivocally the safety that with the compromises we offered, ference report. I think virtually every- benefits to the aviation community and the body in the Senate would want to do it. cost savings to the American taxpayers of he would have been far better off. In- stead, we worry about two towers in It includes a lot of things that are very the Federal Contract Tower Program. The important to me for West Virginia. FAA contract controllers are all FAA cer- Alaska. tified, most have 15–20 years of experience The point is, we have tried. We have West Virginia is not at the center. We and the large majority are retired military tried to address this issue, which is a are not exactly a hub of jet aviation, and former FAA controllers. FAA also close- very small part of very large legisla- but we are served by many good air- ly monitors and oversees all FAA contract tion, that has to do with aviation secu- lines that do their best to help us. We tower operations. all know the issue of privatizing the air rity; it has to do with airports; it has H.R. 2115 will enhance aviation safety, se- traffic control system has held this to do with all kinds of things. It is a curity and supports the Airport Improve- whole thing up for months. It is per- massive bill and we are hung up on this ment Program. The important issue of ex- plexing, because it does not seem to me panding capacity to aid congested airports is one aspect for which there is a refusal to be that big an issue. Yet if we are also addressed by the building of new run- to compromise on the part of the Sen- simply to accede to it, in language ways and other projects, all of this resulting ator from New Jersey, and I regret it. which is potentially very vague, we in the creation of new jobs. I deeply regret it because we may lose have no idea what might happen. There are those who oppose this bill be- this vote, although I hope Members re- cause they believe it mandates privatization. That is why we sent this letter—my It does not. The measure, as you know, is alize the consequences of the loss of good friend and chairman, and I, and now silent on the issue of privatization, leav- this vote. Believe me, we are not going the chairman of the full committee—to ing the FAA with the management flexi- to shut down aviation in the United try to get this extended for a year so bility they have held for decades to evaluate States of America over this issue. We we could look at it and go ahead and staffing at individual facilities and to make are not going to allow that to happen. pass the rest of all this. appropriate decisions with regard to safety, It is far too important to all of Amer- efficiency, and fiscal responsibility. Please But we have not gotten the letter. ica’s citizens. We still have 71⁄2 minutes, if I read the support the conference report accompanying Again, I hope my colleagues will pay H.R. 2115 and encourage your colleagues to clock correctly. It could come in. Then pass this legislation as quickly as possible. attention to the letter from Ken Mead, we could all vote for the entire con- Sincerely, the inspector general of the Depart- ference report. But short of getting JERRY TUSO, ment of Transportation, that says that letter and that commitment, PATCO National Representative. clearly that the contract-operated tow- which we all signed on a bipartisan Mr. MCCAIN. He says: ers are safe consistently, they are cost basis, then I think we have to vote Since 1998, we have conducted audits of effective, and their quality and safety against cloture because it is entirely a various aspects of the Contract Tower Pro- is comparable to FAA-operated towers. matter of employees being accountable gram and have found consistently that the I reserve the remainder of Senator to the public who maintain the air- program works well. We found that contract LOTT’s time. planes, who are the service stations towers provide cost-effective services that The PRESIDING OFFICER. The Sen- that send them from one place to an- are comparable in quality and safety to ator from West Virginia. other. That is accountability to the FAA-operated towers. Mr. ROCKEFELLER. Mr. President, public. It is not accountability to the The difference is it saves $170 million this is all odd, perplexing. bottom line. It is not a matter of con- a year for the taxpayers. By the way, I Mr. LAUTENBERG. Mr. President, I tracting out. This is fundamental safe- hope the Senator from New Jersey can am sorry, but there was a unanimous ty. get over the Alaska issue. This is a consent that was agreed to that the If you ever go out to Herndon, VA, as fairly big bill. In all deep sympathy, I time would be turned back, and I just I have, and you see the latest tech- hope he can get over two towers in want to make sure we divide it up nology and you see all the airplanes in Alaska as we consider this serious properly. So I would like to be able to the air at any given moment in the issue. recover the time and then just make a United States of America, you can The process was not perfect. We prob- decision to hear our chairman of the hardly see the country. There are air- ably should not have put this provision subcommittee. How much time is re- planes everywhere and they are all in in conference. We did so at the urg- maining on our side? traveling. They have to be guided. A ing of the administration because there The PRESIDING OFFICER. Twelve lot of them are general aviation. Some was the threat of a veto by the admin- and a half minutes remain. of them are not, obviously. istration. Ever since then, we have Mr. LAUTENBERG. I yield up to 10 The inability of Congress to resolve tried to reach some kind of an agree- minutes to the Senator from West Vir- this issue has created a very signifi- ment. We have agreed to have it lan- ginia. cant uncertainty for our airports in guage neutral. We have agreed there Mr. ROCKEFELLER. I am grateful to particular. These are hard times for would be a year-long moratorium while my colleague from New Jersey for that. aviation. I don’t think it is the right GAO and other studies are conducted. But I am still perplexed. This is all time to add more trouble in their life, The Senator from Mississippi and I kind of odd to me. more uncertainty in their life, less pre- have spent literally hundreds of hours We could, I think, pass this whole dictability in their life, and the worry trying to reach some accommodation thing, the entire authorization bill. about less safety in their life.

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14945 Last week we did attempt to resolve I want to set the record straight for done. We need to get this legislation the main issue that held this up. As I 1 second and then I will be finished, on completed. That is why we have been indicated, Senators MCCAIN, HOLLINGS, how this came about. When the Senate working feverishly to try to come to a LOTT, DORGAN, and myself did send the debated, as has been said by the Sen- conclusion. FAA Administrator a very straight- ator from New Jersey, we debated this With regard to contract towers, we forward, honest letter and we requested important bipartisan bill. We had a bi- have one in Tupelo, MS. It works fine. the FAA impose a 1-year moratorium partisan majority of Senators express I believe the record will show that on the actual contracting out of any serious concerns over the executive the Senator from New Jersey has over air traffic control functions, including branch’s future plans for the safety the years supported the concept of con- flight service stations, which provide management of the air traffic control tract towers. As a matter of fact, when enormously important information to system as a whole. As the Senator indi- he was chairman of the Transportation pilots. You can’t do without them. cated, we voted 56 to 41 to impose re- Appropriations Subcommittee, in 1994, I have a little community in my strictions on the administration’s pro- the number of contract towers grew State called Elkins, WV, which is cur- posal precisely to avoid the very out- from 14 in 1987 to 59 at the end of 1994— rently not served by commercial avia- come of the conference report we are an increase of 300 percent while he was tion, but it does have a critically im- now facing, which is allowing the ad- subcommittee chairman. portant flight service station that han- ministration to privatize functions of I repeat again something I said: This dles traffic for a significant part of the the air traffic control system. is not a Republican idea. I am not even Washington, DC metropolitan area I will not get into the House of Rep- sure it is a Democrat idea. But it is an that is at risk of being contracted resentatives. They also had voted to idea that was used effectively during out—and will be. impose these safety restrictions. In the Democratic administrations and Re- Flight service stations such as these end, the majority of conferees—we publican administrations. The 1994 Senate report says: are absolutely vital security links in were never invited to be a part of, I was our Nation’s air traffic control system never invited be a part of, but I have In light of the recent recommendations in the ‘‘Report of the National Performance Re- and they have to be protected from pri- become accustomed to that because I view’’ which calls for converting level I con- vatization. was part of the Medicare conference trol towers to contract operations, the Com- I come from a private enterprise and I wasn’t part of that, so my thresh- mittee has provided an additional $1 million background, and that has been pointed old of expectations was low. But we above the amount requested for this pro- out to me humorously, or not, but you had the will of both Chambers being ex- gram. just can’t fool around with public safe- pressed. Unfortunately, the conferees That was in the Transportation Ap- ty. You can’t do it. Police officers are bent to the desire of the administra- propriations Subcommittee report in not contracted out. I guess they are in tion. 1994. Iraq, but they are not in this country. Congress has clearly spoken on its Here is the most important language They are public servants. Or you hire a concerns over air traffic control privat- from the subcommittee chairman, Sen- private guard if you want to, some- ization. Let us use next year to develop ator LAUTENBERG. thing of that sort, but basically, pro- policies and make the system more se- The Committee believes this public/private tection of public life and public passage cure, more safe, and more efficient. I sector program (contract towers) has pro- is in the hands of the Federal Govern- urge my colleagues to reject cloture vided significant safety and economic bene- ment. And it should be. It has always unless we get a letter in the next fits to smaller communities at a reduced been there. People trust it. If you took cost to the Federal Government since its in- minute and a half which commits to ception in 1982. The Committee urges FAA to it away, or parts of it away, people this protection which I think we all expand the programs where appropriate. would be stunned. I think they would want. Now, all of a sudden, contract towers be stunned. This is an enormous subject. I deeply are something really heinous. What is This Senator can only support clo- regret we have come to this point. the difference in 1994 and 2003? We have ture if the administration has made a There is no reason we should have, but done a lot more—I think over 200 of strong commitment to hold off any we have. Assuming that letter will not them. I think most of them work just changes to the management of the air come, I will have to ask my colleagues fine. traffic control system for a year. And to vote against cloture. I do not know. We are doing a little The PRESIDING OFFICER. The Sen- we have still 4 minutes to get that let- revisionist history here. ter. Then we will vote for the con- ator from Mississippi. I emphasize this: There is no lan- Mr. LOTT. Mr. President, before he ference report and I will happily do so guage in this conference report that leaves the Chamber, I thank the Sen- because I agree with the Senator from would identify contract towers for ator from West Virginia for his work Mississippi, there are lots of good Alaska, in or out. We took that out. It on the Commerce Committee, and spe- things in it. But safety, unfortunately, is not here. is one of those things you cannot com- cifically for his work and his coopera- We also had language in the con- promise. tion on the development of this legisla- ference report that said we would not The Senator from Arizona spoke tion, both at the subcommittee and full have privatization of the air traffic about Air Force One and Air Force committee level and here in the Cham- control system. Two. I have never had any doubt they ber of the Senate, and also for the tone Declare victory? Oh, no. That was a are well cared for. But there is a lot of of his remarks. He wants to get this problem because it didn’t apply to all other general aviation that may not be done and that is the attitude we should parts and all unions involved in FAA. quite as well tended to, and we have to all have. In fact, that has been my That is what this is really all about. worry about that. goal. I am trying to find a way we can It is about making sure that every one I don’t think the conference report is get a bill completed that has $60 billion of the unions that are involved in the going to pass the Senate if this letter in it, billions of dollars for security for Federal Aviation Administration are doesn’t arrive. It is not just a case of our airports and for the airline indus- excluded. where the perfect is the enemy of the try as a whole and that the President Again, we are, I guess, looking for good but, rather, it is a fundamental will sign. the perfect here. All the talk is about debate over the future of aviation and Is this about trying to win the air traffic controllers, but as a matter security. It is a huge subject. Aviation point—the congressional position will of fact, it involves the Federal Flight is an enormous employer, creating prevail and the President’s position Weather Service people, it involves enormous economic activity in our will prevail? How about finding a posi- maintenance, it involves everybody. country. tion we can both live with? That is, We can’t have privatization of any This is not the process we should fortunately or unfortunately, how it part of the FAA, would be the attitude have to use for the FAA conference re- works sometimes in a legislative body. of some. I just do not understand that port. I would be the first to say that. It That has always been my attitude. I language here. grieves me. This legislation has always am not interested in making state- So it is very important that we real- enjoyed bipartisan support. ments. We came here to get things ize what is actually in this conference

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14946 CONGRESSIONAL RECORD — SENATE November 17, 2003 report and what is not. My guess is, Presently, the FAA is operating 219 I would like to quote Senator LAU- Can you accept victory? Can you ac- contract towers at airports throughout TENBERG’S floor statement during con- cept victory? The administration has the continental United States, Alaska, sideration of the fiscal year 1994 De- said they will put it in writing; they Hawaii, Guam, and Puerto Rico. The partment of Transportation and Re- would have supported it in legislation; Contract Tower program cost for FY lated Agencies Appropriations Act on no privatization of air traffic control 2002 was $73.5 million. This program re- October 4, 1993. He said: systems. sults in annual savings of over $54 mil- The use of contract towers is an example of I ask the Senator from New Jersey. lion. how we can reduce the costs of Government He addressed a question to me. I ad- A recent audit by the Inspector Gen- services and achieve savings over the long dress a question to the Senator from eral at the Department of Transpor- run. FAA estimates that the use of a con- New Jersey. Will he accept a commit- tation validated the cost savings, and tract control tower saves $200,000 annually ment of a 1-year moratorium of no pri- found that contract towers operate as because of the flexibility available in sched- uling controller working hours around vatization of the air traffic controllers? safely and efficiently as FAA towers. changes in air traffic activity levels. Mr. LAUTENBERG. If the Senator Contract tower locations are evaluated I ask unanimous consent that the from Mississippi would read that infa- by the FAA under the same require- Talon News article by Jeff Gannon mous letter we are talking about, it ments as FAA staffed towers. dated September 23, 2003 be printed in says no actual privatization will take Contract towers are staffed at the the RECORD. place. levels required under current con- There being no objection, the mate- Mr. LOTT. That is my point. tracts. Contracts are required to sub- rial was ordered to be printed in the Mr. LAUTENBERG. My goodness, we mit monthly staffing reports—which RECORD, as follows: couldn’t privatize it within a year if we provides verification that they are in [From the Talon News Sept. 23, 2003] started today. That letter doesn’t say compliance with their FAA approved what it is purported to say. staffing plans. DASCHLE, LAUTENBERG VOW TO FIGHT FAA Mr. THOMAS. Mr. President, the Several audits have commended the PRIVATIZATION THEY SUPPORTED IN 1994 FAA conference report before us this FAA’s Contract Tower program for (By Jeff Gannon) evening is critical because it provides oversight of contractors and strict WASHINGTON (TALON NEWS).—New Jersey funding for crucial safety, security and Democrat Sen. Frank Lautenberg is prom- monitoring of controller staffing lev- ising to hold up the Federal Aviation Admin- capacity projects at airports across the els. istration reauthorization bill over the sub- country. According to Department of Trans- contracting of some air traffic control jobs. I strongly believe that all Senators portation Inspector General Kenneth He cited safety concerns as the basis for his should support this cloture vote—espe- Mead, the contract tower program pro- opposition to the outsourcing of air traffic cially since it includes provisions to vides ‘‘cost-effective services that are control functions. strengthen our Nation’s air service. comparable to the quality and safety of President Bush has threatened to veto a However, a handful of Members on the FAA-operated towers.’’ Additionally, bill that does not include language to allow other side of the aisle have held this the privatization that his administration the National Transportation Safety says will result in increased savings with no measure up due to inaccurate claims Board—NTSB—supports the contract reduction in safety. Democrats are chal- that the administration wants to pri- tower program. lenging competitive sourcing of thousands of vatize our air traffic control system. I I find it hard to believe that a hand- federal jobs through insertion of amend- would like to take a few minutes to set ful of Democrats know more than ments into departmental appropriations bills the record straight. NTSB or the inspector general when it that would prohibit the practice. The objective of the FAA contract comes to aviation safety. Some are characterizing Lautenberg’s op- tower program is to reduce costs to the There are many aspects of our Na- position to the privatization as political, Federal Government by contracting tion’s aviations system. Nothing in the since he championed a similar program in 1994. out the operation of low-activity tow- FAA Conference Report would allow Geoffrey Segal, the Director of Govern- ers while providing a safe and efficient for privitization. Simply put, under ment Reform Policy for the Reason Founda- service to users of the National Air- this bill the FAA would continue to ex- tion, told Talon News, ‘‘The change in posi- space System. Without the contract ercise the authority it has had since tion clearly is pandering to special interests, tower program, many smaller airports 1982. in this case NATCA (National Air Traffic would be left with no air traffic control A number of my colleagues have im- Controllers Association), who have aggres- services. plied that this bill is an attempt to sively stepped up their lobbying efforts to Since 1982, the FAA has used the con- contract out the job of Enroute Control fight competition in the FAA.’’ tract tower program to provide air Segal pointed out that, while serving as Centers. Enroute controllers are re- chairman of the Senate Transportation Ap- traffic control services at low activity sponsible for directing traffic across propriations Subcommittee, Lautenberg sup- Visual Flight Rules towers across the the United States—the Contract Tower ported the part of Vice President Al Gore’s country. Program has nothing to do with these program for ‘‘reinventing government’’ that In 1994, the Program was expanded to positions. included the changes now being proposed by include the conversion of FAA Level 1 At Congressional hearings this year, President Bush. Visual Flight Rule towers to contract DOT’s inspector general stated that Segal continued his criticism of Lauten- operations. This expansion was in- with the sharp decline in revenues to berg, saying, ‘‘The flip-flop in position is cluded in Vice President Gore’s Na- the aviation trust fund and the most pure partisan politics—it’s reform when pro- posed by a Democrat, but it’s trading safety tional Performance Review and sup- recent projections of the federal def- and security for profits when it’s a Repub- ported by Congress. The Department of icit, the FAA needs the flexibility to lican proposal.’’ Transportation’s Inspector General has ensure VFR towers are conducted in Lautenberg was quoted in the Washington publicly stated how important the con- the safest and most cost-effective man- Post in 1994, saying, ‘‘The [Clinton] adminis- tract tower program is. This program ner possible. tration’s proposal to privatize the air traffic makes sense because it allows the FAA Wyoming’s busiest commercial air- control system is consistent with the desire to realign its resources in a more effi- port—Jackson Hole—operates under a to bring more efficiency and reform to gov- ernment and should be reviewed seriously.’’ cient and effective manner; it has a contract tower. The Jackson Airport On the Senate floor in 1993, the New Jersey better safety rate than FAA towers; handles over 63 percent of Wyoming’s Democrat declared, ‘‘I strongly endorse the and, it saves taxpayer dollars. commercial air traffic. FAA’s contract tower program for level 1 All contract controllers are certified For those who question the safety of (the smallest) control towers. . . . The use of by FAA, and contract tower facilities contract towers, I would like to point contract towers is an example of how we can are monitored on a regular basis by the out that Vice President CHENEY and reduce the costs of Government services and agency. Additionally, the vast major- President Bush both use contract tow- achieve savings over the long run.’’ ity of contract controllers are former ers when they fly to their respective Lautenberg justified his support of privat- ization by saying, ‘‘FAA estimates that the FAA and military controllers. All con- home States. If the contract towers are use of a contact tower saves $200,000 annually tract controllers are subject to the safe enough for the President and Vice because of the flexibility available in sched- same training requirements and oper- President—I believe they are safe uling controller working hours around ating rules and procedures. enough for the American public. changes in air traffic activity levels.’’

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14947 At the time, South Dakota Sen. Tom to terrorist attack. We remember the tion has set a goal of reducing air traf- Daschle (D–SD) praised Lautenberg’s efforts, extraordinary courage of the pas- fic fatalities to near zero. This chal- saying, ‘‘I would like to compliment the Sen- sengers on the fourth plane who pre- lenge has become increasingly complex ator from New Jersey for once again doing a vented the terrorists from completing as flights have increased to meet the masterful job in providing the Senate with an appropriations bill that recognizes the their murderous mission. We also re- growing needs of the traveling public. importance of our transportation systems to member the extraordinary courage of There isn’t much room for error. the health of our economy and fairly bal- the firefighters, police officers, and Unfortunately, the administration ances the competing demands for improved other rescue workers at the sites of the and House Republican leaders are back- transportation services throughout the attacks, and millions of our fellow citi- ing a plan that compromises passenger United States.’’ zens who reached out to help the fami- safety by privatizing the air traffic Daschle continued his complimentary as- lies of the victims. control system. This flawed and mis- sessment of the privatization provision, say- We remember as well the extraor- guided plan is contained in the con- ing, ‘‘I am grateful that report directs the FAA to include the Aberdeen (South Dakota) dinary performance of the air traffic ference report on this FAA bill. It is Airport in the FAA’s contract tower pro- controllers, who took on the incredible opposed by 71 percent of Americans. gram.’’ challenge of protecting the whole avia- Earlier this summer, the U.S. Senate Lind Hall Daschle, the senator’s wife, was tion network and ensuring the safety and House of Representatives both a deputy administrator for the FAA from of the public on that tragic day and in voted in their respective FAA bills to 1993 until 1997. the days that followed. Their profes- maintain air traffic control as a public The Reason Foundation’s Segal summa- sionalism and patriotism inspired us function and prevent it from being rized his assessment of the political motiva- privatized. That is the will of Congress. tion of the Senate Democrats by saying, ‘‘Of all. course, the larger picture is that both Sens. So why in the world is the adminis- Instead of affirming that the safety Lautenberg and Daschle supported bringing tration now attempting to undermine of air travelers is the responsibility of competition to government, however, as part those brave citizens? We must defend the United States Government, mem- of President Bush’s plan to do the same, both them instead, because the air traffic bers of the conference committee, at senators are outspoken opponents of the controllers are defending us and de- the urging of the administration, plan. It seems that competition in Aberdeen fending the safety of the American fly- passed an initial conference report that is good for Sen. Daschle’s constituents but ing public. allowed for immediate privatization of not for American taxpayers.’’ Over and over again we see the prob- 69 air traffic control towers. FAA officials have suggested that unless action is taken by the September 30 expira- lems in the administration’s privatiza- This brazen attempt at privatization tion of the current authorization, it would tion policy throughout the Federal was met with such opposition that the begin to furlough non-essential personnel. Government. We have been fighting House was forced to recommit the bill Marion C. Blakey, the agency’s adminis- other battles to correct those policies to conference. However, once recom- trator, predicts more dire consequences. The and make them fair for Federal em- mitted, the House simply stripped lan- New York Times quotes her as saying, ‘‘We ployees. guage in the conference report dealing see ourselves on the brink of closing the But we must be especially careful with privatization. No conference com- doors.’’ with these policies when they affect mittee meetings were held. The bill A temporary reauthorization measure is being proposed to break the impasse and to homeland security. We all know what a was passed along party lines. And our avoid a shutdown of the FAA. Two Repub- disaster it was when private companies Republican friends say this is the sta- licans, Sens. Trent Lott (R–MS) and John screened bags at our airports. Now, tus quo. McCain (R–AZ), indicated they would oppose Federal workers are doing the job bet- Nothing could be further from the any short-term extension and intend to con- ter, and Americans are feeling safer. truth. The House and Senate passed tinue work on the full four-year bill. Both the House and the Senate spe- language to prohibit privatization in Mr. THOMAS. Mr. President, I hope cifically voted to protect air traffic response to an Executive order by the my colleagues and the American public controllers and keep these vital safety administration to privatize the air see that under the Clinton administra- jobs as part of the Federal workforce. traffic control system. tion the Contract Tower Program was Yet now, because of a shameful veto Put simply, the conference report al- okay but it’s not today—under a Re- threat from the White House, the lows the FAA to privatize any air traf- publican administration. House and Senate Republican leader- fic control functions at its whim. This This conference report includes many ship have yielded to and agreed to a policy creates a puzzling contradiction. important provisions for our aviation privatization of these jobs. That Our Government has declared that system. It includes billions in funding change is unacceptable. your luggage is important enough to be for the Airport Improvement Program; In fact, the Senate bill contained screened by trained Federal workers, provides continuation of the Essential even stronger protections than the but once you are up in the sky, with Air Service and Small Community Air House bill. The Senate voted 56 to 41 to your life in the balance, the adminis- Service programs; funds FAA oper- approve Senator LAUTENBERG’s amend- tration apparently feels that your safe- ations, air traffic control facilities and ment to protect not just air traffic con- ty isn’t as important as your suitcase. equipment; extends War Risk Insur- trollers, but also systems specialists Any meaningful legislation must fol- ance to March 2008; and it provides and flight service station controllers low the mandate of the Senate and streamlining for airport capacity, safe- from privatization. I commend my col- House bills and refrain from trying to ty and security projects. league from New Jersey for his contin- privatize our air traffic control system. Secretary Norman Mineta has stated ued leadership in this important battle. If the House attempts to force privat- that ‘‘passage of this legislation offers The FAA reauthorization bill now be- ization of our Nation’s air traffic con- millions of American travelers the as- fore us defies the will of the majority trol system, it will only delay funding surance that the Nation’s aviation sys- in both the House and the Senate. It of essential airport infrastructure and tem will remain the safest, most effi- undermines the safety of our aviation security programs. That would be irre- cient and most competitive in the system, and I urge my colleagues to sponsible and even reckless. world.’’ The facts speak for themselves. vote ‘‘no’’ on cloture. We urge our colleagues to work with The Contract Tower Program provides Mr. REID. Mr. President, the U.S. air us to craft a revised FAA bill that hon- cost effective, quality and safe air traf- traffic control system works miracu- ors the overwhelming sentiment in fic control services to smaller airports. lously well. It is a public system that Congress against privatization of air I urge my colleagues to support clo- is admired around the world. American traffic control operations and mainte- ture on this important bill. air traffic controllers safely and effi- nance, that protects the U.S. aviation Mr. KENNEDY. Mr. President, the ciently guide 9 million flights a year industry from unfair foreign competi- tragedy of September 11 has been with more than 600 million passengers. tion and maintains Federal support of seared into all our memories. We will When it comes to the safety of air the essential air service, and a bill that never forget the sudden massive loss of travel, the American people demand ensures that our Nation’s flight attend- lives, and the realization that our perfection, and rightfully so. That is ants receive mandatory antiterrorism country was now extremely vulnerable why the Federal Aviation Administra- training.

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14948 CONGRESSIONAL RECORD — SENATE November 17, 2003 Let’s move forward by passing a initially was willing to consider this flict, litigation and confusion—far straight 6-month extension of all FAA proposal, it was rapidly determined to from a streamlined result. In addition, programs that will provide the nec- be a poor idea, and the President even- the Department of Transportation has essary time to work through these tually made the determination that air neither the authority nor the expertise issues. An extension bill, introduced by traffic control is an inherently govern- to determine the environmental im- Senators ROCKEFELLER, LAUTENBERG, mental function. So during reauthor- pact of various alternatives to a and DASCHLE, will provide a vehicle for ization of the FAA bill in 1996 and 2000, project under environmental statutes the Congress to get the process and we agreed to FAA management re- such as the Clean Water Act and the substance of the FAA bill right. forms, to give FAA the flexibility it Endangered Species Act. Other Federal I am confident that both Chambers of needs to act as a better manager, not entities, such as the Army Corps of En- Congress will reassert their intent to privatization. In the end, the President gineers or the Fish and Wildlife Service block privatization, protect the integ- and the Congress agreed that air traffic who have specific statutory mandates, rity of essential air service, continue control is an inherently governmental must evaluate alternatives under Fed- the ban on cabotage, and train flight function, and recognized that it was eral law when their jurisdiction is in- attendants as mandated under existing not wise to pursue privatization. Un- voked. legislation. fortunately, the Bush administration For example, regulations governing Americans entrust their lives every reversed the Clinton administration’s wetlands permits under section 404 of day to our air traffic controllers. Now executive order last year, reclassifying the Clean Water Act require the Army they are trusting us to protect their air traffic control functions so that pri- Corps of Engineers to evaluate several safety. vatization could proceed. And this was factors such as ‘‘fish and wildlife val- FAA PRIVATIZATION after September 11. In summary, the ues,’’ ‘‘water quality,’’ ‘‘conservation,’’ Mr. REID. Our friends of the other Clinton administration did not support and ‘‘aesthetics’’ in determining side of the aisle suggest that President privatization, while the Bush adminis- whether a permit is in the public’s in- Bush has no plans to privatize the air tration does support privatization. terest. The Clean Water Act imposes traffic control system. They point out Mr. REID. You mentioned that the specific substantive standards on the that the President hasn’t privatized Bush administration reversed the Exec- Corps’ decision and prohibits the Corps any towers in the past 3 years. Then utive order issued by the Clinton ad- from issuing a permit to fill a wetland why is the President threatening to ministration establishing air traffic if there is a less damaging practicable veto this bill if it includes language to control as an inherently governmental alternative. Under current law, the prohibit privatization? Why is the function. Did the Bush administration Corps has the authority to supplement President delaying the funding for es- have second thoughts about that after NEPA documents with additional in- sential airport construction projects? September 11, 2001? formation in order to fulfill its legal Does this make any sense to the Sen- Mr. LAUTENBERG. I say to Senator responsibility. The legal obligations of ator? REID, this may be hard to believe, but these other agencies have not been re- Mr. LAUTENBERG. Unfortunately, the Bush administration issued their pealed by the language in this bill, nor certain Senate conferees to the FAA Executive order after September 11. I should they be. bill decided to remove all barriers to find that especially troubling in light There is ample authority contained privatizing our national air traffic con- of the incredible and even heroic per- in the existing NEPA statute and regu- trol system. But both the Senate and formance by the Federal employees of lations for coordination among Federal the House voted to put these barriers our Nation’s air traffic control system agencies in performing required envi- in the bill as a response to President on September 11. The security of the ronmental reviews. The confusing stat- Bush’s actions, including the issuance Nation’s airlines became so important utory directions contained in this bill of an Executive order, to move towards that we felt the need to federalize bag- are both unnecessary and counter- privatizing air traffic control. And the gage screening. But somehow, this ad- productive if the desired result is effi- President feels so strongly about ministration still wants to privatize cient project completion. privatizing that he has forced con- the air traffic control system. Given its current content, I cannot ference leaders not to take any actions Mr. JEFFORDS. Mr. President, I support this conference report. in the bill. And this is not agreeable to have serious concerns about several Just last year, Congress determined those of us concerned about the safety provisions found in the FAA reauthor- that, for security reasons, airport pas- impacts of the President’s plan. To my ization conference report. Before the senger screeners should be Federal em- dismay, this ideological crusade by the Senate passed S. 824, the FAA reau- ployees. Why would we treat air traffic White House has held up passage of the thorization bill, we expressly prohib- controllers differently? They play an legislation for over 3 months, and I am ited additional privatization of air equally important role in ensuring the disappointed that some of my col- traffic controllers. We also eliminated safety of our air travelers. leagues are willing to sacrifice safety a proposed cost-sharing requirement Our air traffic control network safely for this zeal to privatize. for local communities that participate guides more than 700 million pas- Mr. REID. Our colleagues also point in the essential air service program. sengers a year. In addition, the ATC out that President Clinton privatized This requirement would have placed an network provides a crucial national se- 116 of the current 219 contract towers. insurmountable burden on many re- curity service by coordinating the na- Isn’t it inconsistent for Democrats to mote communities struggling to main- tional air space for military aircraft as argue privatization when it was a com- tain commercial air service. well as for commercial aircraft. As we mon practice under the Clinton admin- Our colleagues in the House re- saw immediately following the ter- istration? sponded similarly to these issues. When rorist attacks of September 11, 2001, Mr. LAUTENBERG. Between 1994 and the Senate and House bills went to con- the ATC system must be prepared to 2000, the FAA did contract out 130 ference, neither Chamber’s legislation respond quickly and efficiently in small FAA towers. These were ‘‘level I permitted privatization of air traffic emergency situations. towers’’—generally with less than 25 controllers, nor did either bill contain In order to best ensure the safety of operations per hour and operating an essential air service cost-share re- air travel in this country, our air traf- under ‘‘visual flight rules’’—that is, quirement. fic control network must remain a Fed- without radar equipment. I also note Therefore, I was surprised and dis- eral responsibility. This bill permits that the current list of 219 towers con- appointed to learn that the final con- privatization of air traffic control tow- stitutes a small fraction of overall air ference report allows both. ers around the country. traffic in the United States. While ex- I am also very concerned about the I am also very concerned that the es- ploring ways to modernize air traffic provisions in this bill affecting the Na- sential air service cost-share language control equipment for the entire na- tional Environmental Policy Act, found its way back into this legisla- tional system, the Clinton administra- NEPA. While not actually an amend- tion. The EAS program was created in tion proposed a Federal corporation to ment to NEPA, these provisions are 1978, when Congress passed the Airline take over air traffic operations. While I more likely to lead to extended con- Deregulation Act, reflecting Congress’s

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14949 belief that deregulation should not re- only be performed by well trained and the U.K.—have seen increased flight sult in the elimination of airport serv- experienced Federal workers. These delays and—in the case of Great Brit- ice in rural communities. In my home men and women perform a valuable ain—an increase in ‘‘near misses’’ that State of Vermont, the Rutland State service to their country and their jobs could result in accidents. In addition, Airport depends on this program to should not be shipped out to a private this private control requires more re- maintain commercial service in and entity. I urge my colleagues to oppose sources than government-run systems. out of the Rutland region. this bill.∑ It is important to note that the Lau- For many cash-strapped EAS com- Mrs. MURRAY. Mr. President, I op- tenberg amendment would have al- munities, the local match required by pose the motion to close debate on the lowed the government to continue to the cost-share provision in this bill is FAA reauthorization bill. provide private air traffic control to insurmountable. Mandatory cost- While I strongly support the bill’s au- smaller airports. shares will mean the end of commer- thorized funding for infrastructure and Senator ROCKEFELLER has offered a cial air service in many economically operations for our Nation’s aviation simple 6-month extension of AIR–21, depressed rural areas. If we adopt this system, I am troubled that this bill which will allow us to reexamine this provision, we have essentially defeated still gives the Administration too issue and put together a package that the goal of the EAS program. much leeway to privatize our Nation’s reflects the will of Congress and the Both the House and the Senate acted air traffic control, ATC, system. people. on these two provisions earlier this We know this administration is eager I urge my colleagues to oppose this year. The FAA conference report re- to privatize government jobs even conference report. verses the positions that a majority of when it costs more money and does not Mrs. BOXER. Mr. President, I discuss our Members agreed to on the House improve productivity. We also know why I am voting against cloture on the and Senate floors. Rather than endorse that air traffic control involves special FAA Reauthorization bill. This bill includes some very good the flaws found in this legislation, I considerations like safety, cost and provisions, including funding for our urge my colleagues to support S. 1618, flight delays. Nation’s airports and two provisions Senator ROCKEFELLER’s short-term ex- That’s why both the House and Sen- that I was able to include in this bill— tension of the Federal Aviation Admin- ate passed amendments to the FAA bill certification of flight attendant anti- istration programs. This bill provides to explicitly limit the administration’s terrorism training and allowing the additional time we need to work ability to privatize FAA-controlled trained cargo pilots to carry guns in towers. I voted for the Lautenberg out a long-term reauthorization pack- the cockpit. age that represents the positions of a Amendment in June, and it passed the However, these good provisions do majority of Members of both Houses of Senate 56–41. not make up for the threat to the safe- Congress. You would have thought that the ty of air travel that this bill will cause. (At the request of Mr. DASCHLE, the White House would recognize that it On June 12, 2003, Senator LAUTEN- following statement was ordered to be was on the wrong side of this bipar- BERG’s amendment to the FAA bill printed in the RECORD.) tisan issue. But instead of accepting passed 56 to 41. His amendment, which ∑ Mr. KERRY. Mr. President, I would this reality, the White House pressured I supported, would have prevented the like the record to reflect my opposition the members of the conference com- Administration from privatizing the to the Vision 100—Century of Flight mittee to remove the limiting lan- U.S. air traffic control system. The conference report. The final bill does guage during the first conference. Re- House bill had a similar provision. not include any prohibition against grettably, a majority on the conference However, during the conference proc- privatizing the air traffic control sys- committee followed the White House’s ess the provisions in both bills were ig- tem, an issue that has serious safety request. nored. This summer, Republican con- and national security implications. I In its place, the conferees added new ference leaders filed a conference re- voted in favor of the Lautenberg language that goes even further in sup- port that specifically sanctioned pri- amendment in June and will oppose porting privatization. That new lan- vatization at up to 69 airports, some of ending debate today because passage of guage would allow 69 of current FAA which are the busiest in the country in this bill without language protecting controlled towers to be eligible for pri- terms of flight operations. For in- ATC from privatization will make our vatization. Eleven of those towers are stance, Van Nuys airport in California aviation system less secure and more among the 50 busiest in the nation, in- is the eighth busiest airport in the vulnerable to terrorist attacks. cluding Boeing Field in Seattle. country in terms of flight operations. After the September 11 attacks it The conferees then presented that When that clearly did not have the was obvious that the Federal Govern- proposal, only to realize that it faced support of the Congress, the conference ment needed to assume a greater role strong opposition in both Houses of report was rewritten, and the privat- in aviation security. Although we Congress. ization language was dropped. But, the passed legislation that made baggage The conferees were forced to take language prohibiting privatization was and passenger screening a federal re- their first report back for further delib- not reinserted, and the administration sponsibility—legislation that the ad- eration. Their second conference re- has indicated it intends to go forward. ministration supported—the President port, which is before us today, dropped Privatizing the controllers is a bad signed an executive order that des- the expanded privatization provision. idea. The system is not broken, and we ignated air traffic control as a ‘‘com- However, it did not reinstate the ini- should not try to ‘‘fix’’ it. Our air traf- mercially competitive’’ enterprise. tial language that both chambers sup- fic controllers did a valiant job after This is a strange dichotomy. The Presi- ported, which would explicitly limit the terrorist attacks on September 11 dent seems to believe that, in the the administration’s ability to pri- by closing air space and by landing all realm of aviation security, airport se- vatize our air traffic control system. of the planes safely. We should not curity and air traffic control are mutu- Given the administration’s disregard mess with success. ally exclusive. I fail to see how these for congressional intent, I believe that Safety must be a top priority in air issues are mutually exclusive and am this limiting language is critical. travel. Privatization puts that safety disturbed at the administration’s ef- As ranking Member of the Transpor- at risk. forts to undermine the protections that tation, Treasury and General Govern- Mr. FEINGOLD. Mr. President, today were originally included in both the ment Appropriations Subcommittee, I the Federal Aviation Administration House and Senate bills. have supported some privatization of reauthorization conference report Mr. President, if this bill passes with- ATC, but only at low-traffic airports comes before the full Senate. I plan to out a prohibition on privatization, the that would otherwise not have a tower. vote against cloture on the conference executive order signed by the President This is not just a process or philo- report to accompany H.R. 2115 because will stand and he will be able to con- sophical issue but raises questions it would permit the contracting out of tract out the Nation’s ATC to the low- about benefits, safety and cost. The certain air traffic controller positions est bidder. I cannot imagine a worse countries that have privatized their currently filled by Federal Government policy for our Nation. This work should ATC systems—Canada, Australia and employees.

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14950 CONGRESSIONAL RECORD — SENATE November 17, 2003 I do not support efforts to contract ican lives at risk, as demonstrated by same pot out of which we dug the bag- out air traffic controller positions be- the increased danger of air collisions gage screeners. It is ridiculous to have cause these positions are vital to our that we have seen in other countries. this kind of a debate. national security. I regret that the This conference report also fails to Sure, we can prove Air Force One can FAA conference report does not include address an important issue regarding land anyplace. We know the President language passed by both the Senate flight attendants. This issue is an im- lands it all over in fundraising, for and the House—which I supported— portant one following the events of goodness’ sake. We see that airplane that would have prohibited the admin- September 11, 2001. Since that tragic going out there. But that is a different istration from contracting out these event in our Nation’s history, cockpit situation than the one we are talking important positions. doors have been reinforced, some pilots about when we have pilots who can oc- I support the funding for airports and have been trained and certified to casionally make mistakes even when airline industries in our country that carry firearms and marshals have been aided by the guidance of the FAA con- this bill contains and it is not my in- added to some flights. Pilots have also trollers. They know exactly what to do tention to slow down funding for air- been directed to remain in the cockpit with the weather, they know what ports or airlines. However, the safety during a highjacking, leaving flight at- wind sheer looks like, and they know of Americans must outweigh the possi- tendants alone in the cabin with only all of the conditions. And I am not the bility of airlines and airports being minimal training on how to work with pilot. Senator MCCAIN is the pilot in temporarily inconvenienced. a marshal or respond alone to such an this room. Supporters of this legislation will event. The provision that was not in- The fact is it is safety; that is what argue that airport construction cluded in the legislation before us I am concerned about. I am not inter- projects will be delayed if we do not seeks to protect flight attendants by ested in protecting anybody’s turf ex- pass this bill soon. However, how can making it mandatory that the Trans- cept the families who fly every day the lives of Americans be compared to portation Security Administration across this country and the people who the value of construction projects? Air- issue minimum training standards for want to know they are going to get port projects are certainly important, flight attendant self-defense training there in a timely and safe fashion. but the lives of Americans are worth a within one year. With the scares we suddenly see com- slight delay in the passage of this bill. The current legislation states that ing out, and shoulder-fired missiles, Safety is one of the most important the Transportation Security Adminis- and here—oh, no; we don’t have to talk elements of this bill for me and for tration ‘‘may’’ issue minimum training about safety; let us talk about process. Wisconsin residents. I have been con- standards for flight attendant self-de- The PRESIDING OFFICER. The Sen- tacted by a number of constituents fense training. This is simply not ator’s time has expired. from my home State of Wisconsin who enough to protect the flight attendants Mr. LOTT. Mr. President, I yield stated their opposition to the con- or the flying public. whatever time remains to Senator tracting out of air traffic controller po- For the above reasons I regret that I MCCAIN who will wrap up. Any time he sitions. I share their concerns and I am cannot vote for cloture. doesn’t use I would like to retain. not prepared to vote for cloture on a Mr. LOTT. Mr. President, I reserve The PRESIDING OFFICER. The Sen- bill that does not contain adequate the remainder of my time. ator from Arizona. safeguards to ensure passenger safety. Mr. LAUTENBERG. How much time Mr. MCCAIN. Mr. President, I thank The contracting out of air traffic is left on our side, Mr. President? my colleague. I will be brief. controller positions would be a major The PRESIDING OFFICER. Two The letter says: mistake with potentially life-threat- minutes 32 seconds. Let me be absolutely clear. The adminis- ening consequences. In recent years, Mr. LAUTENBERG. On the majority tration has no plans to privatize the Nation’s other countries have attempted to pri- side? air traffic control system. vatize their air traffic control systems The PRESIDING OFFICER. Five I would resist and join in efforts to only to encounter major problems, minutes on the majority side. prevent that. with increases in ‘‘near-misses’’ of air- Mr. LAUTENBERG. Mr. President, I It is very interesting: Baggage planes or actual airplane crashes. Fur- have listened, and if I were not experi- screeners? Could the Senator from New thermore, in attempting to privatize enced I would be shocked at what is Jersey be talking about TSA talking their air traffic control systems, other being said. Get over Alaska. What do about baggage screeners? That is an in- countries have experienced increased you care about Alaska? I care about teresting depiction. They are required delays and higher costs and fees for my family. I even care about the other to be make sure there is security in our passengers. With our economy in its guy’s family. airports, I inform my colleague. current condition, higher costs and fees Why was FAA started in the first We are talking about hundreds of are the last thing that consumers want place? thousands of jobs here. We are talking or deserve. June 30, 1956: TWA Flight 2 collided about safety. We are talking about im- In Canada, where air traffic control with United Flight 17 killing 128 peo- proved security. We know what needs privatization was established in 1998, ple. The record shows that one prob- to be done to improve security at our the Canadian Transportation Safety able cause of the accident was insuffi- airports. That is in this bill. These Board found that under-staffing at ciency of the en route traffic control come from the recommendations of the some towers has been a major concern advisory. TSA and the Department of Homeland and may have contributed to near mid- They can trivialize it on the other Security. They are vital. air collisions. According to the London side all they want—smile and smirk. If the Senator from New Jersey is in- Daily Telegraph in Great Britain, But the fact is that Don Young was the terested in safety, then he will support flight delays caused by air traffic con- smartest of them all. And why didn’t the passage of this bill because it en- trol increased by 20 percent since the we hear from the Republican side when hances in a broad variety of ways the system there was outsourced. More im- the vote was taking place in June? We safety of the airports in America. It is portantly, the UK Airport Board found had 11 Republicans vote with us. I did vital we implement these safety proce- that ‘‘near miss’’ plane crash incidents not hear the cry that: We are not going dures. had risen to their highest levels in a to be able to fund this. We are going to If they were not interested, Vice decade. We cannot and must not take be able to fund it. President Gore’s National Performance that risk here in the United States. Senator ROCKEFELLER and I proposed Review in 1994, recommendation No. 9 Those supporting this bill as it pres- a compromise in S. 1618, which was an for Department of Transportation, rec- ently stands argue that the legislation FAA temporary extension act. Let us ommended converting 99 FAA staff needs to be passed immediately and get it all out there. But no, the other control towers to contract operations. should not be held up because of the side persists in getting this thing I wonder if the Vice President had that privatization debate. The safety of through by one hook or another. in mind at the time this process began. Americans is no minor issue. The bill The fact is that by any sense of one’s The important point is we tried very as it currently stands puts many Amer- decency, don’t throw FAA into the hard to come to some agreement. I

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14951 don’t think this has been a good proc- week, dated November 13, regarding BACK), the Senator from Kentucky (Mr. ess, but we made offer after offer. We contracting out functions performed by BUNNING), the Senator from South have pressured the administration to the Federal Aviation Administration Carolina (Mr. GRAHAM), the Senator come up with other offers. But the re- employees. from New Hampshire (Mr. GREGG), and ality we were faced with was the threat It is unfortunate that the recent debate on the Senator from New Hampshire (Mr. of a Presidential veto. So we tried to FAA’s pending reauthorization bill, Vision SUNUNU) are necessarily absent. reach accommodation. Obviously, that 100—the Century of Aviation Reauthoriza- I further announce that if present has not been enough. tion Act has led to some confusing maintain- and voting the Senator from Kentucky But I assure my colleagues that if we ing the status quo of FAA’s Contract Tower (Mr. BUNNING) would vote ‘‘yes.’’ don’t pass this legislation, we will be Program with privatizing our nation’s air Mr. REID. I announce that the Sen- traffic control system. Let me be absolutely back to the status quo, and the status clear: The Administration has no plans to ator from New Jersey (Mr. CORZINE), quo—because we are not going to let privatize the nation’s air traffic control sys- the Senator from Connecticut (Mr. this authorization die—will be contin- tem. DODD), the Senator from North Caro- ued privatization of towers in America, I welcome and respect the Committee’s lina (Mr. EDWARDS), the Senator from a program which has been a successful duty to perform oversight of the FAA. I look Florida (Mr. GRAHAM), the Senator experiment. forward to participating in the hearings you from Massachusetts (Mr. KERRY), and I thank Senator ROCKEFELLER for his describe, as there are many misconceptions the Senator from Connecticut (Mr. LIE- as to the FAA’s plans with respect to com- hard work on this issue. I appreciate it. BERMAN) are necessarily absent. petitive sourcing that I would like to cor- Especially, I thank Senator LOTT for rect. In the meantime, if the legislation is I further announce that, if present the many hours he put in trying to get enacted in its current form, you have my and voting, the Senator from Massa- this very important legislation passed. commitment that during the current fiscal chusetts (Mr. KERRY) would vote The PRESIDING OFFICER. The Sen- year the FAA will not contract out any air ‘‘nay.’’ ator from Mississippi has 2 minutes. traffic separation and control function cur- The PRESIDING OFFICER (Mr. Mr. LOTT. I ask unanimous consent rently performed by the FAA. Further, dur- ALLARD). Are there any other Senators that the letter to which Senator ing that period, the FAA will not convert in the Chamber desiring to vote? any Visual Flight Rule (VFR) tower to a MCCAIN referred a moment ago from The yeas and nays resulted—yeas 45, contract tower. administrator Marion C. Blakely be nays 43, as follows: What more can you ask? This is a let- printed in the RECORD. [Rollcall Vote No. 453 Leg.] ter from the Administrator, responding There being no objection, the mate- YEAS—45 rial was ordered to be printed in the to our letter assuring us of those things we have been asking. They are Alexander Dole Miller RECORD, as follows: Allard Domenici Murkowski U.S. DEPARTMENT OF TRANSPOR- not going to contract the air traffic Allen Ensign Nelson (NE) TATION, FEDERAL AVIATION AD- control system, and they are not going Baucus Enzi Nickles MINISTRATION, to convert the visual flight rule tower Burns Fitzgerald Roberts Washington, DC, November 17, 2003. Campbell Grassley Santorum to a contract tower. Chafee Hagel Sessions Hon. JOHN MCCAIN, I urge my colleagues, for the safety Chambliss Hatch Shelby Chairman, Committee on Commerce, Science and of the American people, for the impor- Cochran Hutchison Smith Transportation, Russell Senate Office tance of jobs in the economy, to vote Coleman Inhofe Snowe Building, Washington, DC. Collins Kyl Stevens DEAR MR. CHAIRMAN: I have received your for cloture. Let’s pass this legislation Cornyn Lott Talent November 13, 2003, letter regarding the issue and move it to the President for his Craig Lugar Thomas of contracting our functions performed by signature. Crapo McCain Voinovich Federal Aviation Administration (FAA) em- Have the yeas and nays been ordered? DeWine McConnell Warner ployees. It is unfortunate that the recent de- The PRESIDING OFFICER. The yeas NAYS—43 bate on FAA’s pending reauthorization bill, and nays are mandatory under the rule. Akaka Durbin Lincoln Vision 100—The Century of Aviation Reau- Mr. LOTT. I yield the floor. Bayh Feingold Mikulski thorization Act has led some to confuse Biden Feinstein Murray CLOTURE MOTION maintaining the status quo of the FAA’s Bingaman Frist Nelson (FL) Contract Tower Program with privatizing The PRESIDING OFFICER. Under Bond Harkin Pryor our nation’s air traffic control system. Let the previous order, the clerk will re- Boxer Hollings Reed me be absolutely clear: the Administration port the motion to invoke cloture. Breaux Inouye Reid Byrd Jeffords Rockefeller has no plans to privatize the nation’s air The legislative clerk read as follows: Cantwell Johnson Sarbanes traffic control system. Carper Kennedy CLOTURE MOTION Schumer I welcome and respect the Committee’s Clinton Kohl Specter duty to perform oversight of the FAA. I look We the undersigned Senators, in accord- Conrad Landrieu forward to participating in the hearings you ance with the provisions of Rule XXII of the Daschle Lautenberg Stabenow Wyden described, as there are many misconceptions Standing Rules of the Senate, do hereby Dayton Leahy as to the FAA’s plans with respect to com- move to bring to a close debate on the con- Dorgan Levin petitive sourcing that I would like to cor- ference report to accompany H.R. 2115, the NOT VOTING—12 rect. In the meantime, if the legislation is Flight 100–Century of Aviation Reauthoriza- tion Act. Bennett Dodd Gregg enacted in its current form, you have my Brownback Edwards Kerry commitment that during the current fiscal Bill Frist, John McCain, Conrad Burns, Bunning Graham (FL) Lieberman year the FAA will not contract out any air Ben Nighthorse Campbell, Wayne Corzine Graham (SC) Sununu Allard, Jeff Sessions, Mike Crapo, traffic separation and control function cur- The PRESIDING OFFICER. On this rently performed by the FAA. Further, dur- Larry E. Craig, Kay Bailey Hutchison, ing that period, the FAA will not convert John E. Sununu, George Allen, Saxby vote, the yeas are 45, the nays are 43. any Visual Flight Rule (VFR) tower to a Chambliss, Rick Santorum, Norm Cole- Three-fifths of the Senators duly cho- contract tower. man, Craig Thomas, Pat Roberts, Trent sen and sworn not having voted in the I look forward to working with the Com- Lott. affirmative, the motion is rejected. mittee on the important challenges facing Mr. CORNYN. By unanimous consent, The majority leader is recognized. the Federal Aviation Administration. The the mandatory quorum call has been Mr. FRIST. Mr. President, I enter a Conference Report contains many provisions waived. motion to reconsider the vote by which which will provide us with important tools The question is, Is it the sense of the cloture failed. to enhance aviation safety, security, and ca- pacity. I hope that my assurances to the Senate that debate on the conference The PRESIDING OFFICER. That mo- Committee will allow us to move forward on report to accompany H.R. 2115 shall be tion is entered. this important piece of legislation. brought to a close? The yeas and nays Mr. FRIST. Mr. President, for the in- Sincerely, are mandatory under the rule. formation of colleagues, we will have MARION C. BLAKEY, The clerk will call the roll. no more rollcall votes tonight. For my Administrator. The bill clerk called the roll. colleagues’ planning purposes, we will Mr. LOTT. Let me read from part of Mr. MCCONNELL. I announce that come in tomorrow morning at 9:30 and that letter. She acknowledges the let- the Senator from Utah (Mr. BENNETT), have two cloture votes beginning at ter the bipartisan group sent her last the Senator from Kansas (Mr. BROWN- 10:30 tomorrow morning. Tonight, we

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14952 CONGRESSIONAL RECORD — SENATE November 17, 2003 will continue with the debate for which this body that at least once a month the annual deficits and eventually cre- we will get unanimous consent in a mo- we will pick a topic and engage in de- ated the actual largest projected Fed- ment. I encourage our colleagues to bates the way it was intended to be. We eral budget surpluses in history. Every participate and to stay for this debate hope both our colleagues and the Republican in the Congress voted for which we will propound a unani- American people will be edified by this against that budget in 1993, with dire mous consent request at this juncture. process, not to mention the other Sen- warnings about its effect. Again, we will have no more rollcall ators in the body. We invested in people and family. We votes tonight. We will have two cloture The PRESIDING OFFICER. The Sen- balanced the budget and we set the votes at 10:30 tomorrow morning. ator has used 1 minute. The Senator conditions for the most successful eco- f from North Dakota. nomic recovery and expansion ever in Mr. DORGAN. Mr. President, before the history of the United States. Our MORNING BUSINESS we begin, let me say to my colleague friends on the other side cannot match The PRESIDING OFFICER. The Sen- from Arizona that I think this is a our record on jobs, and I point to this ator from Arizona. good idea. We will engage now for the chart I have. If we look at the average Mr. KYL. Mr. President, I ask unani- second time today in a debate about a monthly change in jobs, Democratic mous consent that there now be a pe- specific topic. We will do it for 1 hour versus Republican Presidents, jobs riod for morning business for up to 65 talking about something that is very gained or lost per month, going clear minutes, with the time divided as fol- important to the country. In this cir- back to Lyndon Johnson, we can see lows: cumstance, it is going to be jobs and that under Johnson, Carter, and Clin- Senators DORGAN and KYL be recog- economic policies that create jobs. ton, we had tremendous job growth. nized first in this order for up to 1 This Senate is considered the great- Under Nixon, Reagan, Ford, and Bush minute each; the next 20 minutes be di- est deliberative body in the world and, 1, we had job growth but not as much vided with the Democratic side in con- from time to time, people might tune as under Democrats. trol of the first 5 minutes, to be fol- in and wonder whether that description If we look to the far right, we will see lowed by 5 minutes under the control best suits the Senate these days. I some devastating things that have hap- of the Republican side, to be followed think it does, however. pened since this President took office, by an additional 5 minutes for the Re- There are some extraordinary men not a job growth but an actual job loss, publican side, with the final 5 minutes and women who serve in this body, my point being that under Democrats under Democratic control. very capable of debating the issues. So we build better jobs and more jobs. In 3 years, this administration has I further ask unanimous consent that Senator KYL and myself, as chairmen lost 3 million private sector jobs and the next period of time be divided, as of the respective policy committees, their budget and tax policies have con- follows: have decided to establish this 1-hour tributed to the largest and actual Each side be permitted to ask up to debate on important issues. I am going budget deficits in the history of the four questions for up to 1 minute each to participate in the debate on our side in an alternating fashion, to be fol- country. at this time, and I believe Senator KYL The last quarter showed some im- lowed by a response of up to 2 minutes will participate in a future debate. to be controlled by the other side of provement in our economy, and that is The PRESIDING OFFICER. The Sen- good, but it is not nearly enough. This the aisle; to be followed by an addi- ator has spoken for 1 minute. tional minute by the first side, with administration will be the first since Mr. DORGAN. Mr. President, I look Herbert Hoover’s to preside over a net the Republicans to ask the first ques- forward to this debate. loss of jobs over a 4-year period. We tion. The PRESIDING OFFICER. The I further ask unanimous consent that need to be creating about 150,000 jobs a Democrats now have 5 minutes. The month just to stay even. We are not the next 8 minutes be allotted in 2- Senator from Iowa is recognized. doing that today. We are not even minute segments alternating with the f treading water in terms of job creation. Democrats first and the Republicans JOBS AND THE ECONOMY If my colleagues think the economy concluding; further, that Senator DOR- is tough now, look at the economic fu- GAN then be recognized to speak for up Mr. HARKIN. Mr. President, again I ture the Republicans are creating. This to 1 minute, to be followed by Senator join Senator DORGAN and my col- administration turned a projected 10- KYL for the final minute; that upon the leagues on the other side in saying how year, $5.7 trillion surplus into a $4 tril- yielding of the floor, any debate time pleased we are to be here this evening lion deficit over the coming 10 years. remaining during that period of con- to continue this process of having le- That debt imperils Social Security and trolled time be yielded back. gitimate debates on the Senate floor Medicare, which might not bother The PRESIDING OFFICER. Without regarding topics of importance to the some of my friends on that side who objection, it is so ordered. American people. would like to privatize Social Security Mr. KYL. Mr. President, let me an- Tonight we will be talking about jobs or Medicare or end it as we know it. nounce to my colleagues that this is and the economy. In my 5-minute open- That debt hurts our economy, it crowds the second in a series of scheduled de- ing statement, I am prepared to show our private sector investments we need bates between the Republican and that Democratic economic policies are for economic growth. It makes it dif- Democratic sides of the Senate on sub- superior to Republican economic poli- ficult for us to make the investments jects of importance to the American cies as it benefits the American public. in education, health, schools, roads, people to be conducted in actual debate How are Democratic policies better? and our infrastructure. format. Rather than the usual situa- Simply because we create more and For the long term, the Federal Gov- tion where we speak to an empty better jobs. ernment will have to borrow $400 bil- Chamber or talk across each other, we We create a better standard of living lion a year, squeezing out private sec- have actually set up a debate in which and quality of life for the majority of tor investment we need for a growing two Republicans and two Democrats Americans who are working. We do this economy. The law of supply and de- will tackle a subject of interest today through worker and consumer protec- mand which cannot be repealed means and respond to each other and engage tions, equal opportunity for women and that borrowing will make investment in debate the way it was originally in- minorities with basic measures such as dollars scarce and interest rates high- tended by our Founders and by the peo- the Family and Medical Leave Act, all er. Higher interest rates in the future ple who set up the rules of the Senate. historic steps led by Democrats, with will limit growth and limit jobs. All of the speakers will go through Republicans either trailing or opposing Now, instead of massive tax cuts that the Chair, but they will be addressing outright. benefit the wealthiest, the answer this subject in prepared remarks and Now, another example: The last should have been our approach: Fiscal then in rebuttal and response to each Democratic administration and our responsibility, tax cuts targeted to other. Senator DORGAN and I, who chair economic plan, embodied in the 1993 low- and middle-income working fami- our respective policy committees, hope budget, set us on a course of adding 6.4 lies, and good job-creating, direct in- we can thus establish a precedent in million jobs in just 2 years. We eroded vestments such as building roads and

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14953 schools, our economic infrastructure. high inflation. People put in Ronald want good jobs in this country. They That should be the path we should be Reagan to help revive this economy come with three things in my judg- on. and make us stronger as well as, of ment: Fiscal policy that is respon- The PRESIDING OFFICER. The Re- course, keep our peace through sible—no, not $500 billion deficits, publicans are recognized for 5 minutes. strength. which this administration is proposing Mr. ALLEN. Mr. President, I thank I find it interesting my good friend and running up but fiscal policy that is my colleagues for joining with us in from Iowa talks about, oh, the Repub- responsible, trade policies that are fair this debate on the most important licans somehow want to imperil Social to this country, to its businesses and issue we have facing us in the Senate Security and gets off on these tangents workers, and especially as a result of and in our country. That is: How can on privatization. Of course the Demo- good policies in both of those areas, we work to make sure we have the best crats care about Social Security be- confidence the American people would policies for more investment and more cause in 1993 they not only taxed all have in the future. job creation? families and all small businesses and In 1993, we put a new economic plan The reality is, right now things are every taxpayer, they even taxed Social in place by one vote in the House, one getting better. They need to get better, Security benefits. When given the op- vote in the Senate, and we didn’t get though, than they are currently. Nev- portunity most recently on a measure one vote for it on that side of the ertheless, the facts are clear. Job introduced by Senator BUNNING of the aisle—not one, not even by accident. growth is up by 126,000 in October. Commonwealth of Kentucky, virtually As a result: 22.7 million jobs. On your When my colleagues talk about the every Democrat voted against that ef- side of the aisle they predicted catas- last 20 years, last month we had an an- fort to repeal the tax on Social Secu- trophe—the economy is going to be in nual growth rate of 7.2 percent. That is rity benefits. terrible trouble. We had the strongest the best in 20 years. The fact is, we are making good growth of any President, 22.7 million The Republicans’ point of view, I progress. We need to keep moving for- jobs. would say to my colleagues, is that we ward. We have ideas, as Republicans, in Let me talk for just a moment about want to make sure every American, re- a variety of ways that we can make trade. We now have a trade ambassador gardless of their race, their gender, sure the American economy can com- trying to negotiate trade agreements their ethnicity, or their religious be- pete internationally, can help create in every part of the world. Let me talk liefs, has the opportunity to compete more jobs and greater opportunity. In- just a moment about Huffy bicycles. and succeed. That means our tax poli- deed, we want to make health care Mr. President, 850 people in Ohio lost cies have to be conducive to invest- costs more affordable and predictable, their jobs. They used to put American ment. Regulations need to be based on reduce the burden of lawsuits on our flags on the front of Huffy bicycles. sound science, not political science. economy, whether it is asbestos reform They replaced that with a globe be- We also need to make sure the people or class action reform, make sure we cause they now make them in China. of our country, in our States, have the have an affordable, reliable energy sup- Why? Because the folks in Ohio who capabilities and the knowledge to get ply, streamline regulations, open new make them—who got fired, by the the good jobs in the future. We also markets for American products, and way—were making too much money, need to have security. When we see also make sure there is confidence in $11 an hour. So Huffy bicycles are now people in communities worried about investment in this country by making made in China for 33 cents an hour and crime or worried about terrorism, sure the tax reductions are permanent. sold at Wal-Mart, Target, and Sears. those are adverse impacts, on con- I will close with the words of Mr. Jef- But they are not cheaper because they fidence and investment and therefore ferson who said that the Government pay 33 cents an hour; it is just that job creation. We have seen the adverse should restrain men from injuring one Americans lost their jobs. Our trade impacts of 9/11, particularly in the another but otherwise leave them free policy is bankrupt, and we have a trade travel and tourism industry. to regulate their own pursuits of indus- ambassador right now trying to do I know as Governor of the Common- try and improvement and shall not three more free trade agreements, wealth of Virginia what matters to take from the mouths of labor the more of the same. If you want good businesses when they are looking to in- bread they have earned. jobs in this country, then you have to vest. They look at what is the cost of That remains the sum of good gov- stand up for American interests. You doing business, what is the tax rate, ernment today. have to have a fiscal policy that adds what is the cost of workers compensa- The PRESIDING OFFICER. A Demo- up. This administration’s doesn’t. We tion. Ours are low in Virginia because crat is recognized. are running the biggest deficits in his- we keep lawyers out of workers com- Mr. DORGAN. Mr. President, I am tory. pensation. We get the money to the not someone who believes Democrats You have to have a trade policy that person who is injured so he or she can are all right and the Republicans are stands for this country’s interest, and get back to work. Unemployment in- all wrong. I believe both political par- this trade policy doesn’t. We have the surance taxes matter. The fact that we ties contribute to this process. highest trade deficits in history, and have a right to work law, which gives We do not have to debate theory we have jobs moving wholesale over- individuals the right, if they so desire, today about jobs. Let’s just debate seas, where you can hire 12-year-old not to join a union as a condition of what we know. Here is what we know. kids, work them 12 hours a day, and work, that helps attract business. In the 8 years under the Presidency of pay them 12 cents an hour, and that Health insurance matters as well. President Clinton, 237,000 jobs a month simply is not fair. In a variety of areas, we have found were created. Since President Bush As a result of trade and fiscal policies Virginia ended up with much more job took over, we have lost 70,000 jobs a that do not add up, the American peo- growth, more investment. It was called month. There were 22.7 million jobs ple do not have the confidence in the the Silicon Dominion because of the in- created during the 8 years of the Clin- future they ought to have. Confidence, vestment, because of having taxes com- ton administration; since President after all, is what relates to the expan- petitively low, prompt permitting, rea- Bush took office, 2.3 million jobs lost. sion side of the business cycle. When sonable regulations, and also invest- On June 7, 2002, the White House said: people are confident about the future, ment in security and also in the capa- The tax cut will help create 800,000 new they buy a home; they take a trip; they bilities of our students for high aca- jobs by the end of 2002. In fact, we lost buy a car; they do the things that ex- demic standards. 1.9 million jobs during that period. pand the economy. When they are not The Democrats talk about all of Finally, take a look at the red line, confident, they do exactly the opposite. these Presidents. Interesting. Richard and my colleagues will see where these We need to get to work and fix this Nixon was elected after President jobs have gone, and my colleagues will country’s fiscal policy, fix this coun- Johnson. If one wants to call Jimmy see the improvement about which my try’s trade policies, and not just go Carter their second best President, colleague just talked. They said, gosh, back right over the same old recipe with the malaise and the high interest things are turning around. Here is the about regulation and taxes and all rates, the high unemployment, and the improvement; right here. All of us those sorts of things. We know what

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14954 CONGRESSIONAL RECORD — SENATE November 17, 2003 creates jobs. We don’t have to describe ple was leveled at us. But like the resi- stantly standing up and bad mouthing theory here. We can talk about the dents of the Massachusetts countryside the economy. It seems they are living facts. in 1775, when Paul Revere rode by, we in that weird political world where The facts are we put in place a plan were awakened, and we are fighting a good news is bad news and bad news is in 1993 that created 22.7 million jobs be- difficult war to restore our safety and good news. I would like to remind these cause it said to the American people we our prosperity. Democrats of something a hero of are serious about fiscal responsibility. On Minnesota’s Lake Superior; huge theirs and mine one said in a similar It said to the American people we are ore boats ply the world’s largest body situation. ‘‘We have nothing to fear,’’ going to stop this sea of red ink, and of fresh water. It literally takes miles said FDR, ‘‘but fear itself.’’ Those who we did. It was a hard vote, but it was and hours to turn around one of their talk tough and breed fear and cynicism the right vote. I have always been massive boats. So it is with the Amer- to get notice in a political environ- proud of it. ican economy. The bigger the object, ment bear some responsibility for the Now we have a sea of red ink, the the longer it takes to turn. As we look fear they spread. largest budget surplus in this country’s at the American economy, we need to Tough times are not new to the history when President Bush took of- recognize a few critical facts. American people. Each generation has fice has been turned to the largest First, the economic difficulty we are its own new challenges. Ours is that we budget deficit in our history, and that in began in 2000, the year before Presi- are asked to deal with overlapping is not going to breed confidence for the dent Bush took office. In March 2000, threats to our national security and American people about the future. We the NASDAQ lost 44 percent of its our economic security. need to put this country’s economic value. In the year before the President But almost all of the key economic house in order, and we need to do it took office, economic growth in this indicators; job growth, business invest- soon. country fell from 3.9 percent to .9 per- ment, consumer spending, have shown Fiscal policy and trade policy that cent. that we are making progress on both represents the long-term interests of Second, we have not repealed the fronts. We need to listen to the voices the American people will represent ex- laws of economics. The aftermath of a of hope and optimism at such times, or pansion and jobs and opportunity once long expansion and a speculative eco- we can become our own enemy. again for our country. nomic bubble is recession, a slow re- Today we face unparalleled chal- The PRESIDING OFFICER. Who covery and large Government deficits. lenges to our security—and concerns seeks recognition on the Republican Even it its peak, our unemployment about our economy. side? The Senator from Minnesota is rate is substantially below that of pre- We will only get through them if we recognized. vious recessions. In 1983 unemployment say yes to the things Republicans are Mr. COLEMAN. Mr. President, before was over 10 percent and in 1992 it was working on now, such as tax cuts, con- I arrived here, I read many times about almost 8 percent. And the difference tinuing our jobs agenda by passing an the Senate as the ‘‘world’s greatest de- between 6 percent and 8 percent or 10 energy bill; stemming the costly litiga- liberative body.’’ Over my first 10 percent represents millions of families tion mentality, keeping the lid on months, I would say that I have not ex- back at work. spending, and say no to those who perienced as much deliberating as I’d And third, the economy is now mov- would snatch defeat from the jaw of hoped. And I am glad my colleague, ing forward. The American economy victory. Senator ALLEN and I are doing this has been bent, but it did not break. I yield the floor. today—and that we are doing it delib- Historic growth in the GDP—a The PRESIDING OFFICER. The Re- erately. growth rate of 7.2 percent—is nothing publicans have 1 minute to ask a ques- The subjects of jobs and the economy to scoff at. Yet, my Democratic col- tion. are very personal and important to leagues seem to be able to find gloom Mr. COLEMAN. Mr. President, con- every American family. With the lone and doom even during the brightest trary to specific evidence that shows exception of maintaining national se- days. the economy is growing, Alan Green- curity at home and abroad, we have no We’ve added 225,000 new jobs in the span’s positive comment about the 2001 greater responsibility as a government. last 2 months. A jobless recovery? I tax cut, and most observers crediting I note to my colleague from North Da- think not. Job growth is still a chal- the 2003 tax cut for creating the recent kota that, by the way, consumer spend- lenge, but a we have always seen, em- 7.2 percent GDP figure, some of the ing is up 6.6 percent in the last quarter. ployment gains are the lagging feature leading Democratic candidates for Confidence is up. It must tell you of recovery. President, Dean and GEPHARDT, have something about the way the American I have not been the White House as said we should repeal all the tax cuts, people are thinking. often as some of my colleagues. But as in effect raising taxes just as our econ- I want to begin by making a general far as I know there is not a brake pedal omy is beginning to grow. Senator observation. It seems to me that as a or a throttle for the economy under the EDWARDS has said that Governor Dean country we are awakening to a set of president’s desk. misses the point. On that, I quote: stark realities after what I’d call a dec- But the President has done good Unfortunately, instead of addressing the ade of unrealism in the 1990s. work with the tools at his disposal. problem, he makes it worse by raising taxes In the 1990s we came to believe that Federal Reserve Chairman Alan Green- on the middle class and families that work. somehow we had conquered the busi- span has lauded the 2001 tax cut, which Senator LIEBERMAN has said repeal- ness cycle—that we had ended the age the Treasury Department has reported ing all the Bush tax cuts, as Dean and old rise and inevitable fall of economic saved some 1.5 million jobs. The most GEPHARDT have proposed, would hurt activity. recent tax cuts for both mom’s and the middle class. I wonder if my col- In the 1990s we came to believe that dad’s and small businesses have been leagues will join me by rejecting the we are safe behind our borders from the key to the 7.2 percent growth in GDP proposals by Dean and GEPHARDT to violence and chaos that is a daily re- in the last quarter. roll back the entire tax cut, which ality of many in the world because of More than a generation ago there would raise the lowest tax bracket the scourge of terrorism. was Nobel Prize winning economic re- back up to 15 percent from 10 percent, We have had a rude awakening. The search done at the University of Min- reduce the child tax credit from $1,000 speculative bubble of dot com indus- nesota. It seems obvious to us now, but to $500, and force 4 million working tries burst. Revenues generated by our the point of that research was that raw poor people to pay taxes. highly progressive tax system fell rap- numbers and events are not the only The PRESIDING OFFICER. There idly at the national and State level. We thing that moves the economy. An are now 2 minutes to respond from the were attacked, at the very symbol of equal or greater affect is the way peo- Democrat side. our commercial strength. How can you ple perceive what is happening. Mr. DORGAN. Mr. President, it is an talk about job loss without once men- At this point, I am forced to point interesting question posed by my col- tioning 9/11? Every conceivable threat out there is a drag on the economy league from Minnesota, and prior to to the confidence of the American peo- from nine candidates for President con- him posing the question, he talked

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14955 about more tax cuts and a lid on spend- Americans, including many policemen, their spouses. They will be told to stay ing. Frankly, he is proposing and his firefighters, and nurses. One big reason another 2 or 4 hours. Right now, some- party is proposing more defense spend- overtime pay was created in 1938 was to times in America almost 25 percent of ing, more homeland security spending, create jobs by Franklin Roosevelt to a family’s income comes from overtime more spending in virtually every cat- give employers the incentive to hire pay. That is taking away family in- egory, and then tax cuts in addition, new workers rather than paying time come. It is taking away time from ones which leaves us with very large defi- and a half to current workers. By kill- family. And, it is reducing the need to cits. ing overtime for millions of workers, hire additional workers. That is why But he asked specifically about tax the administration will also kill the in- we oppose the administration’s regula- cuts, so let me describe the difference centive to create new jobs and hire new tion to take away overtime pay protec- in tax cuts relative to our party and workers. tion. their party. We believe in tax cuts and At a time when we are struggling to The PRESIDING OFFICER. The Sen- support tax cuts for working families. create new jobs, why in the world do so ator’s time has expired. The Repub- In fact, we had a very significant tax many Republicans want to give em- licans have 1 minute to pose a ques- cut plan that would have said to work- ployers a new disincentive to begin hir- tion. ing families in this country who bear a ing again by taking away what we have Mr. ALLEN. Mr. President, I would pretty significant tax, payroll tax and had since 1938—overtime pay protec- like to pose a question to Mr. HARKIN, income tax, that we are going to give tion for almost 8 million American the Senator from Iowa. This question you a pretty good size tax cut. But the workers? Why would we want to take gets into the issue we are talking majority party said that is not what we that away and give employers more of about, which is jobs. want to do. an incentive to continue to hire peo- Taxes cuts help create more jobs for But the majority party said: That is ple—or to work people longer in the small businesses, especially the most not what we want to do. We want to day or the week without paying them recent tax cuts for accelerated depre- say to the person who is making $1 mil- any more money? ciation. Regulations from the Federal lion a year, you really need the relief. The PRESIDING OFFICER. The Re- Government also can reduce choice and We are going to give you a $93,000 tax publicans are recognized for 2 minutes cost jobs. For example, we believe free cut because we believe the economy to respond. people and families ought to be able to works better when you put something Mr. COLEMAN. Mr. President, first, keep working. The proposal would in at the top and somehow it trickles we can have a great debate about over- harm those choices and jobs. down. We happen to believe the per- time. I can tell you from talking to For example, the proposal which has colate-up approach is what makes this folks in Minnesota—I get calls from strong Democrat support would in- economic engine of ours work. And we the building trades and others—that crease the cost of purchasing pickup believe if you give working people the issue doesn’t affect them. trucks, SUVs, and minivans. America something to work with, tax cuts tar- The fact is what we are looking to do is dominant in the manufacturing of geted to working people, we will have is make business more efficient. That minivans, SUVs, and pickup trucks. an economy that regains its footing, is what it is about. We do not want to Many people are choosing to buy them provides economic growth, oppor- hurt workers. I think it is about time for the safety of their families. tunity, and hope once again. That is we addressed the root causes. What is I ask the Senator from Iowa: How the way to engineer economic growth it that helps business expand or not? I many SUV jobs would have been lost and new jobs and expansion of oppor- think that is what my colleagues on had your side prevailed? tunity in this country. the other side of the aisle at times just Mr. HARKIN. Mr. President, I am The PRESIDING OFFICER. There is do not seem to get. trying to understand the question 1 minute for rebuttal on the Repub- You talk to business people, and posed by my friend from Virginia. lican side. what do they tell you? Cut taxes, cut Mr. ALLEN. How many jobs would Mr. COLEMAN. Mr. President, the regulation, give them the opportunity. have been lost had your position pre- comments of my colleague from North That is what is in the tax cut. Increas- vailed? Dakota indicate that they do reject the ing depreciation, increasing expensing Mr. HARKIN. On SUVs and pickup Dean-Gephardt proposal that will roll for small business, if we do those trucks? back all the tax cuts. things, they will grow jobs. Mr. ALLEN. I am talking about the Two observations: No. 1, spending. There are a whole range of issues on CAFE standards. Goodness gracious, the Republican which I hope we can find common Mr. HARKIN. I see. Conference has rejected $1.3 trillion in ground when it comes to protecting First of all, as my friend from Vir- additional spending proposals from my workers. I will work with you, but in ginia knows, I represent a rural State, colleagues across the aisle since the be- the end, you have to have workers, and as does my colleague from North Da- ginning of January. That is like the you can’t have workers unless you do kota. We have a particular use for kid who kills his parents and throws those things that allow small business SUVs as pickup trucks and heavy vehi- himself on the mercy of the court and to grow. If you roll back tax cuts and cles in the country. says: I need mercy. I am an orphan. roll back expanding accelerated depre- I happen to have a house out in the You are talking about spending and, ciation, if you roll back the increased Senator’s State, in Fairfax County. I in addition, talking about tax cuts. We expensing, if you continue to short drive back and forth to work 12 miles always hear: Tax cuts for the rich, tax business and increase regulation, in the every day. There is traffic congestion. I cuts for the rich. Seventy-nine percent end there will be no jobs for folks to can’t believe how many SUVs, pickup of the tax cuts at the top bracket are work overtime. That is what it is all trucks, and big trucks I see. I do not small business people. They are folks about. believe that we need to give high in- in Minnesota I deal with all of the time Let us address the root causes of come doctors a special $100,000 tax de- who come to me and say: This makes a things that grow jobs. That is what duction if they buy an oversized SUV difference; this is important to us. Sev- this Republican agenda is doing. That weighing more than what is the tax enty-nine percent. We have to get away is what the President’s tax cuts are definition of a car so they can drive from the class warfare and recognize doing. Let us keep moving in that di- around the suburbs. For legitimate that we are growing jobs by helping rection. business reasons, a farmer or a rancher small business. The PRESIDING OFFICER. The might need them out in the country- The PRESIDING OFFICER. The Sen- Democrats have 1 minute for rebuttal. side for that kind of work, you bet. ator’s time has expired. Mr. HARKIN. Mr. President, I had They need that, but not the people who The Democrats are recognized for 1 some calls like that, too, from labor live in this city. minute to ask a question. groups and building trades on the over- We are hemorrhaging debt and don’t Mr. HARKIN. Mr. President, the time issue. I thought, well, it doesn’t need to create that tax break. Bush administration wants to elimi- affect you. With a union contract they CAFE standards: I have to say to my nate overtime pay for some 8 million get their overtime pay. But check with friend from Virginia, you can’t have

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14956 CONGRESSIONAL RECORD — SENATE November 17, 2003 long-term sustained economic growth a benefit in the Tax Code. Where I pay tax on your income until you repa- in this country if you are destroying come from, that does not add up and it triate. And when you do, by the way, the environment or if we continue to makes no sense. Are you prepared to we will charge you 5 percent. We will sharply increase our oil supply. That join with us and vote to end all of charge you a third or fourth the tax makes us far more dependent on Mid- those subsidies now? rate a receptionist is paid, the lowest east oil. There has to be a balance. We The PRESIDING OFFICER. The Sen- in the office. do have to have balance. But what I see ator from Virginia. Is that fair? The answer is no. Once from the other side is just to heck with Mr. ALLEN. I am not sure what the again, it is another incentive to say to any regulations, throw caution to the Senator from North Dakota is actually people, if you move your jobs overseas, wind, pollute as much as you want and talking about. What we are talking go find lower labor rates somewhere not to worry about the huge oil bills about and what we are trying to do is else, call yourself an American firm we are paying to the Mideast. make sure the United States of Amer- but hire foreign labor, we will give you Our taxpayers today—the Senator’s ica is a place that is conducive to do a benefit. That ought to be shut out of taxpayers and mine—are coughing up business. It is a shame and it is aggra- the Tax Code. Your party is opening it billions of dollars every year to clean vating to all of us when a company up. up the toxic waste sites that big cor- goes overseas. It takes jobs away. One The PRESIDING OFFICER. The time porations left and walked away from, of the reasons they will move away is has expired. One minute for the next and now our taxpayers have to pay to the cost of doing business. We are in question from the majority. clean it up. That is why it is important competition with other countries. It is Mr. COLEMAN. Mr. President, Demo- to have regulations to make sure that our view what we ought to be doing is crats express concern of a loss of manu- companies don’t pollute and that they target assistance to businesses to in- facturing jobs and our country’s ability do things in the best environmentally vest in this country. That is why we to compete in the world; again, a con- sound manner. tripled the amount that could be ex- cern I share. But then Democrats turn The PRESIDING OFFICER. One pensed for small businesses, allowed around and oppose each and every pol- minute is remaining for the Repub- also that if people buy new equipment, icy objective the National Association licans. new technology, to be more productive of Manufacturers says it needs to stay Mr. ALLEN. Mr. President, I don’t and more competitive, they could write competitive. think SUVs, minivans, and pickup it off more quickly. That is what this is about. How do we trucks cause toxic waste sites. I will These initiatives, the depreciation, stay competitive—including medical agree with one thing, and I think most the writeoffs, have actually had a bene- malpractice reform, to rein in runaway people in America will agree: The com- ficial impact on our economy, not only health care costs killing our small ments of the Senator about all of these those businesses that are investing in businesses, asbestos reform, class ac- SUVs, minivans, and pickup trucks this country, most of which are small tion reform, and a myriad of other re- driving around in northern Virginia are businesses that create about 75 percent forms. driving to nowhere; most people in of the jobs, but those that fabricate or In addition, there is talk of perhaps America would probably consider DC manufacture whatever equipment or Democratic obstruction to an Energy nowhere. manufacturing efforts they have, who- bill that will create 500,000 to 700,000 Cost in lives: 4,500 deaths would ever is assembling it, whoever is trans- new jobs. Are the Democrats prepared occur each year if they had increased porting it, packaging it, or selling it. to come around on these issues and fi- these standards. Vehicle costs would That is all beneficial. nally support the thing our Nation’s have gone up $2,500 for cars and $2,750 Our point of view is we need to make manufacturers say they need to stay for SUVs and pickup trucks. The sure America has tax laws and the reg- alive? United Auto Workers said this proposal ulatory policies that allow America to The PRESIDING OFFICER. The Sen- would have cost hundreds of thousands compete so companies do not have any ator from North Dakota. of jobs. incentives or need to move overseas. I Mr. DORGAN. Mr. President, I have We have a Ford assembly plant in will later bring up a question which I not heard a description of my col- Virginia. And I would hate to see a 20- think will be very helpful for getting leagues riding Huffy bicycles or their percent loss there and have to go to those profits back into this country. desire to ride a Huffy bicycle in the fu- those 2,200 employees and say 1 out of Republicans will join with Democrats ture, but let me come back to that every 10 of you is going to lose a job be- saying we do not like to see companies point. You are talking about U.S. man- cause the nannies up in Washington go overseas, but we have positive, con- ufacturers and the conditions of com- want to take away your choice to drive structive solutions and ideas to keep petition. Do you think Huffy bicycles a vehicle that people would want for those jobs here, so companies do not decided to make bikes in China rather their families and for their safety. feel they have to go to another country than Ohio because of some bill we did The PRESIDING OFFICER. The Sen- with less regulations and lower taxes or did not pass in the Senate? I am ator from North Dakota is recognized for them to provide for themselves and sorry, they went China because they for the next question. their shareholders. could pay 33 cent an hour in China, Mr. DORGAN. Mr. President, the The PRESIDING OFFICER. One they could have people work 7 days a issue this evening is jobs. Let me ask a minute for the minority. week, 15 hours a day, and they could question of my colleagues about the in- Mr. DORGAN. One of the issues of not do that in this country. That re- sidious and perverse incentives in our competition is wages. Companies now duced the price and the cost of pro- Tax Code that subsidize companies leave this country because they can ducing that bicycle. which move their United States jobs find somewhere in the world where I ask, if you have bought a bicycle overseas. they can hire a 12-year-old and pay for your child lately, whether you saw I mentioned Huffy Bicycles, gone them 12 cents an hour. Some think a reduction in the price of Huffy bicy- from Ohio because they made $11 an that is global competition. That ig- cles just because they went from $11 an hour. That is too much. They can nores that which we fought for, for a hour to 33 cents an hour. I will answer produce bicycles where they pay 33 century, about safe workplaces, envi- for you. The answer is no. It was about cents an hour. I am saying your party ronmental standards, child labor laws, profits. has included, and is at the moment, and fair compensation. The question is, do you want to have coming from the Finance Committee, Let me also say there is a bill coming a race to the bottom? Is that what you including more incentives to move jobs from the Finance Committee that will want for the American businesses and overseas. I ask the question whether give us a chance to vote on the ques- the American workers? Do you want to you are prepared to vote with us to tion of whether we want to keep sub- have a race to the bottom on wages, on shut down the incentives in the Tax sidizing the movement of jobs overseas. health standards? Is that where we are? Code that tell people if you move your That bill will once again say to compa- I don’t think so. United States jobs overseas and shut nies, we will give you a break. Move We can compete anywhere in the your U.S. plant down, we will give you your jobs overseas, you do not have to world, but the competition has to be

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14957 fair. American companies and Amer- long run. It is going to hurt the Fed- House, and they are blaming the Demo- ican workers ought not to have to com- eral Government’s ability to cover the crats for this economic downturn and pete with 12 cents an hour or 33 cents Social Security and Medicare costs of for the fact that we have these huge an hour labor. That is not fair competi- baby boomers and the education of our budget deficits. They are the ones who tion. That is why I raised the issue of kids. are in charge. trade. The tax bill gave a $93,000 tax cut, on They are the ones that produced an 8 We have the trade ambassador busy average, to those earning more than $1 percent increase in domestic discre- running around the world right now million a year. The majority of Ameri- tionary spending last year, far more trying to do more trade agreements. cans, however, get less than $100. than the average increase in the Clin- The last one, incidentally, which both Also, right now, more and more for- ton years. And, that excludes Iraq and of you voted for, put in an immigration eign countries are owning our debt and Defense. provision that had nothing to do with more and more will be owning that I would respond to my friend from the trade agreement, so that we could debt over the next 10 years. Virginia, no, we do not believe in high- have an enormous number of people My question is, are these tax cuts for er taxes, but we do believe in fairer come through Singapore to take jobs in wealthy Americans worth the long- taxes—fairer taxes—for the American this country. We could not get it out. term damage they will cause our econ- people. They will displace American workers, omy? Right now, the corporate income tax coming into this country to take The PRESIDING OFFICER. The Sen- rate is the lowest it has been since the American jobs, and we had an amend- ator from Virginia. 1930s except for 1983—1.2 percent—yet ment we could not get out. Instead, Mr. ALLEN. I thank the Senator payroll taxes, paid by every hard-work- they pass an amendment that says you from Iowa for that great question. ing American, is at the highest level better watch it, but you cannot take What we care about is fiscal discipline ever. That is what has been happening; something out of a trade bill because of and we do care about fiscal deficits, but not that the people ought to pay more fast track. what we care most about, as Repub- taxes, we ought to have fairer taxes. This issue of competition—you want licans, is the job deficit. Why is it fair that in the 2003 tax bill to change the subject, let’s talk about As my wonderful colleague from Min- those making over a million dollars a what fair competition is for American nesota, Senator COLEMAN, said, this year are getting, on average, $93,000 businesses and American workers. country has been hit by something that while half the taxpayers got $100 or The PRESIDING OFFICER. The Sen- is unprecedented, other than maybe less. That is what we are opposed to. ator’s time is expired. Pearl Harbor, with the attacks on Sep- The PRESIDING OFFICER. There is One minute for rebuttal for the ma- tember 11. That had a devastating im- 1 minute for the majority to ask a jority. pact on the confidence and the capa- question. Mr. COLEMAN. I deeply appreciate bilities of our economy for a short The Senator from Virginia. my colleague’s concern for fair com- while, but we are coming back, even in Mr. ALLEN. Thank you, Mr. Presi- pensation. I note Senator DORGAN has the midst of a war on terrorism. dent. been one of the chief advocates for When our friends on the Democrat Mr. President, I would like to ask the trade with Cuba. I hope he would take side of the aisle talk about fiscal dis- Senator from North Dakota, Mr. DOR- that same philosophy about human cipline, what they are talking about is GAN, this question. It follows up on rights and workers rights in dealing continuing to tax the taxpayers. The some of his questions to me, and that with Cuba. bottom line is they think taxes ought has to do with what we call the Invest I would also reflect a little bit on the to be higher on married people, on fam- in the USA Act, which the Senate has comment about trade. NAFTA was ilies, on individuals, on small busi- passed, although there were dozens of signed by President Clinton and the nesses; even on people who die. Democrats who voted against it. Uruguay Round after being approved When you discuss fiscal discipline, as Current tax policies in this country by a Democrat House and Democrat shown on this chart, here is the reality. hinder and punish U.S. companies that Senate. I believe Senator HARKIN sup- As we were trying to cut taxes to help conduct business overseas. We would ported both of those votes. On NTR create more jobs and more investment like them to do well and get into other trade with China, I believe both Sen- in this country, Democrats proposed a markets, but if they want to bring that ators DORGAN and HARKIN supported variety of different amendments on the money back into this country, they are that. The reality is, we have a trade floor, as shown on this chart, is how taxed at 35 percent. ambassador going there right now to much it would have raised spending: Now, Senator DORGAN and Senator push for some controls, push for ex- Each year it would be about $87.9 bil- HARKIN oppose this investment in panded buying by China, cut down the lion; over 10 years, $1.3 trillion—$1.3 America. Can Senator DORGAN share deficit. But the bottom line is, How do trillion additionally spent. with us the positive economic impact if we make us competitive? Our view is, the best way to raise this were actually put into law? Going back to the National Associa- revenues for the Government, for key Mr. DORGAN. Mr. President, it is in- tion of Manufacturers, they say the priorities in research, in aeronautics, teresting that this behaves in exactly U.S. industry is burdened by legal and in education, for national defense and the opposite way as the Senator from regulatory systems that retard growth homeland security is to have a vibrant Virginia understands it. and destroy jobs. That is what we have economy where people are working and When you say to a company in this to deal with. We have to deal with the paying taxes, and businesses are pros- country, if you will simply invest over- underlying things that make it impos- pering and paying taxes, rather than seas, heck, move a plant overseas, fire sible for businesses to grow in this going bankrupt or having people unem- your workers in North Dakota and Vir- country. ployed. ginia and Ohio, and employ foreign The PRESIDING OFFICER. The Sen- Shown on this chart is the cost of workers, if you will just do that, we ator’s time has expired. One minute for Democratic proposals in the Senate. will give you a deal. You will never, the minority to ask a question. Fortuitously, we have a majority, and ever have to pay taxes on your earn- Members are reminded to direct their we are able to include responsible ings overseas. So get rid of that U.S. remarks through the Chair. spending so that the taxpayers will get plant. Move it overseas. Earn your Mr. HARKIN. Mr. President, in less more of their money and not have money there. And you simply do not than 3 years time President Bush has added burdensome debt for the future. have to pay taxes on it. That is called turned a projected surplus of $5.7 tril- The PRESIDING OFFICER (Mr. deferral. And the only time you will lion into a projected deficit of $4.2 tril- SUNUNU). There is 1 minute for the mi- ever have to pay taxes is if you repa- lion over the next 10 years. Now not nority to rebut. triate your income to this country. So even Congress is powerful enough to re- Mr. HARKIN. Mr. President, I am there is a built-in incentive to move verse the law of supply and demand. somewhat taken. I cannot believe it. your company overseas. This vast new debt will raise interest The Republicans are in charge of the I am surprised the Senator from Vir- rates and damage the economy in the White House, the Senate, and the ginia would ask a question about that

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14958 CONGRESSIONAL RECORD — SENATE November 17, 2003 because, in fact, the Finance Com- Democratic administration has pro- are up. Productivity is increasing sub- mittee is now saying: I have an even duced far more jobs than every Repub- stantially. Total investment is up. The better deal. We will keep deferral in lican administration. Does that mean unemployment rate is down. the law—which is the perverse incen- one is good and one is bad? No. It We are moving in the right direction tive—and we will allow you to repa- means different strategies produce dif- with this President’s and this Repub- triate that which you did earn, and we ferent results. lican Senate’s vision. Let’s keep mov- will charge you only a 5-percent in- Isn’t it the case that, over many ing in that direction. come tax. years, the strategy by which we invest The PRESIDING OFFICER. There is Any company that takes a look at in working people and invest in small 1 minute for the minority. that would say: Well, I can’t have a businesses, and giving them something Mr. DORGAN. Mr. President, we cer- better deal than this. They will contin- to work with, produces the robust eco- tainly agree. I hope very much that we ually support me to invest overseas. nomic opportunity and economic are moving in the right direction. We And there will now be precedent to growth across this land? It is true with want economic expansion and jobs. But allow me to repatriate the income and Clinton, Carter, Johnson, right on the fact is, Jimmy Carter has come up pay—I don’t know—a fourth of the tax down the line. And the evidence does several times here. I am not surprised of the lowest paid workers in this coun- not lie. it is Grover Cleveland. There are so try. What a deal, except that every As I said, might this be a coinci- many excuses. company will now understand that is dence? Mathematicians say the odds We are choking on Federal budget the way this Congress works, and so are highly unlikely against that being deficits. We are choking on a trade def- there is a big bonus for me to shut a coincidence. In the last 40 years, icit that is the highest in history. The down my U.S. plant and invest over- every Democratic administration has fact is, the American people lack con- seas. done better than every Republican ad- fidence in the future because we don’t You talk about perversity, look, I am ministration in creating jobs. have our fiscal house in order. We can interested in jobs. I am interested in The PRESIDING OFFICER. The Sen- blame others but we are dramatically companies to expand their job base. ator’s time has expired. increasing spending on defense, on The way to do that is to encourage The Senator from Minnesota. homeland security, and cutting taxes that expansion in this country, to hire Mr. COLEMAN. Thank you, Mr. substantially, and we have a fiscal pol- American workers, and pay them well, President. I love that chart. Let’s go icy that does not add up. and to give them good benefits, and back to Jimmy Carter: 18 percent infla- I want one that adds up, that creates then, through them, earn good profits. tion, 23 percent interest rates, long new jobs and new economic expansion That is what I want for this country. lines at the gas pump. You talk about and hope for the American people. But this country cannot any longer ig- turning a sow’s ear into a silk purse, Most families just want a good job that nore the perversity in the Tax Code. that chart does it. pays well, that gives them some secu- And one of them is exactly what the But let’s talk about reality and let’s rity. Most small businesses want a Senator from Virginia alleged, that get away from the abstract. I agree chance to expand in order to create subsidizes the flight of jobs overseas. with my colleague from North Dakota: new employment. That is all we want. The PRESIDING OFFICER. There is Let’s get away from what the econo- The question is rooted in this chart. 1 minute for the Republican side to mists say. I want to quote Joan Where has the performance been? We rebut. Thompson, executive vice president The Senator from Virginia. don’t have to debate theory. Just de- Mr. ALLEN. Mr. President, I would and CFO of Midwest Wire and Cable in bate the performance of those who be- say, thank goodness the views of the St. Paul, Minnesota, a small business. lieve if you invest in working families, Senator from North Dakota are the mi- She says: our economy does just fine. nority view. The reality is, most coun- Our company will be stronger, continue to The PRESIDING OFFICER. At this tries do not impose these 35 percent grow and provide more jobs with these type time, each Member will have 2 minutes taxes. The current tax law prohibits of incentives [we have seen in the tax cut]. for closing argument, beginning with a businesses or impinges on their ability She singled out the increase in small Member on the minority. to bring profits back into this country business expensing for new investment The Senator from Iowa. to help create jobs. and increase in first year bonus depre- Mr. HARKIN. Mr. President, this has A number of people, from Dr. Allen ciation as two keys in her company’s been a good debate. I wish we could go Sinai to Decision Economics to JP resurgence. for another hour. Morgan, have shown there would be Cirrus Manufacturing, one of the Just a couple points. First, on job 400,000 to 500,000 new U.S. jobs in this largest private employers in Duluth, growth, that I have heard my friends country, $100 billion in increased in- MN, an area up north that suffered a on the other side talk about here this vestment in this country in equipment lot of job loss right after the tax cut evening and the last month. The fact and research and development, and a was passed—they sell private air- is, manufacturing jobs are going down. reduction in corporate debt if this leg- planes—talked about how they got The service sector has increased. Man- islation were enacted. sales that all of a sudden happened, ufacturing jobs continue to lose. One in You can keep the laws the way they that had been on hold for ages, because seven manufacturing jobs were lost are without this provision, and what of the increase in depreciation. during the Bush administration. We you will see is more jobs going over- I am not going to talk about charts. are now at the lowest level of manufac- seas. But if you have this 1-year ben- I am going to talk about reality. turing jobs in our country since 1958, efit, you will find the benefit being in I have to hit one other thing about and it continues to go down. So when the hundreds of thousands of new jobs, reality; and that is, the reality is we they talk about job growth, they are with important investment here in were hit with September 11. We were talking about the lowest kinds of jobs America as opposed to overseas. hit with Enron and Worldcom. We were and the lowest paid kinds of jobs in the Mr. DORGAN. Mr. President, as I ask hit with the burst of the dot.coms. And service sector. a question, might I say, I don’t know we have come back. And why? That is Again, what we ought to be talking about all these doctors and analysts, the choice here today. Do we come about are jobs. Again, as my colleague but I know about Americans who lost back with providing the opportunity from North Dakota said, just look at their jobs because of this perverse in- for small business to invest and grow the facts, the three major budget bills centive; and that is what I want to jobs or do we continue to tax? Do we and job creation bills. In 1981, 1.4 mil- shut down. continue to regulate? Do we continue lion jobs were lost in 2 years after the But let me ask my colleagues a ques- to overspend and drive this economy Republican budget bill past. Under the tion about this record. Again, we do further down? Democratic budget bill passed in 1993, not have to debate theory tonight. We are moving forward. Business in- under our economic plan, 6.4 million Let’s just debate what has happened. vestment is up, consumer spending is jobs were created in 2 years. Of course, The odds against this being a coinci- up, GDP is up. Housing starts are up. we know what is happening under this dence are highly unlikely. Every Jobless claims are down. Payroll jobs President Bush: after his budget bill

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14959 passed in 2001, 2.1 million jobs were lost progress turning. I ask you to join us in the sand and saying: Be happy. Just in the next two years. It is the same in enacting class-action reform, med- call for more tax cuts. old thing—Republican trickle-down ec- ical malpractice reform, asbestos re- I am for tax cuts, but I am also for a onomics was tried in 1981 and 2001. Put form, all of which the National Asso- world-class educational system, pro- it in at the top, hope that it trickles ciation of Manufacturers says is abso- tecting our environment, and creating down. That is the fundamental dif- lutely critical to this country’s ability more jobs. ference between Democratic and Re- to maintain domestic manufacturing The PRESIDING OFFICER. The Sen- publican economic policies. jobs. Help put an end to the perception ator from Virginia. We have long believed—and the proof that Democrats care about manufac- Mr. ALLEN. Mr. President, I thank is what we did in the 1990s—that if you turing jobs, just not enough to offend my colleagues for joining in this de- put it in at the bottom, give it more to the trial lawyers. bate. I think we all do share the same working families, invest in education As for the deficit, talk about the kid goals for this country: a strong na- and health care, educational opportuni- who killed his folks and then threw tional defense, homeland security; edu- ties, make the economy more efficient, himself on the mercy of the court be- cation, stronger nanotechnology, aero- it percolates up. It is percolate-up eco- cause he was an orphan. Here we have nautics and so forth. The question nomics that works versus trickle down. Democrats offering $1.3 trillion in new though is, How do you get there? How The problem with trickle down is spending above and beyond what the do you achieve this goal? That is where when you give it to those at the top, budget will allow since January. the difference lies. they take too big a cut and it never The question before us is whether We have been pushing for tax cuts be- quite trickles down. But when you put Democrats will roll up their sleeves cause we trust free people and free en- it at the bottom, you put people to and help get the job done by passing an terprise. We figure families who have work and you get the economy hum- Energy bill or will more obstruction be children, when they got that $400 check ming. We need to do it by expanding the order of the day? this summer, needed that money for educational opportunities. Under this The PRESIDING OFFICER. The Sen- their kids. You have seen the results. President, we have had the lowest re- ator’s time has expired. The Senator They spent it on shoes or clothes or quest for educational funding in the from North Dakota. electronics, and it increased retail sell- last 30 years. That policy is going to Mr. DORGAN. My dad always told me ing, which is great for the retailers and mean a less well trained work force in never buy something from somebody manufacturers of the products and the the long-term, an economy that will who is out of breath. There is kind of a transporters and all the rest. not compete as well and larger deficits breathless quality to this debate from You see the job growth. Is it where for our country. the other side. They want us to essen- we want to be? Of course not. What we The PRESIDING OFFICER. The Sen- tially ignore the fact that we have lost are doing on the Republican side is put- ator’s time has expired. The Senator more than 3 million jobs in a couple of ting forward a positive, constructive from Minnesota. years. Of the biggest fiscal policy budg- agenda and solutions to move America Mr. COLEMAN. Again, I thank my et deficit in history, the biggest trade forward and help create more jobs. The Democratic colleagues for partici- deficit in history, just ignore that. Be difference is, on the Democrat side, pating in this debate. Much of the rea- happy. In fact, call for more tax cuts, their view is more taxes. They opposed soning I have heard this evening re- preferably tax cuts for businesses that our efforts to reduce taxes on married minds me of the definition of an econo- are moving jobs overseas and tax cuts people. We wanted to get rid of the mist: Someone who sees something be- for people at the top of the income lad- marriage penalty tax. We wanted to re- ginning to work in reality and tells der. duce taxes on families, on small busi- you why it won’t in theory. Let’s talk about jobs, though. What nesses, entrepreneurs. They opposed us. Simply put: The President’s tax cuts is the menu that creates new jobs? The But things are moving forward in the have begun to stimulate the economy Oscar Meyer Company had an opening right direction. and grow jobs. I will go out on a limb for their Weinermobile driver. Eight We also disagree on their taxing of here and say as a fact that the sky has hundred college graduates showed up Social Security benefits. I know some not fallen, that we are not in the worst to apply to drive the Weinermobile. of them, my friend from North Dakota, economy since Herbert Hoover, and the What does that tell you about jobs in even want to tax the Internet which I United States is not selling off the this country? This is a sad com- believe ought to be free from burden- Grand Canyon to cover its debts. mentary on our job situation. some regulations. Facts are facts. The business cycle This country needs new jobs. We The bottom line of our philosophy lives. The economy started down long don’t need an economic strategy that was best summed up by Ronald Reagan before George Bush became President. shrinks. We need one that expands who said in 1985: Every dollar the Gov- After a relatively short time of nega- jobs. We will best serve the American ernment does not take from us, every tive growth, the economy began to re- people if we decide these things mat- decision it does not make for us will cover. Despite serious setbacks not of ter. Deficits matter. Trade policies make our economy stronger, our lives the President’s making, such as 9/11, matter. If we decide these things mat- more abundant, and our future more the economy is coming back strong. ter and start working on them in a bi- free. Jobs and deficits are the remaining partisan way, in a thoughtful way, in a That sums up the Republican ap- problems. In the aftermath of reces- commonsense way, we will best serve proach and, indeed, its current success sions, they always are for a period. But this country’s interests. shows that it is right. we are headed strongly in the right di- But facts remain. This is the first ad- The PRESIDING OFFICER. Under rection. What every person knows is ministration since Herbert Hoover that the previous order, at this time the what matters is what we do here. had a net loss of jobs, nearly 3 million Senator from North Dakota, Mr. DOR- This is the question: Which do you jobs since it took office. I take no GAN, and the Senator from Arizona, Mr. think helps the economy and which pleasure in saying that. I wish it were KYL, will each be recognized for 1 hurts, raising taxes on everyone, espe- not so. I hope a year from now I can minute. cially on small business and job cre- say there are massive new jobs being Mr. DORGAN. Mr. President, first of ators and then increasing Federal created and our economy is growing. all, I have enjoyed the opportunity to spending, or leaving that money in the But I tell you this: That won’t hap- exchange views with my colleagues. pockets of consumers to consume or pen if we ignore the fundamentals. They are very able legislators. I thank save or invest? Let’s get back to the fundamentals: fis- my colleague from Iowa and my col- Tax increases would clearly hurt the cal policy that adds up and works; leagues from Virginia and Minnesota economy more than increased spending trade policy that adds up and supports and also my colleague from Arizona, would help. Today we need to look for- this country’s best interests in a way chairman of the Republican Policy ward. To my Democratic colleagues, I that can give confidence to the Amer- Committee. ask you to join your Republican col- ican people about the future. We won’t I must, however, correct one little leagues to keep the wheels of economic provide confidence by putting our head misstatement at the end. My good

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14960 CONGRESSIONAL RECORD — SENATE November 17, 2003 friend from Virginia just raised this on the obstructions imposed over the This is a picture of that cane, for little issue about the Internet tax, and past year against President Bush’s cir- which Medicare currently overpays, nobody is suggesting we tax the Inter- cuit court nominees by the Democratic that the VA can get for a mere $15. net. We will save that for another day. minority in the Senate. The Senate ob- Medicare pays $44. All of this kind of We can have another date—just the structionism has claimed victims, and waste will stop unless the Senate ob- two of us—on that subject. We need to unless we break their holds, more high- structs this bill. do that based on facts. ly qualified legal scholars will be lost The Medicare bill will protect seniors I will say that I think this is a good due to their ongoing obstructionism. by keeping the drug benefits both exchange of views. My colleague from Obstructionism is not just for judges available and voluntary. Let me just Arizona and I, with our caucuses, have anymore. It has been used also against say that again. This Medicare bill will created an opportunity—and we will the Healthy Forests Act, a bill that keep seniors’ drug benefits both vol- try to do this each month—which al- was approved while the southern Cali- untary and available. Retirees can lows us to exchange views on specific fornia fires raged on but was subjected keep what they have or get help to subjects. I think it merits additional to obstructionism by a minority when maintain their employer-based plans, opportunities in the Senate, and I will it was time to go to conference. can get a drug benefit through tradi- be pleased in the coming months when Now our seniors are on the verge of tional Medicare, will get new choices we are in session to work with my receiving a new Medicare prescription in improved Medicare, will be pro- friend, Senator KYL, to find additional drug benefit unless the Senate chooses tected by a Government backup plan topics and debaters and to further ad- to obstruct it. After 38 years of broken and substantial resources to make sure vance discussions on public policy in promises, a real Medicare drug benefit the choices are really there, not just on our country. is right around the corner. Opponents paper but choices that are really there. I yield the floor. claim that reforms in the Medicare Seniors get all of this protection unless Mr. KYL. Mr. President, I, too, thank conference are too great and the spend- the Senate obstructs it. our four debaters this evening, and es- ing too little. I disagree. Seniors have This Medicare bill will protect Medi- pecially my colleague from North Da- waited too long and this bill does too care for tomorrow’s seniors by control- kota, Senator DORGAN. He and I chair much for it to be subjected to obstruc- ling costs and preserving the system. the policy committees of our respec- tionism. While the bill provides an unprece- tive conferences. We decided that too As I indicated a moment ago, after 38 dented amount of resources—again, al- years of broken promises our seniors much of our debate in this body wasn’t most one and a half times what Presi- will finally get a Medicare drug benefit very civil or very much in the way of dent Clinton proposed and a third more unless the Senate obstructs it. After 38 debate because we were frequently than Senate Democrats wanted just 2 years of delay, help can begin in as talking to an empty Chamber. We basi- years ago—the bill requires that costs soon as 6 months unless the Senate ob- cally were talking past each other be monitored to control spending in ex- structs it. rather than engaging with each other. Looking at the second chart, this cess of $400 billion. The bill adds com- The best way for the American peo- Medicare bill will provide unprece- petitive forces to drive down costs, re- ple to understand our different philoso- dented resources for seniors’ prescrip- ward efficiency, eliminate waste and phies and actually test ideas was to see tion drug benefits, almost one and a abuse, and weed out fraud so that us in a situation in which, like tonight, half times what President Clinton pro- Medicare will be preserved for our chil- you saw questions being asked of each posed and a third more than Senate dren. All of this will happen unless the other and the responses being given at Democrats wanted just 2 years ago, and Senate obstructs this measure. that same period, the rebuttals and the we will have all of this unless the Sen- Finally, looking at chart 9, the Medi- replies in proximity to each other, so ate obstructs it. care bill provides real resources, real that these ideas could be evaluated in a Looking at the third chart, the Medi- benefits, real health, real choice, real context of real meaning, rather than care bill will cover nearly all prescrip- protections, real competition, and real the way the debate frequently occurs tion drug costs for low-income sen- cost control. All of those items are in here. That is not to denigrate our col- iors—nearly all prescription drug costs this measure, and we will have a leagues in the way we conduct other for low-income seniors. This is a ter- chance to approve it later this week. debates, but we think that by having rific deal for our low-income elderly in After 38 years, seniors will finally get this kind of an opportunity, we will not America. We will have this unless the a good prescription drug benefit unless only elucidate particular issues, as was Senate obstructs it. the Senate obstructs it. I think it is done this past week, but we can work This Medicare bill will cover nearly the poorest and frailest seniors who together as friends and colleagues and all catastrophic drug costs for seniors will suffer enormously from more ob- bring out the best ideas and participate with high drug bills—nearly all cata- structionism this time against this in debate of the kind that was origi- strophic costs for seniors with high Medicare prescription drug bill. nally contemplated in this Chamber. prescription drug bills. Let me say that So that is where we are. This is a Again, I thank the debaters. As was again. This Medicare bill will cover 95 great new plan that will be before the indicated, we intend to do this about percent of catastrophic costs for sen- Senate later this week, an opportunity once a month, and we hope everybody iors with high prescription drug bills. to really help seniors with prescription will tune in again. With that, I think This is a good deal for America’s sen- drugs for the first time, after years of we have a wrap-up request. iors and we will have this unless the conversation. Let us not miss that op- For the time being, I suggest the ab- Senate obstructs it. portunity. sence of a quorum. The Medicare bill will give seniors I yield the floor. The PRESIDING OFFICER. The unprecedented choices. All of these new f clerk will call the roll. choices in yellow on this chart are RECENT BROADCAST FLAG The legislative clerk proceeded to choices that are not available to sen- REGULATIONS call the roll. iors today. Senior will have all of these Mr. KYL. Mr. President, I ask unani- new choices, both the drug plan as well Mr. LEAHY. Mr. President, I rise mous consent that the order for the as comprehensive health plans with today to commend the Federal Com- quorum call be rescinded. choices that Federal workers currently munications Commission for its con- The PRESIDING OFFICER. Without enjoy, unless the Senate obstructs it. tinuing work on the important broad- objection, it is so ordered. The Medicare bill will use competi- cast flag regulations. Over-the air-tele- f tion to stop waste and abuse and give vision remains a critical part of the seniors group purchasing power. A spe- distribution of American television, REAL MEDICARE REFORM IS POS- cialty cane that Medicare pays $44 for and these regulations help to promote SIBLE WITHOUT OBSTRUC- is purchased by the VA for $15. That and improve over-the-air broadcasting TIONISM waste of Medicare and retirees’ money of high quality digital programming. Mr. MCCONNELL. Mr. President, for will stop unless the Senate obstructs They do this by giving broadcasters the 3 continuous days last week we focused it. tools they need to protect their digital

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14961 broadcasts against piracy. Without this I would like to describe one such ter in Waterbury in an $8.4 million project protection, broadcasters would simply crime today. In protest of a wedding that’s intended to also expand the specialty not broadcast their high value content between two men in Seattle, WA, sev- coffee company’s manufacturing capacity, over the air, and we would be left with eral young men and one adult who call the company said Wednesday. two classes of American consumers: ‘‘We are impressed with Waterbury’s sup- themselves ‘‘Deliverance Unlimited’’ port, which enables us to expand our facili- those who can afford, and live some- refused to leave a local Christian ties in the downtown Waterbury location where where they can receive, cable Church. In the October 25, 2003 inci- contiguous to our manufacturing and roast- television with its high-value content, dent, the co-pastor of the church asked ing operations,’’ Green Mountain Coffee and those who receive only low-value the protestors to leave, and the group Chairman and CEO Robert Stiller said. over-the-air television. We must not then began verbally assaulting the Green Mountain Coffee said the company allow this to happen. church staff. One of the protestors, expects to save money over the long term While I am encouraged by the FCC’s Christopher Dudley, entered the sanc- thanks to new automation equipment to be progress, and in particular pleased to installed in the new building. The additional tuary and began yelling that the warehouse space also will allow for more see that they have taken steps to keep church needed to be cleansed of sin. He the setting of technical criteria for product diversity and eliminate outside stor- then vandalized the church by spraying age expenses. protective technologies open and trans- and wiping oil on the walls and fur- This expansion will mean the company’s parent, the FCC’s recent notice of pro- niture. The co-pastor told police that packaging, warehousing and distribution ca- posed rulemaking raises some con- he was afraid for his own life and the pacities will match its current coffee roast- cerns. First, the FCC should make the lives of his staff. ing capacity of about 40 million to 50 million process inclusive of all parties with an I believe that Government’s first pounds. Moving functions into the new building interest in the outcome, especially duty is to defend its citizens, to defend consumers. Second, a sound final regu- will allow Green Mountain Coffee to increase them against the harms that come out its packaging capacity in its 65,000-square- lation should address the effect of a of hate. The Local Law Enforcement broadcast flag on fair use rights and foot plant that houses its roasting, ware- Enhancement Act is a symbol that can house and distribution operations, the com- works that are already in the public become substance. I believe that by pany said. domain. Third, the final regulation passing this legislation and changing The company expects the building to be should address the broadcast flag’s ef- current law, we can change hearts and finished by fall 2004, and the transfer of dis- fect on privacy. What is intended as a minds as well. tribution and warehousing functions com- technological measure to ensure the se- pleted by the spring 2005. curity of over-the-air broadcasts f ‘‘This expansion is critical to our success should not turn into an ability to track TRIBUTE TO BOB STILLER OF in executing our long-term growth plans to viewer behavior. Last, the final regula- GREEN MOUNTAIN COFFEE be the leader in roasting and selling spe- cialty coffee to a broad array of customers,’’ tion must continue to ensure that no ROASTERS Stiller said. one player becomes dominant in this Mr. LEAHY. Mr. President, the Bur- f industry, and that the American con- lington Free Press recently ran a story sumer continues to reap the benefits of about expansion plans by Green Moun- ADDITIONAL STATEMENTS innovative new technologies. Most of tain Coffee Roasters in Waterbury, VT. all, the FCC should not lose sight of The company has begun work on a TRIBUTE TO MORTIMER CAPLIN the most important goal of these regu- 52,000-square-foot warehouse and dis- lations: to provide the highest quality tribution center that will significantly ∑ Mr. WARNER. Mr. President, I rise content possible through over-the-air expand manufacturing capacity. Under today to recognize a remarkable man, television. I am confident that it will the leadership of Bob Stiller, Green Mr. Mortimer M. Caplin, on his out- do so. Mountain Coffee has consistently been standing legal career as an academic, f rated one of the fastest growing and public servant and distinguished prac- NOMINATION OF JAMES COMEY best managed small public companies titioner. Through the years, Mr. Caplin, has been an inspiration to us Mr. GRASSLEY. Mr. President, I rise in the United States. Small businesses are the backbone of all and a shining example of what hard today to state that I object to pro- work, dedication and perseverance can ceeding to the consideration of execu- Vermont’s economy, and Green Moun- tain Coffee has been an outstanding accomplish. tive nominee James Comey to be Dep- I feel a special connection with Mr. uty Attorney General at the Justice corporate partner in our State for over Caplin as we both graduated from Uni- Department. 20 years. Started in a small cafe´ in versity of Virginia School of Law and I have placed a hold on this person Waitsfield, VT, in 1981, growing into a because I have been unable to resolve publicly traded company in 1993, and both served our country proudly during outstanding issues with the Justice De- now announcing this $8.4 million ex- World War II in the United States partment. I have been working with pansion in Waterbury, Green Mountain Navy. As a undergraduate and law stu- the Justice Department to get a satis- has been a national leader in the spe- dent at the University of Virginia, Mr. factory promise to ensure there are no cialty coffee market and an inter- Caplin earned a reputation as a hard reprisals against certain Justice De- national leader in promoting fair trade working student who always had time partment employees in connection coffee. to lend a helping hand. During his un- with testimony before the Senate Fi- I commend Bob and all the employees dergraduate career at Mr. JEFFERSON’s nance Committee. Although I support at Green Mountain Coffee for their suc- University, Mr. Caplin was elected to Mr. Comey’s nomination, I intend to cess at not only selling great coffee but Phi Beta Kappa while becoming a reserve my right to object to the Sen- also promoting sustainable farming standout on Johnny LaRowe’s great ate proceeding with this nominee of throughout the world. I ask unanimous boxing teams of the mid’30’s. this legislation at this time. consent that a copy of the article that After earning his Bachelor of Science degree, Mr. Caplin went on to the Uni- f appeared in the Burlington Free Press be printed in the RECORD so that all versity’s law school where he contin- LOCAL LAW ENFORCEMENT ACT Senators can read about the success of ued his excellent academic career and OF 2003 this company. his affiliation with the University’s Mr. SMITH. Mr. President, I rise There being no objection, the mate- boxing team. As coach of the First today to speak about the need for hate rial was ordered to be printed in the Year team, Mr Caplin instilled in the crimes legislation. On May 1, 2003, Sen- RECORD, as follows: newly arrived First Years the value of ator KENNEDY and I introduced the [From the Burlington Free Press, Nov. 6, a well rounded education. He also man- Local Law Enforcement Enhancement 2003] aged to find the time to be selected and Act, a bill that would add new cat- GMC HAS EXPANSION BREWING serve as Editor-in-Chief of the Virginia egories to current hate crimes law, Green Mountain Coffee Roasters Inc. plans Law Review in 1940. sending a signal that violence of any to begin construction this month on a 52,000- Upon graduation in 1940, Mr. Caplin kind is unacceptable in our society. square-foot warehouse and distribution cen- clerked for Judge Armistead M. Dobie

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14962 CONGRESSIONAL RECORD — SENATE November 17, 2003 on the United States Court of Appeals prayers and our hopes to those beyond the Mr. Jefferson consistently laid stress on, for the Fourth Circuit in Richmond. seas who are maintaining with magnificent not just the rights of citizens of this coun- Upon completing his clerkship, he valor their battle for freedom.’’ try, but also on the responsibilities. Writing Remember, in 1940 there was no television, joined the New York law firm Paul, in 1796—shortly before he assumed the un- no cell phones, no Internet. Until then, we happy post of vice president—he stated Weiss, Rifkind, Wharton & Garrison as heard President Roosevelt only on the radio. strongly: ‘‘There is a debt of service due an associate but, like so many of us To have the president of the United States from every man to his country, proportioned during this era, interrupted his career before us in person, delivering to the world to the bounties which nature and fortune to defend this country and the freedom his famous ‘‘dagger-in-the-back’’ speech, is a have measured to him.’’∑ we all enjoy. Mr. Caplin joined the moment I will never forget. f Navy and on June 6, 1944, came ashore That day, he also gave us a glimpse into what lay before us when he solemnly com- RECOGNITION OF JAMES J. on Omaha Beach as a member of the mitted, for the first time and without con- GILLIN, JR. initial landing force where he served as gressional approval, to ‘‘extend . . . the ma- ∑ U.S. Navy beachmaster. terial resources of this nation’’ to the embat- Mr. SPECTER. Mr. President, I rise After the war, Caplin returned to the tled democracies. today to salute James J. Gillin, Jr., of legal profession and eventually made First Lady Eleanor Roosevelt later said: Philadelphia, a premier Pennsylvania his way back to the University of Vir- ‘‘Franklin’s address was not just a com- business and community leader. Penn- ginia in 1950 where he became a law mencement address, it was a speech to the sylvanians for Effective Government, professor concentrating on tax and cor- nation . . . that brought us one step nearer the Commonwealth’s oldest and largest to total war.’’ probusiness PAC, recently recognized porate law. From 1950 to1962, he taught For us, World War II had begun. It was not countless students the value of a legal at all what we graduates had been planning. Jim Gillin’s contributions by selecting education until he was again called As a law student, I spent many hours him to receive its prestigious new civic into public service by President John thinking about my postgraduation career leadership award. F. Kennedy to head the Internal Rev- and dreams. I had already accepted a legal The Clifford L. Jones Award, which enue Service. clerkship with Judge Armistead Mason Jim will formally receive next month, After retiring from the post in 1964, Dobie, our former Law School dean and, at recognizes Pennsylvanians who ‘‘have that time, a U.S. Circuit Court of Appeals demonstrated exemplary civic leader- Mr. Caplin received the Alexander judge. Next, I would go to New York to begin Hamilton Award, the highest honor be- the practice of law. With two U.Va. degrees ship in support of free enterprise and stowed by the Treasury Department. in hand, I felt prepared to face and perhaps democratic processes’’ and focuses on a Thereafter, he founded Caplin & conquer the world. But on Dec. 7, 1941, the lifetime of achievement rather than a Drysdale which became, and remains Japanese attacked Pearl Harbor and all our single effort. today, one of the leading tax firms in lives changed. Jim Gillin certainly qualifies. He was the United States. Mr. Caplin was the I had hardly begun my Wall Street law president of the Philadelphia-based Pe- 2001 recipient of the Thomas Jefferson practice, when I found myself in uniform, troleum Heat and Power Company, a commissioned an ensign. U.S. Naval Reserve. major fuel distributor throughout the Foundation Medal in Law which is When my training was completed, I said awarded to individuals that exemplify goodbye to Ruth, my wife of just one year, Delaware Valley. He was also a mem- the Jeffersonian ideal of the lawyer as and set sail for duty as a beachmaster on ber of the Executive Board of Conti- public citizen. He truly embodies this Omaha Beach on June 6, 1944, for the D-Day nental Bank of New Jersey, president ideal and it is right to honor his ac- landing on the Normandy coast of France. of Transport Employers, Inc., and complishments. World War II and the Navy did teach me a chairman of the Philadelphia Parking On May 18, 2003, Mr. Caplin was in- number of important life skills—many still Authority. of help in my private career. Two, in par- vited to address the University of Vir- Jim was also active politically, serv- ticular, are worth remembering. First, avoid ing as treasurer of the Philadelphia ginia’s 2003 graduating class. His words fixed and rigid plans. Instead, allow for flexi- about the importance of public service bility, innovation and possible change—but County Democratic Executive Com- are an inspiration to us all. As a trib- always hold true to your personal values. mittee and as a member of the Demo- ute to his achievements and his con- Second, be willing to accept risk when nec- cratic House and Senate Council in tributions, I ask that his remarks be essary as you move forward toward your Washington, DC. He has always been entered into the RECORD at this time. goals. bipartisan, willing to reach across the The remarks follow. Philosopher William James acutely ob- aisle to support political leaders who served: ‘‘It is only by risking our persons A DEBT OF SERVICE support business. from one hour to another that we live at all. Jim has helped shape PEG for a quar- I must confess, in trying to recall who And often enough our faith beforehand in an spoke and what was said at my own college uncertified result is the only thing that ter century, serving as chairman from graduation—‘‘The Great Class of 1937’’—my makes the result come true.’’ 1985 through 1989 and on its board since mind remains a blank. Simply put, have faith in your choices, and 1979. He also played major roles at the The one commencement I do remember be at the ready to risk challenge as well as Pennsylvania Chamber of Business and was here at my law graduation in 1940. The change. You will grow in strength as you do. Industry during the late 1980s. speaker was the president of the United We’ve heard a great deal of late about PEG has made a superb choice in pre- States—Franklin Delano Roosevelt. He came those involved in what has been dubbed ‘‘The senting its important new award to to the University to attend the law gradua- Greatest Generation’’—glorifying our ordi- tion of his son, Franklin Jr., one of our nary citizens who, through hard work, cour- Jim Gillin. I join them in their trib- classmates. age and sacrifice, successfully confronted the ute.∑ The Nazi armies of Adolph Hitler were Great Depression and World War II. Let me f then overrunning Europe and threatening confess, though—as a duly designated mem- the freedom of the entire world. On that very ber of that body—I find the anointment RECOGNITION OF BING JUDD morning, Mussolini’s fascist forces—joining somewhat overdone. Countless generations, ∑ Mr. GREGG. Mr. President, this Jan- Hitler—had invaded their neighbor France. both before and after—including today—have uary, Burnham A. Judd will be step- Soon, every member of our class would be re- also faced challenging times and national ping down from his position as chair- quired to register under the vigorously de- crises. And, in each case, everyday Ameri- man of the Board of Selectmen of bated Selective Service Act, the first peace- cans have always demonstrated equal patri- time military draft in our nation’s history. otism, equal devotion, equal courage—all in- Pittsburg, NH. Bing, as he is known to In Memorial Gymnasium, the president de- herently part of our national culture, tradi- all throughout New Hampshire’s North livered a historic speech—the most sensitive tions and training. Country, has served on the board in part inserted by him during his train ride What may we expect of your generation? A Pittsburg for 34 years, since 1969, and I from Washington, contrary to the State De- former U. Va. Law School student of mine— rise in tribute to his outstanding serv- partment’s specific pleas that America’s who later became attorney general of the ice to his community, its residents and neutrality would be compromised. United States—Robert F. Kennedy, offered the State of New Hampshire through- FDR dramatically declared: ‘‘On this tenth an answer in his 1966 Capetown University out this time. day of June 1940, the hand that held the dag- speech: ‘‘Few will have the greatness to bend ger has struck it into the back of its neigh- history; but each of us can work to change a Pittsburg is New Hampshire’s largest bor. On this tenth day of June 1940, in this small portion of events, and in the total of town in area and its farthest north, University founded by the first great Amer- all these acts will be written the history of sharing borders with Canada, Maine, ican teacher of democracy, we send forth our this generation.’’ and Vermont. Located well north of

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14963 the notches through New Hampshire’s TRIBUTE TO THE 100TH ANNIVER- ment of a free academy in Fairfax. White Mountains, Pittsburg contains SARY OF THE BELLOWS FREE Here follows several terms of his will: the majestic Connecticut Lakes and ACADEMY OF FAIRFAX VT I give, and bequeath in trust to my native Lake Francis, headwaters of the Con- ∑ Mr. JEFFORDS. Mr. President, I rise town of Fairfax, two hundred and fifty shares necticut River, and areas of unparal- in the Chicago, Rock Island and Pacific Rail- today to recognize the 100th anniver- road Company, the par value, one hundred leled scenic and wild beauty. It is a sary of the founding of Bellows Free dollars each. community with a rich heritage of resi- Academy in Fairfax, VT. The dividends thereon as far as practical, dents skilled in the ways of the woods Bellows Free Academy is one of the to be invested in said stock, until the same and with a passion for life in the out- last schools in Vermont that serves shall amount to two hundred and fifty thou- sand dollars, for the purpose of establishing doors. student from kindergarten through 12th grade. As such, many families in a free school in said town of Fairfax. Said Throughout its rich history, no one Fairfax enjoy the advantage of having school to be located upon the premises here- has been more true to the community, inafter mentioned and described. their children attend the facility from Said school to be known and called ‘the its residents, its landscape, and its life- their first day of school through high Bellows Free Academy of Fairfax, Vermont’. styles than Bing Judd. An avid and school graduation. In which Academy the primary and higher skillful sportsman, knowledgeable in And it is a very nice facility. The branches of learning shall be taught. Said the woods and with an uncanny knack original 1903 building, which burned Academy shall be conducted in all respects of always knowing where the fish are, down in January 1941, was replaced and in such a manner as to further the education of children and young men, so as to fit them his vast experience includes a varied dedicated in 1942. Additions in 1960, 1973, 1990, and 1999 have kept the school for usefulness, and so as is practical, it is my and accomplished record of service to wish that children of indigent parents re- the public: A Pittsburg road agent in up to date with modern space, equip- ceive and advantage of said school in pref- the 1960s, a New Hampshire State Rep- ment and facilities. Located in the erence to those who have ample means of heart of one of Vermont’s fastest grow- resentative in 1974, 17 years of service support of their children . . . ing towns, BFA is a venerable school as a forest ranger for the State of New And so, in the same year that Orville whose playgrounds and athletic fields Hampshire from 1975 to 1992, a New and Wilbur Wright achieved human are framed by woods and meadows, flight from a sand dune in Kitty Hawk, Hampshire fish and game commis- with a new land acquisition providing sioner for 10 years, on the Pittsburg NC, Hiram Bellows’ estate of railroad access to the nearby Lamoille River. stock founded a free academy on a vil- Police and Fire Departments for many Several vantage points reveal majestic lage lot in Fairfax, VT. years and service continuing to this views of Mount Mansfield, Vermont’s Generations of Hiram Bellows family day as Pittsburg health officer, as a tallest mountain. have attended and graduated from the Coos County commissioner since 1997 In discussing BFA, a point of clarity school he so generously established. I and on the State of New Hampshire’s is in order, as there are two schools in am old his descendants attend BFA to Water Resources Council and New Vermont named Bellows Free Acad- this day. And with the generations of Hampshire Wetlands Board. In addi- emy, and both are in Franklin County. Bellows’, so have been graduated gen- tion, as chairman of the Connecticut Each school owes its founding to the eration after generation of other famil- Lakes Headwaters Citizens Advisory same benefactor, but people in Fairfax iar Fairfax families. Committee, Bing has been, and con- are quick to point out that theirs is A school of course, does not exist and tinues to be, instrumental in assisting the original BFA, even if it is smaller, cannot thrive in and of itself. In this to guide policy for preserving and pro- in terms of student enrollment, to its regard, Fairfax has a strong tradition tecting the vital water and woodland namesake in St. Albans. of community support for its school, resources of this important region, es- BFA, Fairfax, was established and that tradition is reflected in the through the generous provisions of the pecially in the recent successful effort quality of students, teachers, adminis- 1876 will of Hiram Bellows, who was trators, directors, and staff at BFA to preserve for future generations and born in Fairfax in 1798. over the century of its existence. traditional uses over 170,000 acres of As a young person, Hiram Bellows The list of those responsible for the area woodlands. lived at the farm of his birth and at- continued growth and success of the In my time of service to New Hamp- tended grammar school at a nearby academy goes on and on. There are spe- shire as Second District Congressman, schoolhouse. He advanced to the small cific individuals who, I am sure, are Governor and U.S. Senator, I have had graded school in town when good for- worthy of specific praise. But perhaps no higher privilege than to count on tune brought a college graduate to even more importantly, there are the Bing Judd for his sound judgement, Fairfax to teach for a short period of countless people who contribute im- sage advice and friendship. I know of time. Hiram was unable to progress measurable hours in innumerable ways no individual more dedicated to his further in formal education, however, to endless projects. They are the back- community and his region or more able because his parents could not afford bone of the community; they comprise in its governance. The Town of Pitts- the academy fees to attend the high the sustaining force of the school. school equivalent of his day. So the Bellows Free Academy of burg, Coos County, and the State of Hiram Bellows was an industrious Fairfax owes its beginnings to a re- New Hampshire have been fortunate he man and an able judge of character. markable man named Hiram Bellows. has been willing to share his wisdom For some time, he made his living op- It does its proud history to its adminis- and experience on our behalf for so well erating a general store and ‘tinkering’ tration, teachers, students, and above and for so long. While he will continue in real estate. It is said that he liked to all, its community. to serve his town, region, and State in bargain, and invariably whittled on a Its future depends on sustaining all many roles, it is important his lon- piece of wood while studying the face of the above. And while there are in- gevity of quality service to his town as of the man with whom a deal was being deed numerous families who count gen- selectman be recognized and honored. contemplated. erations of graduates from Bellows It is because of the outstanding com- He served as State senator from Free Academy, judging by its rate of munity service performed by citizens Franklin County; was a charter mem- growth, Fairfax also benefits greatly like Bing Judd that civil needs are ber of the Vermont and Canada Rail- from contributions of newer residents, met, our communities prosper, and our road Company; founding associate of many drawn to this community, I sus- Nation hands to future generations a the Parish of Christ Church, Episcopal; pect, precisely because of the strong landscape and a society better off for and first president of the First Na- reputation of its school system. his selfless and committed participa- tional Bank of St. Albans. So, it is with great pleasure that I tion. In regard to his nature and char- offer my congratulations to all those, acter, a niece once recalled that he was past and present, involved with the I thank Bing Judd on behalf of his ‘‘a kind, delightful gentleman, whose Bellows Free Academy of Fairfax, VT. many constituents and neighbors of house was always open.’’ Moreover, I am pleased to recognize Pittsburg, NH, who he has served and Upon his death, Hiram Bellows’ will the generosity and foresight of its helped throughout the years.∑ included provisions for the establish- founder, Hiram Bellows.

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14964 CONGRESSIONAL RECORD — SENATE November 17, 2003 Happy 100th birthday, BFA.∑ Adjustments for 2004’’ (Notice 2003–73) re- EC–5257. A communication from the Direc- ceived on November 13, 2003; to the Com- tor, Workforce Compensation and Perform- f mittee on Finance. ance Service, Office of Personnel Manage- MESSAGES FROM THE PRESIDENT EC–5246. A communication from the Acting ment, transmitting, pursuant to law, the re- Chief, Publications and Regulations Branch, port of a rule entitled ‘‘Final Regulations Messages from the President of the Internal Revenue Service, transmitting, pur- Locality-Based Comparability Payments’’ United States were communicated to suant to law, the report of a rule entitled (RIN3206–AI81) received on November 13, 2003; the Senate by Ms. Evans, one of his ‘‘Weighted Average Interest Rate Update No- to the Committee on Governmental Affairs. secretaries. tice’’ (Notice 2003–74) received on November f 13, 2003; to the Committee on Finance. f EC–5247. A communication from the Acting REPORTS OF COMMITTEES EXECUTIVE MESSAGES REFERRED Chief, Publications and Regulations Branch, Internal Revenue Service, transmitting, pur- The following reports of committees As in executive session the Presiding suant to law, the report of a rule entitled were submitted: Officer laid before the Senate messages ‘‘Bureau of Labor Statistics Price Indexes By Mr. GREGG, from the Committee on from the President of the United for Department Stores’’ (Rev. Rule 2003–121) Health, Education, Labor, and Pensions, States submitting a treaty, and sundry received on November 13, 2003; to the Com- with an amendment in the nature of a sub- nominations which were referred to the mittee on Finance. stitute: EC–5248. A communication from the Acting S. 720. A bill to amend title IX of the Pub- appropriate committees. Chief, Publications and Regulations Branch, lic Health Service Act to provide for the im- (The nominations received today are Internal Revenue Service, transmitting, pur- provement of patient safety and to reduce printed at the end of the Senate pro- suant to law, the report of a rule entitled the incidence of events that adversely effect ceedings.) ‘‘TD: Return of Partnership Income’’ patient safety (Rept. No. 108-196). (RIN1545–BC01) received on November 13, By Mr. SPECTER, from the Committee on f 2003; to the Committee on Finance. Veterans’ Affairs, with an amendment in the MEASURES READ THE FIRST TIME EC–5249. A communication from the Acting nature of a substitute: Chief, Publications and Regulations Branch, S. 1136. A bill to restate, clarify, and revise The following bill was read the first Internal Revenue Service, transmitting, pur- the Soldiers’ and Sailors’ Civil Relief Act of time: suant to law, the report of a rule entitled 1940 (Rept. No. 108–197). S. 1875. A bill to amend the Employee Re- ‘‘CPI Adjustment for Section 7872(g) for 2004’’ By Mr. INHOFE, from the Committee on tirement Income Security Act of 1974, the (Rev. Rul. 2003–118) received on November 13, Environment and Public Works, with an Public Health Service Act, and the Internal 2003; to the Committee on Finance. amendment in the nature of a substitute: Revenue Code of 1986 to extend the mental EC–5250. A communication from the Acting S. 793. A bill to provide for increased en- health benefits parity provisions for an addi- Chief, Publications and Regulations Branch, ergy savings and environmental benefits tional year. Internal Revenue Service, transmitting, pur- through the increased use of recovered min- suant to law, the report of a rule entitled eral component in federally funded projects f ‘‘Computation of Required Interest Using involving procurement of cement or concrete EXECUTIVE AND OTHER Mean Reserves’’ (Rev. Rul. 2003–120) received (Rept. No. 108–198). COMMUNICATIONS on November 13, 2003; to the Committee on By Mr. HATCH, from the Committee on Finance. the Judiciary, without amendment and with The following communications were EC–5251. A communication from the Acting a preamble: laid before the Senate, together with Chief, Publications and Regulations Branch, S. Res. 253. A resolution to recognize the accompanying papers, reports, and doc- Internal Revenue Service, transmitting, pur- evolution and importance of motorsports. uments, and were referred as indicated: suant to law, the report of a rule entitled ‘‘Tax Exempt Bond Partnership Revenue f EC–5240. A communication from the Sec- Procedure’’ (Rev. Proc. 2003–84) received on EXECUTIVE REPORTS OF retary of Agriculture, transmitting, a draft November 13, 2003; to the Committee on Fi- COMMITTEES of proposed legislation relative to the Com- nance. modity Promotion, Research, and Informa- EC–5252. A communication from the Acting The following executive reports of tion Act of 1996; to the Committee on Agri- Chief, Publications and Regulations Branch, committees were submitted: culture, Nutrition, and Forestry. Internal Revenue Service, transmitting, pur- By Mr. HATCH for the Committee on the EC–5241. A communication from the Chair- suant to law, the report of a rule entitled Judiciary. man of the Board of Governors of the Federal ‘‘CPI Adjustment for Section 1274A for 2004’’ James B. Comey, of New York, to be Dep- Reserve System and the Secretary of the (Rev. Rul. 2003–119) received on November 13, uty Attorney General. Treasury, transmitting, pursuant to law, a 2003; to the Committee on Finance. *Michael J. Garcia, of New York, to be an report relative to financial holding compa- EC–5253. A communication from the Assist- Assistant Secretary of Homeland Security. nies; to the Committee on Banking, Housing, ant Secretary for Legislative Affairs, De- Federico Lawrence Rocha, of California, to and Urban Affairs. partment of State, transmitting, pursuant to be United States Marshal for the Northern EC–5242. A communication from the Acting the Arms Export Control Act, a request to District of California for the term of four Director, Office of Sustainable Fisheries, Na- permit the use of Foreign Military Financing years. tional Marine Fisheries Service, transmit- for the sale of 125 M1A1 ABRAMS tank kits ting, pursuant to law, the report of a rule en- for Egypt; to the Committee on Foreign Re- *Nomination was reported with rec- titled ‘‘Closure of the Commercial Fishery lations. ommendation that it be confirmed sub- for King Mackerel in the Exclusive Eco- EC–5254. A communication from the Assist- ject to the nominee’s commitment to nomic Zone in the Western Zone of the Gulf ant Secretary for Legislative Affairs, trans- respond to requests to appear and tes- of Mexico’’ received on November 13, 2003; to mitting, pursuant to the Arms Export Con- tify before any duly constituted com- the Committee on Commerce, Science, and trol Act, the report of a certification of a mittee of the Senate. Transportation. proposed license for the export of defense ar- (Nominations without an asterisk EC–5243. A communication from the Dep- ticles or defense services sold commercially uty Associate Administrator, Environmental under a contract in the amount of $100,000,000 were reported with the recommenda- Protection Agency, transmitting, pursuant or more to the United Kingdom; to the Com- tion that they be confirmed.) to law, the report of a rule entitled ‘‘Colo- mittee on Foreign Relations . f rado: Final Authorization of State Haz- EC–5255. A communication from the Assist- ardous Waste Management Program Revi- ant Secretary for Legislative Affairs, trans- INTRODUCTION OF BILLS AND sion’’ (FRL#7586–9) received on November 13, mitting, pursuant to the Arms Export Con- JOINT RESOLUTIONS 2003; to the Committee on Environment and trol Act, the report of the certification of a The following bills and joint resolu- Public Works. proposed license for the export of defense ar- tions were introduced, read the first EC–5244. A communication from the Dep- ticles and defense services sold under a con- uty Associate Administrator, Environmental tract in the amount of $50,000,000 or more; to and second times by unanimous con- Protection Agency, transmitting, several the Committee on Foreign Relations. sent, and referred as indicated: documents related to the Agency’s regu- EC–5256. A communication from the Direc- By Mr. CRAIG (for himself, Ms. CANT- latory programs; to the Committee on Envi- tor, Office of Personnel Management, trans- WELL, Mrs. MURRAY, Mr. ENZI, Mr. ronment and Public Works. mitting, pursuant to law, the report of a rule BURNS, and Mr. BAUCUS): EC–5245. A communication from the Acting entitled ‘‘Miscellaneous Changes in Office of S. 1868. A bill to authorize a 3-year dem- Chief, Publications and Regulations Branch, Personnel Management’s Regulations’’ onstration program to recruit and train phy- Internal Revenue Service, transmitting, pur- (RIN3206–AJ54) received on November 13, sicians to serve in rural settings; to the suant to law, the report of a rule entitled 2003; to the Committee on Governmental Af- Committee on Health, Education, Labor, and ‘‘Annual Pensions Plan, etc. Cost of Living fairs. Pensions.

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14965 By Mrs. FEINSTEIN: MURKOWSKI) was added as a cosponsor S. 1647 S. 1869. A bill for the relief of Robert Kuan of S. 595, a bill to amend the Internal At the request of Mr. JOHNSON, the Liang and Chun-Mei Hsu-Liang; to the Com- Revenue Code of 1986 to repeal the re- name of the Senator from Iowa (Mr. mittee on the Judiciary. quired use of certain principal repay- HARKIN) was added as a cosponsor of S. By Mr. SMITH (for himself and Mr. 1647, a bill to amend title XVIII of the WYDEN): ments on mortgage subsidy bond S. 1870. A bill to establish an alternative financings to redeem bonds, to modify Social Security Act to provide for di- trigger for determining if an extended ben- the purchase price limitation under rect access to audiologists for medicare efit period is in effect for a State for pur- mortgage subsidy bond rules based on beneficiaries, and for other purposes. poses of certain benefits under the Tem- median family income, and for other S. 1793 porary Extended Unemployment Compensa- purposes. At the request of Mr. KENNEDY, the tion Act of 2002; to the Committee on Fi- S. 596 name of the Senator from Louisiana nance . At the request of Mr. ENSIGN, the (Ms. LANDRIEU) was added as a cospon- By Mr. HATCH (for himself, Mr. sor of S. 1793, a bill to provide for col- LEAHY, and Mr. CHAMBLISS): name of the Senator from Colorado S. 1871. A bill to authorize salary adjust- (Mr. ALLARD) was added as a cosponsor lege quality, affordability, and diver- ments for Justices and judges of the United of S. 596, a bill to amend the Internal sity, and for other purposes. States for fiscal year 2004; to the Committee Revenue Code of 1986 to encourage the S. 1841 on the Judiciary. investment of foreign earnings within At the request of Mrs. CLINTON, the By Mr. SMITH (for himself, Mr. BIDEN, the United States for productive busi- name of the Senator from Arkansas Mr. CHAMBLISS, Mr. COCHRAN, Mr. ness investments and job creation. (Mr. PRYOR) was added as a cosponsor HAGEL, Mr. LIEBERMAN, Mr. LUGAR, S. 664 of S. 1841, a bill to amend title 10, and Mr. VOINOVICH): United States code, to provide for the S. 1872. A bill to award a congressional At the request of Mr. HATCH, the gold medal to Lord Robertson of Port Ellen; name of the Senator from Connecticut award of a military service medal to to the Committee on Banking, Housing, and (Mr. DODD) was added as a cosponsor of members of the Armed Forces who Urban Affairs. S. 664, a bill to amend the Internal served honorably during the Cold War By Mr. DASCHLE (for Mr. KERRY): Revenue Code of 1986 to permanently era. S. 1873. A bill to require employees at a extend the research credit, to increase S. 1856 call center who either initiate or receive the rates of the alternative incre- At the request of Mrs. CLINTON, the telephone calls to disclose the physical loca- name of the Senator from New York tion of such employees, and for other pur- mental credit, and to provide an alter- (Mr. SCHUMER) was added as a cospon- poses; to the Committee on Commerce, native simplified credit for qualified Science, and Transportation. research expenses. sor of S. 1856, a bill to designate the By Mr. FEINGOLD (for himself and Mr. S. 1143 Department of Veterans Affairs out- MCCAIN): At the request of Mrs. HUTCHISON, the patient clinic in Sunnyside, Queens, S. 1874. A bill to require Senate candidates name of the Senator from Maryland New York, as the ‘‘Thomas P. Noonan, to file designations, statements, and reports (Ms. MIKULSKI) was added as a cospon- Jr., Department of Veterans Affairs in electronic form; to the Committee on Outpatient Clinic’’. Rules and Administration. sor of S. 1143, a bill to amend the Pub- S. RES. 253 By Mr. GREGG (for himself and Mr. lic Health Service Act to direct the At the request of Mr. CAMPBELL, the KENNEDY): Secretary of Health and Human Serv- S. 1875. A bill to amend the Employee Re- ices to establish, promote, and support names of the Senator from Indiana tirement Income Security Act of 1974, the a comprehensive prevention, research, (Mr. LUGAR) and the Senator from New Public Health Service Act, and the Internal and medical management referral pro- York (Mrs. CLINTON) were added as co- Revenue Code of 1986 to extend the mental gram for hepatitis C virus infection. sponsors of S. Res. 253, a resolution to health benefits parity provisions for an addi- S. 1172 recognize the evolution and importance tional year; read the first time. of motorsports. At the request of Mr. FRIST, the f name of the Senator from Oregon (Mr. S. RES. 263 At the request of Mr. GRASSLEY, the ADDITIONAL COSPONSORS WYDEN) was added as a cosponsor of S. 1172, a bill to establish grants to pro- name of the Senator from Vermont S. 50 vide health services for improved nu- (Mr. LEAHY) was added as a cosponsor At the request of Mr. JOHNSON, the trition, increased physical activity, of S. Res. 263, a resolution honoring the name of the Senator from New Jersey obesity prevention, and for other pur- men and women of the Drug Enforce- (Mr. CORZINE) was added as a cosponsor poses. ment Administration on the occasion of S. 50, a bill to amend title 38, United of its 30th Anniversary. S. 1195 States Code, to provide for a guaran- At the request of Mr. KYL, the name f teed adequate level of funding for vet- of the Senator from Maine (Ms. SNOWE) erans health care, and for other pur- STATEMENTS ON INTRODUCED was added as a cosponsor of S. 1195, a poses. BILLS AND JOINT RESOLUTIONS bill to amend title XIX of the Social By Mr. DASCHLE (for Mr. S. 417 Security Act to clarify that inpatient KERRY): At the request of Ms. SNOWE, the drug prices charged to certain public name of the Senator from Maryland S. 1873. A bill to require employees at hospitals are included in the best price a call center who either initiate or re- (Ms. MIKULSKI) was added as a cospon- exemptions for the medicaid drug re- sor of S. 417, a bill to amend title 5, ceive telephone calls to disclose the bate program. physical location of such employees, United States Code, to ensure that cov- S. 1197 erage of bone mass measurements is and for other purposes; to the Com- At the request of Mr. ENZI, the name mittee on Commerce, Science, and provided under the health benefits pro- of the Senator from Arkansas (Mrs. gram for Federal employees. Transportation. LINCOLN) was added as a cosponsor of S. (At the request of Mr. DASCHLE, the S. 419 1197, a bill to amend the Public Health following statement was ordered to be At the request of Ms. SNOWE, the Service Act to ensure the safety and printed in the RECORD.) name of the Senator from Maryland accuracy of medical imaging examina- ∑ Mr. KERRY. Mr. President, I am (Ms. MIKULSKI) was added as a cospon- tions and radiation therapy treat- pleased to introduce today the ‘‘Call sor of S. 419, a bill to amend title XVIII ments. Center Consumer’s Right to Know of the Social Security Act to expand S. 1246 Act.’’ This legislation is in response to coverage of bone mass measurements At the request of Mr. ROBERTS, the the mounting evidence showing that under part B of the medicare program name of the Senator from Pennsyl- U.S. corporations are rapidly shifting to all individuals at clinical risk of vania (Mr. SPECTER) was added as a co- hundreds of thousands high-tech and osteoporosis. sponsor of S. 1246, a bill to amend the service sector jobs abroad. Labor offi- S. 595 Internal Revenue Code of 1986 to pro- cials, business leaders, economists, At the request of Mr. HATCH, the vide for collegiate housing and infra- elected officials and ordinary Ameri- name of the Senator from Alaska (Ms. structure grants. cans are concerned that this bleeding

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14966 CONGRESSIONAL RECORD — SENATE November 17, 2003 of American jobs will further slow our There can be no doubt that the out- Senate campaigns into the 21st century economy. In addition to the more than sourcing of these important American by requiring that Senate candidates 2 million manufacturing jobs that have service sector jobs abroad has played a file their campaign finance disclosure been lost since 2000, some have indi- part in the jobless, or what some call reports electronically and that those cated that we may also be witnessing the ‘‘job-loss’’ economic recovery of reports be promptly made available to the largest out-sourcing of non-manu- 2003. It is predicted that future out- the public. This step is long overdue, facturing jobs in the history of the U.S. sourcing of service sector jobs may pro- and I hope the Senate will act quickly economy. The statistics are staggering. vide more costly to the US. economy on this legislation. In the month of July 2003 alone, be- than the loss of American manufac- A recent report by the Campaign Fi- tween 25,000 and 30,000 jobs were turing jobs we are witnessing today. nance Institute highlighted the anom- outsourced to India. According to the Unfortunately, the economics that pro- aly in the election laws that makes it Bureau of Labor Statistics, roughly duced this trend are unlikely to change nearly impossible for the public to get one in ten jobs held by Americans in without a concerted effort to both pro- access to Senate campaign finance re- 2001 are now at risk to be outsourced vide companies with an incentive to ports while most other reports are abroad. keep their jobs in American and pro- available on the Internet within 24 These jobs are not specific to one sec- mote consumer awareness of the serv- hours of their filing with the Federal tor or a select few companies, but span ices they unknowingly purchase from Election Commission (FEC). The Cam- a broad array of services, including other countries. This is precisely what paign Finance Institute report opened customer call service centers, payroll the Call Center Consumer’s Right to with a rhetorical question: ‘‘What and other back-office related activi- Know Act seeks to accomplish. makes the Senate so special that it ex- ties, stock market research for finan- I ask unanimous consent that the empts itself from a key requirement of cial firms, medical transcription serv- text of the bill be printed in the campaign finance disclosure that ap- ices, legal online database research and RECORD.∑ plies to everyone else, including can- data analysis for consulting firms. In There being no objection, the bill was didates for the House of Representa- addition, firms involved with software ordered to be printed in the RECORD, as tives and Political Action Commit- services and business process outsourc- ing are rapidly expanding to a host of follows: tees?’’ The answer, of course, is nothing. different countries, including India, the S. 1873 The United States Senate is special in Philippines, Malaysia, China, Russia, Be it enacted by the Senate and House of Rep- many ways. I am proud to serve here. Israel, and Ireland. resentatives of the United States of America in In addition to rapid service sector job Congress assembled, But there is no justification for not losses, consumers are concerned with SECTION 1. SHORT TITLE. making our campaign finance informa- the growing threat of identity theft. So This Act may be cited as the ‘‘Call Center tion as readily accessible to the public far, efforts to stem this tide and keep Consumer’s Right to Know Act of 2003’’. as the information filed by House can- up with the technological advance- SEC. 2. CALL CENTER REQUIREMENTS. didates or others. ments that enable these crimes have (a) IN GENERAL.—A United States corpora- My bill amends the section of the tion or its subsidiaries that utilizes a call election laws dealing with electronic done little to allay concerns. This center to initiate telephone calls to, or re- trend becomes all the more alarming filing to require reports filed with the ceive telephone calls from, individuals lo- Secretary of the Senate to be filed when millions of calls involving per- cated in the United States, shall require sonal financial transactions are routed each employee in the call center to disclose electronically and forwarded to the beyond our borders, where they are not the physical location of such employee at FEC within 24 hours. The FEC is re- protected by our laws and law enforce- the beginning of each telephone call so initi- quired to make available on the Inter- ment. Aside from the very serious con- ated or received. net within 24 hours any filing it re- cerns related to identify theft, there is (b) CERTIFICATION REQUIREMENT.—A cor- ceives electronically. So if this bill is also a consumer awareness element of poration or subsidiary described in sub- enacted, electronic versions of Senate section (a) shall annually certify to the Fed- this problem, as very few Americans reports should be available to the pub- eral Trade Commission whether or not the lic within 48 hours of their filing. That are aware that the person on the other corporation or subsidiary, and the employees end of the telephone line is in another of the corporation or subsidiary at its call will be a vast improvement over the country. Americans should have full centers, have complied with that subsection. current situation, which, according to information about the outsourcing of (c) NONCOMPLIANCE.—A corporation or sub- CFI, requires journalists and interested call center jobs when they decide who sidiary that violates subsection (a) shall be members of the public to review com- they will purchase their products and subject to such civil penalties as the Federal puter images of paper-filed copies of re- services from. Trade Commission prescribes under section ports, and involves a completely waste- The ‘‘Call Center Consumer’s Right 3. ful expenditure of hundreds of thou- (d) CALL CENTER DEFINED.—In this section, sands of dollars to re-enter information to Know Act’’ is a simple and straight- the term ‘‘call center’’ means a location that forward answer to the challenges posed provides customer-based service and sales as- into databases that almost every cam- by these unprecedented service sector sistance or technical assistance and exper- paign has available in electronic for- job losses and growing risks of identity tise to individuals located in the United mat. theft. The bill simply requires call cen- States via telephone, the Internet, or other The current filing system also means ter representatives to disclose their telecommunications and information tech- that the detailed coding that the FEC physical location at the beginning of nology. does, which allows for more sophisti- each phone call. Consumers will there- SEC. 3. FEDERAL TRADE COMMISSION RULES. cated searches and analysis, is com- fore have important information about Not later than 9 months after the date of pleted over a week later for Senate re- who is providing the services in ques- enactment of this Act, the Federal Trade ports than for House reports. This tion and the level of risk involved in Commission shall prescribe rules to provide means that the final disclosure reports for effective monitoring and compliance with proceeding with their transaction by this Act. The Federal Trade Commission’s covering the first 2 weeks of October phone. This legislation will help Amer- rulemaking shall include appropriate civil are not susceptible to detailed scrutiny ican consumers make informed choices penalties for noncompliance with this Act. before the election. about who is providing the services It is time for the Senate to relinquish they purchase, and at the same time, By Mr. FEINGOLD (for himself its Luddite attitude toward campaign addresses the growing problem of U.S. and Mr. MCCAIN): finance disclosure. I urge the enact- corporations moving hundreds of thou- S. 1874. A bill to require Senate can- ment of this simple bill that will make sands of service sector jobs abroad. didates to file designations, state- our reports subject to the same Furthermore, my bill will go a long ments, and reports in electronic form; prompt, public scrutiny as those filed way to restoring consumer confidence to the Committee on Rules and Admin- by PACs and candidates for the other in the booming call center market and istration. body. help provide a measure of security for Mr. FEINGOLD. Mr. President, today I ask unanimous consent that the telephone and Internet consumer I will introduce with the Senator from text of the bill be printed in the transactions. Arizona, Mr. MCCAIN, a bill to bring RECORD.

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14967 There being no objection, the bill was the House, information from the Sen- (for himself and Ms. MIKULSKI) to the bill ordered to be printed in the RECORD, as ate paper reports are often available H.R. 2861, making appropriations for the De- follows: well after the election has occurred. partments of Veterans Affairs and Housing and Urban Development, and for sundry S. 1874 Due to this problem, voters are not independent agencies, boards, commissions, Be it enacted by the Senate and House of Rep- well-informed about the campaign fi- corporations, and offices for the fiscal year resentatives of the United States of America in nance information of their Senators ending September 30, 2004, and for other pur- Congress assembled, and Senate candidates. For voters who poses; which was ordered to lie on the table. SECTION 1. SHORT TITLE. want to consider the nature of the SA 2192. Mrs. FEINSTEIN submitted an This Act may be cited as the ‘‘Senate Cam- campaign finance support received by a amendment intended to be proposed to amendment SA 2150 proposed by Mr. BOND paign Disclosure Parity Act’’. Senate candidate and its relationship (for himself and Ms. MIKULSKI) to the bill SEC. 2. SENATE CANDIDATES REQUIRED TO FILE to Senate legislative votes as a factor H.R. 2861, supra; which was ordered to lie on ELECTION REPORTS IN ELECTRONIC in deciding for whom they will cast a the table. FORM. vote, they clearly cannot. SA 2193. Mr. DAYTON (for himself and Mr. (a) IN GENERAL.—Section 304(a)(11)(D) of COLEMAN) submitted an amendment intended the Federal Election Campaign Act of 1971 (2 To address this problem, our legisla- tion requires Senate candidates to file to be proposed to amendment SA 2150 pro- U.S.C. 434(a)(11)(D)) is amended to read as posed by Mr. BOND (for himself and Ms. MI- their campaign finance reports elec- follows: KULSKI) to the bill H.R. 2861, supra. ‘‘(D) As used in this paragraph, the terms tronically with the Secretary of the SA 2194. Mr. BOND (for Mr. REID (for him- ‘designation’, ‘statement’, or ‘report’ mean a Senate. Within 24 hours of receipt of self and Mr. GRAHAM, of Florida)) proposed designation, statement or report, respec- those reports, the Secretary is required an amendment to amendment SA 2150 pro- tively, which— to forward those reports to the FEC. posed by Mr. BOND (for himself and Ms. MI- ‘‘(i) is required by this Act to be filed with The FEC, in turn is required to make KULSKI) to the bill H.R. 2861, supra. the Commission, or SA 2195. Mr. DURBIN (for himself, Ms. ‘‘(ii) is required under section 302(g) to be those reports available on the Internet SNOWE, Mr. JEFFORDS, Mrs. BOXER, Mr. LAU- filed with the Secretary of the Senate and within 24 hours as they do other re- TENBERG, Ms. CANTWELL, and Mr. LIEBERMAN) forwarded by the Secretary to the Commis- ports. Therefore, electronic versions of proposed an amendment to amendment SA sion.’’ Senate reports will be available to the 2150 proposed by Mr. BOND (for himself and (b) CONFORMING AMENDMENTS.— public within 48 hours of their filing. Ms. MIKULSKI) to the bill H.R. 2861, supra. (1) Section 302(g)(2) of such Act (2 U.S.C. Electronic reports are not only trans- SA 2196. Mr. BOND (for Mr. DASCHLE) pro- 432(g)(2)) is amended by inserting ‘‘or 1 work- posed an amendment to amendment SA 2150 mitted instantly but are more accurate proposed by Mr. BOND (for himself and Ms. ing day in the case of a designation, state- than paper submissions because soft- ment, or report filed electronically’’ after ‘‘2 MIKULSKI) to the bill H.R. 2861, supra. working days’’. ware can easily correct mistakes. On SA 2197. Mr. BOND (for Mr. FEINGOLD) pro- posed an amendment to amendment SA 2150 (2) Section 304(a)(11)(B) of such Act (2 the other hand, hand entering of data proposed by Mr. BOND (for himself and Ms. U.S.C. 434(a)(11)(B)) is amended by inserting is always prone to error. Furthermore, MIKULSKI) to the bill H.R. 2861, supra. ‘‘or filed with the Secretary of the Senate the data in electronic reports can be SA 2198. Mr. BOND (for Ms. CANTWELL (for under section 302(g)(1) and forwarded to the rapidly searched via the Internet for herself, Mr. CARPER, Mr. BROWNBACK, Mr. Commission’’ after ‘‘Act’’. answers to specific questions. Voters HAGEL, Mr. ROBERTS, Mr. NELSON of Ne- (c) EFFECTIVE DATE.—The amendments will no longer have to go through the braska, Mrs. MURRAY, and Mr. DEWINE)) pro- made by this section shall apply to any des- time consuming process of reading posed an amendment to amendment SA 2150 ignation, statement, or report required to be proposed by Mr. BOND (for himself and Ms. filed after the date of enactment of this Act. pages and pages filed by Senate can- didates or Senate party committees to MIKULSKI) to the bill H.R. 2861, supra. Mr. MCCAIN. Mr. President, I am figure out the major donors and their f proud to join Senator RUSS FEINGOLD employers, and the major recipients of TEXT OF AMENDMENTS as a co-sponsor of legislation that will campaign spending. Instead, they can require Senate candidates to file cam- download a filed report from the FEC paign finance reports in electronic SA 2191. Ms. CANTWELL (for herself, website onto their personal computers form. This bill will finally remove the Mr. CARPER, Mr. BROWNBACK, Mr. and quickly locate the information exemption the Senate has given itself HAGEL, Mr. ROBERTS, Mr. NELSON of they need. This creates effective public from an important requirement of Nebraska, Mrs. MURRAY, and Mr. disclosure. campaign finance disclosure laws that DEWINE) submitted an amendment in- The Senate’s current failure to pro- apply to everyone else, including can- tended to be proposed to amendment vide its constituents with electroni- didates for the U.S. House of Rep- SA 2150 by Mr. BOND (for himself and cally disclosed, timely information is resentatives and Political Action Com- Ms. MIKULSKI) to the bill H.R. 2861, unconscionable. Senate filings should mittees, PACs. making appropriations for the Depart- follow the same criteria as other cam- Political committees active in fed- ments of Veterans Affairs and Housing paign finance reports. There must not eral elections must submit their quar- and Urban Development, and for sun- be a separate standard for the Senate. terly financial reports for disclosure by dry independent agencies, boards, com- Ironically, while they do not currently the Federal Election Commission, FEC. missions, corporations, and offices for file electronically, Senators and Sen- Anyone interested can nearly instanta- the fiscal year ending September 30, ate candidates already use electronic neously download the reports from the 2004, and for other purposes; which was software in compiling their paper re- FEC website and conduct computer ordered to lie on the table; as follows: ports. If Senators and Senate can- searches to learn about the contribu- On page 125, between lines 7 and 8, insert didates can use technology to run their the following: tions and expenditures of individual offices and websites, why can’t they SEC. 418. EXTENSION OF CERTAIN PUBLIC HOUS- candidates for the House, non-Senate use it to better inform their own con- ING/SECTION 8 MOVING TO WORK national party committees and PACs. DEMONSTRATION AGREEMENTS. stituents about how their campaigns The current problem is that they can- (a) EXTENSION.—The Secretary of Housing are funded? Their constituents have not do the same for Senate candidates and Urban Development shall extend the earned a right to that information. The and parties because of the Senate’s in- term of the Moving to Work Demonstration public interest will be better served Agreement entered into between a public sistence on paper rather than elec- and voters’ faith in their elected lead- housing agency and the Secretary under sec- tronic filing. The FEC must do more ers will be restored. tion 204, title V, of the Omnibus Consoli- processing of Senate paper reports than dated Rescissions and Appropriations Act of of House electronic ones. This involves f 1996 (Pub. L. 104–134, April 26, 1996) if— printing or copying the Senate reports, AMENDMENTS SUBMITTED AND (1) the public housing agency requests such up to 10,000 pages a day at times, hand- PROPOSED extension in writing; coding transactions that cannot be (2) the public housing agency is not at the automatically processed, and SA 2191. Ms. CANTWELL (for herself, Mr. time of such request for extension in default CARPER, Mr. BROWNBACK, Mr. HAGEL, Mr. under its Moving to Work Demonstration keypunching the data into the elec- ROBERTS, Mr. NELSON of Nebraska, Mrs. Agreement; and tronic database. House electronic re- MURRAY, and Mr. DEWINE) submitted an (3) the Moving to Work Demonstration ports do not need the same treatment. amendment intended to be proposed to Agreement to be extended would otherwise The end result is that in contrast to amendment SA 2150 proposed by Mr. BOND expire on or before December 31, 2004.

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14968 CONGRESSIONAL RECORD — SENATE November 17, 2003 (b) TERMS.—Unless the Secretary of Hous- On page 125, between lines 7 and 8, insert ment to amendment SA 2150 proposed ing and Urban Development and the public the following: by Mr. BOND (for himself and Ms. MI- SEC. 418. There shall be made available housing agency otherwise agree, the exten- KULSKI) to the bill H.R. 2861, making $1,100,000 to the Secretary of Housing and sion under subsection (a) shall be upon the appropriations for the Departments of identical terms and conditions set forth in Urban Development for the purposes of mak- the extending agency’s existing Moving to ing the grant authorized under section 3 of Veterans Affairs and Housing and Work Demonstration Agreement, except that the Paul and Sheila Wellstone Center for Urban Development, and for sundry for each public housing agency that has been Community Building Act. independent agencies, boards, commis- or will be granted an extension to its origi- sions, corporations, and offices for the nal Moving to Work agreement, the Sec- SA 2194. Mr. BOND (for Mr. REID (for fiscal year ending September 30, 2004, retary shall require that data be collected so himself and Mr. GRAHAM of Florida)) and for other purposes; as follows: that the effect of Moving to Work policy proposed an amendment to amendment None of the funds provided in this Act may changes on residents can be measured. SA 2150 proposed by Mr. BOND (for him- be expended to apply, in a numerical esti- (c) EXTENSION PERIOD.—The extension self and Ms. MIKULSKI) to the bill H.R. mate of the benefits of an agency action pre- under subsection (a) shall be for such period 2861, making appropriations for the De- pared pursuant to Executive Order 12866 or as is requested by the public housing agency, partments of Veterans Affairs and section 812 of the Clean Air Act, monetary not to exceed 3 years from the date of expira- Housing and Urban Development, and values for adult premature mortality that tion of the extending agency’s existing Mov- differ based on the age of the adult. ing to Work Demonstration Agreement. for sundry independent agencies, (d) BREACH OF AGREEMENT.—Nothing con- boards, commissions, corporations, and SA 2196. Mr. BOND (for Mr. DASCHLE) tained in this section shall limit the author- offices for the fiscal year ending Sep- proposed an amendment to amendment ity of the Secretary of Housing and Urban tember 30, 2004, and for other purposes; SA 2150 proposed by Mr. BOND (for him- Development to terminate any Moving to as follows: self and Ms. MIKULSKI) to the bill H.R. Work Demonstration Agreement of a public On page 125, between lines 7 and 8, insert housing agency if the public housing agency 2861, making appropriations for the De- the following new section: partments of Veterans Affairs and is in breach of the provisions of such agree- SEC. 418. (a) Congress makes the following ment. findings: Housing and Urban Development, and SEC. 419. STUDY OF MOVING TO WORK PROGRAM. (1) During Operation Desert Shield and Op- for sundry independent agencies, (a) IN GENERAL.—The General Accounting eration Desert Storm (in this section, collec- boards, commissions, corporations, and Office shall conduct a study of the Moving to tively referred to as the ‘‘First Gulf War’’), offices for the fiscal year ending Sep- Work demonstration program to evaluate— the regime of Saddam Hussein committed tember 30, 2004, and for other purposes; (1) whether the statutory goals of the Mov- grave human rights abuses and acts of ter- as follows: ing to Work demonstration program are rorism against the people of Iraq and citizens At the end of title I, add the following: being met; of the United States. SEC. 116. Not later than 120 days after the (2) the effects policy changes related to the (2) United States citizens who were taken date of the enactment of this Act, the Sec- Moving to Work demonstration program prisoner by the regime of Saddam Hussein retary of Veterans Affairs shall enter into an have had on residents; and during the First Gulf War were brutally tor- agreement with the Institute of Medicine of (3) whether public housing agencies par- tured and forced to endure severe physical the National Academy of Sciences under ticipating in the Moving to Work program trauma and emotional abuse. which agreement the Institute of Medicine are meeting the requirements of the Moving (3) The regime of Saddam Hussein used ci- shall develop and evaluate epidemiological to Work demonstration program under law vilian citizens of the United States who were studies on Vietnam veterans in accordance and any agreements with the Department of working in the Persian Gulf region before with the recommendations of the 2003 Na- Housing and Urban Development. and during the First Gulf War as so-called tional Academy of Sciences report entitled (b) REPORT.—Not later than 18 months human shields, threatening the personal ‘‘Characterizing Exposure of Veterans to after the date of enactment of this Act, the safety and emotional well-being of such ci- Agent Orange and Other Herbicides Used in General Accounting Office shall submit to vilians. Vietnam: Interim Findings and Rec- Congress a report on the study conducted (4) Congress has recognized and authorized ommendations’’. under subsection (a). the right of United States citizens, including prisoners of war, to hold terrorist states, SA 2197. Mr. BOND (for Mr. FEIN- SA 2192. Mrs. FEINSTEIN submitted such as Iraq during the regime of Saddam GOLD) proposed an amendment to an amendment intended to be proposed Hussein, liable for injuries caused by such amendment SA 2150 proposed by Mr. to amendment SA 2150 proposed by Mr. states. BOND (for himself and Ms. MIKULSKI) to BOND (for himself and Ms. MIKULSKI) to (5) The United States district courts are the bill H.R. 2861, making appropria- the bill H.R. 2861, making appropria- authorized to adjudicate cases brought by in- dividuals injured by terrorist states. tions for the Departments of Veterans tions for the Departments of Veterans (b) It is the sense of Congress that— Affairs and Housing and Urban Devel- Affairs and Housing and Urban Devel- (1) notwithstanding section 1503 of the opment, and for sundry independent opment, and for sundry independent Emergency Wartime Supplemental Appro- agencies, boards, commissions, cor- agencies, boards, commissions, cor- priations Act, 2003 (Public Law 108–11; 117 porations, and offices for the fiscal porations, and offices for the fiscal Stat. 579) and any other provision of law, a year ending September 30, 2004, and for year ending September 30, 2004, and for citizen of the United States who was a pris- other purposes; as follows: other purposes; which was ordered to oner of war or who was used by the regime of Saddam Hussein and by Iraq as a so-called At the end of title I, insert the following: SEC. 116. No funds appropriated or other- lie on the table; as follows: human shield during the First Gulf War wise made available for the Department of On page 106, strike line 14 and all that fol- should have the opportunity to have any Veterans Affairs by this Act or any other lows through ‘‘PRESIDENT’’ and insert the claim for damages caused by the regime of Act may be obligated or expended to imple- following: Saddam Hussein and by Iraq incurred by ment the policy contained in the memo- as determined by the Administrator. such citizen fully adjudicated in the appro- randum of the Department of Veterans Af- EXECUTIVE OFFICE OF THE PRESIDENT priate United States district court; fairs dated July 18, 2002, from the Deputy (2) any judgment for such damages award- Under Secretary for Health for Operations ed to such citizen, or the family of such cit- Mr. DAYTON (for himself and Management with the subject ‘‘Status of SA 2193. izen, should be fully enforced; and VHA Enrollment and Associated Issues’’ or and Mr. COLEMAN) submitted an (3) the Attorney General should enter into any other policy prohibiting the Directors of amendment intended to be proposed to negotiations with each such citizen, or the the Veterans Integrated Service Networks amendment SA 2150 proposed by Mr. family of each such citizen, to develop a fair (VISNs) from conducting outreach or mar- BOND (for himself and Ms. MIKULSKI) to and reasonable method of providing com- keting to enroll new veterans within their pensation for the damages each such citizen the bill H.R. 2861, making appropria- Networks. tions for the Departments of Veterans incurred, including using assets of the re- Affairs and Housing and Urban Devel- gime of Saddam Hussein held by the Govern- SA 2198. Mr. BOND (for Ms. CANT- ment of the United States or any other ap- opment, and for sundry independent WELL (for herself, Mr. CARPER, Mr. propriate sources to provide such compensa- agencies, boards, commissions, cor- tion. BROWNBACK, Mr. HAGEL, Mr. ROBERTS, porations, and offices for the fiscal Mr. NELSON of Nebraska, Mrs. MURRAY, year ending September 30, 2004, and for SA 2195. Mr. DURBIN (for himself, and Mr. DEWINE)) proposed an amend- other purposes; as follows: Ms. SNOWE, Mr. JEFFORDS, Mrs. BOXER, ment to amendment SA 2150 proposed On page 58, line 21, strike ‘‘$1,112,130,000’’ Mr. LAUTENBERG, Ms. CANTWELL, and by Mr. BOND (for himself and Ms. MI- and insert ‘‘$1,111,030,000’’. Mr. LIEBERMAN) proposed an amend- KULSKI) to the bill H.R. 2861, making

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14969 appropriations for the Departments of conduct a markup on Monday, Novem- and electronic evidence gathering. An Veterans Affairs and Housing and ber 17, 2003, at 5:40 p.m. in the Presi- overview of the Convention’s provi- Urban Development, and for sundry dent’s Room 216, The Capitol. Note: sions is provided in the report of the independent agencies, boards, commis- This markup was rescheduled from Department of State. The report also sions, corporations, and offices for the Thursday, November 13, 2003. sets forth proposed reservations and fiscal year ending September 30, 2004, declarations that would be deposited and for other purposes; as follows: Agenda: by the United States with its instru- On page 125, between lines 7 and 8, insert I. Nominations: Henry W. Saad to be ment of ratification. With these res- the following: U.S. Circuit Judge for the Sixth Cir- ervations and declarations, the Con- SEC. 418. EXTENSION OF CERTAIN PUBLIC HOUS- cuit; James B. Comey to be Deputy At- vention would not require imple- ING/SECTION 8 MOVING TO WORK torney General; Michael J. Garcia to be menting legislation for the United DEMONSTRATION AGREEMENTS. Assistant Secretary of U.S. Immigra- States. (a) EXTENSION.—The Secretary of Housing tion and Customs Enforcement; Claude The Convention promises to be an ef- and Urban Development shall extend the A. Allen to be U.S. Circuit Judge for fective tool in the global effort to com- term of the Moving to Work Demonstration bat computer-related crime. It requires Agreement entered into between a public the Fourth Circuit; and Federico L. housing agency and the Secretary under sec- Rocha to be U.S. Marshal for the Parties to criminalize, if they have not tion 204, title V, of the Omnibus Consoli- Northern District of California. already done so, certain conduct that dated Rescissions and Appropriations Act of II. Bills: H.R. 1437—To improve the is committed through, against, or re- 1996 (Pub. L. 104–134, April 26, 1996) if— United States Code [Sensenbrenner, lated to computer systems. Such sub- (1) the public housing agency requests such Conyers]; S. Res. 253—To recognize the stantive crimes include offenses extension in writing; evolution and importance of motor- against the ‘‘confidentiality, integrity (2) the public housing agency is not at the sports [Campbell, Kyl]. and availability’’ of computer data and time of such request for extension in default The PRESIDING OFFICER. Without systems, as well as using computer sys- under its Moving to Work Demonstration tems to engage in conduct that would Agreement; and objection, it is so ordered. be criminal if committed outside the (3) the Moving to Work Demonstration f Agreement to be extended would otherwise cyber-realm, i.e., forgery, fraud, child expire on or before December 31, 2004. PRIVILEGES OF THE FLOOR pornography, and certain copyright-re- (b) TERMS.—Unless the Secretary of Hous- lated offenses. The Convention also re- Mr. HARKIN. Mr. President, first I ing and Urban Development and the public quires Parties to have the ability to in- ask unanimous consent that Theresa housing agency otherwise agree, the exten- vestigate computer-related crime effec- Frueh of my office be given privileges sion under subsection (a) shall be upon the tively and to obtain electronic evi- of the floor tonight and tomorrow. identical terms and conditions set forth in dence in all types of criminal inves- the extending agency’s existing Moving to The PRESIDING OFFICER. Without tigations and proceedings. Work Demonstration Agreement, except that objection, it is so ordered. for each public housing agency that has been By providing for broad international or will be granted an extension to its origi- f cooperation in the form of extradition and mutual legal assistance, the nal Moving to Work agreement, the Sec- REMOVAL OF INJUNCTION OF SE- retary shall require that data be collected so Cybercrime Convention would remove CRECY—TREATY DOCUMENT NO. that the effect of Moving to Work policy or minimize legal obstacles to inter- changes on residents can be measured. 108–11 national cooperation that delay or en- (c) EXTENSION PERIOD.—The extension Mr. KYL. Mr. President, as in execu- danger U.S. investigations and prosecu- under subsection (a) shall be for such period tive session, I ask unanimous consent tions of computer-related crime. As as is requested by the public housing agency, that the injunction of secrecy be re- such, it would help deny ‘‘safe havens’’ not to exceed 3 years from the date of expira- tion of the extending agency’s existing Mov- moved from the following treaty trans- to criminals, including terrorists, who ing to Work Demonstration Agreement. mitted to the Senate on November 17, can cause damage to U.S. interests (d) BREACH OF AGREEMENT.—Nothing con- 2003, by the President of the United from abroad using computer systems. tained in this section shall limit the author- States: At the same time, the Convention con- ity of the Secretary of Housing and Urban Cybercrime Convention (Treaty Document tains safeguards that protect civil lib- Development to terminate any Moving to 108–11). erties and other legitimate interests. Work Demonstration Agreement of a public I recommend that the Senate give housing agency if the public housing agency I further ask that the treaty be con- sidered as having been read the first early and favorable consideration to is in breach of the provisions of such agree- the Cybercrime Convention, and that it ment. time; that it be referred, with accom- panying papers, to the Committee on give its advice and consent to ratifica- SEC. 419. STUDY OF MOVING TO WORK PROGRAM. tion, subject to the reservations, dec- (a) IN GENERAL.—The General Accounting Foreign Relations and ordered to be Office shall conduct a study of the Moving to printed; and that the President’s mes- larations, and understanding described Work demonstration program to evaluate— sage be printed in the RECORD. in the accompanying report of the De- (1) whether the statutory goals of the Mov- The PRESIDING OFFICER. Without partment of State. ing to Work demonstration program are objection, it is so ordered. GEORGE W. BUSH. THE WHITE HOUSE, November 17, 2003. being met; The message of the President is as (2) the effects policy changes related to the f Moving to Work demonstration program follows: have had on residents; and To the Senate of the United States: APPOINTMENT (3) whether public housing agencies par- With a view to receiving the advice The PRESIDING OFFICER. The ticipating in the Moving to Work program and consent of the Senate to ratifica- Chair, on behalf of the Majority Lead- are meeting the requirements of the Moving tion, I transmit herewith the Council er, pursuant to Public Law 96–114, as to Work demonstration program under law of Europe Convention on Cybercrime and any agreements with the Department of amended, announces the appointment (the ‘‘Cybercrime Convention’’ or the of John M. Falk, of Washington, DC, to Housing and Urban Development. ‘‘Convention’’), which was signed by (b) REPORT.—Not later than 18 months be Chairman of the Congressional after the date of enactment of this Act, the the United States on November 23, 2001. Award Board. In addition, for the information of the General Accounting Office shall submit to f Congress a report on the study conducted Senate, I transmit the report of the De- under subsection (a). partment of State with respect to the PRIVATE SECURITY OFFICER EM- f Convention and the Convention’s offi- PLOYMENT AUTHORIZATION ACT cial Explanatory Report. OF 2003 AUTHORITY FOR COMMITTEES TO The United States, in its capacity as Mr. KYL. Mr. President, I ask unani- MEET an observer at the Council of Europe, mous consent that the Senate proceed COMMITTEE ON THE JUDICIARY participated actively in the elabo- to the immediate consideration of Cal- Mr. KYL. Mr. President, I ask unani- ration of the Convention, which is the endar No. 322, S. 1743. mous consent that the Committee on only multilateral treaty to address the The PRESIDING OFFICER. The the Judiciary be authorized to meet to problems of computer-related crime clerk will state the bill by title.

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14970 CONGRESSIONAL RECORD — SENATE November 17, 2003 The legislative clerk read as follows: (A) means an individual other than an em- (ii) a participating State that has State A bill ( S. 1743) to permit reviews of crimi- ployee of a Federal, State, or local govern- standards for qualification to be a private se- nal records of applicants for private security ment, whose primary duty is to perform se- curity officer, the State shall use the infor- officer employment. curity services, full- or part-time, for consid- mation received pursuant to this Act in ap- eration, whether armed or unarmed and in plying the State standards and shall only no- There being no objection, the Senate uniform or plain clothes (except for services tify the employer of the results of the appli- proceeded to consider the bill. excluded from coverage under this Act if the cation of the State standards. Mr. KYL. Mr. President, I ask unani- Attorney General determines by regulation (5) FREQUENCY OF REQUESTS.—An author- mous consent that the bill be read the that such exclusion would serve the public ized employer may request a criminal his- third time and passed, the motion to interest); but tory record information search for an em- reconsider be laid upon the table with (B) does not include— ployee only once every 12 months of contin- no intervening action or debate; that (i) employees whose duties are primarily uous employment by that employee unless any statements relating to this meas- internal audit or credit functions; the authorized employer has good cause to (ii) employees of electronic security sys- submit additional requests. ure be printed in the RECORD. tem companies acting as technicians or mon- The PRESIDING OFFICER. Without (b) REGULATIONS.—Not later than 180 days itors; or after the date of enactment of this Act, the objection, it is so ordered. (iii) employees whose duties primarily in- Attorney General shall issue such final or in- The bill (S. 1743) was read the third volve the secure movement of prisoners. terim final regulations as may be necessary time and passed, as follows: (4) SECURITY SERVICES.—The term ‘‘secu- to carry out this Act, including— S. 1743 rity services’’ means acts to protect people (1) measures relating to the security, con- Be it enacted by the Senate and House of Rep- or property as defined by regulations pro- fidentiality, accuracy, use, submission, dis- resentatives of the United States of America in mulgated by the Attorney General. semination, destruction of information and Congress assembled, (5) STATE IDENTIFICATION BUREAU.—The audits, and recordkeeping; term ‘‘State identification bureau’’ means SECTION 1. SHORT TITLE. (2) standards for qualification as an au- This Act may be cited as the ‘‘Private Se- the State entity designated by the Attorney thorized employer; and curity Officer Employment Authorization General for the submission and receipt of (3) the imposition of reasonable fees nec- Act of 2003’’. criminal history record information. essary for conducting the background SEC. 4. CRIMINAL HISTORY RECORD INFORMA- SEC. 2. FINDINGS. checks. TION SEARCH. Congress finds that— (c) CRIMINAL PENALTIES FOR USE OF INFOR- (a) IN GENERAL.— (1) employment of private security officers MATION.—Whoever knowingly and inten- (1) SUBMISSION OF FINGERPRINTS.—An au- in the United States is growing rapidly; tionally uses any information obtained pur- thorized employer may submit to the State suant to this Act other than for the purpose (2) private security officers function as an identification bureau of a participating adjunct to, but not a replacement for, public of determining the suitability of an indi- State, fingerprints or other means of posi- vidual for employment as a private security law enforcement by helping to reduce and tive identification, as determined by the At- prevent crime; officer shall be fined under title 18, United torney General, of an employee of such em- States Code, or imprisoned for not more than (3) such private security officers protect ployer for purposes of a criminal history individuals, property, and proprietary infor- 2 years, or both. record information search pursuant to this (d) USER FEES.— mation, and provide protection to such di- Act. verse operations as banks, hospitals, re- (1) IN GENERAL.—The Director of the Fed- (2) EMPLOYEE RIGHTS.— eral Bureau of Investigation may— search and development centers, manufac- (A) PERMISSION.—An authorized employer turing facilities, defense and aerospace con- (A) collect fees to process background shall obtain written consent from an em- checks provided for by this Act; and tractors, high technology businesses, nuclear ployee to submit to the State identification power plants, chemical companies, oil and (B) establish such fees at a level to include bureau of a participating State the request an additional amount to defray expenses for gas refineries, airports, communication fa- to search the criminal history record infor- cilities and operations, office complexes, the automation of fingerprint identification mation of the employee under this Act. and criminal justice information services schools, residential properties, apartment (B) ACCESS.—An authorized employer shall and associated costs. complexes, gated communities, and others; provide to the employee confidential access (2) LIMITATIONS.—Any fee collected under (4) sworn law enforcement officers provide to any information relating to the employee this subsection— significant services to the citizens of the received by the authorized employer pursu- (A) shall, consistent with Public Law 101– United States in its public areas, and are ant to this Act. 515 and Public Law 104–99, be credited to the supplemented by private security officers; (3) PROVIDING INFORMATION TO THE STATE appropriation to be used for salaries and (5) the threat of additional terrorist at- IDENTIFICATION BUREAU.—Upon receipt of a other expenses incurred through providing tacks requires cooperation between public request for a criminal history record infor- the services described in such Public Laws and private sectors and demands profes- mation search from an authorized employer and in paragraph (1); sional, reliable, and responsible security offi- pursuant to this Act, submitted through the cers for the protection of people, facilities, State identification bureau of a partici- (B) shall be available for expenditure only and institutions; pating State, the Attorney General shall— to pay the costs of such activities and serv- (6) the trend in the Nation toward growth (A) search the appropriate records of the ices; and in such security services has accelerated rap- Criminal Justice Information Services Divi- (C) shall remain available until expended. TATE COSTS.—Nothing in this Act shall idly; sion of the Federal Bureau of Investigation; (3) S be construed as restricting the right of a (7) such growth makes available more pub- and State to assess a reasonable fee on an au- lic sector law enforcement officers to combat (B) promptly provide any resulting identi- thorized employer for the costs to the State serious and violent crimes, including ter- fication and criminal history record infor- of administering this Act. rorism; mation to the submitting State identifica- (e) STATE OPT OUT.—A State may decline (8) the American public deserves the em- tion bureau requesting the information. to participate in the background check sys- ployment of qualified, well-trained private (4) USE OF INFORMATION.— tem authorized by this Act by enacting a law security personnel as an adjunct to sworn (A) IN GENERAL.—Upon receipt of the or issuing an order by the Governor (if con- law enforcement officers; and criminal history record information from sistent with State law) providing that the (9) private security officers and applicants the Attorney General by the State identi- State is declining to participate pursuant to for private security officer positions should fication bureau, the information shall be this subsection. be thoroughly screened and trained. used only as provided in subparagraph (B). SEC. 3. DEFINITIONS. (B) TERMS.—In the case of— f In this Act: (i) a participating State that has no State MEASURE READ THE FIRST (1) EMPLOYEE.—The term ‘‘employee’’ in- standards for qualification to be a private se- TIME—S. 1875 cludes both a current employee and an appli- curity officer, the State shall notify an au- cant for employment as a private security thorized employer as to the fact of whether Mr. KYL. Mr. President, I understand officer. an employee has been— that S. 1875, which was introduced ear- (2) AUTHORIZED EMPLOYER.—The term ‘‘au- (I) convicted of a felony, an offense involv- lier today, is at the desk, and I ask for thorized employer’’ means any person that— ing dishonesty or a false statement if the its first reading. (A) employs private security officers; and conviction occurred during the previous 10 The PRESIDING OFFICER. The (B) is authorized by regulations promul- years, or an offense involving the use or at- clerk will read the title of the bill for gated by the Attorney General to request a tempted use of physical force against the criminal history record information search person of another if the conviction occurred the first time. of an employee through a State identifica- during the previous 10 years; or The assistant legislative clerk read tion bureau pursuant to this section. (II) charged with a criminal felony for as follows: (3) PRIVATE SECURITY OFFICER.— The term which there has been no resolution during A bill (S. 1875) to amend the Employee Re- ‘‘private security officer’’— the preceding 365 days; or tirement Income Security Act of 1974, the

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — SENATE S14971 Public Health Service Act, and the Internal THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT For the remainder of the day, the TO THE GRADE INDICATED IN THE UNITED STATES ARMY Revenue Code of 1986 to extend the mental Senate will consider any legislative or MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., health benefits parity provisions for an addi- executive items that are available for SECTIONS 624 AND 3064: tional year. action. Last week, we reached a unani- To be colonel Mr. KYL. Mr. President, I now ask mous consent agreement limiting the GASTON P. BATHALON, 0000 for its second reading and object to fur- debate on the nomination of Robert STEVEN D. HUNTE, 0000 ther proceedings on the matter. Clark to be a lieutenant general in the PAULA J. RUTAN, 0000 The PRESIDING OFFICER. Objec- Army, and the Senate may take up the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT nomination tomorrow. In addition, the TO THE GRADE INDICATED IN THE RESERVE OF THE tion is heard. The bill will receive its ARMY UNDER TITLE 10, U.S.C., SECTION 12203: Senate may take up appropriations second reading on the next legislative conference reports as they become To be colonel day. available. Therefore, Senators should WILLIAM B. CARR JR., 0000 f expect rollcall votes throughout the day tomorrow. I NOMINATE THE FOLLOWING NAMED INDIVIDUALS APPOINTMENT OF ADDITIONAL FOR APPOINTMENT IN THE GRADE INDICATED IN THE f RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION CONFEREES 12203: Mr. KYL. Mr. President, I ask unani- ADJOURNMENT UNTIL 9:30 A.M. TOMORROW To be colonel mous consent that the number of con- Mr. KYL. Mr. President, if there is no JOHN E. ATWOOD, 0000 ferees appointed for H.R. 2673, the Agri- CRAIG B. COLLIER, 0000 further business to come before the WILLIAM E. ZOESCH, 0000 culture appropriations bill for fiscal Senate, I ask unanimous consent that year 2004, be expanded to include the THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT the Senate stand in adjournment under TO THE GRADE INDICATED IN THE RESERVE OF THE following additional members of the the previous order. ARMY UNDER TITLE 10, U.S.C., SECTION 12203: Senate Appropriations Committee: There being no objection, the Senate, To be colonel Senators DOMENICI, SHELBY, GREGG, at 7:41 p.m., adjourned until Tuesday, CHERYL KYLE, 0000 CAMPBELL, HUTCHISON, DEWINE, November 18, 2003, at 9:30 a.m. TERRY C. WASHAM, 0000 f INOUYE, HOLLINGS, LEAHY, MIKULSKI, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT REID, and MURRAY. TO THE GRADE INDICATED IN THE UNITED STATES ARMY NOMINATIONS VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS The PRESIDING OFFICER. Without Executive nominations received by 624 AND 3064: objection, it is so ordered. the Senate November 17, 2003: To be colonel f DEPARTMENT OF TRANSPORTATION MICHAEL A. BULEY, 0000 ORDERS FOR TUESDAY, FRANCIS MULVEY, OF MARYLAND, TO BE A MEMBER OF DAVID S. ROLFE, 0000 THE SURFACE TRANSPORTATION BOARD FOR A TERM PAUL W. SCHMIDT, 0000 NOVEMBER 18, 2003 EXPIRING DECEMBER 31, 2007, VICE WAYNE O. BURKES, DAVID R. SCHUCKENBROCK, 0000 Mr. KYL. Mr. President, I ask unani- RESIGNED. PETER J. SCHULTHEISS, 0000 W. DOUGLAS BUTTREY, OF TENNESSEE, TO BE A MEM- JOHN P. SKVORAK, 0000 mous consent that when the Senate BER OF THE SURFACE TRANSPORTATION BOARD FOR A STANLEY E. SMITH, 0000 TERM EXPIRING DECEMBER 31, 2008, VICE LINDA JOAN BOB E. WALTERS, 0000 completes its business today, it ad- MORGAN, RESIGNED. GARY M. ZAUCHA, 0000 journ until 9:30 a.m., Tuesday, Novem- DEPARTMENT OF STATE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ber 18. I further ask unanimous consent TO THE GRADE INDICATED IN THE UNITED STATES ARMY that following the prayer and the JAMES C. OBERWETTER, OF TEXAS, TO BE AMBAS- NURSE CORPS AND FOR REGULAR APPOINTMENT (IDEN- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF TIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C., SEC- pledge, the morning hour be deemed THE UNITED STATES OF AMERICA TO THE KINGDOM OF TIONS 624, 531, AND 3064: SAUDI ARABIA. expired, the Journal of proceedings be GLYN T. DAVIES, OF THE DISTRICT OF COLUMBIA, A CA- approved to date, the time for the two REER MEMBER OF THE SENIOR FOREIGN SERVICE, To be colonel CLASS OF MINISTER-COUNSELOR, FOR THE RANK OF AM- leaders be reserved for their use later BASSADOR DURING HIS TENURE OF SERVICE AS THE PO- JULIA A. ADAMS, 0000 in the day, and the Senate then pro- LITICAL DIRECTOR FOR THE UNITED STATES PRESI- CARYL J. DOWELL, 0000 DENCY OF THE G–8. ELLEN E. FORSTER, 0000 ceed to executive session to consider HOGSTON S. HAGA, 0000 the nomination of Thomas Dorr, with CORPORATION FOR PUBLIC BROADCASTING MARGARET A. HAWTHORNE, 0000 BARBARA J. HECTOR, 0000 the time until 10:30 a.m. equally di- GAY HART GAINES, OF FLORIDA, TO BE A MEMBER OF JOSEPH J. HELMINIAK, 0000 THE BOARD OF DIRECTORS OF THE CORPORATION FOR TEMPSIE L. JONES, 0000 vided between the chairman and rank- PUBLIC BROADCASTING FOR A TERM EXPIRING JANU- RONALD S. KEEN, 0000 ing member of the Agriculture Com- ARY 31, 2010, VICE RITAJEAN HARTUNG BUTTERWORTH, JAMES M. LARSEN, 0000 mittee, or their designees; provided, TERM EXPIRING. PATTI A. *LEDERER, 0000 IN THE AIR FORCE STEPHEN W. LOMAX, 0000 that at 10:30 a.m., the Senate proceed CONSTANCE J. MOORE, 0000 to the two cloture votes in relation to THE FOLLOWING NAMED OFFICER FOR REGULAR AP- JOHN H. MORSE, 0000 POINTMENT IN THE GRADE INDICATED IN THE UNITED WAYNE C. NYGREN, 0000 the nomination; that following the two STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS 531 DIANA L. RUZICKA, 0000 AND 1552: FATEMEH T. STRITMATTER, 0000 votes, and regardless of the outcome of JANET L. WILSON, 0000 either vote, the Senate return to legis- To be lieutenant colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT lative session and resume consider- ROBERT G. CATES III, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY ation of H.R. 2861, the VA–HUD appro- MEDICAL SERVICE CORPS AND FOR REGULAR APPOINT- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MENT (IDENTIFIED BY AN ASTERISK(*)) UNDER TITLE 10, priations bill. I further ask unanimous TO THE GRADE INDICATED IN THE UNITED STATES AIR U.S.C., SECTIONS 624, 531, AND 3064: consent that the Senate recess from FORCE, UNDER TITLE 10, U.S.C., SECTIONS 624 AND 1552: 12:30 p.m. to 2:15 p.m. for the weekly To be lieutenant colonel To be colonel party luncheons. MARY J. QUINN, 0000 STEPHEN G. BEARDSLEY III, 0000 FRED H. BROWN JR., 0000 The PRESIDING OFFICER. Without THE FOLLOWING NAMED OFFICERS FOR A REGULAR WAYNE W. CLARK, 0000 objection, it is so ordered. APPOINTMENT IN THE GRADE INDICATED IN THE UNITED KAYLENE M. CURTIS, 0000 STATES AIR FORCE UNDER TITLE 10, U. S. C., SECTION 531: MARK K. DAVIS, 0000 f HAROLD C. *DICKENS, 0000 To be lieutenant colonel BEAU J. FREUND, 0000 PROGRAM DAVID E. FULBRIGHT, 0000 CHRISTOPHER C. ERICKSON, 0000 JOHN A. GIDDENS, 0000 Mr. KYL. Mr. President, for the in- MARK A. MCCLAIN, 0000 DONALD L. GOODE, 0000 RONALD A. HAMILTON, 0000 formation of all Senators, tomorrow IN THE ARMY CHRISTOPHER J. HARRINGTON, 0000 the Senate will consider the nomina- MARK W. HEGERLE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SHEILA A. HOBBS, 0000 tion of Thomas Dorr to be Under Sec- TO THE GRADE INDICATED IN THE RESERVE OF THE RICHARD N. JOHNSON, 0000 retary of Agriculture for Rural Devel- ARMY UNDER TITLE 10, U.S.C., SECTION 12203: GEORGE W. KORCH, 0000 To be colonel MICHAEL J. KRUKAR, 0000 opment and to be a member of the TIMOTHY E. LAMB, 0000 board of directors of the Commodity CHERYL KYLE, 0000 VASEAL M. LEWIS, 0000 TERRY C. WASHAM, 0000 ANGEL L. LUGO, 0000 Credit Corporation. At 10:30 a.m., the COLEEN K. MARTINEZ, 0000 Senate will proceed to two cloture THE FOLLOWING NAMED ARMY NATIONAL GUARD OF WENDY L. MARTINSON, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO REGINALD A. MILLER, 0000 votes in relation to the nomination. THE GRADE INDICATED IN THE RESERVE OF THE ARMY ULMONT C. NANTON JR., 0000 Those two votes will be the first votes UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ANTONIO F. REYES, 0000 JAMES S. RICE, 0000 of tomorrow’s session. To be colonel MARTHA A. SANDERS, 0000 EDWARD R. SCHOWALTER III, 0000 Following the two cloture votes, the JOHN D. MCGOWAN II, 0000 JOHN C. SHERO, 0000 Senate will resume consideration of KENNETH E. NETTLES, 0000 PATRICK O. WILSON, 0000 the VA–HUD appropriations bill. It is THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the hope and expectation of the major- THE UNITED STATES OFFICERS FOR APPOINTMENT TO TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE GRADE INDICATED IN THE RESERVE OF THE ARMY AND FOR REGULAR APPOINTMENT UNDER TITLE 10, ity leader that we will be able to dis- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: U.S.C., SECTIONS 624 AND 531: pose of the remaining amendments To be colonel quickly and move to vote on passage of To be lieutenant colonel VERNAL G. ANDERSON, 0000 the bill. DONALD J. KERR, 0000 GARY R. MCMEEN, 0000

VerDate Mar 15 2010 21:29 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 8476 E:\2003SENATE\S17NO3.REC S17NO3 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 17, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2299 EXTENSIONS OF REMARKS

PRIVATE CALENDAR tory unless dispensed with by a two-thirds vember 17, 2003, the Members of the Private vote. On the third Tuesday, however, recogni- Calendar Objectors Committee have agreed HON. HOWARD COBLE tion for consideration of the Private Calendar that during the 108th Congress, they will con- OF NORTH CAROLINA is within the discretion of the Speaker and sider only those bills which have been on the IN THE HOUSE OF REPRESENTATIVES does not take precedence over other privi- Private Calendar for a period of seven (7) leged business in the House. days, excluding the day the bill is reported and Monday, November 17, 2003 On the first Tuesday of each month, after the day the calendar is called. Reports must Mr. COBLE. Mr. Speaker, my colleagues, disposition of business on the Speaker’s table be available to the Objectors for three (3) cal- Mr. CHABOT, Mr. BOUCHER, Mr. SCHIFF, Mr. for reference only, the Speaker directs the call endar days. GRIJALVA, Mrs. BLACKBURN and I would like to of the Private Calendar. If a bill called is ob- It is agreed that the majority and minority take this opportunity to set forth some of the jected to by two or more Members, it is auto- clerks will not submit to the Objectors any bills history behind, as well as describe the work- matically recommitted to the Committee re- which do not meet this requirement. ings of the Private Calendar. I hope this might porting it. No reservation of objection is enter- This policy will be strictly enforced except be of some value to the Members of this tained. Bills unobjected to are considered in during the closing days of a session when the House, especially our newer colleagues. the House in the Committee of the Whole. House rules are suspended. Of the five House Calendars, the Private On the third Tuesday of each month, the This agreement was entered into by: The Calendar is the one to which all Private Bills same procedure is followed with the exception gentleman from North Carolina (Mr. COBLE), are referred. Private Bills deal with specific in- that omnibus bills embodying bills previously the gentleman from Ohio (Mr. CHABOT), the dividuals, corporations, institutions, and so rejected have preference and are in order re- gentlelady from Tennessee (Mrs. BLACKBURN), forth, as distinguished from public bills which gardless of objection. the gentleman from Virginia (Mr. BOUCHER), deal with classes only. Such omnibus bills are read by paragraph, the gentleman from California (Mr. SCHIFF), Of the 108 laws approved by the First Con- and no amendments are entertained except to and the gentleman from Arizona (Mr. gress, only 5 were Private Laws. But their strike out or reduce amounts or provide limita- GRIJALVA). number quickly grew as the wars of the new tions. Matters so stricken out shall not be I feel confident that I speak for my col- Republic produced veterans and veterans’ again included in an omnibus bill during that leagues when I request all Members to enable widows seeking pensions and as more citi- session. Debate is limited to motions allowable us to give the necessary advance consider- zens came to have private claims and de- under the rule and does not admit motions to ations to private bills by not asking that we de- mands against the Federal Government. The strike out the last word or reservation of objec- part from the above agreement unless abso- 49th Congress, 1885 to 1887, the first Con- tions. The rules prohibit the Speaker from rec- lutely necessary. gress for which complete workload and output ognizing Members for statements or for re- HOWARD COBLE. data is available, passed 1,031 Private Laws, quests for unanimous consent for debate. Om- STEVE CHABOT. as compared with 434 Public Laws. At the turn nibus bills so passed are thereupon resolved MARSHA BLACKBURN. RICK BOUCHER. of the century the 56th Congress passed in their component bills, which are engrossed ADAM SCHIFF. 1,498 Private Laws and 443 Public Laws—a separately and disposed of as if passed sepa- RAUL GRIJALVA. rately. better than three to one ratio. f Private bills were referred to the Committee Private Calendar bills unfinished on one on the Whole House as far back as 1820, and Tuesday go over to the next Tuesday on HONORING THE COX FAMILY a calendar of private bills was established in which such bills are in order and are consid- 1839. These bills were initially brought before ered before the call of bills subsequently on HON. GEORGE RADANOVICH the House by special orders, but the 62nd the calendar. Omnibus bills follow the same OF CALIFORNIA Congress changed this procedure by its rule procedure and go over to the next Tuesday on IN THE HOUSE OF REPRESENTATIVES XXIV, clause six which provided for the con- which that class of business is again in order. sideration of the Private Calendar in lieu of When the previous question is ordered on a Monday, November 17, 2003 special orders. This rule was amended in Private Calendar bill, the bill comes up for dis- Mr. RADANOVICH. Mr. Speaker, I rise 1932, and then adopted in its present form on position on the next legislative day. today to honor the Cox Family for its meri- March 22, 1935. Mr. Speaker, I would also like to describe to torious dedication to the United States Armed A determined effort to reduce the private bill the newer Members the Official Objectors Forces. The Cox family has exemplified her- workload of the Congress was made in the Committee, the system the House has estab- oism throughout the years through their serv- Legislative Reorganization Act of 1946. Sec- lished to deal with the great volume of Private ice during World War II and the Korean War. tion 131 of that Act banned the introduction or Bills. The nine sisters and eight brothers of the the consideration of four types of private bills; The Majority Leader and the Minority Leader Cox Family are the children of (Joseph) Riley first, those authorizing the payment of money each appoint three Members to serve as Pri- and Mattie Cox. Eleven of the 17 children for pensions; second, for personal or property vate Calendar Objectors during a Congress. served in the United States Armed Forces with damages for which suit may be brought under The Objectors are on the Floor ready to object nearly 70 years combined service. The family the Federal tort claims procedure; third, those to any Private Bill which they feel is objection- began enlisting in the Armed Forces in 1943. authorizing the construction of a bridge across able for any reason. Seated near then to pro- Elijah, Warren, and Paula served in the United a navigable stream, or fourth, those author- vide technical assistance are the majority and States Army. Mary, Sonja, and Paul served in izing the correction of a military or naval minority legislative clerks. the United States Air Force, as did James who record. Should any Member have a doubt or ques- had previously enlisted in the United States This ban afforded some temporary relief but tion about a particular Private Bill, he or she Army. Joseph served in the United States was soon offset by the rising postwar and cold can get assistance from objectors, their clerks, Navy, along with Clarence who later joined the war flood for private immigration bills. The or from the Member who introduced the bill. Army and Air Force. Herbert first served in the 82nd Congress passed 1,023 Private Laws, as The great volume of private bills and the de- United States Maritime Service, then in the compared with 594 Public Laws. The 88th sire to have an opportunity to study them United States Army. Jerry served over 20 Congress passed 360 Private Laws compared carefully before they are called on the Private years in the United States Coast Guard. with 666 Public Laws. Calendar has caused the six objectors to The Cox family’s time in the service dem- Under rule XXIV, clause six, the Private Cal- agree upon certain ground rules. The rules onstrates their commitment to our country. endar is called the first and third Tuesday of limit consideration of bills placed on the Pri- The contributions the Cox family made during each month. The consideration of the Private vate Calendar only shortly before the calendar our times of war and peace have gone above Calendar bills on the first Tuesday is manda- is called. With this agreement, adopted on No- and beyond the normal call of duty.

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

VerDate jul 14 2003 04:44 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.058 E17PT1 E2300 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2003 Mr. Speaker, I rise today to honor the Cox countless sacrifices made by so many and of IN RECOGNITION OF MR. LIONEL Family for its patriotism and courageous ef- the courage displayed by all Veterans’ who A. KAPLAN, ESQ. forts to promote freedom and democracy. I in- have served our country with great honor and vite my colleagues to join me in conveying pride. deep gratitude to the Cox Family. Mr. Speaker, in closing, I am proud to intro- HON. FRANK PALLONE, JR. f duce H. Con. Res. 262 and to honor the flag and the song that are the symbols of America. OF NEW JERSEY THE NATIONAL ANTHEM I call upon my colleagues for their unanimous IN THE HOUSE OF REPRESENTATIVES ‘‘SINGAMERICA’’ COMMEMORA- support in passing the SingAmerica Act. TION PROJECT Monday, November 17, 2003 f HON. TOM DAVIS PERSONAL EXPLANATION Mr. PALLONE. Mr. Speaker, I rise today to honor the esteemed Mr. Lionel A. Kaplan, OF VIRGINIA ESQ, a man devoted to his community. On IN THE HOUSE OF REPRESENTATIVES HON. ROB PORTMAN November 10, 2003 The Orthodox Union’s In- OF OHIO Monday, November 17, 2003 stitute for Public Affairs, which serves the Or- IN THE HOUSE OF REPRESENTATIVES Mr. TOM DAVIS of Virginia. Mr. Speaker, I thodox community as the central voice for rise today in strong support of H. Con. Res. Monday, November 17, 2003 public policy advocacy and religious liberties, 262, the National Anthem ‘‘SingAmerica’’ Mr. PORTMAN. Mr. Speaker, on November will present Mr. Kaplan with the National Dis- Project, and to bring to the attention of my col- 5, 2003, I was unavoidably detained and tinguished Leadership Award. leagues this wonderful, new national initiative missed the vote on rollcall No. 609 on H.R. Mr. Kaplan’s extraordinary devotion to Israel to commemorate American patriotic music and 3365, the Fallen Patriots Tax Relief Act. Had and his love of the Jewish people have pro- the role it has played in our history. This new I been present, I would have voted ‘‘yes.’’ pelled his rise to the top levels of leadership initiative will involve several exciting music-re- f in the American Jewish community. In 1988, lated patriotic programs over the next 3 years. Mr. Kaplan joined the American-Israel Public The National Anthem ‘‘SingAmerica’’ project PAYING TRIBUTE TO MEIJER INC. Affairs Committee, AIPAC, one of the leading is designed to invigorate and inspire the Amer- AND UNITED PARCEL SERVICE ican people to a greater appreciation of their FOR REACHING OUT TO IRAQI pro-Israel lobby groups, as chairman of the patriotic musical heritage. Through this project, ORPHANS Princeton/Mercer Area, a position he held until we will be able to renew our appreciation for 2002. During those years, he also served as the patriotic music that so movingly expresses HON. MIKE ROGERS a member of the AIPAC Executive Committee; Member of the New York Regional Board; our core national sentiments. The members of OF MICHIGAN New Jersey State Chairman; Member of the the National Association for Music Education, IN THE HOUSE OF REPRESENTATIVES in collaboration with the Smithsonian Institu- National Board of Directors; and National De- tion, and with support from the American Monday, November 17, 2003 velopment Chairman. In addition, Mr. Kaplan Sportscasters Association, are already actively Mr. ROGERS of Michigan. Mr. Speaker, I became President of AIPAC from 1998–2000 pursuing the laudable goals of the project. rise today to honor the compassionate actions and Chairman of the Board from 2000–2002. The National Anthem ‘‘SingAmerica’’ project of two Michigan businesses for reaching Throughout his career in AIPAC, he has al- includes a series of activities calculated to across the globe to touch the lives of or- ways been known for his skills as a consum- bring the music, words, and sentiments of the phaned children living in an Iraqi orphanage. mate fundraiser for pro-Israel causes. Anthem and our nation’s patriotic songs to ev- Leaders at Meijer Inc. and United Parcel Mr. Kaplan’s contributions to his community eryone-and to energize the participation of stu- Service learned that soldiers in the U.S. Army do not stop with AIPAC. In the United Jewish dents and adults alike in this essential expres- 101st Airborne stationed near Mosul, Iraq, Appeals, UJA, Federation, he served as a sion of patriotism. America’s youth will give were helping nearly 70 children in a nearby or- Member of the UJA National Young Leader- voice to our national anthem and be able to phanage. ship Cabinet, as a leadership and fundraising sing it proudly, accurately, and with a full un- Meijer, a large supermarket/department trainer at the UJA National Training Center, derstanding of its rich text. The American store, immediately agreed to donate several Sportscasters Association will be working to large cartons of toys for the children. United and has served as Vice President of the Jew- increase the emphasis on our national anthem Parcel Service supported the project, providing ish Federations of New Jersey. In his imme- at major sporting events, reaching many of additional funds for toys. diate community, Mr. Kaplan has assumed a those who otherwise would not have this mu- In September, the toys were shipped to sol- variety of roles, including Campaign Chairman sical experience. The National Association for diers at the 101st mobile military hospital near and President of the Jewish Federation of Music Education will release a CD with patri- the orphanage and this past week, they were Princeton, Mercer, and Bucks Counties. otic music played by the Marine Band, com- distributed to the children. Among his other community services, he has plete with a history of this music’s role in our These two generous organizations are to be been the chairman of the New Jersey ‘‘Jeru- nation’s development. Teachers’ guides will be commended for their efforts that not only help salem 3000’’ Committee, which planned and distributed across the nation to help educators the individual children but also impact the rela- coordinated events for the 3000-year anniver- bring the practice and meaning of this music tionships our military men and women are sary of Jerusalem and Co-Chairman of the to our nation’s students. building with the citizens of Iraq. New Jersey Israel Communications. All of this activity will culminate on June 14, The long-range impact of this compas- Mr. Kaplan has a graduate degree from 2006, when the Smithsonian’s National Mu- sionate act by Americans is immeasurable. As Harvard University and has received his J.D. seum of American’s History unveils the newly these children grow up, they will remember from Rutgers University. He is a licensed at- restored Star Spangled Banner. This event the care and love of Americans who came to torney in the Firm of Joseph D. Kaplan & Son, plans to include history’s largest performance free their nation from tyranny and give them a P.C., in Trenton where he has been a partner of the National Anthem with millions of partici- future with hope. since 1972. Mr. Kaplan is also a member of pants from around the country joining thou- Mr. Speaker, we wish to extend congratula- the American, New Jersey, and Mercer Coun- sands of high school band and chorus mem- tions to Meijer Inc. and United Parcel Service ty Bar Associations. He and his wife reside in bers on the National Mall to celebrate the dis- for their generosity and for being willing to Princeton, New Jersey. play of the restored Star Spangled Banner, the reach across geographic and cultural borders Flag that inspired the National Anthem. to express their care and concern for children Mr. Speaker, Mr. Kaplan has demonstrated Even more than producing these rousing in need. what it means to be a true contributor to one’s patriotic events, the National Anthem We are honored to recognize their accom- community. The extensive list of his tireless ‘‘SingAmerica’’ project is a catalyst for all plishments and ask that our colleagues in the efforts shows a genuine compassion and de- Americans to experience a greater under- U.S. House of Representatives join in recog- votion to public service. Accordingly, I ask that standing and appreciation of our patriotic nizing these Michigan businesses for their hu- my colleagues rise and join me in honoring music history. It will also remind us of the manitarian efforts. Mr. Lionel A. Kaplan, ESQ.

VerDate jul 14 2003 04:35 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A17NO8.001 E17PT1 November 17, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2301 HONORING WILL GILL, JR., SENIOR Uechi-Ryu is traditional Okinawan Karate, ber of the House of Delegates and later Na- FARMER OF THE YEAR developed by Master Kanbun Uechi and his tional Vice Chair, Treasurer, a member of the son Kanei Uechi. Uechi-Ryu has its origin in Board of Trustees and National Chair. As Na- HON. GEORGE RADANOVICH the ancient Chinese tradition of martial arts. tional Chair, he was responsible for leading OF CALIFORNIA Today, it is the only form of Okinawan Karate nearly 600,000 volunteers and staff nation- IN THE HOUSE OF REPRESENTATIVES that remains in its original Soke, handed down wide. He is currently Trustee Emeritus, and is Monday, November 17, 2003 from father to son from generation to genera- a member of the National Medical and Sci- tion. entific Council. Bill also serves on the Board of Mr. RADANOVICH. Mr. Speaker, I rise Master Folta is a seven-time world cham- Directors of the Alliance for Lupus Research, today to honor Will Gill, Jr., as the Madera pion of Uechi-Ryu and an inductee in the mar- where he is a founding member. County Chamber of Commerce and Madera tial arts hall of fame. He has demonstrated a A native Cincinnatian, Bill is Senior Asso- County Farm Bureau Senior Farmer of the strong aptitude for and commitment to the ciate Athletic Director at the University of Cin- Year. Mr. Gill will be recognized at the Madera study of karate. cinnati, and has been with U.C. for 30 years. County Farm Bureau’s 82nd Annual Members The Academy of World Champion Nestor He is in his 24th year as head of the athletic Meeting and Senior Farmer Presentation on Folta (AWCNF), located in Fairfax County, department’s fundraising efforts, and pre- November 6 in Madera, CA. carries on the Uechi-Ryu tradition. Through viously held positions in Alumni Affairs and Will’s dedication to his country and his the study of Uechi-Ryu Karate, over 100 Public Affairs. He is a graduate of St. Xavier strong work ethic have brought much success AWCNF students learn self-defense, self-dis- High School, and received his Bachelor’s of for him and his family. He has contributed 61 cipline, and self-respect. Uechi-Ryu encour- Business Administration from the University of years to Madera County agriculture. Mr. Gill’s ages the formation of high personal standards Cincinnati and his Master’s of Education from family, natives of Iowa, migrated to Porterville, and respect for fellow men and women. The Ohio University. CA, in the 1870s and an agriculture legacy AWCNF’s mission is to use Uechi-Ryu to help Bill and his wife, Beth, live in Anderson began. By the 1940s, the family’s ranching op- students become positive, successful, re- Township. Their son, Billy, is a graduate of the erations were flourishing in Porterville and spected, contributing members of society. University of Cincinnati and is a valued mem- Madera. Upon the death of his father, Will, Each year, AWCNF tuition raises an esti- ber of the staff of the U.S. House of Rep- and his wife Jane, moved from Southern Cali- mated $25,000 for Fairfax County. In addition, resentatives’ Committee on Ways and Means. fornia to Madera to manage the family’s local the AWCNF has raised over $20,000 for 9/11 All of us in Southern Ohio congratulate Bill agriculture interests. Not long after his arrival, victims. on receiving this prestigious honor, and appre- he was sent to Fort Sill, OK, where the U.S. Mr. Speaker, in closing, I would like to rec- ciate his dedicated service. Army needed his service in the midst of WWII. ognize Master Folta’s efforts to better himself, f Mr. Gill served as an army sergeant of the his students, and his community through the RECOGNITION OF THE ARMED Military Police in the China-Burma-India The- practice of Uechi-Ryu. I wish him a happy FORCES RELIEF TRUST FUND atre. In 1946, Will returned to Madera and re- birthday, commend 20 years of success, and sumed his work in the family’s crop and live- extend him all of my best for the years to stock investments, which included oat and al- come. I call upon all my colleagues to join me HON. MIKE ROGERS falfa hay, cows, and stocker and feeder cattle. in applauding Master Folta. OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES As a proud member of many organizations f and the recipient of several awards, Will is no Monday, November 17, 2003 HONORING WILLIAM J. MULVI- stranger to his community. He served on Gov- Mr. ROGERS of Michigan. Mr. Speaker, I ernor Ronald Reagan’s Advisory Committee HILL, SR. AS HE RECEIVES THE ARTHRITIS FOUNDATION’S rise today to recognize the outstanding efforts on Foreign Trade, was past-president of the of the National Association of Broadcasters for Madera Rotary Club, a member of the Madera CHARLES B. HARDING AWARD FOR DISTINGUISHED SERVICE their partnership with the Armed Forces Relief County Air Pollution Board, a 60–year member Trust Fund. The Armed Forces Relief Trust of the California Cattlemen’s and National Fund serves as an umbrella organization in- Cattlemen’s Associations, and the list goes on. HON. ROB PORTMAN corporating the four Military Aid Societies from Will was named Madera County Cattleman of OF OHIO the Army, Navy-Marine, Air Force and Coast IN THE HOUSE OF REPRESENTATIVES the Year in 1963 and California Livestock Man Guard collecting and distributing donations of the Year in 1972. His favorite venture, rais- Monday, November 17, 2003 that help reduce the burden on families of our ing quarter horses, has made his 53–year Mr. PORTMAN. Mr. Speaker, I rise today to military men and women. The partnership with membership to the American Quarter Horse honor William J. Mulvihill, a friend and con- National Association of Broadcasters will help Association particularly enjoyable. The list of stituent, who received the Arthritis Founda- create and broadcast public service announce- Will’s achievements and commitments goes tion’s prestigious Charles B. Harding Award ments to encourage Americans to donate to on, reinforcing his benevolent character. during the Foundation’s national meeting on the Armed Forces Relief Trust Fund. Mr. Speaker, I rise today to congratulate November 14, 2003. The Arthritis Foundation While our military men and women are serv- Will Gill, Jr., for being named Senior Farmer of is the only nationwide nonprofit organization ing our country, it is paramount that the Amer- the Year by the Madera Chamber of Com- leading efforts to prevent, control and cure ar- ican people band together so that we can en- merce and Madera County Farm Bureau. His thritis, which is our nation’s number one cause sure that no family incurs hardships while their contributions to America’s agriculture commu- of disability. loved one is away. Military aid programs, fund- nities have been invaluable. I invite my col- The Charles B. Harding Award is the high- ed by private donations, provide services like leagues to join me in commending Mr. Gill for est honor the Arthritis Foundation presents for college tuition for children and health care for this achievement. service as a volunteer. The award was estab- pregnant wives, services that could have been f lished in 1976 and is given annually to the in- provided if their family member had not been HONORING MASTER FOLTA dividual who best exemplifies the highest called to duty. Last year alone, the four mili- standards of concern and commitment to the tary aid societies provided over $109 million in HON. TOM DAVIS arthritis cause. Previous recipients of this high grants and interest free loans to 145,000 fami- lies. OF VIRGINIA honor include former First Lady Betty Ford I am confident that with the help of the Na- IN THE HOUSE OF REPRESENTATIVES and actress Jane Wyman. Bill has spent more than 20 years raising tional Association of Broadcasters the Armed Monday, November 17, 2003 awareness and advocating on behalf of the Forces Relief Trust Fund can far exceed the Mr. TOM DAVIS of Virginia. Mr. Speaker, I more than 43 million people affected by arthri- number of families it was able to help last would like to congratulate Master Nestor Folta tis and its related diseases. Diagnosed with year. As an increasing number of Americans on his 50th birthday and 20 years of success- rheumatoid arthritis at the age of 25, he be- answer the call to duty, more and more fami- ful Uechi-Ryu Karate study. came active locally in the Southwestern Ohio lies will be asking the Armed Forces Relief Master Folta is a civil engineer with the U.S. Chapter of the Arthritis Foundation, and went Trust Fund for help. The public service an- Department of Energy. He resides in Oakton on to serve as Senior Chair, Chair and Vice nouncements developed by The National As- with his wife and two children. For years, he President. sociation of Broadcasters will help to increase has dedicated notable time and energy to the In 1985, Bill became active with the Foun- donations and insure that the trust fund has study and teaching of Uechi-Ryu Karate. dation on the national level, becoming a mem- the solvency to answer this call.

VerDate jul 14 2003 04:35 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.006 E17PT1 E2302 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2003 Mr. Speaker, the continued support of the CONGRATULATING THE After serving in the regular Army for a few brave men and women serving this country is HOMENETMEN SCOUTS FRESNO years, Colonel Arlinsky attended college at the extremely important to me. I ask my col- SASSOON CHAPTER University of Arizona. He set his sights on leagues to join me in thanking the National being an Air Force pilot; unfortunately, his Association of Broadcasters and the Armed HON. GEORGE RADANOVICH blurry vision made this impossible. Upon grad- Forces Relief Trust Fund for their assistance OF CALIFORNIA uation and accepting a commission in the U.S. Army, then-Second Lieutenant Arlinsky at- to our troops. IN THE HOUSE OF REPRESENTATIVES f tended training for the newly created U.S. Monday, November 17, 2003 Special Forces. The Special Forces, also IN RECOGNITION OF BISHOP Mr. RADANOVICH. Mr. Speaker, I rise known as the Green Berets, are the best of DONALD HILLIARD, JR. today to congratulate the Homenetmen Scouts the best and have been instrumental in count- Fresno Sassoon Chapter on their 30th Anni- less conflicts. Colonel Arlinsky knew he be- HON. FRANK PALLONE, JR. versary. There will be a banquet held in their longed with the elite forces and passed their OF NEW JERSEY honor on Saturday, November 15 in Fresno, extremely difficult tests to gain the coveted IN THE HOUSE OF REPRESENTATIVES CA. Green Beret. As a Green Beret, he commanded a ‘‘B’’ Monday, November 17, 2003 In its 30th year, the Homenetmen Scouts Fresno Sassoon Chapter strives to encourage Team for the Fifth Special Forces Group in Mr. PALLONE. Mr. Speaker, I rise today to Fresno’s Armenian youth to be involved in Pleiku, Vietnam. He served two tours and was laud the accomplishments of Bishop Donald competitive sports and Armenian Boy Scouts involved in pushing back Vietcong forces dur- Hilliard, Jr. Bishop Hilliard is a man of convic- activities, while forming an efficient organiza- ing the Tet Offensive. After the Vietnam War, tion and dedication, as well as an inspiration tion that preserves the grace of Armenian lan- Colonel Arlinsky continued to serve our nation through various Special Forces projects. Even- to his community. This year, the Cathedral guage and culture. Since its establishment in tually, he left active duty to serve the civilian International Church is celebrating twenty 1973, the organization’s main purpose has intelligence services, maintaining reserve sta- years of excellence under the leadership of been twofold: to provide the Armenian youth tus. Bishop Donald Hilliard. with a moral and physical education outside of Bishop Hilliard is someone who places a During the Reagan administration, Harris the school environment; and teaching them Arlinsky worked directly for Vice President high value on education. He earned his Bach- the richness of Armenian culture while accept- elor of Arts degree from Eastern University in George Bush as the Special Intelligence Advi- ing and participating in the culture that sur- sor for the National Narcotics Border Interdic- St. David’s, Pennsylvania. He later earned a rounds them. Comprised of disciplinary and Master of Divinity degree from Princeton tion System for the southwest U.S. border re- athletic divisions, the Fresno Chapter boasts gion. While in the region, he also commanded Theological Seminary, and was awarded a ten basketball teams spanning a variety of Doctorate of Ministry degree from the United a U.S. Special Forces ‘‘B’’ team with five ‘‘A’’ ages, and a strong Troop 12 Armenian Boy teams in Texas and New Mexico. Upon com- Theological Seminary in Dayton Ohio. Yet, Dr. Scouts group. The Homenetmen Scouts Fres- pletion of the assignment, he returned to Vir- Hilliard’s accomplishments extend far beyond no Sassoon Chapter is part of the world-wide ginia to assist with other national intelligence academia. His list of achievements range from organization with over 25,000 members on agencies. economic and community developer to spir- five continents. Today he is enjoying his retirement as a col- itual leader. The Armenian General Athletic Union and lege professor, spending time with his wife, Bishop Hilliard always approaches life with a Scouts known as Homenetmen, is a nonprofit Kathleen; his children Beth, Abra, and Mi- positive attitude, as revealed in his trademark organization which was founded 85 years ago chael; and his grandson, Elias. ‘‘Say Yes’’ services at the Second Baptist in Constantinople by Shavarsh Krisian, Mr. Speaker, in closing, I would like to com- Church in Perth Amboy, New Jersey. At the Hovhannes Hintlian, and Krikor Hagopian. The mend COL Harris Arlinsky for his service to age of 26, Bishop Hilliard became the organization promotes a sense of fraternity our Nation. He nobly has dedicated his life to Church’s Senior Pastor. Since then, the and humanitarianism, which extends far be- the safety and well being of the United States church has grown from 125 members in 1983 yond mere camaraderie and benevolence. of America. As COL Harris Arlinsky continues to over 7,000 members today. What started Homenetmen’s motto, ‘‘Elevate yourself and to celebrate his 50th anniversary of his first out as one church has grown to three located others with you,’’ is a poignant reminder of the month of service to us, let us thank him and in urban settings throughout New Jersey. Dr. fundamental objective to strive for individual all our soldiers for their sacrifices. I ask that Hilliard’s faith and inspirational words draws and collective excellence. In the United States, my colleagues join me in saluting COL Harris people from out the tri-state area of New York, the first Homenetmen Olympic Games took Arlinsky. Pennsylvania, and New Jersey. The Cathedral place in Brooklyn, NY, in 1922, though the or- f is recognized as a growing and influential ganization was not officially established in TRIBUTE TO M. DEAN HAINES church and as been cited by American Baptist America until 1932 with chapters in New York, churches, USA as a model church for growth. New Jersey, and Boston. From that point on, In 1995, Bishop Hilliard was consecrated a Homenetmen organized chapters in the com- HON. JIM SAXTON bishop and is currently the presiding Bishop munities wherever there was a large con- OF NEW JERSEY and founder of the Ecumenical Fellowship and centration of Armenians. IN THE HOUSE OF REPRESENTATIVES Cathedral assemblies, Inc. In this role, Bishop Mr. Speaker, it is my pleasure to congratu- Monday, November 17, 2003 Hilliard serves as the spiritual advisor and late the Homenetmen Scouts Fresno Sassoon Mr. SAXTON. Mr. Speaker, I rise today to mentor for several pastors and churches Chapter on its 30th anniversary. I urge my col- pay tribute to M. Dean Haines on the occasion across America and West Africa. The Bishop leagues to join me in wishing them many of his retirement as clerk of Ocean County. has also established the Clergy Leadership In- years of continued success. As one of the County’s Constitutional Offi- stitute where innovative leaders from different f cers, he has been responsible for the adminis- denominational backgrounds gather to con- tration of a wide range of services offered by front and minister to various issues faced by HONORING HARRIS D. ARLINSKY the Office of the County Clerk for two dec- the clergy daily, as well as to expand their (RET.), USA GREEN BERETS ades. theological and social horizons. Serving the community is the main focus of Bishop Hilliard and his church have been HON. TOM DAVIS the Clerk’s Office, including assisting residents cited numerous times by the city of Perth OF VIRGINIA in real estate transfers, obtaining passports, Amboy and the State of New Jersey for their IN THE HOUSE OF REPRESENTATIVES courtesy photo identification and Alcoholic contributions to community development. Beverage Control Cards, and supervision of Monday, November 17, 2003 Today, I rise to ask this national body to rec- elections in the county. Dean’s office has been ognize the accomplishments of this esteemed Mr. TOM DAVIS of Virginia. Mr. Speaker, I recognized as the most technologically ad- gentleman. Mr. Speaker, a man such as rise today to recognize LTC Harris David vanced County Clerk’s Office in our State, Bishop Hilliard should be an inspiration to us Arlinsky (retired) for 50 years of service to our thanks to his leadership and innovation. all. He has given so much of his life to serving country. Dean Haines’ involvement in many commu- others in need. Accordingly, I ask that my col- This past June marks the 50th anniversary nity service organizations such as his mem- leagues rise and join me in honoring Bishop of when he volunteered for the Army National bership on the Southern Ocean County Hos- Donald Hilliard, Jr. Guard at 17 years old. He did so proudly. pital Board of Trustees, the Southern Ocean

VerDate jul 14 2003 04:35 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.009 E17PT1 November 17, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2303 County Rotary, Jersey Shore Council Boy threat reduction programs that dismantle and yet, he has helped give millions of Iraqi men, Scouts of America, Alcoholism and Drug destroy weapons of mass destruction in the women, and children, the chance to live lives Abuse Council of Ocean County, Barnegat former Soviet Union, adds unnecessary fund- of freedom and independence like we know at Historical Society, and both Barnegat Fire ing restrictions that in the end will only hurt the home in the United States. Company Number One and the New Jersey security of the American people. Even though I know his family is enduring State Fireman’s Association is a demonstra- The broad environmental exemptions pro- great suffering as a result of their loss, I hope tion of his commitment to the people of Ocean vided for in the bill will undermine efforts to they will find peace in knowing that Specialist County. protect our environment by, among other Chance bravely served his country and his I have always valued his friendship and sup- things, making it harder to wall-off parts of countrymen and defended the values and prin- port through the years. I hope Dean and his military facilities as protected areas for wildlife. ciples that Americans hold so dear. Specialist wife, Christine, will accept my congratulations Proponents use spin to claim this is nec- Chance was a defender of peace and a lion and best wishes for a retirement filled with essary for military readiness, but it’s hard to of liberty. health, happiness, and dreams come true. see how a blanket environmental exemption Specialist James Anderson Chance, III, rep- f for everything on military installations from golf resents the best of Mississippi and our Nation. courses to swimming pools are pressing mat- I ask my colleagues in Congress to join me in CONFERENCE REPORT ON H.R. 1588, ters of national defense. honoring his courageous service, and ask that NATIONAL DEFENSE AUTHORIZA- Moreover, the Pentagon can already get you pray that his family will find peace during TION ACT FOR FISCAL YEAR 2004 waivers from the Endangered Species Act and this trying time. SPEECH OF the Marine Mammal Protection Act when na- f tional security is at stake. But in the three dec- A TRIBUTE TO THE WOMEN’S SO- HON. ELLEN O. TAUSCHER ades since these laws have been in effect, not CIAL AND CULTURAL SOCIETY OF CALIFORNIA a single waiver has been sought. OF MOSUL IN THE HOUSE OF REPRESENTATIVES The bill also abolishes DOD’s long-standing Friday, November 7, 2003 labor relations system and replaces it with one Mrs. TAUSCHER. Mr. Speaker, I have in which civilian employees have only minimal HON. DEBORAH PRYCE OF OHIO mixed emotions as I consider the fiscal year consultation with unions and Congress. IN THE HOUSE OF REPRESENTATIVES 2004 defense authorization conference report. The bill allows DOD to remove basic due I would like to thank my chairman, Mr. process rights that employees currently enjoy Monday, November 17, 2003 HUNTER, and Ranking Member SKELTON for by waiving their right to a written response, Ms. PRYCE of Ohio. Mr. Speaker, as the working with me on several items that will their right to be represented by an attorney, leader of the first all women’s United States benefit the people in my district, Travis Air and their right to a written decision explaining Congressional Delegation to Iraq, it is my Force Base, and our military airlift capabilities the action. pleasure on behalf of Representatives JEN- I am deeply disturbed that the Republican overall. NIFER DUNN, SUE KELLY, ILEANA ROS-LEHTINEN, Party has hijacked an important bill for our Indeed, the language in the bill expediting MARSHA BLACKBURN, KATHERINE HARRIS, DAR- troops and attached to it a radical slash-and- the transfer of land from the Navy to the LENE HOOLEY and CAROLYN MCCARTHY, to Housing Authority of the City of Dixon will im- burn ideology that is sure to undermine civilian commend the excellent work being done at prove the living and work conditions of migrant morale at the Pentagon, needlessly endanger the Women’s Social and Cultural Society of workers who contribute to the local economy. the environment and most alarmingly, endan- Mosul. Today, with great honor and privilege, The language preventing the Secretary of ger the American people with an irresponsible I would like to recognize the major milestones the Air Force from retiring C–5A aircraft until nuclear agenda. the organization has achieved. one has been modernized and tested is a cru- I am voting for this bill because I do not be- The Women’s Social and Cultural Society, cial measure that not only sustains a critical lieve, especially in a time of war, we should comprised of more than 200 members, rep- investment in upgrading one of the United punish our active troops by withholding funds resents a variety of ethnic, religious and pro- States’ most reliable transport planes, but it and measures that would benefit them be- fessional affiliations. These women are truly also ensures that Travis Air Force Base will cause of some of the administration’s impru- creating a new ideal within their country as continue to be an important provider of stra- dent and over-reaching provisions in the bill. they promote social, political and educational tegic lift in the near future. f equality for all Iraqis. For too long, Iraqi The bill also contains a number of important women have suffered without equal or even provisions for our men and women in uniform HONORING SPC. JAMES ‘‘JIMMY’’ ANDERSON CHANCE, III adequate access to education, justice within such as an increase in base pay; a reduction the legal system, employment opportunities, in housing expenses; an increase in family and representation within the government. The separation allowance; and an increase in the HON. CHARLES W. ‘‘CHIP’’ PICKERING members of the Women’s Social and Cultural rate of special pay for our brave troops who OF MISSISSIPPI Society of Mosul must be applauded for their serve in hostile situations and imminent dan- IN THE HOUSE OF REPRESENTATIVES commitment to end decades of oppression ger. Monday, November 17, 2003 against women by fighting to give them a Despite these important positive elements, voice and a respected role of leadership within the bill contains several reckless provisions Mr. PICKERING. Mr. Speaker, I rise this evening before the House to pay tribute to their communities. The challenge is immense, that undermine the security of the United but their determination is steadfast and un- States and needlessly jeopardize civilian em- Specialist James ‘‘Jimmy’’ Chance of Kokomo, Mississippi. Specialist Chance was a member wavering. ployees and the environment. We commend and praise the Women’s So- This bill puts the United States back in the of the Mississippi Army National Guard serv- ing in C Company of the 890th Battalion at- cial and Cultural Society of Mosul today and business of making nuclear weapons, adds urge our colleagues to wish them continued unnecessary regulations that hamstring the tached to the Army’s 3rd Armored Cavalry Regiment in Iraq. success as they pave the way for future gen- DOD’s nonproliferation programs, takes away erations of Iraqi citizens. the protections of civilian personnel, and gra- Tragically, Specialist Chance was killed on tuitously endangers the environment. Thursday, November 6, 2003, when his vehi- f By lifting the ban on research and develop- cle struck a landmine near the Syrian border. IN HONOR OF HILARY KITASEI ment of low yield nuclear weapons, Congress He was the first of our own Mississippi Na- is abetting the administration’s efforts to build tional Guardsmen to lose his life while bravely HON. ELIOT L. ENGEL a new generation of nuclear weapons; is invit- serving in the Iraq War. OF NEW YORK Specialist Chance is a true American hero ing an arms race with rogue states, terrorists IN THE HOUSE OF REPRESENTATIVES and allies; and is making a nuclear conflict who has paid the ultimate price to protect our more likely in the long run by undoing dec- country from terrorists and defend the liberties Monday, November 17, 2003 ades of American leadership in controlling the of the citizens of the United States of America. Mr. ENGEL. Mr. Speaker, Riverdale is a for- spread of the most deadly weapons known to Furthermore, he has unselfishly given his life tunate community in that not only do the peo- man. to win freedom for the people of Iraq who suf- ple who live here care for it, but newcomers The Defense Bill, rather than increasing the fered under the unbearable rule of an evil dic- after they arrive also do their best to make it budget for the DOD’s valuable cooperative tator. These are people he did not know, but even better.

VerDate jul 14 2003 04:35 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.013 E17PT1 E2304 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2003 Hilary Kitasei came to our community a few as an essential part of higher education learn- TRIBUTE TO DR. YJEAN short years ago and in that relatively brief time ing, in the classroom, on the campus, and in CHAMBERS OF GARY, INDIANA has made a lasting impression on her new the community. neighborhood and on how the community The Bethune Cookman College could not HON. PETER J. VISCLOSKY looks. She first took on a rather desolate piece have found a more perfect fit to fulfill their OF INDIANA of wasteland at Fieldston Road at the Henry goals and mission. I know that all of my col- IN THE HOUSE OF REPRESENTATIVES Hudson Parkway overpass and using her con- leagues join me in congratulating Dr. Gloria Monday, November 17, 2003 siderable abilities transformed it into a wood- Bromell-Tinubu today, and we wish her every land glade that is a highlight of the neighbor- success in her future. Mr. VISCLOSKY. Mr. Speaker it is with hood. great remorse that I rise today to pay tribute It was planted by the students from almost f to one of Gary, Indiana’s most dedicated and all of the local schools as well as neighbors caring citizens, Dr. YJean Chambers. YJean and is now a part of the New York City Parks HONORING SPECIAL AGENT passed away on Wednesday, November 12th Department Greenstreets Program. LEANNE G. CHARETTE ON THE at Methodist Hospital after a longtime illness. Setting her eyes on a larger project she is OCCASION OF HER RETIREMENT Her efforts as a distinguished educator as well spearheading the development of the Hudson as her numerous contributions to her commu- Scenic Byway Program to create New York nity are worthy of the highest commendation State’s first urban scenic byway. HON. ROSA L. DeLAURO and recognition. Riverdale, and by extension all of New York OF CONNECTICUT YJean and her family moved to Gary, Indi- City, is lucky to have such people as Hilary IN THE HOUSE OF REPRESENTATIVES ana from Kentucky when she was a young Kitasei. I join all of our community in thanking girl, seeking a better life for themselves. In her for the wonderful things she has done. Monday, November 17, 2003 1939, she graduated from Gary Roosevelt f Ms. DELAURO. Mr. Speaker, it is with great High School ranking second in her class, and pleasure that I stand to join the many family, then went on to earn her Bachelor of Edu- CONGRATULATING DR. GLORIA friends, and colleagues who have gathered cation degree from Illinois State University. BROMELL-TINUBU ON HER AP- today to extend my sincere congratulations to She also went on to earn her Master of Arts POINTMENT AS THE 5TH PRESI- Leanne G. Charette on the occasion of her re- degree from Purdue University, where she re- DENT OF BETHUNE COOKMAN tirement marking the end of a thirty-two year ceived Purdue University’s highest award, COLLEGE career with the Internal Revenue Service. Doctor of Humane Letters in 1993. When the average American thinks about YJean knew how important education was HON. KENDRICK B. MEEK the Internal Revenue Service, often they only to all members of her community and there- OF FLORIDA contemplate the time, energy, and paperwork fore shared her gift of knowledge and enthu- IN THE HOUSE OF REPRESENTATIVES it takes to file an annual tax return. While the siasm for learning by becoming a teacher in Monday, November 17, 2003 Internal Revenue Service is charged with the Madison, Illinois. After two years she began task of collecting revenue, they are also re- teaching speech and drama at her alma Mr. MEEK of Florida. Mr. Speaker, I rise mater, Gary Roosevelt High School. In 1971, today to congratulate Dr. Gloria Bromell- sponsible for ensuring the protection of Amer- ican citizens from fraud and evasion. Every YJean became a full time professor at Purdue Tinubu on becoming the 5th president of Be- Calumet in Hammond, Indiana where she thune-Cookman College in Daytona Beach, day we hear the stories of corporations and in- dividuals who seek to undermine the govern- taught communications and was appointed As- Florida. sistant Professor of Communications in 1973. An educator and a community leader, Dr. ment through waste, mismanagement, and fraud. It is through the efforts of Special YJean gave selflessly to her community in Bromell-Tinubu is an economics professor at so many ways, including being a member of Spelman College in Atlanta, and was a former Agents like Ms. Charette that American tax- payers are saved millions in lost revenue. several volunteer and service organizations. member of the Georgia State Board of Edu- She served as President of the Steel City Hall Throughout her career, Leanne Charette cation. She is currently the chief executive offi- of Fame, sat on the Service Academies Nomi- has demonstrated a unique commitment to cer of the Atlanta Cooperative Development nation Board, was a member of the Board of public service. As a Special Agent with the Board, a nonprofit agency that serves as a Trustees of the Gary Community Schools, and Criminal Investigation Division of the Internal catalyst in developing cooperative-owned busi- was also a member of the Board of Directors Revenue Service, she has been an active ness enterprises. Within 9 months as CEO, of the Indiana School Board Association. member of several complex investigations. As she obtained a $1 million grant to assist the YJean made history in Northwest Indiana by a member of the Health Care Fraud Task economically disadvantaged move toward self- becoming the first African American woman Force, she worked with representatives from sufficiency, and continues research that ex- elected to the Northwest Indiana Crime Com- several federal agencies to identify abuses in plores the use of cooperatives as a means of mission and the first woman to serve on the the health care field which were used to help establishing economic security in asset-poor Advisory Board of the Bank of Indiana. develop health care reforms. More recently, communities. Although she dedicated her life to serving Ms. Charette worked on a task force inves- Dr. Bromell-Tinubu is a former member of her community, YJean never limited the time tigating a massive insurance fraud responsible the Atlanta City Council who has considerable she gave to her loving family. She is survived for bilking insurance companies in several community development experience, as shown by her husband Mr. Herman Chambers, and states of assets in excess of two hundred mil- by legislation she authored creating the At- their son Lanel. lion dollars. Her efforts helped to identify sev- lanta Neighborhood Deputies Program, a city- Mr. Speaker, YJean Chambers was a caring eral problems with the industry and the results wide citizen driven code enforcement effort. and committed woman who gave of herself in will go a long way in helping to establish solu- She has served on numerous community de- so many ways to her community. I respectfully tions to these issues. More importantly, the velopment boards, including the Metropolitan ask that you and my other distinguished col- task force has been able to recover most of Neighborhood Development Corporation leagues join me in paying tribute to Dr. YJean the stolen assets which will be distributed to (MNDC), which she founded. Chambers, she will be remembered honorably the victims. In taking the helm of Bethune-Cookman and truly missed. College, Dr. Bromell-Tinubu becomes the fifth Too often, we overlook the tireless efforts of f president of this private coeducational liberal those in public service. Throughout her career, arts college with a diverse student population Ms. Charette has exemplified all that a public TRIBUTE TO JOSHUA PETERS of more than 2,700. Established in 1904 by servant should be. Her commitment and dili- Mary McLeod Bethune, the college is ranked gence has earned her the respect and admira- HON. MIKE PENCE among the top historically black colleges in the tion of her colleagues and all of those with OF INDIANA country. Most recently Bethune-Cookman Col- whom she has worked. For her many years of IN THE HOUSE OF REPRESENTATIVES lege was selected as one of 10 colleges in the dedicated service, I am proud to rise today to country to participate in Project Pericles, a extend my heart-felt congratulations to Leanne Monday, November 17, 2003 program funded by the Eugene Lang Founda- G. Charette as she joins her husband, Dick, in Mr. PENCE. Mr. Speaker, it is with great tion to establish educational programs for so- retirement. My very best wishes to you both pleasure that I pay tribute today to Joshua Pe- cial responsibility and participatory citizenship for many more years of health and happiness. ters of Muncie, Indiana. Joshua is an Army

VerDate jul 14 2003 04:35 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.018 E17PT1 November 17, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2305 medic currently serving in the 3rd Armored cial young man who has exemplified the finest A TRIBUTE TO RALPH DICKERSON, Cavalry Regiment in Iraq. This soldier’s recent qualities of citizenship and leadership by tak- JR. AND GLORIA DENNA unselfishness and courageous acts of aiding ing an active part in the Boy Scouts of Amer- DICKERSON to his fellow comrades demonstrated true ica, Troop 60, and in earning the most pres- American heroism. The citizens of Indiana’s tigious award of Eagle Scout. HON. EDOLPHUS TOWNS Sixth Congressional District, joined by all Vincent has been very active with his troop, OF NEW YORK Americans, are proud of Joshua’s extraor- participating in many Scout activities. Over the IN THE HOUSE OF REPRESENTATIVES dinary actions displayed toward his fellow 9 years Vincent has been involved with Scout- Monday, November 17, 2003 Americans. ing, he has earned over 60 merit badges and Earlier this month, one of two Chinook heli- has held numerous leadership positions, serv- Mr. TOWNS. Mr. Speaker, I rise in honor of copters transporting soldiers to Baghdad Inter- ing as patrol leader, chaplain, quartermaster, Ralph and Gloria Dickerson in recognition of national Airport for their R&R flights home to and Cub Scout leader. Vincent had been in- their commitment and service to their commu- the United States was shot down. The second volved with the Tribe of Mic-O-Say for 3 years nity. helicopter did an immediate harsh landing to and is in the Warrior Class. Ralph Dickerson, Jr. has served honorably assist the brave men aboard the downed Chi- as the President of United Way of New York For his Eagle Scout project, Vincent nook. As Joshua and his fellow regiment City since May 1988. As President of United landscaped an area around Savannah High members ran to help the injured, they came Way of New York City, he has led the organi- School and Savannah City Tennis Courts in under heavy gunfire without any protective zation into the position of being the largest pri- Savannah, Missouri. With the assistance of 22 gear, weapons, or medical supplies readily vate funder of health and human services in other Scouts and leaders, Vincent planned, available. Joshua was initially the only medic New York City and as a major force in forging gathered the needed materials, and mulched at the scene and attended to the wounded for bold new solutions to the city’s most critical 78 trees. more than 2 hours. During this time, Joshua’s human care challenges. thoughts remained solely with the health and Mr. Speaker, I proudly ask you to join me in Under his leadership, United Way of New safety of his fellow servicemen. ‘‘God, don’t let commending Vincent M. Couldry for his ac- York City’s revenue has grown from $75.1 mil- anything happen to me that would render me complishments with the Boy Scouts of Amer- lion to $135 million, making it the largest unable to help these guys—help me, Lord.’’ ica and for his efforts put forth in achieving the United Way in the nation. In addition, United Mr. Speaker, I am honored today to rise and highest distinction of Eagle Scout. Way of New York City has used its extensive pay tribute to Joshua Peters, a man who by knowledge of community-based human serv- his actions has demonstrated a promise to f ice agencies to broker and partner with gov- help defend America’s freedom. Heroes ernment, foundations and business in ground emerge from the significant events happening TRIBUTE TO TIM MCCARTHY breaking initiatives that are successfully ad- in Iraq, and I am proud to say that Joshua Pe- dressing the city’s human care issues and the ters is among them. HON. SCOTT McINNIS high dropout rate. Mr. Speaker, it is my great privilege to stand Ralph has held key executive positions for today and honor Joshua Peters of Muncie, In- OF COLORADO 30 years in local United Ways including St. diana before Congress and the Nation. IN THE HOUSE OF REPRESENTATIVES Louis, Missouri; Madison, Wisconsin; Cleve- f land, Ohio; and Pittsburgh, Pennsylvania. He Monday, November 17, 2003 holds a B.S. in Business Administration; and HONORING THE ARTISTIC CON- Mr. MCINNIS. Mr. Speaker, it is with a sol- he received a M.B.A. from the University of TRIBUTIONS OF CLIFF emn heart that I rise today to pay tribute to the Wisconsin. SEGERBLOM passing of a great man from my district. Tim Ralph and Gloria are the proud parents of McCarthy, a descendant of one of Pueblo, two children, daughter, Maria Renee (de- HON. JON C. PORTER Colorado’s pioneer families, was an enthusi- ceased), and Ralph III. Their son, Ralph III OF NEVADA astic figure who was known for his knowledge and daughter-in-law, Michelle, have given IN THE HOUSE OF REPRESENTATIVES about Pueblo and its residents. His passing is them two grandsons, Cameron and Garrett Monday, November 17, 2003 a great loss for the Pueblo community, and I and a granddaughter, Lauren. Gloria is the President of Maral Enterprises, Mr. PORTER. Mr. Speaker, I rise today to would like to take this opportunity to remem- Inc., The Learning Tree, and Copy Bee, which pay tribute to the life-long artistic contributions ber his life before this body of Congress. she started in May 1988. Maral is a children’s of Cliff Segerblom to the Southern Nevada After graduating from Pueblo Catholic High book distribution company while the Learning community. The Boulder City Arts Council will School, Tim spent a year studying Theater at Tree, and Copy Bee are retail stores offering present ‘‘Hanging with Cliff,’’ a diverse selec- the Pasadena Playhouse before completing a teachers, parents and children a full line of tion of the artists works. music degree at Northwestern University. The works of Mr. Segerblom chronicle the Upon graduation, Tim moved back to Pueblo educational books, materials and learning history of the ever-changing Nevada land- and became a dynamic music teacher who in- guides. This entrepreneurial business came scape from his original assignment as the offi- spired his students to respect their fellow man. about as a result of Mrs. Dickerson’s written cial photographer for the Bureau of Reclama- In 1957, Tim joined his father in the family fu- bibliography and review of children’s books tion at the Hoover Dam in 1938 until his pass- neral home business. He was a well-known art mostly written by African-American authors. Prior to this business venture, she served ing in 1980. Throughout this period, Cliff used and theater enthusiast, and organized Tri-Hi as Assistant Dean at the University of Wis- a variety of media in portraying our environs in Inc., a group dedicated to entertaining troops consin and Cleveland State University. She Southern Nevada, from the natural beauty that at military bases. began her career as a special education surrounds us to the feats of human endeavor Tim loved to share his knowledge of Pueb- teacher. Gloria holds a B.S. in Special Edu- that inspire us. I wish to thank Boulder City’s lo’s history with others. On any given day, he cation, an M.S. degree, and completed her most famous artist, and I urge all residents of could be found explaining historical events to work toward a Ph.D. in educational psy- Nevada to acquaint themselves with the pow- his many friends and family members through- chology at the University of Missouri. erful work of Mr. Cliff Segerblom. out town. Tim was a caring man who loved Gloria serves on educational, civic and vol- f tradition and sought to keep it alive through unteer organizations, boards and as a Trustee RECOGNIZING VINCENT M. educating his community on its past. at her daughter’s school, The Winchester COULDRY FOR ACHIEVING THE Mr. Speaker, Tim McCarthy was a compas- Thurston in Pittsburgh. She is a member of RANK OF EAGLE SCOUT sionate human being who touched the lives of several professional organizations including everyone he met. I am honored to pay tribute the Alpha Kappa Alpha National Sorority. HON. SAM GRAVES to a phenomenal soul who encouraged happi- Ralph has served as a Director with several ness and kindness in his community. Pueblo OF MISSOURI civic and corporate organizations and has re- has lost a great man who exemplified the IN THE HOUSE OF REPRESENTATIVES ceived numerous city awards and honorary inner beauty that comes from a life-long pur- degrees. He was also inducted into the Alpha Monday, November 17, 2003 suit of community service. My thoughts and Kappa Psi Honorary Business Fraternity. Mr. GRAVES. Mr. Speaker, I proudly pause prayers go out to Tim’s family during this time Mr. Speaker, Ralph and Gloria Dickerson to recognize Vincent M. Couldry, a very spe- of bereavement. have both made significant contributions to

VerDate jul 14 2003 04:35 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.022 E17PT1 E2306 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2003 their community through both their profes- lowing rollcall votes. Had I been present, I customers find comfort in the consistently sional and voluntary endeavors. As such, they would have voted as indicated below. warm and friendly service. I am honored to are more than worthy of receiving our recogni- Rollcall No. 612, ‘‘yes’’; rollcall No. 613, stand here today before this body of Congress tion today and I urge my colleagues to join me ‘‘yes’’; rollcall No. 614, ‘‘yes’’; rollcall No. 615, and this nation to recognize Pueblo’s Star Bar in honoring these truly remarkable people. ‘‘yes’’; rollcall No. 616. ‘‘yes’’; rollcall No. 617. and its many years of tremendous service. f ‘‘yes’’; rollcall No. 618, ‘‘no’’’ rollcall No. 619, f ‘‘yes.’’ COMMENDING THE NATIONAL AS- A TRIBUTE TO CHARLES E. f SOCIATION OF BROADCASTERS SIMPSON, ESQ. AND THE ARMED FORCES RE- RECOGNIZING SHAUN THOMAS DI- LIEF TRUST AMOND FOR ACHIEVING THE HON. EDOLPHUS TOWNS RANK OF EAGLE SCOUT OF NEW YORK HON. ROY BLUNT IN THE HOUSE OF REPRESENTATIVES OF MISSOURI HON. SAM GRAVES Monday, November 17, 2003 IN THE HOUSE OF REPRESENTATIVES OF MISSOURI Mr. TOWNS. Mr. Speaker, I rise in honor of Monday, November 17, 2003 IN THE HOUSE OF REPRESENTATIVES Charles E. Simpson, in recognition of his com- Mr. BLUNT. Mr. Speaker, I rise in support of Monday, November 17, 2003 mitment and service to his community and his an important initiative undertaken by the Na- Mr. GRAVES. Mr. Speaker, I proudly pause outstanding accomplishments in the field of tional Association of Broadcasters and the to recognize Shaun Thomas Diamond, a very law. Charles is an attorney and a partner of Armed Forces Relief Trust. special young man who has exemplified the Windels Marx Lane & Mittendorf, LLP., and With over 140,000 troops stationed in Iraq, finest qualities of citizenship and leadership by chairs the firm’s Bankruptcy, Corporate Re- in Afghanistan, and around the world, military taking an active part in the Boy Scouts of structuring and Workouts Practice Group. He families’ budgets are stretched thin. In many America, Troop 374, and in earning the most is also a member of the Litigation and Real cases, the personnel deployed are the sole prestigious award of Eagle Scout. breadwinners for their family, making it difficult Shaun has been very active with his troop, Estate Practice Groups. Since 1981, Charles has served as one of to cope with unexpected expenses. participating in many Scout activities. Over the the counsels to the Honorable Edolphus Last year, the relief agencies for each 9 years Shaun has been involved with Scout- Towns of the 10th Congressional District, branch of the military raised and distributed ing, he has held numerous leadership posi- Brooklyn, New York. In addition, he is a over $109 million in assistance to military fam- tions, serving as assistant senior patrol leader, former member of the Board of Directors of ilies in need. This year, with the support of the assistant patrol leader, patrol leader, and li- the Brooklyn Children’s Museum, the Brooklyn National Association of Broadcasters and its brarian. Shaun has been involved with the Red Cross, the Queens Society for the Pre- local radio and television station members, the Tribe of Mic-O-Say and is a Keeper of the Sa- vention of Cruelty to Children, and the Brook- four relief agencies have come together to cred Bundle. He also served on staff for 2 lyn Area Council of the Boy Scouts of Amer- form the Armed Forces Relief Trust. years at H. Roe Bartle Scout Reservation. In support of that effort—and to help re- ica. From 1983 through 1987, Mr. Simpson For his Eagle Scout project, Shaun led a spond to the escalating needs of military fami- served as Brooklyn’s Representative on the group of boys and adults in the removal of the lies, the NAB and its 6,000 radio station and Board of Directors of the then New York City obsolete woodland trail header and in the con- 1,000 television station members have pro- Public Development Corporation. He also struction of a new woodland trail header for duced, distributed and aired Public Service served as counsel to the Bed-Stuy/Crown Martha Lafite Thompson Nature Sanctuary. Announcements to raise monies for the Trust. Heights Area Health Plan and the Brooklyn The new header will be enjoyed by many visi- Considering recent events in Iraq, I think Navy Yard Development Corporation. He was tors and has increased the safety of the trail. Americans everywhere are looking for ways to a member of the New York State Bar Associa- Mr. Speaker, I proudly ask you to join me in support our troops. The AFRT provides valu- tion’s Committee on Minorities in the Profes- commending Shaun Thomas Diamond for his able services to the family members of our sion from 1987 to 1992. accomplishments with the Boy Scouts of brave men and women who are fighting ter- Charles, who served in the U.S. Army from America and for his efforts put forth in achiev- rorism abroad. The program pays for airfare 1969–1972, graduated magna cum laude from ing the highest distinction of Eagle Scout. so personnel can fly home to the funeral of a Pepperdine University in Los Angeles, Cali- loved one. f fornia in 1974 and received his law degree in It provides needed medical attention for the TRIBUTE TO STAR BAR 1977 from Harvard. He was named a Martin spouses of military personnel. It can help off- Luther King Jr. Fellow in 1974. set the cost of college tuition for the child of Mr. Speaker, Charles E. Simpson has dedi- a soldier. While the military is dedicated to HON. SCOTT McINNIS cated his time to an array of local activities taking care of its own, the needs will only con- OF COLORADO and causes, often using his legal expertise for tinue to escalate as the length of deployments IN THE HOUSE OF REPRESENTATIVES the betterment of the community. As such, he stretch out. The Trust can help make up for Monday, November 17, 2003 is more than worthy of receiving our recogni- tion today and I urge my colleagues to join me some of the shortfall. Mr. MCINNIS. Mr. Speaker, I rise before you By providing access to the airwaves, local today to pay tribute to a remarkable small in honoring this truly remarkable person. television and radio stations are supporting business in my district. The Star Bar in Pueb- f what I believe to be an important and timely lo, Colorado has been serving customers and COMMENDING STUDENTS IN FREE cause. its community for nearly a century, and it is I’m therefore well aware that deployments ENTERPRISE 2003 WORLD CUP my privilege to recognize its longevity and are not only emotionally trying for military fam- CHAMPION TEAM FROM DRURY dedication to its customers here today. ilies, but financially trying as well. UNIVERSITY Over the years, a variety of owners have I therefore commend the AFRT for providing operated the renowned Star Bar. The bar’s needed relief to these families and the Na- HON. ROY BLUNT current proprietors, Louis and Linda DeNiro, tional Association of Broadcasters for helping OF MISSOURI bought the establishment approximately five get out the word. IN THE HOUSE OF REPRESENTATIVES years ago. Despite changes in ownership, the f Star Bar has remained a constant in the lives Monday, November 17, 2003 PERSONAL EXPLANATION of many Puebloans. In fact, little has changed Mr. BLUNT. Mr. Speaker, I rise today to since the business was featured in an issue of commend the Students In Free Enterprise HON. SOLOMON P. ORTIZ National Geographic. Due to its undeniable (SIFE) 2003 World Cup Champion Team from OF TEXAS appeal, The Star Bar has been bringing cus- Drury University in Springfield, Missouri. IN THE HOUSE OF REPRESENTATIVES tomers back for decades, and will surely con- These exceptional university students dem- tinue to do so for years to come. onstrated on an international stage what it Monday, November 17, 2003 Mr. Speaker, dining establishments such as means to practice free enterprise with com- Mr. ORTIZ. Mr. Speaker, due to business in the Star Bar hold a special and important mon sense in a socially and ethically respon- my district, I was unable to vote during the fol- place in communities across the nation. Their sible manner. Drury University’s SIFE team

VerDate jul 14 2003 04:35 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.026 E17PT1 November 17, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2307 prepared both a live presentation and a written Mr. Speaker, I want to congratulate the stu- RECOGNIZING SAMUEL THEODORE report of their activities over the past year and dents from Drury University’s SIFE team. HUCKE IV FOR ACHIEVING THE competed against students from 30 countries These students may be completing their stud- RANK OF EAGLE SCOUT to receive this prestigious award. A panel of ies on a small campus in southwest Missouri, 18 international business leaders, including but they are making a difference. Along with representatives from KPMG, Wal-Mart, Sara their peers in 37 countries, these young peo- HON. SAM GRAVES Lee and Pepsi-Co, named Drury University’s ple are changing the world, one person, one OF MISSOURI SIFE Team World Cup Champions for the community and one project at a time. IN THE HOUSE OF REPRESENTATIVES second time in three years. SIFE students are making a positive impact Monday, November 17, 2003 in their community and beyond, through serv- f ice projects that teach entrepreneurship, mar- Mr. GRAVES. Mr. Speaker, I proudly pause HONORING GLEN AND LYNN ket economics, ethics and financial responsi- to recognize Samuel Theodore Hucke IV, a TOBIAS bility to struggling business owners, school very special young man who has exemplified children and economically disadvantaged indi- the finest qualities of citizenship and leader- viduals. By applying the concepts they are ship by taking an active part in the Boy Scouts learning in the classroom to everyday life, they HON. NITA M. LOWEY of America, Troop 374, and in earning the are taking the guesswork out of economic the- OF NEW YORK most prestigious award of Eagle Scout. ory. Sammy has been very active with his troop, IN THE HOUSE OF REPRESENTATIVES Drury University’s SIFE team worked on a participating in many scout activities. Over the number of projects over the past year, helping Monday, November 17, 2003 years Sammy has been involved with Scout- high school students develop a t-shirt com- ing, he has earned 38 merit badges and has pany that is self-sustaining and student-run. Mrs. LOWEY. Mr. Speaker, I rise today to held numerous leadership positions, serving The Drury team also established an entrepre- congratulate my friends Glen and Lynn Tobias as Patrol Leader, Assistant Patrol Leader, Den neurial camp to teach young people in south- as they are honored for their distinguished Chief, and Assistant Senior Patrol Leader. west Missouri’s growing Hispanic communities leadership by the Anti-Defamation League. Sammy has been involved with the Tribe of the entrepreneurial skills needed to develop The Tobias’ years of service, integrity, and Mic-O-Say and is a Keeper of the Sacred their own businesses. commitment should serve as an example to all Bundle. He also served on staff for three Drury University SIFE team volunteered of us. I ask unanimous consent to submit a years at H. Roe Bartle Scout Reservation. more than 5,000 hours of service to their com- letter of congratulations I recently sent them. munity last year. The students at Drury, how- For his Eagle Scout project, Sammy con- ever, are not alone. SIFE teams around the NOVEMBER 10, 2003. structed three road signs for Camp Shawnee, GLEN AND LYNN TOBIAS world engaged in hundreds of thousands of a Campfire USA camp. The new signs will Anti-Defamation League, help direct new campers and visitors to the hours of community service, impacting millions New York, NY. of people. Too often, the energy and idealism camp facilities. DEAR GLEN AND LYNN: I write with such re- of our youth are never fully utilized. In SIFE, Mr. Speaker, I proudly ask you to join me in spect, admiration, and gratitude for your in- commending Samuel Theodore Hucke IV for young people are given an opportunity to con- valuable contributions to the Anti-Defama- tribute meaningfully to their society. It is en- tion League. The ADL’s Distinguished Lead- his accomplishments with the Boy Scouts of couraging to see bright, passionate college ership Award is a fitting tribute to your America and for his efforts put forth in achiev- and university students work to ‘‘change the years of service to this vital institution, and ing the highest distinction of Eagle Scout. world’’ with a common sense approach that I am proud to join with those who honor you stimulates economic empowerment. as you receive the recognition you both so f Mr. Speaker, I commend the achievements deeply deserve. TRIBUTE TO HAROLD JAMES BOYD of Alvin Rohrs, the President and CEO of Stu- A key aspect of your leadership has been dents In Free Enterprise, and his team of co- your constant willingness to battle against workers at the SIFE World Headquarters in all forms of racism and intolerance. The dra- Springfield, Missouri. His leadership has en- matic rise in global anti-Semitism over the HON. SCOTT McINNIS abled SIFE to plant the seeds of free enter- past few years threatens to undermine the OF COLORADO prise on campuses across our nation and stability and progress we seek in the Middle IN THE HOUSE OF REPRESENTATIVES around the world. Mr. Rohrs and his team East, Europe, and around the world. Through work tirelessly to ensure the principles of free your efforts, the ADL has led the counter-at- Monday, November 17, 2003 enterprise are firmly rooted in the hearts and tack against this scourge, by seeking to measure the rise in anti-Semitism and to ad- Mr. MCINNIS. Mr. Speaker, it is with a sol- minds of college and university students on dress it in meetings with key heads of state emn heart that I rise to pay tribute to the pass- more than 1,500 campuses worldwide. By en- and foreign ministers, as well as at an inter- ing of a great man from my District. Harold couraging social entrepreneurship among national conference meant to bring Jewish James Boyd, better known as Father Theo, SIFE students, Mr. Rohrs and his staff have and non-Jewish leaders together to create a served the Old Snowmass Saint Benedict’s fostered real change in countries around the strategy to combat the problem. Monastery with dedication and commitment globe. In Ghana, SIFE teams taught impover- On our own shores, your efforts to educate until his death on October 8th of this year. Fa- ished villagers how to make and market soap the public have been greatly appreciated. ther Theo will be remembered as a valued from locally available resources. For the first You have led crucial initiatives to expand member of the Snowmass community, and I time in that community, money now changes ADL’s education programs on campuses and am honored to bring his many contributions to hands, and the people who live there have a schools, especially about hate crime preven- his community to the attention of this body of source of income. Alvin Rohrs and his team tion. You also educated the public and Mem- Congress. are also supporting programs in places where bers of Congress on the threats to religious free enterprise education is rare. In China, a liberty and civil rights by federal and state Father Theo entered the monastic life in SIFE team is helping managers of a state- voucher programs for private and religious 1950 at St. Joseph’s Abbey in Spencer, Mas- owned enterprise privatize the business and schools—an effort greatly welcomed by my- sachusetts. After his first charge, he spent the develop a plan for success in the face of an self and my colleagues on the Hill. rest of his years at Saint Benedict’s Mon- emerging market economy. For all these reasons and many more, you astery, where he served as retreat director, The success of SIFE has been well docu- are richly deserving of the ADL’s Distin- confessor, and cantor. Father Theo was also mented by both the national and international guished Leadership Award. I would like to an accomplished author who published a book business community. Business and industry thank you once again for your friendship and entitled ‘‘Tales of the Magic Monastery’’ in leaders frequently participate in SIFE competi- years of service to ADL, to the United 1981. States, and to the global community, which tions, judging SIFE teams and scouting future Mr. Speaker, Harold James Boyd was a have all benefited from your wisdom, your business leaders. They see and understand diligence, and your desire for equity and warm and generous soul who selflessly gave the importance of SIFE to the economic future peace. his life to inspire others. Throughout his life, of our nation and our world, as we all learn to Sincerely, Father Theo touched many lives and I am compete in a global market that emphasizes NITA M. LOWEY, honored to pay tribute to such an extraor- education and communication. Member of Congress. dinary man.

VerDate jul 14 2003 04:35 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A17NO8.032 E17PT1 E2308 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2003 A TRIBUTE TO WESNER MOISE, The practice of law is itself a worthy pursuit. Order of the Arrow and is a Warrior in the M.D. It is an accomplishment to do outstanding Tribe of Mic-O-Say. work for outstanding companies, as Mr. Beller For his Eagle Scout project, James repaired HON. EDOLPHUS TOWNS has done for two venerable giants of the finan- the restroom facilities at the Platte County OF NEW YORK cial services industry—American Express early Fairgrounds in Tracy, Missouri. He pressure IN THE HOUSE OF REPRESENTATIVES in his career and more recently MetLife. But washed, painted, and mortared the restrooms, Monday, November 17, 2003 what I have learned is that the preeminent and also cleaned up the surrounding ground. characteristic of the career of Gary Beller is Mr. Speaker, I proudly ask you to join me in Mr. TOWNS. Mr. Speaker, I rise in honor of his devotion to best practices and legal excel- commending James Riley Teeter for his ac- Wesner Moise, M.D. in recognition of his com- lence; setting the standard for highly ethical complishments with the Boy Scouts of Amer- mitment and service to his community and his and skilled legal work and consistently ex- ica and for his efforts put forth in achieving the outstanding accomplishments in the field of ceeding that standard out of sheer energy, tal- highest distinction of Eagle Scout. medicine. ent, and sense of responsibility. f Wesner is the director of Geriatric Medicine As 2003 draws to a close, Gary Beller re- at Interfaith Medical Center. He has been a tires from his position as senior executive vice TRIBUTE TO AL KELLY solo practitioner at the same Brooklyn location president and general counsel for MetLife. Mr. for 27 years. He earned his medical degree Beller joined MetLife in November 1994 and HON. SCOTT McINNIS from the State University of Haiti. He joined has since overseen the company’s extensive OF COLORADO St. Johns Episcopal Hospital, now Interfaith legal affairs group as well as the mergers and IN THE HOUSE OF REPRESENTATIVES Medical Center, for a rotative internship after acquisitions department. One of the notable Monday, November 17, 2003 completing an additional six-month rotation in accomplishments of his tenure at MetLife was pathology. He spent the next three years in his contribution to bringing the company public Mr. MCINNIS. Mr. Speaker, it is my honor to the Department of Medicine and became chief in 2003 from its previous status as a mutual rise and pay tribute to a remarkable man from resident. He remained very active in the Insti- company. MetLife became one of the most my district. Alfred E. Kelly from Alamosa, Col- tution and served on different committees: widely held public stocks as result of the suc- orado. He has dedicated his life to the better- Quality Assurance, Infection Control and the cessful completion of the transaction. ment of others, and I am proud to call his con- Medical Executive Committee. This is the kind of high quality work that has tributions to this body of Congress. Wesner has always had a special interest in made Gary Beller well known and respected Al has been the Director of the San Luis the elderly. He provides free seminars to sen- professionally. To those who know him and Valley Health Education Center for the last 25 ior centers, screening examinations and flu work with him, Mr. Beller personifies the best years. His tenure in this position has been de- vaccine. He is also a founding member of the of the corporate legal profession. The perfect fined by his brilliance and unwavering dedica- Haitian Association of Physicians Abroad example is his chairmanship of the Insurance tion. Over the past quarter century, Al has (AMHE), New York Chapter and frequently Marketplace Standards Association, an organi- been instrumental in the creation and adminis- lectures on health care issues affecting the zation devoted to establishing the best in eth- tration of numerous charitable organizations, Haitian community. He is a member of the ical market conduct for the insurance industry. including the Tu Casa battered women’s pro- American College of Physicians, the New York In addition to his professional success, Mr. gram, Hospice De Valle, and the Casa de Oro State Medical Society, Kings County Medical Beller has also been a leader in his commu- Center. Society and American Geriatric Society. nity. He served as Chairman of the Board of Al is also a founding member of the Valley Dr. Moise and his wife Mireille, an artist, Directors of the Citizens Crime Commission of Community Fund, an organization that assists have been married for thirty-three years. They New York for 10 years and remains a Vice 31 non-profit organizations in their fund raising are very proud of their three children who all Chairman today. He is also a member of the efforts. He has also spearheaded numerous graduated from Harvard University. Patrick, an Board of Directors of Lenox Hill Neighborhood community programs for the benefit of low-in- entrepreneur, is developing a software com- House, one of New York City’s renowned so- come students, senior citizens and patients. pany in Seattle, Washington. Astrid is an as- cial service agencies. Despite his steadfast dedication to those in piring academic cardiovascular surgeon. She In recognition of his outstanding accomplish- need, Al is a loving and devoted father, hus- is presently doing research on stem cells and ments, I ask my colleagues to join me in hon- band and friend. His engaging personality, in- angiogenesis at the University of Pennsyl- oring the dedication and service of Gary Beller tegrity and conviction result in Al having a vania. Michael, a financial analyst, is presently as he retires from MetLife. He is a role model positive impact on everyone he meets. Scores pursuing his MBA at Columbia University. The of civic involvement, corporate loyalty and pro- of people throughout the San Luis Valley and Moises are the quintessential ‘‘Interfaith Fam- fessionalism, and service to the legal profes- our State have had their lives enhanced as ily.’’ His wife and four sisters all worked as sion. He deserves our congratulations and the result of their interactions with Al. registered nurses at Interfaith. well wishes as he begins his retirement. Mr. Speaker, it is my honor to pay tribute to Dr. Moise’s philosophy can be summarized f Al Kelly. Al’s selfless dedication to serving as follows: Be all you can be, make a dif- those in need is a shining example to all ference for your community, be a role model RECOGNIZING JAMES RILEY TEE- Americans. The many charitable organizations for your children, and be supportive of your TER FOR ACHIEVING THE RANK that Al has supported are a testament to his family. OF EAGLE SCOUT altruistic spirit. On behalf of the countless peo- Mr. Speaker, Wesner Moise, M.D. has dedi- ple he has helped, and a grateful Nation, I cated his time and medical expertise to the would like to thank Al for all that he has done. community through his own practice and his HON. SAM GRAVES work at Interfaith Medical Center. As such, he OF MISSOURI f IN THE HOUSE OF REPRESENTATIVES is more than worthy of receiving our recogni- CONGRATULATIONS TO SENATOR tion today and I urge my colleagues to join me Monday, November 17, 2003 RICHARD J. CODEY, PRESIDENT in honoring this truly remarkable person. Mr. GRAVES. Mr. Speaker, I proudly pause OF THE NEW JERSEY SENATE f to recognize James Riley Teeter, a very spe- IN HONOR OF GARY A. BELLER cial young man who has exemplified the finest HON. DONALD M. PAYNE qualities of citizenship and leadership by tak- OF NEW JERSEY HON. CAROLYN B. MALONEY ing an active part in the Boy Scouts of Amer- IN THE HOUSE OF REPRESENTATIVES ica, Troop 351, and in earning the most pres- OF NEW YORK tigious award of Eagle Scout. Monday, November 17, 2003 IN THE HOUSE OF REPRESENTATIVES James has been very active with his troop, Mr. PAYNE. Mr. Speaker, I am pleased to Monday, November 17, 2003 participating in many scout activities. Over the rise today to recognize an outstanding public Mrs. MALONEY. Mr. Speaker, I rise today 4 years James has been involved with scout- servant from my home state, Senator Richard to pay tribute to Gary A. Beller of New York, ing, he has earned 32 merit badges and has J. Codey; as he ascends to the position of in recognition of his retirement from an ex- held numerous leadership positions, serving President of the New Jersey Senate. Senator traordinarily accomplished and distinguished as Patrol Leader, Quartermaster, Scribe, As- Codey is being honored by his many friends career of over thirty years in the corporate sistant Patrol Leader, and Troop Guide. and family members at a special ceremony at legal profession. James is also a Brotherhood Member in the the Essex County Hall of Records in Newark.

VerDate jul 14 2003 04:35 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.036 E17PT1 November 17, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2309 Senator Codey has established an out- Free Trade Area of the Americas; especially Theater. Al has also volunteered in countless standing reputation for both his legislative the most current appropriations of $8.5 million community events, including Fourth of July pa- achievements and his contributions to the that will assist our local South Florida commu- rades and sporting events. Silverton is truly a community. Senator Codey was elected to the nity. better place as the result of Al’s selfless dedi- Assembly in 1973 and re-elected three times. Free trade cannot encompass nations that cation He has served in the Senate since 1981. He are dictatorial, ruthless, and that lack regard Mr. Speaker, it is my honor to pay tribute to represents the 27th legislative district, which for freedom and human rights. Ruthless re- Al Homann. His selfless dedication to serving includes Caldwell, Essex Fells, Fairfield, Liv- gimes cannot be allowed entry into any free others is a shining example to all Americans. ingston, Maplewood, North Caldwell, Orange, trade agreements as they lack the funda- The many charitable events that Al has sup- Roseland, South Orange, West Orange, and mental premise for market-based trade to suc- ported are a testament to his altruistic spirit. part of Newark. Senator Codey was selected ceed freedom. Without a democratic system of On behalf of the countless people he has Senate Co-President for the 210th Legislative government, free trade cannot flourish. Brutal helped, and a grateful nation, I would like to Session beginning January 8, 2002. He will be dictatorships in our Hemisphere should not thank Al Homann for all that he has done, and selected President at the 211th Session of the have access into any form of free trade agree- congratulate him on his receipt of a well-de- Legislature in January, 2004. Senator Codey ments until they hold independent elections, served award. was Senate Minority leader from 1998 until free its political prisoners, allow freedom of f 2002. He chaired the Senate Health, Institu- press, and respect and upheld other basic lib- tions and Welfare Committee from 1982 to erties. RECOGNIZING PATRICK TAYLOR 1992, and has been a champion of the men- It is the hope of our South Florida commu- SAMPSELL FOR ACHIEVING THE tally ill and disabled in state institutions and nity that the Administration will select Miami as RANK OF EAGLE SCOUT group homes statewide. As a result of an un- the U.S. candidate city to serve as home to dercover investigation he initiated, strict back- the FTAA Secretariat, when an agreement is HON. SAM GRAVES ground checks and improved training stand- completed. Miami’s special and close relation- OF MISSOURI ards for all employees of state psychiatric in- ship with our Latin neighbors make the city a IN THE HOUSE OF REPRESENTATIVES natural choice to play this important role. stitutions were put into effect. Monday, November 17, 2003 Senator Codey has received numerous hon- As leaders of the Western Hemisphere meet ors and awards, including the state Psychiatric to discuss the vital issue of a tentative FTAA, Mr. GRAVES. Mr. Speaker, I proudly pause Association’s ‘‘Citizen of the Year’’ award and it is important to remember our local citrus in- to recognize Patrick Taylor Sampsell, a very the state Mental Health Association’s service dustry. special young man who has exemplified the award. As we strive to open new markets and ex- finest qualities of citizenship and leadership by A graduate of Fairleigh Dickinson University, pand opportunities for U.S. workers and busi- taking an active part in the Boy Scouts of Senator Codey is a licensed insurance broker nesses through seeking new trade agree- America, Troop 351, and in earning the most and president of the Olympic Agency. He is ments, we must ensure that our workers and prestigious award of Eagle Scout. married to the former Mary Jo Rolli. They are businesses have fair opportunities to compete Patrick has been very active with his troop, the proud parents of two sons, Kevin and in the increasingly global marketplace. participating in many scout activities. Over the Christopher. Any reduction of tariffs on imported orange three years Patrick has been involved with Mr. Speaker, I ask my colleagues here in juice would impede these important objectives. scouting, he has earned 44 merit badges and the U.S. House of Representatives to join me These tariffs help to promote competition, ena- has held numerous leadership positions, serv- in congratulating Senator Codey and wishing bling us to compete on a level playing field in ing as Patrol Leader, Quartermaster, Scribe, him all the best as he continues his out- the global marketplace. Assistant Patrol Leader, and Senior Patrol standing public service. It is very clear that any reduction in the tariff Leader. Patrick has also received the honor of f would have serious consequences on Florida’s Arrow of Light, is a Brotherhood Member in citrus industry and could potentially devastate the Order of the Arrow, and is a Brave in the THE IMPORTANCE OF SELECTING the State’s economy. The citrus industry is the Tribe of Mic-O-Say. MIAMI AS THE PERMANENT SEC- State’s second largest, contributing over $9 For his Eagle Scout project, Patrick refur- RETARIAT OF THE FREE TRADE billion to our economy. In addition, the citrus bished 60 fire hydrants in Platte City, Missouri AREA OF THE AMERICAS AND industry accounts for nearly 90,000 direct and by scraping, cleaning, and repainting the hy- THE VITAL PROTECTION OF indirect jobs throughout Florida and the coun- drants orange and black. He also cleaned the FLORIDA CITRUS try. area surrounding the hydrants. As delegates congregate in South Florida to Mr. Speaker, I proudly ask you to join me in HON. ILEANA ROS-LEHTINEN discuss the future of trade in the Western commending Patrick Taylor Sampsell for his OF FLORIDA Hemisphere, I call upon our leaders of the accomplishments with the Boy Scouts of IN THE HOUSE OF REPRESENTATIVES Hemisphere to not forget the hard workers of America and for his efforts put forth in achiev- Florida and the importance of Florida Citrus. ing the highest distinction of Eagle Scout. Monday, November 17, 2003 f f Ms. ROS-LEHTINEN. Mr. Speaker, South Florida is honored, as leaders from over thirty PAYING TRIBUTE TO AL HOMANN RED HOT MAMAS nations from the Western Hemisphere con- vene in my beautiful hometown of Miami to SPEECH OF HON. C.L. ‘‘BUTCH’’ OTTER discuss what is to be one of the largest free HON. SCOTT McINNIS OF IDAHO trade agreements in history. OF COLORADO IN THE HOUSE OF REPRESENTATIVES The FTAA would be the world’s largest free IN THE HOUSE OF REPRESENTATIVES market, with combined GDP of nearly $13 tril- Monday, November 17, 2003 lion in over 30 countries, and nearly 800 mil- Tuesday, November 11, 2003 Mr. OTTER. Mr. Speaker, I rise today to lion consumers. The creation of the FTAA Mr. MCINNIS. Mr. Speaker, it is my honor to recognize and praise the efforts of a group of would foster economic growth and opportunity, rise and pay tribute to a remarkable man from women known across America as ‘‘Idaho’s promote regional integration and good govern- my district. Al Homann from Silverton, CO was Ambassadors of Fun.’’ They are the Red Hot ance. In concert with my colleagues in the recently named Silverton’s ‘‘Citizen of the Mamas—a family oriented musical-comedy U.S. Congress, I have corresponded and met Year,’’ and I am proud to call his contributions troupe from Coeur d’Alene, ID. These are numerous times with Ambassadors Zoellick to the attention of this body of Congress. women in the prime of their lives, all over the and Cobb to discuss at length the selection of The charitable acts that culminated in Al’s age of 30, who revel in sharing their good Miami as the headquarters for the Secretariat. recognition as ‘‘Citizen of the Year’’ are too humor and infectious high spirits. The ladies Miami is a perfect location for the Secre- numerous to list. He is an active member of wear brightly colored house dresses and 5- tariat due to its bustling economy, multilingual the American Legion, and an organizer of the foot-tall hats made from empty grocery car- population and its role as the hub for Latin ‘‘Hoop Shoot,’’ a yearly event that raises funds tons, milk jugs, balloons or other household America. for local scholarships. In addition, Al has items. They can be found most days in one I have supported efforts on behalf of Miami spread his joy for life to countless audience parking lot or another in Coeur d’Alene, prac- that involve the Permanent Secretariat of the members as a performer in the Miner’s Union ticing their precision drill-team routines. The

VerDate jul 14 2003 04:35 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.040 E17PT1 E2310 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2003 Red Hot Mamas performed at the 54th Presi- three years Kyle has been involved with tion on November 20, I wish him, his lovely dential Inaugural Parade in Washington, D.C., Scouting, he has earned 40 merit badges and wife Cathy and their two daughters, Erin and on ABC’s ‘‘Good Morning America’’ and has held numerous leadership positions, serv- Hannah, the very best in the future. ‘‘Nightline’’ programs, at Philadelphia’s Inde- ing as Assistant Patrol Leader, Patrol Leader, f pendence Day Parade; Hershey, Pennsylva- Quartermaster, and Chaplain Aide. Kyle has FREEDOM FOR NORMANDO nia’s Centennial Anniversary Parade; the Fi- also received the honor of Arrow of Light, is a ´ ´ esta Bowl Parade in Tempe, Arizona; the Holi- Brotherhood Member in the Order of the HERNANDEZ GONZALEZ day Bowl Parade in San Diego; the Seafair Arrow, and is a Brave in the Tribe of Mic-O- Parade in Seattle and many more. Many of Say. HON. LINCOLN DIAZ-BALART their performances have raised money for var- For his Eagle Scout project, Kyle planned OF FLORIDA ious charities. They soon will be traveling to and built ten blue birdhouses and one wood IN THE HOUSE OF REPRESENTATIVES duck house. He then placed them along a na- England to perform in London’s New Year’s Monday, November 17, 2003 Day Parade—the world’s largest. Once again ture trail and the pond at Riverview Park in they will be spreading the word about their Platte City, Missouri. Mr. LINCOLN DIAZ-BALART of Florida. Mr. beautiful home state of Idaho, and spreading Mr. Speaker, I proudly ask you to join me in Speaker, I rise to inform this Congress about joy in the process. I want to thank these commending Kyle D. Snyder for his accom- Normando Herna´ndez Gonza´lez, a prisoner of unique, fun-loving ladies and let them know plishments with the Boy Scouts of America conscience in totalitarian Cuba. their efforts are appreciated. and for his efforts put forth in achieving the Mr. Herna´ndez, age 32, and the director of f highest distinction of Eagle Scout. the College of Independent Journalists, has f been a chronicler of truth amid the lies and TRIBUTE TO ABIGAIL RICE deceit of Castor’s villainous regime. As a jour- RECOGNIZING THE RETIREMENT nalist who exposed the ruthless repression HON. SCOTT McINNIS OF JIM L. RIDLING OF MONT- and failed policies of Cuba’s totalitarian dic- GOMERY, ALABAMA OF COLORADO tator, Mr. Herna´ndez has been continuously IN THE HOUSE OF REPRESENTATIVES harassed by Castro’s political police. He was HON. MIKE ROGERS detained and released miles from his home on Tuesday, November 11, 2003 OF ALABAMA at least two occasions and his telephone has Mr. MCINNIS. Mr. Speaker, it is with pro- IN THE HOUSE OF REPRESENTATIVES been cut off since June 15, 2002. found sadness that I rise today to recognize Men and women who seek truth and free- Monday, November 17, 2003 the life and contributions of Abigail Rice from dom are the enemies of Castro’s totalitarian Durango, CO. Abi’s life was recently cut short Mr. ROGERS of Alabama. Mr. Speaker, I dictatorship. On March 24, 2003, Mr. in a tragic accident. As her family mourns their rise today to pay tribute to Jim L. Ridling of Herna´ndez was sentenced to 25 years in the loss, I think it is appropriate to call her tremen- Montgomery, Alabama, on the occasion of his Cuban totalitarian gulag. According to the dous contributions to the attention of this body retirement as President, CEO and Chairman sham indictment ‘‘He prepared reports . . . in of Congress and our Nation. of the Board of Southern Guaranty, a part of which he attacked the health system (and) the Abi was an excellent student. A member of Winterthur Insurance Company. education provided in this country, questioned the Dean’s List at Colorado State University, Jim was born and raised in Arkansas. He the justice system, tourism, culture, agri- she was majoring in Natural Sciences. Abi began his professional career as a Manage- culture....’’ was also a member of the PreMedica Club, ment Trainee with Fireman’s Fund Insurance Mr. Herna´ndez, for the ‘‘crime’’ of reporting and the Air Force ROTC. She had plans to at- Companies in 1967. By 1984, he was Execu- truth instead of government mandated lies, is tend medical school following graduation and tive Vice President of United States Oper- languishing in Castro’s gulag. According to a her dream was to serve her country in the ations. In 1987, he traded his ownership in statement by his wife, Yarai Reyes, on Sep- United States Air Force as a flight surgeon. Fireman’s Fund for ownership in Southern tember 3, 2003, the food in the gulag was Abi also excelled in athletics. She was a Guaranty Insurance Company, then a sub- often rotten, Mr. Herna´ndez had no electricity High School Barrel Racing State Champion, sidiary of Fireman’s Fund, and moved to in his cell and was being refused all medical an accomplished participant in 4–H, and a co- Montgomery, Alabama, as President and CEO care. captain of Colorado State’s Varsity Trap and of Southern Guaranty. Mr. Speaker, last Thursday, in his address Skeet Team. Throughout his business career, Jim Ridling at the 20th anniversary of the National Endow- Despite Abi’s many academic and athletic has been involved in varied professional orga- ment for Democracy, President George W. talents, those who knew her well say that her nizations. He is a member of the International Bush said ‘‘Communism, and militarism and greatest attribute was her loving and caring Insurance Society and the National Associa- rule by the capricious and corrupt are the rel- personality. Abi had an infectious love of life tion of Independent Insurers. He is a past ics of a passing era. And we will stand with and her many friends and family will miss her member of the University of Alabama School these oppressed peoples until the day of their deeply. of Business’ Board of Advisors; the Advisory freedom finally arrives.’’ President Bush went Mr. Speaker, it is my honor to rise and pay Board of the University of Arkansas Business on to state, ‘‘The advance of freedom is the tribute to Abigail Rice. Abi was an amazing School; and a graduate of Stanford Univer- calling of our time; it is the calling of our coun- young woman and my heart goes out to her sity’s Inaugural Leadership Effectiveness Stud- try.’’ family and friends during this difficult time. ies Program. Currently, he is a member of the My Colleagues, I applaud President Bush’s f School of Business Advisory Council for Troy stirring remarks and I ask that we answer his State University. call to advance freedom by demanding liberty RECOGNIZING KYLE D. SNYDER Jim Ridling continues to be very much in- for every prisoner of conscience. Today I ask FOR ACHIEVING THE RANK OF volved in his community. He is a member of the entire Congress to cry with one, united, EAGLE SCOUT the Executive Board of the Montgomery Air voice for the immediate release of Normando Force Association; a member of the Board of Herna´ndez Gonza´lez. HON. SAM GRAVES Directors of the Business Council of Alabama; f OF MISSOURI a member of the Board of Directors of the RECOGNIZING BRETT MICHAEL IN THE HOUSE OF REPRESENTATIVES Montgomery Area Chamber of Commerce and Chairman of their Military Council; and a mem- BABCOCK FOR ACHIEVING THE Monday, November 17, 2003 ber of the Montgomery Area Committee of RANK OF EAGLE SCOUT Mr. GRAVES. Mr. Speaker, I proudly pause 100. Jim is also President of the Board of Di- to recognize Kyle D. Snyder, a very special rectors of the Montgomery Ballet; a member of HON. SAM GRAVES young man who has exemplified the finest the Board of Directors of the Montgomery Mu- OF MISSOURI qualities of citizenship and leadership by tak- seum of Fine Arts and a Boy Scouts Board of IN THE HOUSE OF REPRESENTATIVES ing an active part in the Boy Scouts of Amer- Director. ica, Troop 351, and in earning the most pres- I congratulate Jim Ridling for his accom- Monday, November 17, 2003 tigious award of Eagle Scout. plishments and his willingness to share of him- Mr. GRAVES. Mr. Speaker, I proudly pause Kyle has been very active with his troop, self in service to his new adopted state. On to recognize Brett Michael Babcock, a very participating in many Scout activities. Over the the special occasion of his retirement celebra- special young man who has exemplified the

VerDate jul 14 2003 04:35 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.044 E17PT1 November 17, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2311 finest qualities of citizenship and leadership by HONORING THE CONFEDERATED public charter school that serves 170 children taking an active part in the Boy Scouts of TRIBES OF SILETZ INDIANS ON from the surrounding community, was opened America, Troop 351, and in earning the most THE 26TH ANNIVERSARY OF THE after the local school closed due to budget prestigious award of Eagle Scout. RESTORATION TO FEDERAL REC- cuts. Brett has been very active with his troop, OGNITION As you can see, since their successful fight participating in many Scout activities. Over the to regain federal recognition, the Confederated two years Brett has been involved with Scout- HON. DARLENE HOOLEY Tribes of Siletz Indians have been dedicated ing, he has earned 27 merit badges and has OF OREGON to improving the lives of their 4,000 members held numerous leadership positions, serving IN THE HOUSE OF REPRESENTATIVES as well as the lives of the people of Oregon. One of the best examples of this dedication to as Patrol Leader, Librarian, Senior Patrol Monday, November 17, 2003 Leader, and Assistant Senior Patrol Leader. improvement is the Siletz Tribal Charitable Brett is also a Brotherhood Member in the Ms. HOOLEY of Oregon. Mr. Speaker, I rise Contribution Fund, which has distributed more Order of the Arrow and is a Brave in the Tribe today to honor the Confederated Tribes of than $1.5 million to projects in Oregon. of Mic-O-Say. Siletz Indians as they celebrate their 26th an- Today it is my pleasure to honor and recog- niversary of the Restoration to Federal Rec- nize the Confederated Tribes of Siletz Indians For his Eagle Scout project, Brett did land- ognition on November 15, 2003. as they celebrate their 26th anniversary of scaping for the courtyard at Heritage Village The Confederated Tribes of Siletz Indians is their Restoration to Federal Recognition. Assisted Living Center in Platte City, Missouri. a confederation of 27 tribes which originally f Brett planted and mulched two trees, built a ranged from Northern California to Southern birdfeeder, and also constructed two wooden Washington. In 1954, the Confederated Tribes RECOGNIZING MR. FRED SALEM benches that were placed in the courtyard for of Siletz Indians were one of many tribes use by the residents. whose federal status was terminated by Con- HON. DALE E. KILDEE Mr. Speaker, I proudly ask you to join me in gress, and all their lands were taken away. OF MICHIGAN commending Brett Michael Babcock for his ac- The Siletz reservation, which once exceeded IN THE HOUSE OF REPRESENTATIVES complishments with the Boy Scouts of Amer- 1.1 million acres was completely gone, and Monday, November 17, 2003 ica and for his efforts put forth in achieving the the confederation was no longer recognized. highest distinction of Eagle Scout. While nothing could destroy the tribes’ cul- Mr. KILDEE. Mr. Speaker, I rise before you ture and traditions that were passed from gen- today to recognize the accomplishments of my f eration to generation, the lack of federal rec- longtime friend Mr. Fred Salem. Fred Salem is ognition and support hurt the Siletz. a child advocate and philanthropist. His hard PAYING TRIBUTE TO VERNA In the late 1960s, a group of tribal members work and dedication to the people of Genesee TOWNE which recognized the severe effects that the County is without doubt commendable. On termination was having on the tribe began to November 12, 2003, the community along with HON. SCOTT McINNIS work to reverse the effects. They restored the his family gathered to say thank you during a tribal cemetery and created programs for drug party held at the Ramada Inn located in my OF COLORADO and alcohol rehabilitation, job training, and hometown of Flint, Michigan. IN THE HOUSE OF REPRESENTATIVES other social services. As they worked to fight Fred Salem has been a resident of Mt. Mor- against the ills that termination had brought ris Township for 35 years. If one could sum up Monday, November 17, 2003 on, the group realized that it must regain its the character of Fred Salem, it would be said Mr. MCINNIS. Mr. Speaker, it is my honor to federal recognition. that he is a concerned, compassionate, loyal rise and pay tribute to a remarkable woman After many years of intense lobbying, the and dedicated citizen. Fred is a humanitarian. from my district. Verna Towne from Mancos, tribe regained its federal recognition on No- Fred has dedicated numerous hours and dol- Colorado was recently named ‘‘Citizen of the vember 18th, 1977 when President Carter lars toward worthy causes. Through his efforts Year’’ for the Mancos Valley. I am proud to signed an act of Congress restoring the Siletz. many children and organizations have been call her contributions to the attention of this The Confederated Tribes of Siletz Indians able to fulfill dreams that would have other- body of Congress and this nation today. were the second tribe in the Untied States and wise been dismissed. Fred is currently affili- ated with a number of organizations, those or- The charitable acts that culminated in the first in Oregon to have their federal rec- ganizations include but not limited to, the Verna’s recognition as ‘‘Citizen of the Year’’ ognition restored. Since being restored, the tribe has blos- Whaley Children’s Center, St. John Vianney are too numerous to list. She is an active somed and re-established nearly all of its insti- Day Care, New Life Childcare & Preschool, member of the VFW and Lioness clubs, volun- tutions of government. This re-establishment Girl Scouts and Brownies Troops of Genesee teers her time at the Mancos Senior Center, of tribal government has led to better service County, Boy Scouts, The Sylvester Broome and is instrumental in the organization of the programs and economic growth which in turn Center, Big Brothers and Sisters Organization. USDA Commodity Give-Away. Although she has led to greater preservation of tribal history Fred is also involved with the Flushing Com- donates her time in many ways, Verna is best and tradition. munity Church of the Nazarene, Dr. John known for her excellent cooking. She often With its recognition restored and tribal gov- Socey and staff, Dr. Chambers & Staff, St. serves meals at a church breakfast club for ernment re-established, the tribe began to Pius Church and Bible groups, St. George, teens, the Good Samaritan Center, and 9 grow, and that growth continues to this day. In New Life Christian Fellowship, St. Robert’s Health Fairs as well. 1983, a community center was built, serving Pre-K classes (all), St. Robert’s Kindergarten Verna always extends a hand to those in as an all-purpose gathering place for tribal and classes, Flushing Kindergarten, St. Agnes need. She can often be seen shoveling snow non-tribal activities. 1991 brought the addition Church, 96.1 and 93.7 radio stations’ picnic, from a friend’s driveway, or delivering food to of a community health clinic which serves all Johnny Burke Birthday Party, and the North- those in need of a home-cooked meal. members of the community, tribal and non- ern High School Class Reunion. Verna’s dedication can best be described as tribal. An administration building was devel- On a personal note, each year Fred and his tireless altruism and her hard work on behalf oped in 1995 which provides many services to wife Cindy host the annual Community Fourth of others often extends late into the night. tribal members on the reservation and in elev- of July fireworks display in their backyard. Verna is truly a compassionate and loving en surrounding counties in Oregon. Fred steps up when the Government can’t. At woman and Mancos is lucky to have her. In 1995 the tribe developed its biggest eco- his residence Fred has transposed his back- Mr. Speaker, it is my honor to pay tribute to nomic project to date, the Chinook Winds Ca- yard into a miniature Disney Land. Children Verna Towne. Verna’s selfless dedication to sino and Convention Center. This venture, from ages 2 and beyond come to partake in serving others is a shining example to all combined with the other tribal projects, made the fun festivities that are held there year Americans. The many charitable events Verna the tribe one of the largest employers in Lin- around. One attraction that children enjoy is has supported over the years are a testament coln County. the go-cart course he had installed and also to her vibrant and altruistic spirit. On behalf of This growth didn’t end with the creation of the historical walkthrough, which includes an the countless people she has helped, and a the casino and convention center. Since 1995, old fashion store, antique cars and trucks. grateful nation, I would like to thank Verna for the tribe has built a Dance House, the Siletz Aside from being an outstanding leader and all she has done, and congratulate her on the Tribal Business Corporation, and most re- role model, he is a wonderful devoted family receipt of a well-deserved award. cently the Siletz Valley School. The school, a man to his wife Cindy.

VerDate jul 14 2003 04:47 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.049 E17PT1 E2312 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2003 Mr. Speaker, as a member of Congress, I cated to helping those in need. There is no Camden County Veterans Affairs Office since ask my colleagues in the 108th Congress to doubt that countless people are better off as 1990, becoming a part time employee with the please join me in congratulating my friend the result of Paula’s selfless commitment to Office while serving as Supervisor of Veterans Fred Salem. He has served his community others. Interment for Camden County. with enthusiasm and concern. I wish him all Mr. Speaker, the dedication and integrity Al was also a leader in the greater Philadel- the best in the future. demonstrated throughout Paula Schaefer’s life phia labor community. Retiring in 1977, Al was f certainly deserves the recognition of this body the Shop Steward for Teamsters Union Local of Congress and our nation. There is no ques- 628 of Philadelphia where he worked for over RECOGNIZING MARCUS W. PHIL- tion that Paula will be remembered as a great 25 years. He was the building maintenance LIPS FOR ACHIEVING THE RANK businesswoman. However, she will best be re- supervisor for the borough of Berlin for over OF EAGLE SCOUT membered as a selfless person, a great friend, 10 years. Additionally, Al was very active in and a dedicated mother and wife. My heart community athletics as a founder and past HON. SAM GRAVES goes out to Paula’s loved ones in this difficult president of the Interboro Athletic Association, OF MISSOURI time of bereavement. former coach of the Overbrook Cowboys, and IN THE HOUSE OF REPRESENTATIVES f former member and coach of the Berlin Ath- letic Association. Monday, November 17, 2003 TRIBUTE TO WILLIAM AUSTIN Whether he was helping veterans navigate Mr. GRAVES. Mr. Speaker, I proudly pause the Veterans Administration bureaucracy, sell- to recognize Marcus W. Phillips, a very special HON. ROBERT T. MATSUI ing poppies each May to raise money for young man who has exemplified the finest OF CALIFORNIA South Jersey veterans or organizing scores of qualities of citizenship and leadership by tak- IN THE HOUSE OF REPRESENTATIVES events to pay tribute to our nation’s heroes, ing an active part in the Boy Scouts of Amer- Mr. Vierling worked tirelessly to assist and Monday, November 17, 2003 ica, Troop 362, and in earning the most pres- honor veterans. Al did everything in his power tigious award of Eagle Scout. Mr. MATSUI. Mr. Speaker, I would like to to make sure that our government upheld the Marcus has been very active with his troop, congratulate William Austin on being honored promises it made to veterans and that the participating in many Scout activities. Over the with the National Caring Award for his efforts American people did not forget the sacrifices ten years Marcus has been involved with to help hearing-impaired children around the made and the freedom won by those who scouting, he has earned 21 merit badges and world. Through his tireless work at the Starkey served our nation in uniform. Additionally, on has held numerous leadership positions, serv- Hearing Foundation, William has helped pro- the athletic field, Al taught scores of South ing as Chaplain Aide, Quartermaster, Patrol vide over 80,000 hearing aids to children in 70 Jersey youth the value of hard work and dedi- Leader, and Scribe. Marcus earned the honor countries since 2000. cation. of Brave, Warrior, and Firebuilder in the Tribe William has worked constantly on innovative Mr. Speaker, Al Vierling left the First Con- of Mic-O-Say and served on staff at H. Roe ways to improve hearing technology and gressional District of New Jersey a better Bartle Scout Reservation teaching younger serves many high profile celebrities and ath- place. He touched the lives of hundreds of scouts woodworking. letes. But his true calling lies in helping chil- people in South Jersey. His lifelong service For his Eagle Scout project, Marcus orga- dren around the world who suffer from hearing will not be forgotten. nized and supervised ten other Scouts in the impairment. By donating hearing aids, bat- f landscaping of a section of the Children’s Gar- teries and other hearing products to countless den at Duncan Road Baptist Church in Blue needy children, he has given them the ulti- TRIBUTE TO JOSE MACARIO Springs, Missouri. They spent 150 hours plant- mate gift—the gift of hearing. Where there VALDEZ ing trees and shrubs, placing decorative rock, was once silence, thousands of children can and adding both edging and fencing to the now hear their mother’s voice, the falling rain, HON. SCOTT McINNIS Garden. and the sweet sound of music. OF COLORADO Mr. Speaker, I proudly ask you to join me in The Caring Institute, who honored William IN THE HOUSE OF REPRESENTATIVES commending Marcus W. Phillips for his ac- with the award, seeks to promote the values Monday, November 17, 2003 complishments with the Boy Scouts of Amer- of caring, integrity and public service. Those ica and for his efforts put forth in achieving the selected to receive the National Caring Award, Mr. MCINNIS. Mr. Speaker, it is with a sol- highest distinction of Eagle Scout. including William, represent the best of these emn heart that I pay tribute to Jose Macario f qualities. Valdez of Trinidad, Colorado. Jose passed Again, I congratulate William. And thank you away recently at the age of 79, and as I look TRIBUTE TO PAULA SCHAEFER for all your work for hearing impaired children back on his life, I see the story of a great around the world. American. As his family mourns their loss, I HON. SCOTT McINNIS f think it is appropriate that we remember OF COLORADO Jose’s life, and celebrate the outstanding con- TRIBUTE TO MR. ALBERT H. IN THE HOUSE OF REPRESENTATIVES tributions that he made to the community of VIERLING, JR. Trinidad, and this country. Monday, November 17, 2003 Jose was born in Trinidad in 1924. During Mr. MCINNIS. Mr. Speaker, it is with pro- HON. ROBERT E. ANDREWS World War II, he answered his country’s call to found sadness that I rise today to recognize OF NEW JERSEY duty and joined the Army Air Corps. As an Air the life and contributions of a remarkable IN THE HOUSE OF REPRESENTATIVES Transportation Technician in the Pacific The- woman from my district. Paula Schaefer from ater, Jose served with remarkable valor and Durango, Colorado passed away recently at Monday, November 17, 2003 courage on nearly 100 missions. For his her- the age of 54. She will long be remembered Mr. ANDREWS. Mr. Speaker, I rise today to oism, Jose was awarded the Distinguished for charitable acts in her community, her pay tribute to Mr. Albert H. Vierling, Jr., a Flying Cross, the Bronze Star, a Good Con- friendly disposition, and her unyielding love for community leader and veterans advocate from duct Medal, and the Burma Asiatic Pacific her family. Berlin, New Jersey who died suddenly on Oc- Service Medal. Jose’s awards are illustrative Paula was born in Wichita Falls, Texas in tober 24, 2003. of the courage and valor that defined his self- 1948. It was there that she met and married A decorated Army Veteran of the Korean less protection of our country. Lyndall, her husband of 36 years. Upon mov- War, Al was a member of ANMAC VFW Post Upon returning to Trinidad, Jose met and ing to Durango, Paula became an accom- #6253 where he served as Service Officer and married Prospera Lovato, his wife of 56 years. plished Businesswoman. She served as the was the Commander for 12 years. He was a He went to work for CF&I Steel for eight President of the Durango area Association of member, Service Officer, and past commander years. He then became a coal miner before Realtors, and was recognized as ‘‘Realtor of of American Legion Post #271. Al was the going to work for the City of Trinidad as a the Year’’ in 2003. Commander of Camden County VFW District power plant fireman, a position he held for 24 Paula’s contributions to the Durango com- 1984–1985 receiving the All American District years. Jose was deeply involved in the Trini- munity were extensive. As a member of the Commander Award. He was a 1977 founding dad community. He was an active member of Lion’s Club, and co-founder of the local chap- member of the Camden County Veteran Advi- the Sociedad De San Antonia de Padua and ter of Habitat for Humanity, Paula was dedi- sory Committee. Al was a volunteer with the the Holy Trinity Church as well.

VerDate jul 14 2003 04:35 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.052 E17PT1 November 17, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2313 Mr. Speaker, it is my honor to pay tribute was recently named ‘‘Prosecutor of the Year.’’ Taskforce, and the Western Slope Center for today to a fine American. A loving and de- As a District Attorney, Pete works tirelessly for Children. He is truly dedicated to protecting voted husband, father, grandfather and great the betterment of his community, and I am women and children from the terrors of do- grandfather, Jose Macario Valdez will be pleased to call his contributions to the atten- mestic violence. deeply missed by his family and the Trinidad tion of this body of Congress, and this Nation Pete’s contributions reach far beyond the community. I am proud to call Jose’s valiant here today. courtroom. Despite his untiring dedication to protection of our country, and selfless dedica- Pete graduated from the University of Colo- his work, Pete manages to find time to be a tion to the Trinidad community to the attention rado School of law in 1988, and upon gradua- great father and is the volunteer coach for his of this body of Congress and this nation here tion, he became a Deputy District Attorney for children’s soccer and basketball teams. Pete today. My thoughts go out to his family in this Adams County. Later, Pete took a position is also involved in passing along his knowl- difficult time. with the 21St Judicial District Attorney’s Office edge and ethics to the next generation of f in 1992, where he currently serves as a Chief prosecutors and police officers. Each year, he Deputy District Attorney. Pete’s experience is teaches a number of classes and supervises TRIBUTE TO PETE HAUTZINGER vast. He has tried 97 jury trials, 51 of which a number of young Deputy District Attorneys. have been at the felony level. HON. SCOTT McINNIS Pete approaches his job with the best inter- Mr. Speaker, Pete Hautzinger is truly a tre- mendous asset to his community. I know that OF COLORADO ests of his district’s citizens in mind. As a the people of Mesa, Colorado feel safer as the IN THE HOUSE OF REPRESENTATIVES leading advocate for the victims of domestic violence, Pete works tirelessly in conjunction result of his tireless dedication to the pursuit of Monday, November 17, 2003 with police and victims to assure that justice is justice. I am proud to join the people of Mesa Mr. MCINNIS. Mr. Speaker, it is my honor to achieved. Pete also works with various do- in thanking Pete for his service and congratu- rise and pay tribute to a remarkable man from mestic violence organizations such as Men lating him for his achievements. my district. Pete Hautzinger of Mesa, Colorado Against Violence, the Domestic Violence

VerDate jul 14 2003 04:35 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A17NO8.057 E17PT1 E2314 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2003 SENATE COMMITTEE MEETINGS 9:30 a.m. sas, to be Special Counsel, Office of Governmental Affairs Special Counsel. Title IV of Senate Resolution 4, To hold hearings to examine the threat Room to be announced agreed to by the Senate on February 4, of agroterrorism. 9 a.m. 1977, calls for establishment of a sys- SD–342 Governmental Affairs tem for a computerized schedule of all Judiciary Investigations Subcommittee meetings and hearings of Senate com- To hold hearings to examine pending ju- To resume hearings to examine the role mittees, subcommittees, joint commit- dicial nominations. of professional organizations like ac- tees, and committees of conference. SD–226 counting firms, law firms, and finan- 10 a.m. cial institutions in developing, mar- This title requires all such committees keting and implementing tax shelters. to notify the Office of the Senate Daily Health, Education, Labor, and Pensions To hold hearings to examine S. 741, to SH–216 Digest—designated by the Rules Com- amend the Federal Food, Drug, and 9:30 a.m. mittee—of the time, place, and purpose Cosmetic Act with regard to new ani- Commerce, Science, and Transportation of the meetings, when scheduled, and mal drugs, proposed Mammography To hold hearings to examine drug impor- any cancellations or changes in the Quality Standards Reauthorization tation. meetings as they occur. Act, proposed Medical Device Tech- SR–253 nical Corrections Act, proposed Organ 10 a.m. As an additional procedure along Banking, Housing, and Urban Affairs with the computerization of this infor- Donation and Recovery Improvement Act, and pending nominations. Business meeting to consider S. 1531, to mation, the Office of the Senate Daily require the Secretary of the Treasury SD–430 Digest will prepare this information for to mint coins in commemoration of 2:30 p.m. Chief Justice John Marshall, and the printing in the Extensions of Remarks Governmental Affairs nominations of Alicia R. Castaneda, of section of the CONGRESSIONAL RECORD Oversight of Government Management, the the District of Columbia, to be a Direc- on Monday and Wednesday of each Federal Workforce, and the District of week. tor of the Federal Housing Finance Columbia Subcommittee Board, and Thomas J. Curry, of Massa- Meetings scheduled for Tuesday, No- To resume hearings to examine the Au- chusetts, to be a Member of the Board vember 18, 2003 may be found in the gust 2003 Northeast blackouts and the of Directors of the Federal Deposit In- Daily Digest of today’s RECORD. Federal role in managing the nation’s surance Corporation; to be imme- electricity. diately followed by a hearing on im- SD–342 MEETINGS SCHEDULED proving the corporate governance of the NYSE. NOVEMBER 20 SD–538 NOVEMBER 19 Time to be announced 2 p.m. 9 a.m. Governmental Affairs Banking, Housing, and Urban Affairs Armed Services Business meeting to consider the nomi- To resume hearings to examine current To hold hearings to examine current nations of James M. Loy, of Virginia, investigations and regulatory actions Army issues. to be Deputy Secretary of Homeland regarding the mutual fund industry. SH–216 Security, and Scott J. Bloch, of Kan- SD–538

VerDate jul 14 2003 04:35 Nov 18, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\M17NO8.000 E17PT1 Monday, November 17, 2003 Daily Digest Senate Durbin Amendment No. 2195 (to Amendment Chamber Action No. 2150), to provide that none of the funds pro- Routine Proceedings, pages S14923–S14971 vided in this Act may be expended to apply, in a Measures Introduced: Eight bills were introduced, numerical estimate of the benefits of an agency ac- as follows: S. 1868–1875. Pages S14964–65 tion prepared pursuant to Executive Order 12866 or section 812 of the Clean Air Act, monetary values Measures Reported: for adult premature mortality that differ based on S. 720, to amend title IX of the Public Health the age of the adult. Pages S14934–36 Service Act to provide for the improvement of pa- Bond (for Daschle) Amendment No. 2196 (to tient safety and to reduce the incidence of events Amendment No. 2150), to provide for epidemiolog- that adversely effect patient safety, with an amend- ical studies on Vietnam veterans exposed to Agent ment in the nature of a substitute. (S. Rept. No. Orange and other herbicides used in Vietnam. 108–196) Pages S14937–38 S. 1136, to restate, clarify, and revise the Soldiers’ Bond (for Feingold) Amendment No. 2197 (to and Sailors’ Civil Relief Act of 1940, with an Amendment No. 2150), to prohibit the use of funds amendment in the nature of a substitute. (S. Rept. by the Department of Veterans Affairs to implement No. 108–197) policies that prohibit the Veterans Integrated Service S. 793, to provide for increased energy savings Networks from conducting outreach or marketing to and environmental benefits through the increased use enroll new veterans in such Networks. Page S14938 of recovered mineral component in federally funded Bond (for Cantwell) Amendment No. 2198 (to projects involving procurement of cement or con- Amendment No. 2150), to require a study of the crete, with an amendment in the nature of a sub- Moving to Work demonstration program. stitute. (S. Rept. No. 108–198) Pages S14938–39 S. Res. 253, to recognize the evolution and impor- Withdrawn: tance of motorsports. Page S14964 Clinton Amendment No. 2152 (to Amendment Measures Passed: No. 2150), to permit the use of funds for the Cap- ital Asset Realignment for Enhanced Services Private Security Officer Employment Authoriza- (CARES) initiative of the Department of Veterans tion Act: Senate passed S. 1743, to permit reviews Affairs for purposes of enhanced services while lim- of criminal records of applicants for private security iting the use of funds for the initiative for purposes officer employment. Pages S14969–70 of the closure or reduction of services pending a VA–HUD Appropriations Act: Senate resumed modification of the initiative to take into account consideration of H.R. 2861, making appropriations long-term care, domiciliary care, and mental health for the Departments of Veterans Affairs and Housing services and other matters. Page S14937 and Urban Development, and for sundry inde- Pending: pendent agencies, boards, commissions, corporations, Bond/Mikulski Amendment No. 2150, in the na- and offices for the fiscal year ending September 30, ture of a substitute. Page S14932 2004, taking action on the following amendments Dayton Amendment No. 2193 (to Amendment proposed thereto: Pages S14932–40 No. 2150), to fully fund the Paul and Sheila Adopted: Wellstone Center for Community Building. Bond (for Reid/Graham (FL)) Amendment No. Pages S14936–37 2194 (to Amendment No. 2150), to express the A unanimous-consent agreement was reached pro- sense of Congress on damages caused by the regime viding for further consideration of the bill and cer- of Saddam Hussein during the First Gulf War. tain amendments on Tuesday, November 18, 2003. Pages S14932–34 Page S14971 D1280

VerDate jul 14 2003 04:17 Nov 18, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D17NO3.REC D17NO3 November 17, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1281 Federal Aviation Administration Authoriza- James C. Oberwetter, of Texas, to be Ambassador tion—Conference Report: Senate resumed consid- to the Kingdom of Saudi Arabia. eration of the conference report on H.R. 2115, to Glyn T. Davies, of the District of Columbia, a Ca- amend title 49, United States Code, to reauthorize reer Member of the Senior Foreign Service, Class of programs for the Federal Aviation Administration. Minister-Counselor, for the rank of Ambassador dur- Pages S14940–52 ing his tenure of service as the Political Director for During consideration of this measure, Senate also the United States Presidency of the G–8. took the following actions: Gay Hart Gaines, of Florida, to be a Member of By 45 yeas to 43 nays (Vote No. 453), three-fifths the Board of Directors of the Corporation for Public of those Senators duly chosen and sworn, not having Broadcasting for a term expiring January 31, 2010. voted in the affirmative, Senate rejected the motion to close further debate on the conference report. Routine lists in the Air Force, Army. Page S14971 Page S14951 Measures Read First Time: Page S14964 Senator Frist entered a motion to reconsider the Executive Communications: Page S14964 vote by which the motion to invoke cloture on the conference report failed. Pages S14951–52 Executive Reports of Committees: Page S14964 Agriculture Appropriations—Additional Con- Additional Cosponsors: Page S14965 ferees: A unanimous-consent agreement was reached Statements on Introduced Bills/Resolutions: to expand the number of conferees to H.R. 2675, Pages S14965–67 making appropriations for Agriculture, Rural Devel- opment, Food and Drug Administration, and Re- Additional Statements: Pages S14961–64 lated Agencies for the fiscal year ending September Amendments Submitted: Pages S14967–69 30, 2004, to include the following members on the Authority for Committees to Meet: Page S14969 part of the Senate: Senators Domenici, Shelby, Gregg, Campbell, Hutchison, DeWine, Inouye, Hol- Privilege of the Floor: Page S14969 lings, Leahy, Mikulski, Reid, and Murray. Record Votes: One record vote was taken today. Page S14971 (Total–453) Page S14951 Removal of Injunction of Secrecy: The injunction Adjournment: Senate met at 12 noon and ad- of secrecy was removed from the following treaty: journed at 7:41 p.m. until 9:30 a.m. on Tuesday, Cybercrime Convention (Treaty Doc. No. November 18, 2003. (For Senate’s Program, see the 108–11). remarks of the Acting Majority Leader in today’s The treaty was transmitted to the Senate today, Record on page S14971). considered as having been read for the first time, and referred, with accompanying papers, to the Com- mittee on Foreign Relations and ordered to be print- Committee Meetings ed. Page S14969 Appointment: (Committees not listed did not meet) Congressional Award Board: The Chair, on be- half of the Majority Leader, pursuant to Public Law BUSINESS MEETING 96–114, as amended, announced the appointment of Committee on the Judiciary: Committee ordered favor- John M. Falk, of Washington, D.C., to be Chairman ably reported the following business items: of the Congressional Award Board. Page S14969 S. Res. 253, to recognize the evolution and impor- Nominations Received: Senate received the fol- tance of motorsports; and lowing nominations: The nominations of Michael J. Garcia, of New Francis Mulvey, of Maryland, to be a Member of York, to be an Assistant Secretary of Homeland Se- the Surface Transportation Board for a term expiring curity, and James B. Comey, of New York, to be December 31, 2007. Deputy Attorney General, and Federico Lawrence W. Douglas Buttrey, of Tennessee, to be a Mem- Rocha, of California, to be United States Marshal for ber of the Surface Transportation Board for a term the Northern District of California, both of the De- expiring December 31, 2008. partment of Justice.

VerDate jul 14 2003 04:17 Nov 18, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D17NO3.REC D17NO3 D1282 CONGRESSIONAL RECORD — DAILY DIGEST November 17, 2003 House of Representatives S. 1233, to authorize assistance for the National Chamber Action Great Blacks in Wax Museum and Justice Learning Measures Introduced: Measures introduced will ap- Center (H. Rept. 108–372, Pt. 1); and pear in the next issue of the Record. H.R. 1964, to establish the Highlands Steward- Additional Cosponsors: (See next issue.) ship Area in the States of Connecticut, New Jersey, Reports Filed: Reports were filed as follows today: New York, and Pennsylvania, amended, (H. Rept. 108–373, Pt. 1); H.R. 154, to exclude certain properties from the John H. Chafee Coastal Barrier Resources System, S. 523, to make technical corrections to law relat- amended, (H. Rept. 108–359); ing to Native Americans (H. Rept. 108–374, Pt. 1). H.R. 521, to establish the Steel Industry National Page H11205 Historic Site in the Commonwealth of Pennsylvania, Speaker: Read a letter from the Speaker wherein he amended, (H. Rept. 108–360); appointed Representative Pence to act as Speaker Pro H.R. 1594, to direct the Secretary of the Interior Tempore for today. Page H11161 to conduct a study of the suitability and feasibility Recess: The House recessed at 12:44 p.m. and re- of establishing the St. Croix National Heritage Area convened at 2 p.m. Page H11163 in St. Croix, United States Virgin Islands, amended, (H. Rept. 108–361); Suspensions: The House agreed to suspend the rules H.R. 1618, to establish the Arabia Mountain Na- and pass the following measures: tional Heritage Area in the State of Georgia, amend- Recognizing the Agricultural Research Service of ed, (H. Rept. 108–362); the Department of Agriculture: S.J. Res. 22, recog- H.R. 1648, to authorize the Secretary of the Inte- nizing the Agricultural Research Service of the De- rior to convey certain water distribution systems of partment of Agriculture for 50 years of outstanding the Cachuma Project, California, to the Carpinteria service to the Nation through agricultural research Valley Water District and the Montecito Water Dis- by a 2/3 yea-and-nay vote of 332 yeas with none trict (H. Rept. 108–363); voting ‘‘nay’’, Roll No. 620—clearing the measure H.R. 1732, to amend the Reclamation Waste- for the President; Pages H11163–64, H11183–84 water and Groundwater Study and Facilities Act to Authorizing the Secretary of Agriculture to con- authorize the Secretary of the Interior to participate duct a loan repayment program: H.R. 1367, in the Williamson County, Texas, Water Recycling amended, to authorize the Secretary of Agriculture to and Reuse Project, (H. Rept. 108–364); conduct a loan repayment program regarding the H.R. 1798, to establish the Upper Housatonic provision of veterinary services in shortage situations; Valley National Heritage Area in the State of Con- Pages H11164–67 necticut and the Commonwealth of Massachusetts, Apalachicola National Forest Land Conveyance amended, (H. Rept. 108–365); Act: H.R. 3217, to provide for the conveyance of H.R. 1862, to establish the Oil Region National several small parcels of National Forest System land Heritage Area, amended, (H. Rept.108–366); in the Apalachicola National Forest, Florida, to re- H.R. 2425, to provide for the use and distribution solve boundary discrepancies involving the Mt. Trial of the funds awarded to the Quinault Indian Nation Primitive Baptist Church of Wakulla County, Flor- under United States Claims Court Dockets 772–71, ida; Pages H11166–67 773–71, 774–71, and 775–71, amended, (H. Rept. 108–367); Providing for the designation of a Department H.R. 2489, to provide for the distribution of of Agriculture disaster liasion: H.R. 3157, amend- judgment funds to the Cowlitz Indian Tribe, amend- ed, to provide for the designation of a Department ed, (H. Rept. 108–368); of Agriculture disaster liaison to assist State and S. 625, to authorize the Bureau of Reclamation to local employees of the Department in coordination conduct certain feasibility studies in the Tualatin with other disaster agencies in response to a federally River Basin in Oregon (H. Rept. 108–369); declared disaster area as a result of a disaster; H.R. 280, to establish the National Aviation Her- Pages H11167–69 itage Area, amended, (H. Rept. 108–370); Resolving boundary conflicts around Mark H.R. 421, to reauthorize the United States Insti- Twain National Forest in Missouri: H.R. 2304, tute for Environmental Conflict Resolution (H. amended, to resolve boundary conflicts in the vicin- Rept. 108–371, Pt. 1); ity of the Mark Twain National Forest in Barry and

VerDate jul 14 2003 04:17 Nov 18, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D17NO3.REC D17NO3 November 17, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1283 Stone Counties, Missouri, that resulted from private Correcting a technical error from Unit T–07 of landowner reliance on a subsequent Federal survey; the John H. Chafee Coastal Barrier Resources Sys- Pages H11169–70 tem: S. 1066, to correct a technical error from Unit George Henry White Post Office Building Des- T–07 of the John H. Chafee Coastal Barrier Re- ignation Act: H.R. 3353, to designate the facility of sources System—clearing the measure for the Presi- the United States Postal Service located at 525 Main dent; Pages H11181–82 Street in Tarboro, North Carolina, as the George Carpinteria and Montecito Water Distribution Henry White Post Office Building; Pages H11170–71 Systems Conveyance Act of 2003: H.R. 1648, to au- James E. Davis Post Office Building Designa- thorize the Secretary of the Interior to convey certain tion Act: S. 1590, to redesignate the facility of the water distribution systems of the Cachuma Project, United States Postal Service, located at 315 Empire California, to the Carpinteria Valley Water District and the Montecito Water District; Pages H11182–83 Boulevard in Crown Heights, Brooklyn, New York, as the James E. Davis Post Office Building—clearing Congratulating John Gagliardi, football coach of the measure for the President; Pages H11171–72 St. John’s University: H. Res. 438, congratulating John Gagliardi, football coach of St. John’s Univer- Hugh Gregg Post Office Building Designation sity, on the occasion of his becoming the all-time Act: H.R. 3185, to designate the facility of the winningest coach in collegiate football history. United States Postal Service located at 38 Spring Pages H11187–88 Street in Nashua, New Hampshire, as the Hugh Gregg Post Office Building; Pages H11172–74 Honoring the Rice University Owls Baseball team: H. Res. 379, honoring the Rice University Commending the Inspectors General for their Owls baseball team for winning the NCAA baseball service to the Federal Government: S.J. Res. 18, champions; and Pages H11188–90 commending the Inspectors General for their efforts to prevent and detect waste, fraud, abuse, and mis- Suspensions Postponed: The following measures management, and to promote economy, efficiency, were debated under suspension of the rules. Further and effectiveness in the Federal Government during proceedings were postponed until Tuesday, Novem- the past 25 years by a 2/3 yea-and-nay vote of 326 ber 18. yeas to 3 nays, Roll No. 621 clearing the measure Walter F. Ehrnfelt, Jr. Post Office Building for the President; Pages H11174, H11184 Designation Act: H.R. 3300, to designate the facil- Honoring Mr. Sargent Shriver: H. Con. Res. ity of the United States Postal Service located at 299, honoring Mr. Sargent Shriver for his dedication 15500 Pearl Road in Strongsville, Ohio, as the Wal- and service to the United States of America, for his ter F. Ehrnfelt, Jr. Post Office Building; and service in the United States Navy, and for his life- Page H11177 time of work as an ambassador for the poor and Directing the Administrator of General Services powerless citizens of the United States of America by to convey to Fresno County, California, the exist- a 2/3 yea-and-nay vote of 325 yeas to 3 nays, Roll ing Federal courthouse in that county: H.R. 1274, No. 622; Pages H11174–77, H11185 amended, to direct the Administrator of General Services to convey to Fresno County, California, the John F. Kennedy Center Reauthorization Act of existing Federal courthouse in that county. 2003: H.R. 3198, to amend the John F. Kennedy Pages H11179–80 Center Act to authorize appropriations for the John F. Kennedy Center for the Performing Arts; Recess: The House recessed at 2:34 p.m. and recon- Pages H11177–79 vened at 2:48 p.m. Page H11170 Amending the Reclamation Project Authoriza- Recess: The House recessed at 4:04 p.m. and recon- tion Act of 1972: H.R. 3209, to amend the Rec- vened at 7 p.m. Page H11183 lamation Project Authorization Act of 1972 to clar- Meeting Hour: Agreed that when the House ad- ify the acreage for which the North Loup division is journ today, it adjourn to meet at 10 a.m. on Tues- authorized to provide irrigation water under the day, November 18 for morning hour debate, by a re- Missouri River Basin project; Page H11180 corded vote of 296 ayes to 25 noes, Roll No. 623. Williamson County Water Recycling Act of Page H11186 2003: H.R. 1732, amended, to amend the Reclama- Medicare Prescription Drug and Modernization tion Wastewater and Groundwater Study and Facili- Act of 2003—Motion to Instruct Conferees: Rep- ties Act to authorize the Secretary of the Interior to resentative Berkley announced her intention to offer participate in the Williamson County, Texas, Water a motion to instruct conferees on H.R. 1, to amend Recycling and Reuse Project; Pages H11180–81 title XVIII of the Social Security Act to provide for

VerDate jul 14 2003 04:17 Nov 18, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D17NO3.REC D17NO3 D1284 CONGRESSIONAL RECORD — DAILY DIGEST November 17, 2003 a voluntary prescription drug benefit under the Committee on Banking, Housing, and Urban Affairs: to medicare program and to strengthen and improve hold hearings to examine current investigations and regu- the medicare program. Page H11186 latory actions regarding the mutual fund industry, 10 a.m., SD–538. Labor/HHS Appropriations—Motion to Instruct Committee on Commerce, Science, and Transportation: busi- Conferees: Representative Kennedy of Rhode Island ness meeting to consider pending nominations, time to announced his intention to offer a motion to instruct be announced, S–216, Capitol. conferees on H.R. 2660, making appropriations for Committee on Energy and Natural Resources: Subcommittee the Departments of Labor, Health and Human Serv- on Public Lands and Forests, to hold hearings to examine ices, and Education, and related agencies for the fis- S. 1209, to provide for the acquisition of property in cal year ending September 30, 2004. Pages H11186–87 Washington County, Utah, for implementation of a desert tortoise habitat conservation plan, H.R. 708, to re- Energy Policy Act of 2003: Agreed that the man- quire the conveyance of certain National Forest System agers on the part of the House have until 6 a.m. on lands in Mendocino National Forest, California, to pro- Tuesday, November 18 to file a conference report on vide for the use of the proceeds from such conveyance for H.R. 6, to enhance energy conservation and research National Forest purposes, S. 1467, to establish the Rio and development, to provide for security and diver- Grande Outstanding Natural Area in the State of Colo- sity in the energy supply for the American people. rado, S. 1167, to resolve the boundary conflicts in Barry Page H11190 and Stone Counties in the State of Missouri, and S. 1848, to amend the Bend Pine Nursery Land Conveyance Act Senate Message: Messages received from the Senate to direct the Secretary of Agriculture to sell the Bend today appear on page H11161. Pine Nursery Administration Site in the State of Oregon, Senate Referrals: S. 1824 was ordered held at the 2:30 p.m., SD–366. desk. Page H11161 Committee on Finance: to hold hearings to examine the nomination of Steven J. Simmons, of Connecticut, to be Adjournment: The House met at 12:30 p.m. and a Member of the Broadcasting Board of Governors, 10 at 10:35 p.m. stands in recess subject to the call of a.m., SD–215. the chair. Full Committee, to hold hearings to examine the nom- ination of Arnold I. Havens, of Virginia, to be General Counsel for the Department of the Treasury, 10 a.m., Committee Meetings SD–215. No committee meetings were held. Committee on Governmental Affairs: Permanent Sub- f committee on Investigations, to hold hearings to examine the role of professional organizations like accounting COMMITTEE MEETINGS FOR TUESDAY, firms, law firms, and financial institutions in developing, NOVEMBER 18, 2003 marketing and implementing tax shelters, 9 a.m., (Committee meetings are open unless otherwise indicated) SH–216. Full Committee, to hold hearings to examine the nom- Senate ination of James M. Loy, of Virginia, to be Deputy Sec- Committee on Armed Services: Subcommittee on Strategic retary of Homeland Security, 2:30 p.m., SD–342. Forces, to hold hearings to examine space acquisition Committee on the Judiciary: to hold hearings to examine policies and processes, 2 p.m., SR–232A. America after the 9/11 terrorist attacks, 9:30 a.m., Full Committee, to hold hearings to examine the nom- SD–226 ination of Michael W. Wynne, of Florida, to be Under Secretary of Defense for Acquisition, Technology, and Lo- House gistics, 4 p.m., SR–222. No committee meetings are scheduled.

VerDate jul 14 2003 04:17 Nov 18, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D17NO3.REC D17NO3 November 17, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1285 (Continued from page D1286) (15) H. Con. Res. 320, expressing the sense of the (4) H.R. 1204, to amend the National Wildlife Congress regarding the importance of motorsports; Refuge System Administration Act of 1966 to estab- (16) H. Con. Res. 288, Honoring Seeds of Peace; lish requirements for the award of concessions in the (17) H.R. 3287, to award congressional gold med- National Wildlife Refuge System, to provide for als posthumously on behalf of Reverend Joseph A. maintenance and repair of properties located in the DeLaine, Harry and Eliza Briggs, and Levi Pearson; System by concessionaires authorized to use such (18) H. Res. 427, expressing the sense of the properties; House of Representatives regarding the courageous (5) H.R. 1651, Sierra National Forest Land Ex- leadership of the Unified Buddhist Church of Viet- change Act of 2003; nam and the urgent need for religious freedom and (6) H.R. 2907, Northern Arizona National Forest related human rights in the Socialist Republic of Land Exchange Act of 2003; Vietnam; (7) H.R. 280, National Aviation Heritage Area (19) H. Res. 423, recognizing the 5th anniversary Act; of the signing of the International Religious Free- (8) S. 254, Kaloko-Honokohau National Historical dom Act of 1998 and urging a renewed commit- Park Addition Act of 2003; ment to eliminating violations of the internationally (9) H.R. 1189, to increase the waiver requirement recognized right to freedom of religion and pro- for certain local matching requirements for grants tecting fundamental human rights; provided to American Samoa, Guam, the Virgin Is- (20) H. Res. 393, commending Afghan women for lands, or the Commonwealth of the Northern Mar- their participation in Afghan government and civil iana Islands; society, encouraging the inclusion of Afghan women (10) H. Con. Res. 313, to urge the President, on in the political and economic life of Afghanistan, behalf of the United States, to present the Presi- and advocating the protection of Afghan women’s dential Medal of Freedom to His Holiness, Pope human rights in the Afghanistan Constitution; John Paul II, in recognition of his significant, endur- (21) H. Con. Res. 83, honoring the victims of the ing, and historic contributions to the causes of free- Cambodian genocide that took place from April dom, human dignity, and peace and to commemo- 1975 to January 1979; rate the Silver Jubilee of His Holiness’ inauguration (22) H.R. 1813, Torture Victims Relief Reauthor- of his ministry as Bishop of Rome and Supreme Pas- ization Act of 2003; tor of the Catholic Church; (23) H.R. 3140, Fairness to Contact Lens Con- (11) H.R. 2130, New Bridge Landing Post Office sumers Act; Redesignation Act; (24) H.R. 2218, Federal Food, Drug, and Cos- (12) S. 1718, Senator James B. Pearson Post Of- metic Act Amendment; fice Designation Act; (25) S. 286, Birth Defects and Developmental (13) S. 867, Ronald Reagan Post Office Building Disabilities Prevention Act of 2003; Designation Act; (26) S. Con. Res. 48, supporting the goals and (14) H.Con.Res. 69, expressing the sense of Con- ideals of ‘‘National Epilepsy Awareness Month’’ and gress that Althea Gibson should be recognized for urging support for epilepsy research and service pro- her ground breaking achievements in athletics and grams; and her commitment to ending racial discrimination and (27) S. 650, Pediatric Research Equity Act of prejudice within the world of sports; 2003.

VerDate jul 14 2003 04:17 Nov 18, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D17NO3.REC D17NO3 D1286 CONGRESSIONAL RECORD — DAILY DIGEST November 17, 2003

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, November 18 10 a.m., Tuesday, November 18

Senate Chamber House Chamber Program for Tuesday: Senate will resume consideration Program for Tuesday: Consideration of the conference of the nominations of Thomas C. Dorr to be Under Sec- report on H.R. 2754, Energy and Water Development retary of Agriculture for Rural Development, and to be Appropriations Act for Fiscal Year 2004 (Subject to a a Member of the Board of Directors of the Commodity Rule). Credit Corporation, with votes on the respective motions Consideration of Suspensions: to invoke cloture to occur beginning at 10:30 a.m; fol- (1) H. Res. 411, expressing the sense of the House that lowing which, Senate will continue consideration of H.R. John Wooden should be honored for his contributions to 2861, VA–HUD Appropriations Act. sports and education; (Senate will recess from 12:30 p.m. until 2:15 p.m. for their (2) H. Res. 391, congratulating the University of Illi- respective party conferences.) nois Fighting Illini men’s tennis team; (3) H.R. 1006, Captive Wildlife Safety Act; (Continued on page D1285)

Extensions of Remarks, as inserted in this issue

HOUSE Graves, Sam, Mo., E2305, E2306, E2307, Meek, Kendrick B., Fla., E2304 Pryce, Deborah, Ohio, E2303 E2308, E2309, E2310, E2310, E2312 Ortiz, Solomon P., Tex., E2306 Radanovich, George, Calif., E2299, Andrews, Robert E., N.J., E2312 Hooley, Darlene, Ore., E2311 Otter, C.L. ‘‘Butch’’, Idaho, E2309 E2301, E2302 Blunt, Roy, Mo., E2306, E2306 Kildee, Dale E., Mich., E2311 Pallone, Frank, Jr., N.J., E2300, E2302 Rogers, Mike, Ala., E2300, E2301, E2310 Coble, Howard, N.C., E2299 Lowey, Nita M., N.Y., E2307 Payne, Donald M., N.J., E2308 Ros-Lehtinen, Ileana, Fla., E2309 Davis, Tom, Va., E2300, E2301, E2302 McInnis, Scott, Colo., E2305, E2307, Pence, Mike, Ind., E2304 Saxton, Jim, N.J., E2302 DeLauro, Rosa L., Conn., E2304 E2306, E2308, E2309, E2310, E2311, Pickering, Charles W. ‘‘Chip’’, Miss., Tauscher, Ellen O., Calif., E2303 Diaz-Balart, Lincoln, Fla., E2310 E2312, E2312, E2313 E2303 Towns, Edolphus, N.Y., E2305, E2306, Engel, Eliot L., N.Y., E2303 Maloney, Carolyn B., N.Y., E2308 Porter, Jon C., Nev., E2305 E2308 Matsui, Robert T., Calif., E2312 Portman, Rob, Ohio, E2300, E2301 Visclosky, Peter J., Ind., E2304

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