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, THURSDAY, MARCH 13, 2003 No. 41 House of Representatives The House met at 10 a.m. and was and freedom, that takes us beyond our healthy mothers in the fifth and sixth called to order by the Speaker pro tem- ego and is in tune with Your word, we months of pregnancy undergo this hor- pore (Mr. THORNBERRY). will continue to seek to do Your will rific procedure. As we seek to lead the f now and forever. world against tyranny and in support Amen. of basic human rights, we must recom- DESIGNATION OF THE SPEAKER f mit ourselves to promoting the basic PRO TEMPORE human rights of the most vulnerable THE JOURNAL The SPEAKER pro tempore laid be- among us, the most innocent and de- fore the House the following commu- The SPEAKER pro tempore. The fenseless members of the human race. nication from the Speaker: Chair has examined the Journal of the We have a chance to stand up for what WASHINGTON, DC, last day’s proceedings and announces is right, to stand against what is March 13, 2003. to the House his approval thereof. wrong. We have a chance to defend I hereby appoint the Honorable MAC Pursuant to clause 1, rule I, the Jour- those who need it most, to stand THORNBERRY to act as Speaker pro tempore nal stands approved. against those who seek to harm them. on this day. f Partial-birth abortion is not rare, J. DENNIS HASTERT, partial-birth abortion is not safe, par- Speaker of the House of Representatives. PLEDGE OF ALLEGIANCE tial-birth abortion does not foster a re- f The SPEAKER pro tempore. Will the spect for human life. It degrades us all. PRAYER gentlewoman from Florida (Ms. ROS- Partial-birth abortion must be banned. LEHTINEN) come forward and lead the Let us pass the bill. The Chaplain, the Reverend Daniel P. House in the Pledge of Allegiance. Coughlin, offered the following prayer: Ms. ROS-LEHTINEN led the Pledge f Lord of history and Conqueror of of Allegiance as follows: THE CRISIS WITH IRAQ evil, empower us to surrender com- I pledge allegiance to the Flag of the pletely to Your spirit. With renewed United States of America, and to the Repub- (Mr. KENNEDY of Rhode Island faith in Your guidance, even in the lic for which it stands, one nation under God, asked and was given permission to ad- midst of conflicting inspirations, we indivisible, with liberty and justice for all. dress the House for 1 minute and to re- commend to You the Members of Con- f vise and extend his remarks.) gress, the President, his Cabinet, and Mr. KENNEDY of Rhode Island. Mr. all who struggle to lead Your people ANNOUNCEMENT BY THE SPEAKER Speaker, I voted for the resolution au- and acknowledge Your sovereignty PRO TEMPORE thorizing the forcible disarmament of over all events and times. The SPEAKER pro tempore. The Iraq, and I continue to agree with the When faced with impending decisions Chair will entertain five 1-minutes on President of the United States that we or making a deep commitment, Your each side. should disarm Iraq by force, if nec- devout people not only turn to You in f essary, in order to protect American prayer but they use every ounce of in- lives. But I also recognize that if we go telligence and every source of con- BAN PARTIAL-BIRTH ABORTION to war right now, the war will have lit- sultation to know Your holy will. Lord, (Mr. PITTS asked and was given per- tle legitimacy in the eyes of the world human as we are, often we talk to You mission to address the House for 1 community, and that increases the as we would a friend or an intimate, minute and to revise and extend his re- risks. I, therefore, believe that it is in wondering what is Your mind. marks.) our security interests to support Great At a certain moment, we begin to Mr. PITTS. Mr. Speaker, today, our Britain’s latest proposal to establish look for signs from You that will con- colleagues on the other side of the specific unambiguous disarmament firm the movement in our heart. Lord, building will vote on a bill banning the benchmarks and a firm deadline. Fail- send forth Your light that we may dis- barbaric procedure of partial-birth ure to comply with all requirements cern well the desolations or consola- abortion. Partial-birth abortion is one would trigger military action without tions You give us. If conscience is of the most violent and gruesome acts further debate. flooded with anger, resentment, and known to mankind. If Iraq does comply, we would have darkness, we will reexamine their Despite what its supporters say, sev- achieved our aims without the need for source. If, however, You fill us with a eral thousand times a year in the war, everybody’s first choice. If Iraq surge of energy borne of inner peace United States healthy babies and again fails to meet its obligations, our

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 Dec 13 2002 23:41 Mar 13, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MR7.000 H13PT1 H1816 CONGRESSIONAL RECORD — HOUSE March 13, 2003 good-faith effort will have helped re- dress the House for 1 minute and to re- FREEDOM OF SPEECH DOES NOT store some of the U.S.’s lost credi- vise and extend his remarks.) MEAN DESTRUCTION OF PRI- bility, thereby strengthening the coali- Mr. WILSON of South Carolina. Mr. VATE PROPERTY tion supporting the war as well as im- Speaker, over 250 economists have (Mr. BARTLETT of Maryland asked proving our ability to prosecute the urged Congress to repeal the unjust and was given permission to address war on terrorism, as well as decreasing double taxation on dividend income. the House for 1 minute and to revise the risk and cost of rebuilding Iraq This is an excellent opportunity to dra- and extend his remarks.) after a conflict. matically boost our economy and cre- Mr. BARTLETT of Maryland. Mr. I urge my colleagues to support this ate jobs for Americans. Speaker, today I rise to talk about a reasonable approach to the crisis. There is an urgent need to pass Presi- misunderstanding about our Constitu- f dent Bush’s plan. On March 11, the tion. It has been reported that some WOMEN AND HEART DISEASE widely respected Charles Schwab wrote antiwar protesters destroyed a 9–11 me- in The Washington Post, and I quote, morial in La Habra, California, last (Ms. ROS-LEHTINEN asked and was ‘‘If we are going to stimulate the econ- Saturday. The memorial was on pri- given permission to address the House omy, we need a tax policy that bolsters vate property and was set up after 9–11 for 1 minute and to revise and extend confidence, improves corporate govern- to honor those murdered by the ter- her remarks.) ance, unlocks the stagnant capital in- rorist attackers. The antiwar pro- Ms. ROS-LEHTINEN. Mr. Speaker, side companies, and lifts the stock testers burned and ripped flags while last month we celebrated Heart Month, market across the board. Only the the local police watched and did noth- a time for us to reflect upon heart dis- elimination of the double tax on divi- ing. ease, its effects, and our methods of dends achieves all these goals. Con- It is unconscionable there would be prevention. gress ought to act quickly.’’ Americans who would show no respect I would like to take this opportunity That is why I have introduced H.R. for those victims of 9–11. Even more to recognize the Miami Heart Research 225, the Double Taxation Elimination outrageous is that the police depart- Institute for its dedication to the re- Act of 2003, and I ask my colleagues to ment excused this vandalism by citing search and the treatment of this life- join me in ending this unfair double the first amendment’s protection of threatening disease. tax on dividends which has been cham- freedom of speech. Freedom of speech Heart disease is the single leading pioned by the House Policy Committee is a God-given right of every American; cause of death for American women. chaired by the gentleman from Cali- destroying private property is not. Obviously, women make an indispen- fornia (Mr. COX) and which has been What would the police officers do if a sable contribution to the growth of our promoted by the Committee on Ways citizen wanted to exercise his freedom culture and must be ensured every op- and Means chairman, the gentleman of speech by setting fire to city hall? portunity for good health and lon- from California (Mr. THOMAS). With Can a person express their freedom of gevity. It is critical that women be this plan we can stimulate the econ- speech by punching a speaker they dis- educated on the risk of heart disease as omy and create jobs. agree with? Obviously not. well as on the effective methods of pre- I encourage the La Habra Police De- vention. In conclusion, Mr. Speaker, God bless partment and all police departments I hope that my colleagues will join our troops. across this country to protect freedom me in recognizing the efforts of the of speech while at the same time not Miami Heart Research Institute and f allowing vandals to destroy private that we will all grow in the awareness property. of the impact which heart disease has SUPPORT OF TROOPS f on Americans, especially our Nation’s (Mr. GREEN of Texas asked and was women. given permission to address the House NATION REJOICES IN RETURN OF f for 1 minute and to revise and extend ELIZABETH SMART IN MEMORY OF FORMER his remarks.) (Mr. LAMPSON asked and was given CONGRESSMAN GUS YATRON Mr. GREEN of Texas. Mr. Speaker, permission to address the House for 1 (Mr. HOEFFEL asked and was given our 1-minutes are designed for us to minute and to revise and extend his re- permission to address the House for 1 talk about things that are happening marks.) minute and to revise and extend his re- in our districts or whatever issues may Mr. LAMPSON. Mr. Speaker, the Na- marks.) be important for the day. I wanted to tion grieved with the Smart family Mr. HOEFFEL. Mr. Speaker, I have talk about a situation that is hap- when Elizabeth disappeared 9 months the sad task of informing my col- pening in east and northeast Harris ago. As chairman of the Congressional leagues that my predecessor, Gus County. Missing and Exploited Children’s Cau- Yatron, passed away unexpectedly Mr. Speaker, we have a group that is cus, I, and our Nation, are overjoyed at early this morning. talking about communities rallying for her discovery. This is the light at the Gus Yatron dedicated his entire life our troops. Now, our troops are in Iraq end of the tunnel for her family and to public service, first serving as a and in Afghanistan. We have two friends, something that every parent school director for the Reading School groups, the 373rd Support Battalion who has a missing child would dream District, and then serving in the Penn- and also the 450th Chemical Battalion. of. sylvania State House and in the Penn- They are Houston Reserves who are I want to thank the media, the citi- sylvania State Senate. He served with serving our country. What is happening zens who paid attention and called in distinction in the halls of Congress for this week in North Shore and Channel leads, and the law enforcement offi- 24 years. View and northeast Harris County and cials who worked so hard on this case. During Gus Yatron’s years of public Houston are our communities showing This is the ultimate example of the service, he helped thousands of people support for those young men and growing cooperation between law en- and was respected by all the colleagues women serving our country everywhere forcement, the public, and the media. that he served with. Our thoughts and in the world. By working together, people become prayers go out to his wife, Millie; his Mr. Speaker, we are fighting for free- the eyes and ears of law enforcement, daughter, Theana; his son, George; and dom and democracy everywhere in the increasing their numbers by thousands. to his grandchildren. world. My only frustration is that here We can learn a great deal from this f on the floor of the House today we do case. First of all, the parents did ex- not even get an amendment on a major actly the right thing and were prepared ELIMINATING UNFAIR DOUBLE piece of legislation. But we know that with current photos and information of TAXATION ON DIVIDEND INCOME we support our troops, whether they Elizabeth. This is the most important (Mr. WILSON of South Carolina are in Afghanistan, Iraq, or anywhere thing for parents to have. Elizabeth’s asked and was given permission to ad- else in the world. sister was an incredible witness and a

VerDate Dec 13 2002 23:41 Mar 13, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.003 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1817 wonderful example of how kids can miums. Guess what, folks? In Cali- (Mr. REYNOLDS asked and was play a part in their own and others’ fornia it helped slightly, but not given permission to revise and extend safety. And we also saw law enforce- enough. his remarks.) Mr. REYNOLDS. Mr. Speaker, House ment officials that handled the case b 1015 well. Resolution 139 is a closed rule pro- Through cooperation, like what we In fact, in California, the rates are viding 2 hours of debate for consider- saw in this case, cooperation of the still 8 percent higher than other parts ation of H.R. 5, Help Efficient, Acces- media, the public, witnesses, and the of the country. I want to call the Mem- sible, Low-cost, Timely Healthcare family, we will bring more children bers’ attention to the fact that the Act, more commonly known as the home. caps that we are going to be looking at HEALTH Act. The rule waives all in this proposal discriminate against f points of order against consideration of children, seniors, and the unemployed. the bill and provides one motion to re- MONTANANS GATHER TO SUPPORT I want to call attention to the case of commit with or without instructions. OUR TROOPS Jessica Santillan, a Latina teenager, Mr. Speaker, my home State of New (Mr. REHBERG asked and was given who died last month after doctors at York has been designated by the Amer- permission to address the House for 1 Duke University Hospital confused her ican Medical Association as one of the minute and to revise and extend his re- blood type during an organ transplant. 18 crisis States because of the stag- marks.) Under this proposed bill, Jessica’s fam- gering number of physicians that are Mr. REHBERG. Mr. Speaker, I have ily would only be allowed to recover unable to obtain or afford liability in- been disturbed by the headlines depict- $250,000 in damages. That is wrong. surance. It is not just physicians that ing extremists protesting the disar- This is no small amount that can com- are feeling the crunch; hospitals and mament of Saddam Hussein even be- pensate for the suffering of the family. other providers have also reached their fore it begins. I sadly read about a I urge Members to allow Congress to breaking point. group of anarchists trashing a 9–11 me- vote on the Conyers-Dingell alter- Take, for example, family-run skilled morial in California, tearing up dozens native. nursing facilities in my district that of American flags. In doing so, these f have not once had a claim brought against them, yet they have seen their people send a caustic message to our PROVIDING FOR CONSIDERATION young men and women in uniform who, liability insurance rates climb over 200 OF H.R. 5, HELP EFFICIENT, AC- percent during the past 2 years alone. instead, need our support. CESSIBLE, LOW-COST, TIMELY I am proud of our troops. In my home That is 200 percent in the last 2 years HEALTHCARE (HEALTH) ACT OF alone. State of Montana, our citizens admire 2003 these brave young people. Two weeks According to a study conducted by the American Hospital Association and ago in Missoula, a large gathering of Mr. REYNOLDS. Mr. Speaker, by di- the American Society of Risk Manage- community leaders, families, and sen- rection of the Committee on Rules, I ment, one-third of the hospitals experi- ior citizens gathered to show their sup- call up House Resolution 139 and ask enced an increase of 100 percent or port for the people in uniform who for its immediate consideration. more in liability insurance premiums have volunteered to put their lives on The Clerk read the resolution, as fol- in 2002. Meanwhile, patients are the the line for this country. Several days lows: H. RES. 139 ones losing choices, access, and care. ago, a similar gathering in Kalispell Mr. Speaker, last September I stood turned out to show support for those Resolved, That upon the adoption of this resolution it shall be in order without inter- on this floor to speak in favor of the who serve our country. Last weekend, HEALTH Act. Since that time, my more than 200 Montanans gathered in vention of any point of order to consider in the House the bill (H.R. 5) to improve patient home community of Erie County, New Billings, shouting ‘‘USA’’ and ‘‘God access to health care services and provide York, has lost 40 actively practicing Bless America.’’ improved medical care by reducing the ex- physicians. Only 3 months into the cur- In each of these cases, Montanans cessive burden the liability system places on rent year, they are anticipating a loss gathered not to criticize our role in the the health care delivery system. The bill of another 20 physicians. If we do not Middle East, but to say, We love our shall be considered as read for amendment. solve the problems facing physicians in country and we support our President. In lieu of the amendments recommended by this community and so many others They gathered to tell our young men the Committees on the Judiciary and on En- ergy and Commerce now printed in the bill, across America, who will provide the and women in uniform, We love you, we health care services so vital to all of are proud of you, go with God, and may the amendment in the nature of a substitute printed in the report of the Committee on our constituents? His grace surround you should you Rules accompanying this resolution shall be The fact is that physicians are lim- enter harm’s way. considered as adopted. The previous question iting their patients, moving to States f shall be considered as ordered on the bill, as with lower insurance rates, or closing amended, to final passage without inter- their practices altogether. The fact is MEDICAL LIABILITY LIMITATION vening motion except: (1) two hours of de- ACT that astronomical costs and unpredict- bate on the bill, as amended, with 80 minutes ability in the legal system are causing (Ms. SOLIS asked and was given per- equally divided and controlled by the chair- man and ranking minority member of the this alarming trend. mission to address the House for 1 The effect? Doctors practice defen- minute and to revise and extend her re- Committee on the Judiciary and 40 minutes equally divided and controlled by the chair- sive medicine to avoid litigation and marks.) man and ranking minority member of the think twice about openly discussing Ms. SOLIS. Mr. Speaker, today I rise Committee on Energy and Commerce; and (2) and reporting possible errors. A study in strong opposition to the so-called one motion to recommit with or without in- released by the Department of Health medical malpractice bill that we are structions. and Human Services last week empha- going to be voting on today. SEC. 2. House Resolution 126 is laid on the sizes that bolstering predictability in I have heard from the minority phy- table. the legal system will dramatically re- sicians in my area, and they are quite The SPEAKER pro tempore (Mr. duce the incentives for unnecessary alarmed. They are quite alarmed be- THORNBERRY). The gentleman from lawsuits. Those who need care will get cause their insurance premiums keep New York (Mr. REYNOLDS) is recognized it faster and more reliably, and those skyrocketing. And I am talking about for 1 hour. who may need proper redress will get it the State of California, where we had Mr. REYNOLDS. Mr. Speaker, for the faster and more reliably. some reforms back in 1974 through a purpose of debate only, I yield the cus- The HEALTH Act will provide that law called MICRA, which was supposed tomary 30 minutes to the gentleman predictability, while at the same time to bring down the cost of malpractice from Florida (Mr. HASTINGS), pending halting the exodus of providers from lawsuits. What happened there was not which I yield myself such time as I the health care industry, stabilizing much. may consume. During consideration of premiums, limiting astonishing attor- We had also Proposition 103 that was this resolution, all time yielded is for ney fees, and above all, improving pa- passed to bring down insurance pre- the purpose of debate only. tient care.

VerDate Dec 13 2002 23:41 Mar 13, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.006 H13PT1 H1818 CONGRESSIONAL RECORD — HOUSE March 13, 2003 Just as important is what HEALTH it is a bad bill now. I also want to clear The top priority in reforming Amer- Act will not do. It will not preempt any up something about so-called unneces- ica’s health care system should be re- existing State laws that limit damages sary lawsuits. There are penalties for ducing the shameful number of pre- at a specific amount, and it will not es- lawyers who bring frivolous claims into ventable medical errors that kill near- tablish any new causes of action. any courtroom; thus, I theorize that ly 100,000 hospital patients a year. Also, it will not prevent juries from the majority evidently does not under- Wrong-doers must remain account- awarding unlimited economic damages. stand that particular distinction. able. When a stay-at-home mom dies or This means that quantifiable lost Mr. Speaker, I rise today in strong a child dies or a senior citizen suffers wages, medical costs, pain-reducing opposition to this closed rule for H.R. irreparable harm, there is no economic medications, therapy and lifetime re- 5. This legislation requires a full and loss because it is impossible to prove habilitation can all be recuperated as open debate. The closed rule is abhor- damages from loss of income. H.R. 5 tangible economic damages. Patients rent and cowardly. It denies the oppor- takes away compensation for parents that have been wrongly injured will tunity for free and fruitful discussion who lose children, husbands who lose not be denied access to substantial that would uncover all this legisla- wives, children who lose parents, and amounts in economic damages. tion’s deficiencies. patients who lose limbs, eyesight and The HEALTH Act is modeled after The current Committee on Rules other very real losses that are not eas- legislation adopted by a Democratic chairman, the gentleman from Cali- ily measured in terms of money. legislature and a Democratic Governor fornia (Mr. DREIER), said in 1994 when a Despite a wide consensus, sky- in the State of California nearly 30 Member of the minority, and referring rocketing premiums are not due to bad years ago. While insurance premiums to the Democratic members of the politics. The malpractice insurance Committee on Rules, ‘‘But we should increased over 500 percent nationwide, market is having a predicament be- have a structure which allows Members California’s have risen only a third of cause of the insurance industry. The to participate more than they do now, that much, by 167 percent. other side of the aisle claims that the and that it is again underscoring Lord California’s insurance market has lure of big wins prompts many to file Acton’s very famous line that power stabilized, increasing patient access to frivolous lawsuits. But, in fact, victims corrupts, and absolute power corrupts care and saving more than $1 billion are already at a disadvantage. Two- absolutely. The arrogance of power per year in liability premiums. Equally thirds of patients who file a claim do with which they prevent Members, important, California doctors are not not get a dime. About 61 percent of rank-and-file Democrats and Repub- leaving the State. cases are dismissed or dropped, and 32 By following California’s lead to licans, from being able to offer amend- ments, that is what really creates the percent are settled; and too many of place modest limits on unreasonable them are on the courthouse steps when economic damage awards, an estimated outrage here.’’ That was the gentleman from Cali- they could have been settled earlier. $60 billion to $108 billion could be saved fornia (Mr. DREIER), and outrage con- Only 7 percent of all cases go to trial. in health care costs each year. The tinues in the minority today. If the b 1030 Congressional Budget Office calculated majority alleges that Democrats were Patients prevail in only one in five of that medical liability insurance pre- wrong in utilizing the closed rule when miums would be lowered an average 25 the cases that are tried. These are pret- we were in the majority, why not be ty staggering odds against the victims. to 30 percent from what they are now the bigger party and end the practice? under current law. And CBO also pre- The American people would know Why the political games, or is it simply these truths if their Representatives dicts that reducing the occurrence of more fun to be principled when it is defensive medicine would save any- could expose the selective use of data convenient? and statistics that the majority uses in where from $25 billion to $44 billion per There is no question that medical li- supporting H.R. 5. One classic example year of taxpayers’ money. ability insurance rates are out of con- would be the notion that in California, I want to thank the leadership of the trol. Consequently, fine doctors, as after 1975, premiums went down. Well, Committee on Energy and Commerce well as other health care providers, and the Committee on the Judiciary often do not properly attend to pa- they did not go down until California for working so expeditiously to bring tients. However, the underlying bill reformed the insurance laws. It did not this important measure back to the will not relieve doctors of high mal- go down. It went up progressively for 12 floor and focusing our attention on practice insurance premiums. I am fo- years. health care, particularly for coupling cused on giving Americans quality But under today’s closed rule, the the HEALTH Act this week with pa- health care, as all of my colleagues are, majority is committing the greatest tient safety legislation. Physicians not increasing profits for the health in- form of political malpractice. When the need an environment where they can surance industry; and there are good majority has finished bullying its both share and learn, while at the same proposals to correct the situation. H.R. members into voting the party line time practicing medicine without the 5 is not one of them. today, the American people will not fear of burgeoning liability rates and Instead of protecting patients, H.R. 5 only be barred from seeking compensa- unnecessary lawsuits. protects HMOs and big insurance com- tion when a doctor transplants an in- Mr. Speaker, spiraling medical liabil- panies. The so-called HEALTH Act of correct organ but they will realize that ity insurance rates have hemorrhaged 2003 addresses the health of the health with closed rules as the order of busi- in recent years. Today we have an op- care industry and not that of physi- ness, they cannot even seek compensa- portunity to stop the bleeding and cians and patients. H.R. 5 is bad legis- tion in the People’s House. maximize healthy patient outcomes. I lation; but like perennial flowers, its For example, if this bill were current urge Congress to support this rule and contents sprout every Congress, replen- law, no experienced trial lawyer would the underlying legislation. ishing the coffers of its supporters. take the case of the young Mexican girl Mr. Speaker, I reserve the balance of HMOs and big health insurers should who lost her life at Duke University. my time. not receive special treatment. They are The case would be complex, obviously, Mr. HASTINGS of Florida. Mr. not above the law. Nor should they be and expensive to put on, there would be Speaker, I yield myself such time as I exempt from new legislation simply be- no economic damages, and the max- may consume. cause they contributed millions of dol- imum noneconomic award would be (Mr. HASTINGS of Florida asked and lars in the last two election cycles. $250,000. H.R. 5 treats the health care was given permission to revise and ex- H.R. 5 applies to medical mal- insurance businesses as the victims, tend his remarks.) practice, medical products, nursing and that is unacceptable. Mr. HASTINGS of Florida. Mr. homes, and health insurance claims be- The consequences of an injury are Speaker, let me say to the gentleman cause its supporters’ true concern is highly subjective and affect different from New York (Mr. REYNOLDS) that not the suffering of patients or victims. people in vastly different ways. Put an- the gentleman and I handled this meas- Instead, H.R. 5 advocates want immu- other way, how much is my arm worth? ure last fall when this bill was brought nization from the consequences of irre- How much is your leg worth? This one- to the floor. It was a bad bill then, and sponsible civil behavior. size-fits-all solution contradicts the

VerDate Dec 13 2002 23:41 Mar 13, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.008 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1819 promise of individualized justice and comes in. You think the patient has the Committee on Rules and my good objectifies victims and the uniqueness something. And then you think of all friend the gentleman from New York of their suffering. Different States have the other things that it could be and (Mr. REYNOLDS) and I were there. Not different experiences with medical mal- how you could be sued if you missed one, not one, was permitted. What is practice insurance and insurance re- those things, so you order more and fair about that? mains a largely State-regulated indus- more tests. You may say, well, this is In response to Dr. WELDON’s defensive try. The $250,000 cap that must have just one doctor speaking anecdotally, medicine argument, some people claim been taken out of somebody’s cap as a but actually this very issue was stud- that billions of dollars are being wast- reason for going forward takes away ied scientifically in California. They ed on so-called defensive medicine. Our juries’ abilities in our States to deter- looked at the reforms put in place in own Congressional Budget Office has mine the appropriate level of com- California and its impact on charges in concluded that the idea of defensive pensation for people who suffer griev- the Medicare plan. They discovered medicine is uncertain and hypo- ous injuries at the hands of their that over time after the cap on dam- thetical. You can find that on page 74 health care providers. The majority ages went into place and the threat of of House Report 108–32. does not trust the people to defend its very, very excessive damages went Mr. Speaker, I yield such time as he political contributors. away that charges for two diagnostic may consume to the gentleman from Al Hunt of the Wall Street Journal codes, the two codes they looked at Texas (Mr. FROST), the distinguished quoted a Republican lawyer from Hous- were unstable angina and myocardial ranking member of the Committee on ton as asking, ‘‘Why are juries okay to infarction, went down and there was no Rules. (Mr. FROST asked and was given per- take a man’s life on the criminal side increase in morbidity and mortality. In mission to revise and extend his re- but are not competent to put a dollar other words, quality was maintained value on an innocent victim’s life on marks.) while charges went down. Mr. FROST. I thank the gentleman the civil side?’’ That is shameful. H.R. This study was published in 1995 in for yielding me this time. 5 is a health care immunity act that the Journal of Economics. It was done Mr. Speaker, we all agree that there does not benefit physicians and victim- by economics professors at Stanford is a problem in America’s medical sys- izes patients. University. They argued that the high tem, but Republicans are not taking a When Democrats were in the major- cost of litigation cost the Medicare serious approach to this problem. They ity, Republicans complained time after plan billions of dollars a year in unnec- are just playing politics and risking time that closed rules were unfair. On essary procedures and tests. They fur- the rights of patients in order to carry all of the radio infrastructure, we ther went on to say that it cost, in 1995 water for HMOs and insurance compa- heard closed rules were unfair, unpatri- dollars, our health care system $50 bil- nies. We know this, Mr. Speaker, be- otic and contrary to the goals of the lion a year. Today that figure is esti- cause Republican leaders have brought framers. However, in more than 8 years mated at over $100 billion a year. this bill to the floor under a closed that Republicans have been in the ma- Mr. Speaker, this is not just an issue rule. jority, closed rules are preferred and of access. We are going to hear about Now, on this very important subject, ruling with an iron fist is the practice. access from the gentleman from Flor- let me quote from a statement made 9 I am in strong opposition to this closed ida (Mr. KELLER). He is going to talk years ago by the distinguished chair- rule and the underlying bill. about the trauma facility in Orlando, man of the Committee on Rules, the Mr. Speaker, I reserve the balance of Florida, being closed down because of gentleman from California (Mr. my time. this problem. This is not just an issue DREIER), at a time that he was in the Mr. REYNOLDS. Mr. Speaker, I yield of high cost. This is an issue of the un- minority. He said, and I quote, ‘‘I op- myself such time as I may consume. insured. As the costs go up because of pose closed rules, Mr. Speaker. I be- Mr. Speaker, the debate has begun. the high cost of litigation, more and lieve they are anathema to the concept We are going to have an hour on this more people are pushed out of the in- of deliberative democracy.’’ rule. I believe after that we are going sured market into the uninsured cat- Mr. Speaker, if Republicans wanted to have 2 hours of general debate. It egory. We all say here that we care to deal with medical malpractice in a really cuts right down through the cen- about the uninsured, the people who serious and substantive way, would ter. As I talked about excessive court cannot afford health care, but this is they be using a process that is, as the trial damage driving up the cost of pa- impacting them. This is impacting our gentleman from California himself tient health care, I listened to the competitiveness in the global market- said, anathema to the concept of delib- other side say it is the insurance com- place because all these costs of litiga- erative democracy? I do not think so. panies and the doctors that are the tion get transferred into the costs of And would they be preventing the cause of so much of this. It will be a health care that get transferred into House from voting on Democrats’ com- good debate. It will be a full hour here the costs of our products and services prehensive medical malpractice reform on this rule and it will be 2 hours of as we compete in the global market- plan? Certainly not. But that is exactly general debate, and then we are going place. what Republican leaders are doing to have an up or down on the HEALTH If we pass this bill and if the other today. As a result, the only bill made Act and we are going to find out body passes it, the President has said in order by this rule today is the Re- whether it is passed and sent to the he would sign it, it is going to allow publican one and it is a shocking at- other body. more people to get access to health tempt to protect insurance companies But I must say that over 60 percent care, it is going to reduce our costs while attacking the rights of victims. of the doctors in the United States are through the Medicare plan, and we may Make no mistake, Mr. Speaker, the insured by insurance companies that ultimately be able to better afford Republican bill will not reduce doctors’ are owned and operated by other doc- more services through Medicare like premiums, but it will protect HMOs tors and which operate primarily for prescription drugs. And, yes, it will and insurance companies, and it will their benefit. The idea that those com- help our businesses and industries to be punish patients who suffer from med- panies would price-gouge the very phy- more competitive in the global mar- ical mistakes, patients like 17-year-old sicians who own them, I think, is ab- ketplace. Jesica Santillan, who died because of a surd. This is a good rule, it is a fair rule, tragic medical mistake in North Caro- Mr. Speaker, I yield 3 minutes to the and this is an extremely important lina earlier this year. Or patients like gentleman from Florida (Mr. WELDON). bill. I encourage all my colleagues to the 1-year-old baby who died in Dallas Mr. WELDON of Florida. I thank the vote ‘‘yes.’’ last August after a surgical error. gentleman for yielding me this time. Mr. HASTINGS of Florida. Mr. That is right, Mr. Speaker. Instead of Mr. Speaker, I practiced defensive Speaker, I yield myself 30 seconds. reducing malpractice premiums, Re- medicine for 15 years before I was In response to my good friend and publicans are reducing victims’ rights. elected to Congress. Defensive medi- colleague regarding the fairness and Instead of protecting patients, they are cine is extremely costly. The way it openness and the 1 hour of debate, 31 protecting the profits of HMOs and in- works is very simple. The patient amendments were offered last night in surance companies. It is absolutely

VerDate Dec 13 2002 23:41 Mar 13, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.010 H13PT1 H1820 CONGRESSIONAL RECORD — HOUSE March 13, 2003 outrageous, but that is what you get Mr. Speaker, assuming that the Re- everyone. We need to keep in mind that with this Republican Congress. publicans are pursuing some sort of everyone is entitled to full compensa- It did not have to be that way, Mr. payback because they do not like what tion for their losses, medical bills and Speaker. Democrats, led by the two we did when we were in the majority, I wages under H.R. 5. most senior Members of the House, the would only point out that we rarely It is not unusual to hear stories of gentleman from Michigan (Mr. DIN- granted closed rules, and they nor- doctors moving from Kentucky to Indi- GELL) and the gentleman from Michi- mally were bills out of the Committee ana, where they have enacted com- gan (Mr. CONYERS), offered a com- on Ways and Means. Bills of this na- prehensive liability reform, to take ad- prehensive plan to bring down doctors’ ture, of this controversy, when we were vantage of lower costs of medical li- insurance rates and protect patients. in the majority, we permitted the mi- ability insurance. The Democratic plan combines tort re- nority to have a substitute on the Passing the HEALTH Act, which rea- form and insurance reform. It cracks floor, something which they have de- sonably reforms our liability system, down on frivolous lawsuits. And, just nied us today. will hold premiums at a lower, more as importantly, it forces insurance Mr. REYNOLDS. Mr. Speaker, I yield predictable rate. That will ensure pa- companies to pass on their savings to myself such time as I may consume. tients are not left without their local doctors. Without this rate rollback Mr. Speaker, I have only served physician, who may be otherwise driv- provision, Mr. Speaker, insurance com- under the distinguished chairmanship en out of their practice. And to say panies can just pad their profit mar- of Chairman DREIER, but I am always that this bill will not reduce frivolous gins instead of passing the savings on. pleased that in each rule that we make lawsuits and reduce malpractice pre- That is a lesson we learned in Texas there is always a recommit. Looking miums is truly laughable. Lawsuits do when we passed tort reform. So the back at history, one of the people that not prevent injuries, they do not re- Texas legislature and then-Governor I think was a distinguished chairman duce medical errors, but they do create Bush agreed on a law that specifically of the Committee on Rules, Joe Moak- an atmosphere of fear, defensiveness required that insurance companies re- ley, I am not sure he always had a re- and distrust in the doctor-patient rela- duce doctors’ premiums, and that is all commit in the legislation. I am not tionship. we are trying to do here. But Repub- sure that former Speaker Tip O’Neill In fact, a recent study estimated that lican leaders decided to protect insur- when he was a member of the Com- defensive medicine cost $163 per person ance company profits while they were mittee on Rules always voted that per year in Kentucky. That means Ken- reducing patient protections. So they there would be a recommit. But I do tucky spends about $655 million on un- defeated our amendments in the Com- believe that there has been a recommit necessary care due to fear of litigation. mittee on Rules last night. in here. More importantly, I think it is Let me give you specific examples, Mr. Speaker, doctors and patients de- important that this legislation was too. Blue Grass Orthopedic Group in serve better than this. So I urge my thoroughly vetted in two committees, my district has never lost any of the colleagues to defeat the previous ques- the Committee on Energy and Com- handful of claims filed against its eight tion. Then we can amend the rule to merce and the Committee on the Judi- doctors. Yet their premiums, which bring up the only comprehensive plan ciary, and even passed by voice vote in were $222,000 last year, shot up to to reform medical malpractice, the the Committee on the Judiciary. Just $635,000, nearly tripling in a single Democratic substitute. And if Repub- weeks ago these same committees once year. Why? Because personal injury licans succeed in passing this rule, I again took testimony and the bill lawyers, hoping to hit the jackpot, file urge a ‘‘no’’ vote on the underlying passed through the Committee on En- frivolous lawsuits. bill. Do not let Republicans sacrifice ergy and Commerce by voice vote. More than 70 percent of Kentucky victims’ rights in order to protect HMO physicians say their medical liability profits. b 1045 insurance premiums increased in 2002. I would make one other point. Last The Committee on Rules last night Emergency physicians saw increases night in the Committee on Rules when took testimony for over 2 hours and greater than 200 percent, general sur- challenged by the gentleman from reasonably provided 2 hours of general geons and orthopedists saw increases Michigan (Mr. DINGELL), the gentleman debate, in addition to the standard mo- between 87 and 122 percent, and obste- from California (Mr. DREIER), the tion to recommit, and I believe we will tricians and internists saw increases chairman of the committee, explained have a full hour on this rule today. between 40 and 64 percent. Several saw why the committee was not going to Mr. Speaker, I yield 3 minutes to the several hundred percent increases in grant an open rule, why they were gentleman from Kentucky (Mr. their premiums. In other words, this is going to grant a closed rule. What he FLETCHER). The gentleman, a doctor, is just unsustainable. said was, ‘‘This is payback. This is pay- an expert in this legislation. It is estimated that for every obste- back for what you did when you were Mr. FLETCHER. Mr. Speaker, I will trician that leaves a practice in Ken- in the majority.’’ have to say it is rather amazing that tucky, 140 women are left without their Mr. DREIER. Mr. Speaker, will the when the minority is wrong on policy, physician. That means that women gentleman yield? they focus on process. during prenatal care will have to drive Mr. FROST. I yield to the gentleman Mr. Speaker, as a family physician, I an extra 30 or 50 minutes to see a doc- from California. have always tried to do what is best for Mr. DREIER. I thank my friend for tor. That also means during labor if patients, and as a Member of Congress yielding. Would the gentleman state that unborn child is in fetal distress, I still try to do what is best for pa- the quote again that I said? I did not there is an extra 30 minutes of fetal tients in Kentucky and all across hear it correctly. distress, which could blankly rob that Mr. FROST. Mr. Speaker, I was sit- America. child of all their hopes and future of ting next to the gentleman from Cali- Mr. HOYER. Mr. Speaker, will the what they potentially could be. fornia, and I believe that I heard him gentleman yield on that point? As a family physician, I took an oath say that this was payback. Mr. FLETCHER. Not at this time. I to do no harm. The only bill today that Mr. DREIER. I never said anything of have 3 minutes. will help physicians keep that oath is the kind. Mr. HOYER. We yielded on our side. one that ensures safe and timely access Mr. FROST. Mr. Chairman, I was sit- Mr. FLETCHER. Mr. Speaker, what to care through reasonable, com- ting right next to you. is best for the patient? I believe that prehensive and effective health care li- Mr. DREIER. I never said anything of unlimited medical liability awards are ability reform, and that is H.R. 5. I the kind. I just would like the record bad for patients, because they cause urge my colleagues to support this rule to show that, Mr. Speaker. malpractice insurance prices to climb, and vote yes on H.R. 5. I thank my friend for yielding. resulting in more expensive care, fewer Mr. HASTINGS of Florida. Mr. Mr. FROST. All I can say is I was sit- doctors, and problems obtaining access Speaker, I yield myself 10 seconds. ting next to the gentleman. I under- to needed care. Mr. Speaker, there is a recent study stand and I know what I heard last H.R. 5, the HEALTH Act of 2003, ac- reported in USA Today of medical mal- night. tually ensures fair compensation for practice insurance that concluded that,

VerDate Dec 13 2002 23:41 Mar 13, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.012 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1821 on average, doctors still spend less on I would say to the gentleman from In January, a group of Wheeling sur- malpractice insurance, 3.2 percent of Kentucky (Mr. FLETCHER), yes, that is geons left the emergency room to illus- their revenue, than on rent. I offer that why we talk about process, because we trate the deep and devastating problem for the gentleman from Kentucky (Mr. want to show why we are not serving that West Virginia doctors are suf- FLETCHER). doctors this day; why in State after fering with the high cost of medical li- Mr. Speaker, I yield 3 minutes to my State after State that have capped re- ability. And, guess what happened? Our good friend, the gentleman from Mary- covery premiums have not gone down. State legislature, which is predomi- land (Mr. HOYER), the distinguished Doctors will not be served by this legis- nantly Democrat, in probably the larg- Democratic whip. lation you offer, and you will not allow est way of any State legislature, we Mr. HOYER. Mr. Speaker, I thank us an amendment to do something that have a Democratic Governor, they the gentleman for yielding. will protect doctors, that will protect passed and signed the day before yes- I want to say to my friend from Ken- patients, that will protect injured peo- terday a medical liability bill that does tucky, who says that we rise to focus ple. in fact have caps on non-economic on process, I tell my friend from Ken- This is a travesty of democracy, and damages. Because, you know what? tucky there is a reason for that, be- it is a travesty for people who are in- When your grandmother, when your cause your Committee on Rules does jured severely by the negligence of oth- mother, when your husband or wife not have the courage to allow us to de- ers. cannot find medical care at a trauma bate substance. It does not have the Vote against the previous question, center, cannot find an OB/GYN, when courage to allow us to offer a sub- vote against this bill, vote for fairness their general practitioner leaves to go stitute and amendments to your bill so and equity in this House. to California, North Carolina, Georgia, Mr. REYNOLDS. Mr. Speaker, I yield that we could discuss substance. Have that is a human problem. That is a myself such time as I may consume. courage on your side, that substance is health problem. Mr. Speaker, we are going to con- what ought to be at risk here. We are So the answer to this is the legisla- tinue on the debate of the issue of the prepared to debate it. Allow us to do tion that we are going to pass today. I day, which is medical liability. I must so. proudly voted for it last year. I think tell you, while I guess it is important Mr. Speaker, once again today the it will help not only my State of West to listen to some of the process, and Republican leadership is employing Virginia, but it will help every State in outrageous tactics that trample the half of this debate by the leadership of our House is on the process, I am hop- the Union. rights of the minority and rig the rules We cannot retain and recruit physi- ing that we can continue to hear the of this debate. cians in the State of West Virginia be- debate that was at least opened by my- Mr. FLETCHER. Mr. Speaker, will cause of this problem. We have had a self and my good friend from Florida the gentleman yield? brain drain because our older physi- Mr. HOYER. As long as the gen- who has a different view. I look at it that we need to helm doc- cians are leaving, they are practicing tleman yielded to me. tors and patients, and to make sure we defensive medicine, and they are afraid Mr. Speaker, these tactics demean can control the costs of malpractice in- of the lawsuits that are pending in the People’s House. Hear me. Hear me. surance. I have listened to some of the front of them. Sixty-three percent of These tactics demean the People’s debate on the other side that it is the them say they considered moving to House, demean democracy, demean doctors and insurance companies that another State, 41 percent are consid- freedom, and they fly in the face of are at fault. ering retiring early, and 30 percent are commitments by Republicans when It is an important debate. This is a considering leaving the practice of they regained the majority to run an debate that was heard 7 months ago in medicine altogether. open and deliberative process. both the Committee on the Judiciary Mr. Speaker, this is a devastating These comments are on the record. and the Committee on Energy and problem. Come to West Virginia and Here is how Gerald Solomon, the Commerce. The Committee on the Ju- see. It is a quality of life issue, it is an former Republican Chair of the Com- diciary voted by voice vote to put the economic issue. mittee on Rules, explained it in No- bill out. Only recently we have had Today I join with my colleagues to vember of 1994 when you were just those hearings again in the Committee vote for H.R. 5, and I will be extremely about to take power. This is a quote, on Energy and Commerce and the Com- happy to see national legislation. on the record: mittee on the Judiciary, and, in a bi- Mr. HASTINGS of Florida. Mr. ‘‘The guiding principles will be open- partisan fashion, it was passed by a Speaker, I am pleased to yield 21⁄4 min- ness and fairness. The Rules Com- voice vote there. utes to my good friend, the gentle- mittee will no longer rig the procedure Last night we took 2 hours of testi- woman from New York (Ms. SLAUGH- to contrive a predetermined outcome. mony. The Committee on Rules re- TER), who is an expert in this area, From now on,’’ the Republicans said, sponded with a 2-hour debate, plus with a Master’s of Public Health. ‘‘the Rules Committee will clear the what will be a full hour of the resolu- Ms. SLAUGHTER. Mr. Speaker, I stage for debate and let the House tion, now going forward here on the thank the gentleman for yielding me work its will.’’ rule itself. time. The year before, Congressman Sol- I look forward to the debate, I look Mr. Speaker, this is one of the de- omon remarked, ‘‘Every time we deny forward to hearing it, and then I look bates that has gone on for many years an open amendment process on an im- forward to voting up or down on wheth- and it has always been characterized as portant piece of legislation, we are er we are going to help patients or not. a debate between physicians and law- disenfranchising the people and their Mr. Speaker, I yield 2 minutes to the yers, leaving out one of the major play- representatives from the legislative gentlewoman from West Virginia (Mrs. ers in all of these problems, the insur- process.’’ CAPITO). ance industry. Mr. Speaker, this side of the aisle Mrs. CAPITO. Mr. Speaker, I would This health care act is wrongly represents at least 140 million people. indeed like to debate the issue, I would named. It is the wrong prescription for This side of the aisle represents 140 like you all to live in my State of West curing any malady in medical mal- million Americans, and you have shut Virginia over the last year. Our Trau- practice insurance. The proponents them up today, and you shut them up ma I Medical Center in the State’s Cap- want to claim jury awards for rising in- last week, and you may be considering ital, Charleston, West Virginia, closed. surance premiums. But a study by shutting us up next week. Not 204 or No specialist. It was reopened, but it Americans for Insurance Reform re- 205 Democrats, but 140 million Ameri- was closed for 2 or 3 months. ported that rising insurance premiums cans. In September of 2002, a young boy are not tied to jury awards. I submit that this is precisely what who had something lodged in his wind- Let me for a moment talk about how we are doing today under this closed pipe, his parents had to drive him 4 an insurance company meets a lawsuit rule, which is what Mr. Solomon said hours to get a specialist in Cincinnati, that is filed against it. The money that you would not do. But you do it this Ohio. Thank goodness it had a good is asked for in that bill is set aside in day, and you demean this House. ending, but it might not have. a separate pot of money as though they

VerDate Dec 13 2002 23:41 Mar 13, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.014 H13PT1 H1822 CONGRESSIONAL RECORD — HOUSE March 13, 2003 had lost the suit. Of course, only about Last week, Orlando Regional Medical For those who denied that there was a one of nine of those cases is ever Center announced that they were clos- ‘‘physician drain’’ or a problem with the tort brought to court, but that large pot of ing in April 2003 because the neuro- system, who asserted that this was only an money still exists over there for the in- surgeons in the Orlando area can no insurance-industry, stock-market-cyclical fi- nancial problem, who ignored the looming surance company, on which they pay a longer afford skyrocketing medical li- crisis, the end results of denial, deception, very low rate of taxes. They should be ability insurance premiums. apathy and procrastination are clear. a major player here. Now, how bad is the situation? Dr. As of April 1, Central Florida will have lost Wait until your doctors hear back Jonathan Greenberg, the chairman of one of its most precious assets, the ORMC home that what we have done here the Department of Neurosurgery at Level I trauma center. There will not be today, because I am sure it is going to ORMC, personally told me that the enough neurosurgeons left to fully man the pass, will not do a thing in the world malpractice insurance premiums have on-call schedule. about lowering their insurance pre- risen five-fold over the past 2 years We know that in the past many patients miums. There is no mention in here from $55,000 a year to $256,000 a year. survived their injuries because they were We do not have to guess what the brought to ORMC; they would not have sur- that insurance companies of any sort vived elsewhere. After April 1, similarly in- will have to give back money to the consequences are when this sort of fa- jured patients may not survive. I am pro- physicians or to lower their rates. cility is closed down. Just last week, foundly saddened by this prospect. They are probably not going to give up Mrs. Leanne Dyess testified before our It will take more than an act of God to anything out of that large pot they Committee on the Judiciary. Her hus- avert this catastrophe. It will take respon- have had all of these years, and which band suffered one of these severe head sible action by the governor, the state Legis- we have no right, because the Federal injuries in a car accident. There were lature, and county and regional leaders. Government has no oversight over in- no longer any neurosurgeons in the Band-Aid solutions will not save a health- surance, to see what is there. area because they could not afford the care system that is exsanguinating. ORMC One of the most egregious things in liability insurance. As a result, it took has the only Level I trauma center in the state without sovereign immunity. Relief this legislation and this debate is we 6 hours to airlift Mr. Dyess to a dif- from predatory lawsuits and unaffordable in- have been told over and over that 5 per- ferent location. It was too late. Mr. surance premiums and adequate compensa- cent of the physicians in the United Dyess is now permanently brain dam- tion for extraordinary medical care will be States are responsible for more than 55 aged. He is unable to talk, unable to necessary. percent of the lawsuits. Would you not work, unable to provide for his family. Mr. HASTINGS of Florida. Mr. think that the sensible thing to do We must bring common sense back to Speaker, would the Chair announce the would be to get rid of that 5 percent? If the health care system so that patients remaining time on both sides, please? this law passes, the 5 percent still con- with severe head injuries have access The SPEAKER pro tempore (Mr. tinued to create malpractice, have bad to trauma centers. We should care THORNBERRY). The gentleman from outcomes on their patients. The only about each other more and sue each Florida (Mr. HASTINGS) has 101⁄4 min- difference after this bill is passed is other less. utes remaining; the gentleman from I ask my colleagues to vote ‘‘yes’’ on that patients will have no recourse at New York (Mr. REYNOLDS) has 101⁄2 min- all. H.R. 5 and the rule. I will also include utes remaining. in the RECORD an article dated March b 1100 Mr. HASTINGS of Florida. Mr. 11, 2003 from Dr. Greenberg and pub- The caps are really extensive. There Speaker, I am pleased and privileged to lished in the Orlando Sentinel. yield 3 minutes to my good friend, the is no recourse. And in addition, one [From the Orlando Sentinel, Mar. 11, 2003] more thing I would say. Not only are gentleman from Michigan (Mr. DIN- NEUROSURGEON: SAVE TRAUMA CENTER GELL), the dean of the House, who I the insurance companies protected, but (By Jonathan Greenberg, M.D.) also the people who manufacture med- think can speak to both substance and A human tragedy of immense proportions process. ical devices, HMOs, and pharma- is unfolding in Central Florida, and my ceutical companies. It is very far- (Mr. DINGELL asked and was given neurosurgical colleagues and I have been un- permission to revise and extend his re- reaching and will do nothing to lower able to prevent it. premiums. Less than two weeks after a state trauma- marks.) Mr. REYNOLDS. Mr. Speaker, I yield site review lauded Orlando Regional Medical Mr. DINGELL. Mr. Speaker, I say to 2 minutes to the gentleman from Flor- Center’s Level I trauma center for its high my colleagues, vote down this iniqui- ida (Mr. KELLER). level of patient care and dedication ‘‘above tous rule. It is unfair. It is demeaning. (Mr. KELLER asked and was given and beyond’’ that at other Level I centers, It strikes at the heart of the par- permission to revise and extend his re- the ORMC administration was compelled to liamentary practices that are the inform the state that it will go off-line as an proud tradition of this body. It also marks, and include extraneous mate- adult Level I trauma center as of April 1 be- rial.) cause of the lack of neurosurgical coverage. tears at the throat of honorable and Mr. KELLER. Mr. Speaker, I thank Seven neurosurgeons resigned from the open and fair debate. It denies every the gentleman for yielding me this ORMC medical staff, citing the physical Member, not just Democrats, the right time. stress of on-call requirements, medical mal- to offer amendments to the bill. Mr. Mr. Speaker, I rise today in strong practice-insurance premiums, increased li- Speaker, 31 amendments were re- support of H.R. 5, because there is ab- ability exposure in treating trauma patients quested of the Committee on Rules last solutely a medical liability crisis in and the adverse impact that on-call coverage night; not a one was given. A sub- has had on their private practices. Florida which will, among other I cannot fault my neurosurgical colleagues stitute was given. things, result in patients in Orlando for having taken this action. They have com- The chairman of the committee talks with severe head injuries not having plained that they were being charged signifi- of the need to have a fair and open access to a doctor. Let me give one ex- cantly increased malpractice-insurance pre- process. Well, we do not have a fair and ample of the crisis. miums—or were going to be denied mal- open process. Therefore, vote down the The Orlando Regional Medical Center practice insurance altogether—for the privi- rule, vote down the previous question. is a large hospital located in the heart lege of getting up in the middle of the night It is an outrage, and it is inconsistent of my district in Orlando, Florida. It is to take care of critically ill head and spine- with the tradition and practices of the injured patients. home to the only level-1 trauma center Three neurosurgeons have closed their House. in the central Florida area. It special- practices and left the community. Trying to I would point out that in the rules, izes in treating patients with severe replace them has been almost impossible. rule XVI, clause 6 begins, ‘‘When an head injuries. The trauma center was What sane physician would move to a state amendable proposition is under consid- praised last month by the State of known to be in the throes of a ‘‘medical mal- eration, a motion to amend and a mo- Florida as delivering patient care that practice-insurance crisis,’’ where insurance tion to amend that amendment shall be is ‘‘above and beyond’’ that of other is either unobtainable or exorbitantly priced, in order.’’ It is in the rules. The Com- level-1 trauma centers. I personally and where there is a constant threat of frivo- lous but nonetheless disruptive lawsuits? mittee on Rules should read it. toured this trauma center, and I can ORMC has lobbied vigorously for relief; we We are not discussing the substance tell my colleagues it is a source of have demonstrated to increase public aware- of the legislation. We hope to have a pride for many central Floridians. ness and spoken with state representatives. fair chance to do so. We hope to have a

VerDate Dec 13 2002 23:41 Mar 13, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.016 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1823 fair chance to amend the basic propo- decades. I felt strongly about ensuring none of them have been allowed to sition before this body. The Committee that the minority had the right to come to the floor. on Rules has not given it to us. come forward with at least an oppor- Mr. DREIER. Mr. Speaker, I thank I went before the Committee last tunity, through an amendment and a the gentleman for reminding me. night and I asked, am I wasting my motion to recommit, which was denied Mr. HASTINGS of Florida. Mr. time and am I wasting your time by us on many occasions. Speaker, I yield 11⁄2 minutes to the gen- being here? The answer is, I was. I was Now, last night when we had the tes- tleman from Virginia (Mr. SCOTT), my not told that I was, but the simple fact timony in the Committee on Rules, the very good friend. of the matter was the decision had al- gentleman from Michigan (Mr. DIN- (Mr. SCOTT of Virginia asked and ready been made. The process had al- GELL) told me that he came here in was given permission to revise and ex- ready been carefully cooked so that no 1955, and our good friend, the gen- tend his remarks and include extra- opportunity to amend the bill is before tleman from Michigan (Mr. CONYERS) neous material.) this body at this time. came here in 1965, and they had never Mr. SCOTT of Virginia. Mr. Speaker, We can talk about what it is that is known of any instance whatsoever this closed rule does a disservice to the wrong with this legislation and how when the Democrats had denied the Re- legislative process. Medical mal- the amendments would improve it. publican minority the opportunity to practice is a very complicated issue, That is really not important. What is consider at least an opportunity to there are many different provisions, important is that the basic rights of amend through a recommittal motion. and we cannot possibly debate each one the Members of this body, the basic I have to say that I have the greatest with a closed rule. The fact is that one- prerogatives of the institution to per- respect for the gentleman from Michi- half of the medical malpractice pre- fect legislation before it has been de- gan (Mr. DINGELL), my friend; but I miums represent 1⁄2 of 1 percent of nied by the majority, functioning have a list right here of in the 100th health care costs, and those costs have through the organism of the Com- Congress, 16 examples of where this been going up at the same rate of mittee on Rules. was denied. health care inflation. California had In 14 years as the chairman of the Now, this issue of payback has come medical malpractice reform, but the Committee on Commerce, never once up. Well, so is this payback now that rates did not go down until there was did I go before the Committee on Rules we are imposing on the minority? Ab- insurance reform. to ask for anything other than an open solutely not. Because when we passed This bill does nothing to eliminate rule so that all Members might have a our opening day rules package, having frivolous lawsuits, but it makes the fair chance to participate in the debate served 14 years in the minority, I was bona fide lawsuits even more difficult on the legislation and to offer amend- very sensitive to make sure that we to bring. The elimination of joint and ments as the need would require, no would guarantee the minority that several liability means that you have matter how complex or controversial right to offer a motion to recommit to chase each and every doctor for each the legislation was. That is the way with an amendment, and that is ex- and every portion of their liability. this institution should work. actly what is going to exist under this The young Mexican girl with the trans- This rule demeans this body. It de- process. plant, one would have to prove a sepa- means every Member here, and it de- Now, I believe that we should have as rate case against each and every com- means the Committee on Rules and open and as fair a process as we can, pany, the transplant company, the hos- those who have inflicted this outrage and I stand here continuing to be com- pital, and everybody else before she upon this body. mitted to our goal of ensuring that the could get anything. She would prob- I say again, vote this rule down. It is minority does have as many rights as ably use up the whole $250,000 cap be- wrong. It is arrogant. It is without jus- possible, and I will continue to fight in fore she could get anything. tification. I note that it comes up on a behalf of that, because I believe in the The collateral source rule will shift day when this is the last item of busi- Madisonian spirit of minority rights. the cost of malpractice onto the em- ness of the week and when this is the I also know that we have a responsi- ployer. If one has a self-insured em- last item of business that will be done. bility to move our agenda. And we are ployer, if one of their employees gets Let us vote it down, and let us then go doing that, while guaranteeing these put in a malpractice-induced coma, the about the business of conducting the minority rights. employer will have to pay the bill. This business of the House in a fashion Now, when we opened this process bill prohibits subrogation so that the which is consistent with the traditions last night, I am very happy that my employer cannot get the money back; of this great democratic institution. friend, the gentleman from Florida the malpractice insurance company Mr. REYNOLDS. Mr. Speaker, I yield (Mr. HASTINGS), began by talking about will not have to pay that hospital bill. 3 minutes to the distinguished gen- the fact that we did meet his request to Mr. Speaker, we need to debate that tleman from California (Mr. DREIER), provide 2 hours. There will be a debate. and discuss it; but we cannot, because the chairman of the Committee on There will be an opportunity for Mem- it is a closed rule. Rules. bers to voice their concern, regardless I hereby attach to my statement, the addi- (Mr. DREIER asked and was given of what side of this issue they are on. tional dissenting views I offered to the Judici- permission to revise and extend his re- I happen to think that it is very impor- ary Committee report on H.R. 5. marks.) tant for us to also recognize that the ADDITIONAL DISSENTING VIEWS Mr. DREIER. Mr. Speaker, it is a Committee on the Judiciary and the In addition to the dissenting views, I would great honor to be a Member of this in- Committee on Energy and Commerce add the following: stitution, and it is an honor for me to both had full markups with the ex- 1. In addition to the comments on the bill’s have the opportunity to follow my very change of ideas, and the people who elimination of joint and several liability, I good friend, the gentleman from Michi- have stood up to speak against this would add that this new burden on the plain- tiff is administratively unfair to the plain- gan (Mr. DINGELL), the dean of the rule are people who in fact offered tiff. The apportionment of malpractice re- House. amendments through the committee sponsibility is routinely made in the health As we have listened to the arguments process. The committee process has care field by apportionment of insurance that have been provided about the worked very effectively here. coverage. Health care providers can and do rights of the minority, I have to say We have come together with a pack- decide in advance who will pay for what cov- that while the gentleman from Michi- age which I believe, through both com- erage. The plaintiff, on the other hand, is not gan (Mr. DINGELL) served for 14 years mittees, can, in fact, have an oppor- in a position to apportion damages, because as chairman of the Committee on Com- tunity to be heard; and I urge my col- the plaintiff often has no idea what hap- merce, I served for 14 years as a mem- leagues to vote in support of this rule pened, much less who was responsible. The ber of the minority in this institution. entire concept of res ipsa loquitur is based and for the underlying legislation. on the fact that some cases are so obviously When we won the majority in 1994, I Mr. HASTINGS of Florida. Mr. the result of malpractice that the general felt very strongly about something Speaker, I would remind the distin- burden of proof is eased for such victims. that had existed under the democratic guished chairman, my friend, that we With the elimination of joint and several li- rule in this place for 4 uninterrupted did have 31 amendments last night; ability, and without knowing exactly what

VerDate Dec 13 2002 01:22 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.042 H13PT1 H1824 CONGRESSIONAL RECORD — HOUSE March 13, 2003 happened, the plaintiff will have to make a cerns about the impact of rising liabil- jected my amendment that said 50 per- separate case, including establishing a stand- ity insurance. Seventy-two percent in cent of the savings by insurance com- ard of care, violation of that standard and high-risk specialties said insurance panies should be reinvested into physi- proximate cause for each conceivable partic- cians to lower their premiums. ipant in his care and always have the possi- premiums have affected their willing- bility of defendants pointing to an ‘‘empty ness to perform procedures, and 34 per- They know that California did not chair’’ or an insolvent defendant at the trial. cent have admitted that they have to have those premiums go down until This burden comes with the costs of expert order more tests, perform more proce- California enacted insurance reform. witnesses for each doctor, nurse and hospital dures, and practice defensive medicine This is an insurance giveaway bill. even minimally involved in the most egre- just to protect themselves. But as a re- This is not going to bring doctors into gious and obvious cases. As the dissent men- sult, health care costs soar. In Ohio rural and urban America. tions, any defendant can always seek con- alone, there is story upon story of doc- Mr. Speaker, this rule should be tribution without the elimination of joint voted down in the name of Nathaniel, and several liability. tors retiring early or leaving the State 2. In addition to the comments in the dis- just because of liability premiums. now brain damaged. H.R. 5 is a devasta- sent on the collateral source rule, I would Take Brian Bachelder, who had to tion and a disgrace to this baby who add that there are three interested parties: stop practicing obstetrics this year be- lost the ability to live a good quality of the plaintiff, the health care insurance com- cause he simply could not afford it. As life. pany and the defendant. Good arguments can a result, his patients, many of whom Mr. Speaker, I am disgusted by this closed be made for the plaintiff to benefit from the had trouble just paying for the gas to rule and call on my colleagues to defeat the provisions he has made to pay his bills. Some get to their appointment with him, will rule and the underlying bill. We have a health may have saved money over the years, in- care crisis on our hands. We need to work to- cluding a medical savings account, and oth- now have to travel 50 or 65 miles fur- ther for prenatal care. Or take Dr. gether in a democratic fashion to address it: to ers may have paid for insurance. Those per- improve access to care, to protect patients, to sons who have invested in insurance should Romeo Diaz, whose patients had to ac- be able to benefit from their thrift. If one is tually chip in and raise $40,000 to cover ensure that good physicians can afford to con- not persuaded by that argument, and is of- his increased premiums. All of this tinue treating those patients, and to decrease fended by the plaintiff ‘‘being paid twice’’ for scrimping and saving for a doctor who frivolous lawsuits. The underlying bill does the same bill, then one could reasonably say had not had a malpractice claim filed nothing to address any of those issues, and I that the health insurance carrier should be and many of my colleagues came forth last able to get its money back through subroga- in over 10 years. America’s health care system is night to present amendments that would have tion, and charge a smaller premium based on ensured that it did. Not a single one of those quickly approaching the eye of a per- the anticipation that some of their claims excellent ideas will be even considered today. fect storm, a world without doctors. will not ultimately have to be paid, because What in the name of God and Country is a tortfeasor will be responsible. The last per- They are becoming increasingly hard our Democracy coming to when on the Floor son of interest who should benefit from the to find in so many places; and even plaintiff’s insurance should be the tortfeasor. of the House of Representatives, there is not worse, when you find one, they often a single chance to debate and vote on one of In fact the prohibition against subrogation cannot help. Their hands are tied. in the bill creates the bizarre situation in many ideas that could save lives and rescue Far too many Americans are unable which a self-insured small business could our floundering health care system? have an employee in a malpractice induced to find a doctor to deliver a baby, to I hate the idea of putting a price tag on a coma, and have to pay all of the hospital perform a surgery, or to provide trau- human life, or a value on pain and suffering. bills, notwithstanding the fact that the neg- ma care necessary to save a loved one’s However, we all know that malpractice pre- ligent doctor is fully insured. life. miums are outrageously high in some regions, 3. Finally, one of the reasons why the ‘‘av- Mr. Speaker, Congress needs to act erage’’ malpractice award is increasing is be- for some specialities of medicine. I understand today and pass a medical liability re- that some physicians are actually going out of cause smaller cases are not brought. The form plan that keeps our doctors prac- complexity of the cases makes it impossible business because the cost of practicing is too to hire an attorney if the award is too small ticing, alleviates patients’ suffering, high, and that we run the risk of decreasing to generate a meaningful attorney’s fee. This and restores medical justice to this access to healthcare if we do not find a way ‘‘average’’ will undoubtedly increase if this system. to decrease malpractice insurance premiums. bill is enacted because of limitations on b 1115 But it would be doubly tragic if we did com- damages, limitations on attorney’s fees, promise the ability of patients suffering from Mr. HASTINGS of Florida. Mr. elimination of joint and several liability and medical negligence from seeking recourse in elimination of collateral sources. A better Speaker, how much time is remaining our courts, and did not achieve any meaning- measure of the impact malpractice litigation on both sides? has on the health care system is the fact ful decrease in malpractice premiums. There- The SPEAKER pro tempore (Mr. fore, I offered an amendment last night that that all malpractice awards and settlements THORNBERRY). The gentleman from have been approximately 1⁄2 of 1 percent of would require that all malpractice insurance Florida (Mr. HASTINGS) has 53⁄4 minutes the national health care costs and have been companies make a reasonable estimate each recently increasing at the same rate as the remaining. The gentleman from New year of the amount of money they save each 1 health care costs generally. York (Mr. REYNOLDS) has 5 ⁄2 minutes year through the reduction in claims brought ROBERT C. SCOTT. remaining. about by this Act. Then they would need to Mr. REYNOLDS. Mr. Speaker, I yield Mr. HASTINGS of Florida. Mr. ensure that at least 50% of those savings be 2 minutes to the gentlewoman from Speaker, I yield 1 minute to my good passed down in the form of decreased pre- Ohio (Ms. PRYCE), a member of the friend, the gentlewoman from Texas miums for the doctors they serve. Committee on Rules and Chair of the (Ms. JACKSON-LEE). I shared this concept with doctors and med- Republican Conference. (Ms. JACKSON-LEE of Texas asked ical associations down in Texas, and they Ms. PRYCE of Ohio. Mr. Speaker, I and was given permission to revise and were very enthusiastic, because this amend- thank the gentleman for yielding me extend her remarks.) ment would ensure that we do what, I am this time. Ms. JACKSON-LEE of Texas. Mr. being told, this bill is supposed to do—lower Mr. Speaker, my home State of Ohio Speaker, Nathaniel is in fact the face premiums for doctors. is one of a dozen States that is facing of the devastation of H.R. 5. In the Without my provision, this bill could easily a real crisis in health care. Simply put, name of God and country, this rule end up being nothing more than heartbreak for doctors are leaving and patients are says to Nathaniel, 6 days old, he is those dealing with loss, and a giant gift to in- suffering. One by one, facilities are brain damaged because physicians and surance companies. Parents who lose a child closing their doors, retiring early, and nurses failed to diagnose jaundice. In due to a tragedy like the one in North Carolina not performing various procedures be- this bill he would be denied under the recently where the wrong heart and lung were cause, simply put, they cannot afford capping of noneconomic damages that placed in a young girl—they don’t lose any the insurance. The result is a pending are capped. Nathaniel is the face of the money—they lose a part of their souls. We are perfect storm, where all of the con- horror of what happened in the Com- going to tell them that their child was only verging factors meet to create utter mittee on Rules last night. There will worth $250,000 in non-economic damages for and total chaos. be no response to our physician friends all of their pain and suffering. We are being Among Ohio physicians surveyed last and doctor friends on the question of told that we are going to do this to such dev- year, 96 percent expressed serious con- reducing premiums because they re- astated families, in order to enable our doctors

VerDate Dec 13 2002 01:22 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 9920 E:\CR\FM\A13MR7.008 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1825 to keep treating patients. However, the Rules Abuse in our judicial system can be Mrs. CAPPS. Mr. Speaker, I rise in Committee has decided to prevent us from remedied by the implementation and opposition to the rule and the under- voting on amendments that would ensure that power of trials by jury, but a balance lying bill. this bill helps any doctor at all. must be struck between that idea and We should not be capping the awards Without debate and votes, a Democracy is the notions of common sense and per- for pain and suffering that an injured not a Democracy. I will vote against this sonal responsibility. Unfortunately, patient receives when they have been Closed Rule, and encourage my colleagues our current system does not strike that harmed by their doctor. This puts the who care about helping patients and good balance. burden of rising insurance rates onto doctors to do the same. I urge, as such, my colleagues to join the innocent patient rather than the Mr. REYNOLDS. Mr. Speaker, I yield me in passing this rule and the under- insurance company. 21⁄2 minutes to the gentleman from lying legislation. Mr. Speaker, I offered an amendment Georgia (Mr. LINDER), a distinguished Mr. HASTINGS of Florida. Mr. to the Committee on Rules which was member of the Committee on Rules. Speaker, I yield 1 minute to the gen- not made in order. My amendment Mr. LINDER. Mr. Speaker, I thank tleman from Massachusetts (Mr. would set caps in the bill of $250,000 or the gentleman for yielding me time. DELAHUNT), who has studied this prob- the total compensation package of the lem long-standing as an attorney. Mr. Speaker, I rise in support of the CEO of the insurance company rep- Mr. DELAHUNT. Mr. Speaker, I rule and the underlying legislation, resenting the doctor in the case, which- H.R. 5, the underlying medical mal- thank the gentleman for yielding me time. ever is highest. practice reform bill. This rule gives the It is not fair for insurance companies minority party a motion to recommit This is Linda McDougal, and like Na- thaniel and many others she too would to pay their executives millions of dol- with or without instructions. This mo- lars, give them bonuses, increase their tion to recommit provides the minority be a victim of the underlying bill H.R. 5. She received an unnecessary double pay when they are trying to deprive with an opportunity to amend H.R. 5 as victims of their rightful compensation. it sees fits, something the House Demo- mastectomy after doctors mixed up her results, her lab results, and erro- In these days of Enron and MCI crats often refused to give Republicans WorldCom, I believe that Congress before 1995. neously told her she had breast cancer. Under this bill her lifetime of pain should be siding with injured patients As a former dentist I understand the over corporate executives. necessity for this particular form of and disfigurement would be worth The Nation’s largest medical mal- tort law and how the reality of judicial $250,000 and not a penny more. I ask my practice insurance company pays their adventurism is a prime cause of rising friends, is that fair? Well, if my friends have any doubts, CEO $9.7 million, but even so they ap- health care costs and reduced access in I would suggest they ask their mother, parently cannot keep paying for the our country. their sister or their daughter. pain and suffering of patients their cli- I absolutely believe that medical Mr. REYNOLDS. Mr. Speaker, I yield ents have injured and so they keep malpractice litigation has a sub- 45 seconds to the gentleman from Ne- raising their rates. You have to wonder stantive effect on health care quality vada (Mr. PORTER). about priorities. and costs. (Mr. PORTER asked and was given In a recent survey of Georgia doctors, This is about Nathaniel and Linda. permission to revise and extend his re- This amendment that I propose pro- 18 percent said they would stop pro- marks.) viding high risk procedures to limit motes corporate responsibility. It is a Mr. PORTER. Mr. Speaker, I rise in more fair approach, and I urge my col- their liability; 33 percent of OB-GYNs support of the HEALTH Act of 2003. and 20 percent of family practitioners leagues to defeat this rule and the un- This bill will be the first step towards derlying bill. said they will abandon high-risk proce- curing the escalating medical liability dures such as delivering babies. In ad- Mr. REYNOLDS. Mr. Speaker, I yield costs. 1 minute to the gentleman from Penn- dition, 11 percent of physicians will The runaway litigation has forced a sylvania (Mr. GREENWOOD), who is an stop providing emergency room serv- dozen States into near cardiac arrest, expert on the Committee on Energy ices. including my home State of Nevada. In and Commerce on this issue. The benefits of capping malpractice Nevada medical liability costs have Mr. GREENWOOD. Mr. Speaker, I damages are staggering. In California skyrocketed, forcing doctors to leave thank the gentleman for yielding me it is estimated that MICRA has saved in droves. The trauma center in our top time. under those with high-risk specialties hospital had to shut its doors because as much as $42,000 per year, not to men- there were not enough doctors to treat The gentlewoman from Texas (Ms. tion the $6 billion per year of savings the patients. Just about every day you JACKSON-LEE) showed me a picture of to patients in California. According to pick up the paper and you turn on the Nathaniel, a young boy tragically the U.S. Department of HHS, limits on TV and there is another story about a brain damaged. I want my colleagues noneconomic damages could yield tax- pregnant woman or an emergency pa- to understand that this bill of ours is payers 25- to $44 billion per year in sav- tient going into other States to have modeled after California law. And in ings. their babies delivered or emergency California law just last May under the Our founders incorporated explicit care treated. It is just one example. same kind of law, a little boy who was protections for citizens in criminal In Las Vegas, Mr. Speaker, obstetri- brain damaged at a very young age be- trials in the sixth amendment. How- cian Dr. Shelby Wilbourn packed up a cause of malpractice was awarded $43.5 ever, they foresaw the potential abuse 12-year practice and moved to Maine, million. And our bill would do nothing in civil trials and thus remained ex- where insurance rates are more afford- to prevent this young man from get- plicitly silent on the rights of juries to able and doctors appear less likely to ting what they need, and that is prob- operate in civil cases. be sued. ably a lifetime of round-the-clock med- In Federalist 83 Alexander Hamilton Mr. Speaker, in order to remedy this, ical care, a lifetime of lost wages. went to great lengths to discuss the ab- we must pass this legislation. All that would be recoverable in full, sence of constitutional protections in Mr. HASTINGS of Florida. Mr. as it should be, and on top of that at civil cases, going so far as to claim Speaker, I would say to the gentleman least a quarter of a million dollars in that he could not ‘‘discern the insepa- from Nevada (Mr. PORTER), the gentle- pain and suffering; and if the State rable connection between the existence woman from Nevada (Ms. BERKLEY), from which the child comes wanted to, of liberty and the trial by jury in civil who is married to a physician, does not that State could raise that level to cases.’’ find that H.R. 5 is going to remedy her whatever it wants. We have a flexible According to Hamilton, the genius of husband’s problem. cap. This is a question of balance. This the constitution was not only its flexi- Mr. Speaker, I yield 1 minute to the is a question of balance. We have to fig- bility in handling the changing nature distinguished gentlewoman from Cali- ure out how do we properly pay for of the American judiciary but also its fornia (Mrs. CAPPS), who is a registered medical liability claims in a reasoned reliance on the legislature to prescribe nurse and has seen what we are talking way that still allows us to retain our the effective checks on such changes. about. doctors and hospitals.

VerDate Dec 13 2002 00:02 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MR7.013 H13PT1 H1826 CONGRESSIONAL RECORD — HOUSE March 13, 2003 Mr. HASTINGS of Florida. Mr. lowed for judicial discretion in particularly decide how to hold responsible those Speaker, I yield 1 minute to the gentle- egregious cases. involved in her death? woman from Nevada (Ms. BERKLEY), Nevada passed caps, but the medical insur- Mr. REYNOLDS. Mr. Speaker, I yield my friend, who is an attorney married ance companies have refused and have failed 30 seconds to the gentleman from Cali- to a physician, who has studied this to reduce their premiums. fornia (Mr. COX). problem actively and carefully over a The evidence demonstrates that judgements Mr. COX. Mr. Speaker, everyone in period of time, coming from a State are not the full, or even a large measure of this body knows why pregnant mothers with dramatic problems. the problem. And therefore caps will have a cannot find doctors to deliver their ba- (Ms. BERKLEY asked and was given very limited effect on solving this problem. bies, why emergency room and trama permission to revise and extend her re- This Congress cannot—for a minute—pre- centers are closing and why physicians marks.) tend that we have addressed the very real are leaving their practices. The health Ms. BERKLEY. Mr. Speaker, I fear problem of skyrocketing insurance rates if we care liability crisis has been worsening we are doing a terrible disservice to limit our prescription to liability caps. We must every year since 1993, when I first in- our Nation’s physicians and the pa- also provide doctors with insurance reforms as troduced this legislation that we are tients who depend on them. We are de- well. considering today. ceiving them by passing a bill that Medical liability reform is worthless if we ig- The national median malpractice does not ensure that doctors will actu- nore all the evidence demonstrating that the awards has been increasing 43 percent a ally benefit from these caps. current crisis is due more to insurance com- year. It is unsustainable. Today the av- As a representative of southern Ne- pany miscues than to liability claims. erage physician faces a new lawsuit vada I am all too familiar with the It is fundamentally unfair and bad public pol- every year. The opponents of this legis- medical liability issue. Nevada has icy to limit jury awards without directly ad- lation are convinced that the best faced a serious medical malpractice dressing reform of the insurance industry. If place to make split second medical de- crisis for years. Doctors cannot afford this Congress is going to pass tort reform, it cisions is in the courtroom. But this insurance premiums and they are should be accompanied by insurance reform bill is about getting better health care threatening to leave the State. Some so that insurance companies will pass along in America for doctors and patients have and some are refusing to accept the savings, and doctors become the direct and all of the people who rely upon this new patients. beneficiaries of cap limitations. system. It is high time for medical jus- In August of 2002, Nevada passed a Anything less will fail to solve the mal- tice and high time to enact this legisla- carefully balanced tort reform bill practice crisis in my State and in this Nation. tion. which limited noneconomic damages to I urge my colleagues to vote against this b 1130 Rule. We are doing a terrible disservice to our $350,000 and allowed for judicial discre- Mr. HASTINGS of Florida. Mr. Nation’s physicians and to the patients that tion in particularly egregious cases. Speaker, I yield myself the remaining depend on them. We are deceiving them by Nevada passed caps. But the medical time. insurance companies have refused and passing a bill that does not insure that the Mr. Speaker, if the previous question have failed to reduce their premiums. doctors will actually benefit from caps. is defeated, I will offer an amendment This Congress cannot for a minute Mr. REYNOLDS. Mr. Speaker, I re- to the rule. My amendment will allow pretend that we have addressed the serve the balance of my time. the House to consider the Conyers-Din- The SPEAKER pro tempore. The gen- real problem of skyrocketing insurance gell substitute to the medical mal- tleman from New York has 11⁄4 minutes rates if we limit our prescription to li- practice bill. My amendment will give remaining. The gentleman from Flor- ability caps. We must also provide doc- Members an opportunity to vote on ida (Mr. HASTINGS) has 2 minutes re- tors with insurance reforms as well. this substitute which, unlike the ma- maining. Medical liability reform is worthless jority, takes a comprehensive approach Mr. HASTINGS of Florida. Mr. if we ignore all of the evidence dem- to rising medical malpractice insur- Speaker, I yield 1 minute to the gen- onstrating that the current crisis is ance premiums. It takes steps to weed tleman from Texas (Mr. EDWARDS) and due more to insurance company mis- out frivolous lawsuits. It requires in- then I will be prepared to close. cues than liability claims. We must surance companies to pass their sav- Mr. EDWARDS. Mr. Speaker, I am combine them both and I urge you to ings on to health care providers, and it deeply disappointed that the Repub- reject this rule. provides targeted assistance to the lican House leadership refused last Mr. Speaker, I rise in opposition to the rule. physicians and communities who need night to even let this House consider As a Representative of southern Nevada, I it most. my amendment, a reasonable amend- am all too familiar with this medical liability Let me make it clear that a ‘‘no’’ ment, to exclude the $250,000 caps only issue. Nevada has faced a serious medical vote on the previous question will not in cases where someone is guilty of malpractice crisis for the last year. Doctors stop consideration of this bill. A ‘‘no’’ gross negligence. cannot afford insurance premiums and are vote will allow the House to consider I support cracking down on frivolous threatening to leave the State. Some have or and get a vote on the Conyers-Dingell lawsuits and I even favor punishing at- are refusing to accept new patients. substitute. However, a ‘‘yes’’ vote on torneys who file them. But under the I convened discussion groups of doctors the previous question will shut out any guise of stopping frivolous lawsuits, it and lawyers at my home to try to understand opportunity for a vote on the sub- is wrong for the Republican leadership the medical malpractice issue, and it’s a reg- stitute. I urge a ‘‘no’’ vote on the pre- to protect those guilty of gross neg- ular conversation in my own home as my hus- vious question. band and I, a doctor and lawyer, have ligence even when the consequence is Mr. Speaker, I ask unanimous con- searched for effective solutions to this crisis. the loss of a child. sent that the text of the amendment Nevada’s problem is not one of obscene Jeanella Aranda was a 1-year-old and a description be printed in the baby. Last August Jeanella died need- awards and lawsuits, but of poor calculations RECORD immediately prior to the vote and bad decisions on the part of insurers over lessly in Dallas, Texas, because the on the previous question, on which I the past couple of decades. transplant liver team did not check the urge a ‘‘no’’ vote on the base rule. Nevada’s problem is the result of artificially fact that the father’s liver and blood The SPEAKER pro tempore (Mr. inflated profits, over saturation and price type were not compatible. Had they THORNBERRY). Is there objection to the slashing by the insurance company and when checked they have would have found request of the gentleman from Florida? Nevada was no longer profitable, St. Paul In- out little Jeanella’s mother could have There was no objection. surance Co. withdrew from the market. When donated part of her liver and Jeanella The SPEAKER pro tempore. The that happened, 60% of Nevada’s doctors lost would most likely be alive today. time of the gentleman from Florida has their insurance carrier and the remaining med- Mr. Speaker, I hope every Member of expired. ical malpractice insurance companies raised this House will ask his or herself this Mr. REYNOLDS. Mr. Speaker, I yield their rates to unconscionable extremes. question before voting on this awful myself the remaining time. In August of 2002, Nevada passed a care- unfair rule: Had Jeanella Aranda been I hope my colleagues have had the fully balanced tort reform bill which limited your child, would you think it would be opportunity to read the heart-wrench- non-economic damages to $350,000 and al- fair for politicians in Washington to ing testimony presented by Leanne

VerDate Dec 13 2002 00:02 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.023 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1827 Dyess earlier this month before the All this bill does is take away compensation pay costs and attorneys fees or administer Committee on the Judiciary. I hope from the most seriously injured plaintiffs. other appropriate sanctions. For second time their compassion will allow them to These are the victims who have a case that violators, the court shall also require the at- consider how it would feel if a similar torney to pay a monetary fine. For third has so much merit that a jury of their peers time violators, the court shall also refer the tragedy befell someone they love sim- decides they deserve more than $250,000 in attorney to the appropriate State bar asso- ply because doctors had been pushed non-economic damages. ciation for disciplinary proceedings. out of the area; and I hope they can Our bill requires an attorney to file a certifi- SEC. 104.—Mandatory Mediation. This sec- recognize that, today, we have the op- cate of merit that an action is not frivolous tion establishes an alternative dispute reso- portunity to prevent such tragedies and, if that certificate is false, that attorney lution (ADR) system for medical malpractice from happening to others. can be disbarred. cases. Participation in mediation shall be in lieu of any other ADR method required by The HEALTH Act is about patients The Republican bill takes a chain saw to the getting the best possible care they can law or by contractual arrangements by the health care system instead of a scalpel. It is parties. A similar approach is recommended when and where they need it. Dollar no wonder they fear a fair and honest debate by the Committee for Economic Develop- signs do not cure people; doctors do. and a clean vote. ment (CED), which suggests that defendants Let us make sure doctors and other I urge Members to: make and victims accept ‘‘early offers.’’ The providers all across the country remain (1) Vote ‘‘no’’ on the Previous Question so effect of the ‘‘early offer’’ program, accord- open for business. that we can make in order a vote on Conyers- ing to the CED, is that defendants will re- I urge a ‘‘yes’’ vote on the rule and Dingell and other worthy Democratic amend- duce the likelihood of incurring litigation costs, and victims would obtain fair com- the underlying legislation. A ‘‘yes’’ ments. vote is a vote for patients. pensation without the delay, expense or (2) If we are not successful in defeating the trauma of litigation. Mr. CONYERS. Mr. Speaker, there is one previous question, vote ‘‘no’’ on this one SEC. 105.—Punitive Damages. This section word that best describes this closed rule: cow- sided, anti-democratic rule. limits the circumstances under which a ardly. This is a Republican leadership that The material previously referred to claimant can seek punitive damages in a fears a real debate on this cold hearted pro- by Mr. HASTINGS of Florida is as fol- medical malpractice action. It also allocates posal that would rob victims of medical mal- lows: 50 percent of any punitive damages that are practice. They fear that too many of their own awarded to a Patient Safety Fund managed PREVIOUS QUESTION FOR H. RES. 139—MED- by HHS. HHS will administer the Patient Members would vote for a democratic bill be- ICAL MALPRACTICE: H.R. 5—HELP EFFICIENT cause it makes sense and would address the Safety Fund through the Agency for ACCESSIBLE, LOW-COST, TIMELY Healthcare Research and Quality. The Sec- problem. HEALTHCARE (HEALTH) ACT OF 2003 retary will promulgate regulations that will They have decided to dodge a clean vote In the resolution strike ‘‘and (2)’’ and in- establish programs and procedures to carry on a real bill and bury real debate in proce- sert the following: out this objective. See also, Sec. 221–223. dural doubletalk. They have decided to let ‘‘(2) an amendment in the nature of a sub- SEC. 106.—Reduction in Premiums. This their Members hide behind parliamentary stitute consisting of the text of H.R. 1219 if section requires medical malpractice insur- tricks. offered by Representative Conyers or a des- ance companies to annually project the sav- The Republican leadership has shredded ignee, which shall be in order without inter- ings that will result from Title II of the bill. any semblance of fairness or open debate. vention of any point of order, shall be con- Insurance companies must then develop and Just last year, for the first time since 1910, sidered as read, and shall be separately de- implement a plan to annually dedicate at batable for 60 minutes equally divided and least 50 percent of those savings to reduce this Republican leadership denied the Minority controlled by the proponent and an oppo- the insurance premiums that medical profes- party a motion to recommit. Today, the two nent; and (3)’’ sionals pay. Insurance companies must re- most senior members of the House of Rep- CONYERS/DINGELL DEMOCRATIC SUBSTITUTE— port these activities to HHS annually. The resentatives, who are also the two Ranking H.R. 1219, ‘‘THE MEDICAL MALPRACTICE AND section provides for civil penalties for the Democrats on the Committees of jurisdiction, INSURANCE REFORM ACT OF 2003’’ non-compliance of insurance companies. are being denied the opportunity to offer the SECTION-BY-SECTION ANALYSIS Title II—Medical malpractice insurance reform amendment of their choosing. Scope. The legislation narrowly defines SEC. 201.—Prohibition on Anti-competitive The Republican leadership’s bill doesn’t ‘‘medical malpractice action’’ to cover ‘‘li- Activities by Medical Malpractice Insurers. solve the problem of medical malpractice in- censed physicians and health professionals’’ This section would repeal McCarran-Fer- surance rates skyrocketing. It has no insur- for only cases involving medical mal- guson Act to ensure that insurers do not en- ance reform at all. Doctors who are being practice. These definitions are intended to gage in price fixing. The Act, enacted in 1945, exempts all anti-competitive insurance in- price gouged by insurance companies will not include doctors, hospitals, nurses, and other health professionals who pay medical mal- dustry practices, except boycotts, from the see one cent of savings from this bill. Federal antitrust laws. Over the years, un- practice insurance premiums. See, sec. 107(8). The simple fact is that draconian caps on even oversight of the insurance industry by damages do not reduce insurance premiums. Title I—Reducing frivolous lawsuits the States, coupled with no possibility of In a comparison of states that enacted severe SEC. 101.—Statute of Limitations. This sec- Federal antitrust enforcement, have created tort restrictions in the mid-1980s and those tion limits the amount of time during which an environment that fosters a wide range of that resisted enacting any tort reform, no cor- a patient can file a medical malpractice ac- anti-competitive practices. tion to the later of three years from the date SEC. 202.—Medical Malpractice Insurance relation was found between tort reform and in- of injury or three years from the date the pa- Price Comparison. This section creates an surance rates. tient discovers (or through the use of reason- internet site at which health care providers Our bill takes away the antitrust exemption able diligence should have discovered) the in- could obtain the price charged for the type of for medical malpractice insurance providers jury. Children under the age of 18 have the coverage the provider seeks from any mal- that has allowed those providers to collude to later of three years from their eighteenth practice insurer licensed in the doctor’s jack up rates for doctors. birthday or three years from the date the pa- state. This section specifies the availability The Republican leadership’s bill does noth- tient discovers (or through the use of reason- of online forms and that all information will ing about the deadly problem of medical mal- able diligence should have discovered) the in- remain confidential. practice that costs victims literally their life and jury. Title III—Enhancing patient access to care SEC. 102.—Health Care Specialist Affidavit. through direct assistance limb. Between 44,000 and 98,000 people die This section requires an affidavit by a quali- each year because of medical negligence in SEC. 301.—Grants and Contracts Regarding fied specialist before any medical mal- Health Provider Shortages. This section au- hospitals and the Republican answer is to take practice action may be filed. A ‘‘Qualified thorizes the Secretary of Health and Human away the rights of surviving family members Specialist’’ is a health care professional with Services (HHS) to award grants or contracts and accountability for bad apple health care knowledge of the relevant facts of the case, through the Health Resources and Services providers. expertise in the specific area of practice, and Administration (HRSA) to geographic areas H.R. 5 does nothing about the fact that 5% board certification in a specialty relating to that have a shortage of one or more types of of all doctors are responsible for 54% of mal- the area of practice. health care providers as a result of dramatic practice claims paid. H.R. 5 does nothing to SEC. 103.—Mandatory Sanctions for Frivo- increases in malpractice insurance pre- lous Actions and Pleadings. This section re- solve the problem that medical malpractice is miums. quires all plaintiff attorneys who file a med- SEC. 302.—Health Professional Assignments the fifth leading cause of death in the country. ical malpractice action to certify that the to Trauma Centers. This section amends the Our bill preserves accountability in the case is meritorious. Attorneys who erro- Public Health Service Act to authorize the health care system. neously file such a certificate are subject to Secretary to send physicians from the Na- The Republican leadership’s bill does noth- strict civil penalties. For first time viola- tional Health Service Corps to trauma cen- ing about frivolous lawsuits, only hurts victims. tors, the court shall require the attorney to ters that are in danger of closing (or losing

VerDate Dec 13 2002 01:22 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.026 H13PT1 H1828 CONGRESSIONAL RECORD — HOUSE March 13, 2003 their trauma center status) due to dramatic Boozman Hastings (WA) Pickering Jackson-Lee Meek (FL) Sanchez, Loretta increases in malpractice premiums. Bradley (NH) Hayes Pitts (TX) Meeks (NY) Sanders Brady (TX) Hayworth Platts Jefferson Menendez Sandlin Title IV—Independent advisory commission on Brown (SC) Hefley Pombo John Michaud Schakowsky medical malpractice insurance Brown-Waite, Hensarling Porter Johnson, E. B. Millender- Schiff SEC. 401–402.—Independent Advisory Com- Ginny Herger Portman Jones (OH) McDonald Scott (GA) mission on Medical Malpractice Insurance. Burgess Hobson Pryce (OH) Kanjorski Miller (NC) Scott (VA) Kaptur Miller, George Serrano This section establishes the national Inde- Burns Hoekstra Putnam Burr Hostettler Quinn Kennedy (RI) Mollohan Sherman pendent Advisory Commission on Medical Burton (IN) Houghton Kildee Moore Skelton Malpractice Insurance. The Commission Radanovich Buyer Hulshof Ramstad Kilpatrick Moran (VA) Slaughter Kind Murtha Smith (WA) must evaluate the causes and scope of the re- Calvert Hunter Regula Camp Isakson Kleczka Nadler Solis cent and dramatic increases in medical mal- Rehberg Cannon Issa Kucinich Napolitano Spratt practice insurance premiums, formulate ad- Renzi Cantor Istook Lampson Neal (MA) Stark ditional proposals to reduce those premiums, Reynolds Capito Janklow Langevin Oberstar Stenholm and make recommendations to avoid any Rogers (AL) Carter Jenkins Lantos Obey Strickland Rogers (KY) such increases in the future. In formulating Castle Johnson (CT) Larsen (WA) Olver Stupak its proposals, the Commission must, at a Chabot Johnson, Sam Rogers (MI) Larson (CT) Ortiz Tanner minimum, consider a variety of enumerated Chocola Jones (NC) Rohrabacher Lee Owens Tauscher factors. Coble Keller Ros-Lehtinen Levin Pallone Taylor (MS) Cole Kelly Royce Lewis (GA) Pascrell Thompson (CA) SEC. 403.—Report. This section requires the Ryan (WI) Commission to file an initial report with Collins Kennedy (MN) Lipinski Pastor Thompson (MS) Cox King (IA) Ryun (KS) Lofgren Payne Tierney Congress within 180 days of enactment and Crane King (NY) Saxton Lowey Pelosi Towns to file annual reports until the Commission Crenshaw Kingston Schrock Lynch Peterson (MN) Turner (TX) terminates. Cubin Kirk Sensenbrenner Majette Pomeroy Udall (CO) SEC. 404.—Membership. This section spe- Culberson Kline Sessions Maloney Price (NC) Udall (NM) cifically establishes the number and type of Cunningham Knollenberg Shadegg Markey Rahall Van Hollen commissioners that the Comptroller General Davis, Jo Ann Kolbe Shaw Marshall Rangel Velazquez of the United States must appoint to the Davis, Tom LaHood Shays Matheson Reyes Visclosky Deal (GA) Latham Sherwood Matsui Rodriguez Waters Commission. Generally, the membership of DeLay LaTourette Shimkus McCarthy (MO) Ross Watson the Commission will include individuals with DeMint Leach Shuster McCarthy (NY) Rothman Watt national recognition for their expertise in Diaz-Balart, L. Lewis (CA) Simmons McCollum Roybal-Allard Waxman health finance and economics, actuarial Diaz-Balart, M. Lewis (KY) Simpson McDermott Ruppersberger Weiner science, medical malpractice insurance, in- Doolittle Linder Smith (MI) McGovern Ryan (OH) Wexler surance regulation, health care law, health Dreier LoBiondo Smith (NJ) McIntyre Sabo Woolsey care policy, health care access, allopathic Duncan Lucas (KY) Smith (TX) McNulty Sanchez, Linda Wu Dunn Lucas (OK) Souder Meehan T. Wynn and osteopathic physicians, other providers Ehlers Manzullo of health care services, patient advocacy, Stearns NOT VOTING—8 Emerson McCotter Sullivan and other related fields, who provide a mix of English McCrery Sweeney Combest Gilchrest Rush different professionals, broad geographic rep- Everett McHugh Tancredo DeGette Hyde Snyder resentations, and a balance between urban Feeney McInnis Tauzin Gephardt Johnson (IL) and rural representatives. Ferguson McKeon Taylor (NC) Flake Mica ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE SEC. 407.—Authorization of Appropriations. Terry Fletcher Miller (FL) Thomas The SPEAKER pro tempore (Mr. This section authorizes that such sums be Foley Miller (MI) Thornberry THORNBERRY) (during the vote). Mem- appropriated to the Commission for five fis- Forbes Miller, Gary Tiahrt cal years. Fossella Moran (KS) bers have 2 minutes to record their Tiberi (Prepared by the Democratic staffs of the Franks (AZ) Murphy Toomey votes. Frelinghuysen Musgrave Committee on the Judiciary and the Com- Turner (OH) mittee on Energy and Commerce.) Gallegly Myrick b 1154 Garrett (NJ) Nethercutt Upton Mr. REYNOLDS. Mr. Speaker, I yield Gerlach Ney Vitter Ms. WATSON, Messrs. SANDLIN, back the balance of my time, and I Gibbons Northup Walden (OR) MATSUI, HINOJOSA, SHERMAN, Walsh move the previous question on the res- Gillmor Norwood KUCINICH, Mrs. JONES of Ohio, Gingrey Nunes Wamp olution. Goode Nussle Weldon (FL) Messrs. RUPPERSBERGER, The SPEAKER pro tempore. The Goodlatte Osborne Weldon (PA) BALLANCE, DEUTSCH, OWENS, Ms. question is on ordering the previous Goss Ose Weller MAJETTE, and Mr. DAVIS of Florida Whitfield Granger Otter changed their vote from ‘‘yea’’ to question. Graves Oxley Wicker The question was taken; and the Green (WI) Paul Wilson (NM) ‘‘nay.’’ Speaker pro tempore announced that Greenwood Pearce Wilson (SC) Mr. PETRI and Mr. PAUL changed the ayes appeared to have it. Gutknecht Pence Wolf their vote from ‘‘nay’’ to ‘‘yea.’’ Harris Peterson (PA) Young (AK) Mr. HASTINGS of Florida. Mr. Hart Petri Young (FL) So the previous question was ordered. Speaker, I object to the vote on the The result of the vote was announced ground that a quorum is not present NAYS—201 as above recorded. and make the point of order that a Abercrombie Carson (OK) Etheridge The SPEAKER pro tempore. The quorum is not present. Ackerman Case Evans question is on the resolution. Alexander Clay Farr The question was taken; and the The SPEAKER pro tempore. Evi- Allen Clyburn Fattah dently a quorum is not present. Andrews Conyers Filner Speaker pro tempore announced that The Sergeant at Arms will notify ab- Baca Cooper Ford the ayes appeared to have it. Baird Costello Frank (MA) sent Members. RECORDED VOTE Baldwin Cramer Frost Pursuant to clause 9 of rule XX, the Ballance Crowley Gonzalez Mr. HASTINGS of Florida. Mr. Chair will reduce to 5 minutes the min- Becerra Cummings Gordon Speaker, I demand a recorded vote. imum time for electronic voting, if or- Bell Davis (AL) Green (TX) A recorded vote was ordered. Berkley Davis (CA) Grijalva dered, on the question of adoption of Berman Davis (FL) Gutierrez The SPEAKER pro tempore. This is a the resolution. Berry Davis (IL) Hall 5-minute vote. The vote was taken by electronic de- Bishop (GA) Davis (TN) Harman The vote was taken by electronic de- vice, and there were—yeas 225, nays Bishop (NY) DeFazio Hastings (FL) Blumenauer Delahunt Hill vice, and there were—ayes 225, noes 201, 201, not voting 8, as follows: Boswell DeLauro Hinchey not voting 8, as follows: [Roll No. 61] Boucher Deutsch Hinojosa [Roll No. 62] Boyd Dicks Hoeffel YEAS—225 Brady (PA) Dingell Holden AYES—225 Aderholt Barton (TX) Blackburn Brown (OH) Doggett Holt Aderholt Bartlett (MD) Bilirakis Akin Bass Blunt Brown, Corrine Dooley (CA) Honda Akin Barton (TX) Bishop (UT) Bachus Beauprez Boehlert Capps Doyle Hooley (OR) Bachus Bass Blackburn Baker Bereuter Boehner Capuano Edwards Hoyer Baker Beauprez Blunt Ballenger Biggert Bonilla Cardin Emanuel Inslee Ballenger Bereuter Boehlert Barrett (SC) Bilirakis Bonner Cardoza Engel Israel Barrett (SC) Biggert Boehner Bartlett (MD) Bishop (UT) Bono Carson (IN) Eshoo Jackson (IL)

VerDate Dec 13 2002 01:22 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MR7.010 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1829 Bonilla Harris Petri Inslee Meek (FL) Sanders H.R. 5 Bonner Hart Pickering Israel Meeks (NY) Sandlin Be it enacted by the Senate and House of Rep- Jackson (IL) Menendez Bono Hastings (WA) Pitts Schakowsky resentatives of the United States of America in Boozman Hayes Platts Jackson-Lee Michaud Schiff Congress assembled, Bradley (NH) Hayworth Pombo (TX) Millender- Scott (GA) Brady (TX) Hefley Porter Jefferson McDonald Scott (VA) SECTION 1. SHORT TITLE. Brown (SC) Hensarling Portman John Miller (NC) Serrano This Act may be cited as the ‘‘Help Effi- Brown-Waite, Herger Pryce (OH) Johnson, E. B. Miller, George Sherman cient, Accessible, Low-Cost, Timely Jones (OH) Mollohan Ginny Hobson Putnam Skelton Healthcare (HEALTH) Act of 2003’’. Burgess Hoekstra Kanjorski Moore Quinn Slaughter SEC. 2. FINDINGS AND PURPOSE. Burns Hostettler Radanovich Kaptur Moran (VA) Kennedy (RI) Murtha Smith (WA) (a) FINDINGS.— Burr Houghton Ramstad Hulshof Kildee Nadler Solis (1) EFFECT ON HEALTH CARE ACCESS AND Burton (IN) Regula Buyer Hunter Kilpatrick Napolitano Spratt COSTS.—Congress finds that our current civil Rehberg Calvert Isakson Kind Neal (MA) Stark justice system is adversely affecting patient Renzi Camp Issa Kleczka Oberstar Stenholm access to health care services, better patient Reynolds Cannon Istook Kucinich Obey Strickland Rogers (AL) care, and cost-efficient health care, in that Cantor Janklow Lampson Olver Stupak Rogers (KY) the health care liability system is a costly Capito Jenkins Langevin Ortiz Tanner and ineffective mechanism for resolving Carter Johnson (CT) Rogers (MI) Lantos Owens Tauscher claims of health care liability and compen- Castle Johnson, Sam Rohrabacher Larsen (WA) Pallone Taylor (MS) Ros-Lehtinen Chabot Jones (NC) Larson (CT) Pascrell Thompson (CA) sating injured patients, and is a deterrent to Royce Chocola Keller Lee Pastor Thompson (MS) the sharing of information among health Ryan (WI) Coble Kelly Levin Payne Tierney care professionals which impedes efforts to Ryun (KS) Cole Kennedy (MN) Lewis (GA) Pelosi Towns improve patient safety and quality of care. Saxton Collins King (IA) Lipinski Peterson (MN) Turner (TX) (2) EFFECT ON INTERSTATE COMMERCE.—Con- Schrock Lofgren Cox King (NY) Pomeroy Udall (CO) gress finds that the health care and insur- Crane Kingston Sensenbrenner Lowey Price (NC) Udall (NM) ance industries are industries affecting Crenshaw Kirk Sessions Lynch Rahall Van Hollen Cubin Kline Shadegg Majette Rangel interstate commerce and the health care li- Vela´ zquez Culberson Knollenberg Shaw Maloney Reyes ability litigation systems existing through- Cunningham Kolbe Shays Markey Rodriguez Visclosky out the United States are activities that af- Davis, Jo Ann LaHood Sherwood Marshall Ross Waters fect interstate commerce by contributing to Davis, Tom Latham Shimkus Matheson Rothman Watson the high costs of health care and premiums Deal (GA) LaTourette Shuster Matsui Roybal-Allard Watt for health care liability insurance purchased DeLay Leach Simmons McCarthy (MO) Ruppersberger Waxman by health care system providers. DeMint Lewis (CA) Simpson McCarthy (NY) Rush Weiner (3) EFFECT ON FEDERAL SPENDING.—Con- Diaz-Balart, L. Lewis (KY) McCollum Ryan (OH) Wexler Smith (MI) gress finds that the health care liability liti- Diaz-Balart, M. Linder Smith (NJ) McDermott Sabo Woolsey Doolittle LoBiondo Smith (TX) McGovern Sa´ nchez, Linda Wu gation systems existing throughout the Dreier Lucas (KY) Souder McNulty T. Wynn United States have a significant effect on Duncan Lucas (OK) Stearns Meehan Sanchez, Loretta the amount, distribution, and use of Federal Dunn Manzullo funds because of— Sullivan NOT VOTING—8 Ehlers McCotter Sweeney (A) the large number of individuals who re- Emerson McCrery Tancredo Combest Gilchrest McIntyre ceive health care benefits under programs English McHugh Tauzin DeGette Hyde Snyder operated or financed by the Federal Govern- Everett McInnis Gephardt Johnson (IL) Taylor (NC) ment; Feeney McKeon Terry Ferguson Mica ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE (B) the large number of individuals who Thomas Flake Miller (FL) benefit because of the exclusion from Fed- Thornberry The SPEAKER pro tempore. (Mr. Fletcher Miller (MI) eral taxes of the amounts spent to provide Tiahrt THORNBERRY) (during the vote). Mem- Foley Miller, Gary Tiberi them with health insurance benefits; and Forbes Moran (KS) bers are advised 2 minutes remain in Toomey (C) the large number of health care pro- Fossella Murphy this vote. viders who provide items or services for Franks (AZ) Musgrave Turner (OH) Upton which the Federal Government makes pay- Frelinghuysen Myrick b 1207 Gallegly Nethercutt Vitter ments. Garrett (NJ) Ney Walden (OR) So the resolution was agreed to. (b) PURPOSE.—It is the purpose of this Act Walsh Gerlach Northup The result of the vote was announced to implement reasonable, comprehensive, Gibbons Norwood Wamp and effective health care liability reforms Gillmor Nunes Weldon (FL) as above recorded. designed to— Gingrey Nussle Weldon (PA) A motion to reconsider was laid on (1) improve the availability of health care Weller Goode Osborne the table. services in cases in which health care liabil- Goodlatte Ose Whitfield ity actions have been shown to be a factor in Goss Otter Wicker f Granger Oxley Wilson (NM) the decreased availability of services; (2) reduce the incidence of ‘‘defensive medi- Graves Paul Wilson (SC) MESSAGE FROM THE PRESIDENT Green (WI) Pearce Wolf cine’’ and lower the cost of health care li- Greenwood Pence Young (AK) A message in writing from the Presi- ability insurance, all of which contribute to Gutknecht Peterson (PA) Young (FL) dent of the United States was commu- the escalation of health care costs; (3) ensure that persons with meritorious NOES—201 nicated to the House by Mr. Sherman Williams, one of his secretaries. health care injury claims receive fair and Abercrombie Carson (IN) Engel adequate compensation, including reason- Ackerman Carson (OK) Eshoo f able noneconomic damages; Alexander Case Etheridge (4) improve the fairness and cost-effective- Allen Clay Evans ness of our current health care liability sys- Andrews Clyburn Farr HELP EFFICIENT, ACCESSIBLE, Baca Conyers Fattah LOW-COST TIMELY HEALTHCARE tem to resolve disputes over, and provide Baird Cooper Filner (HEALTH) ACT OF 2003 compensation for, health care liability by re- Baldwin Costello Ford ducing uncertainty in the amount of com- Ballance Cramer Frank (MA) Mr. SENSENBRENNER. Mr. Speak- pensation provided to injured individuals; Becerra Crowley Frost er, pursuant to House Resolution 139, I (5) provide an increased sharing of informa- Bell Cummings Gonzalez call up the bill (H.R. 5) to improve pa- tion in the health care system which will re- Berkley Davis (AL) Gordon duce unintended injury and improve patient Berman Davis (CA) Green (TX) tient access to health care services and Berry Davis (FL) Grijalva provide improved medical care by re- care. Bishop (GA) Davis (IL) Gutierrez ducing the excessive burden the liabil- SEC. 3. ENCOURAGING SPEEDY RESOLUTION OF Bishop (NY) Davis (TN) Hall CLAIMS. Blumenauer DeFazio Harman ity system places on the health care The time for the commencement of a Boswell Delahunt Hastings (FL) delivery system, and ask for its imme- health care lawsuit shall be 3 years after the Boucher DeLauro Hill diate consideration. date of manifestation of injury or 1 year Boyd Deutsch Hinchey after the claimant discovers, or through the Brady (PA) Dicks Hinojosa The Clerk read the title of the bill. The SPEAKER pro tempore (Mr. use of reasonable diligence should have dis- Brown (OH) Dingell Hoeffel covered, the injury, whichever occurs first. Brown, Corrine Doggett Holden SIMPSON). Pursuant to House Resolu- In no event shall the time for commence- Capps Dooley (CA) Holt tion 139, the bill is considered read for Capuano Doyle Honda ment of a health care lawsuit exceed 3 years Cardin Edwards Hooley (OR) amendment. after the date of manifestation of injury un- Cardoza Emanuel Hoyer The text of H.R. 5 is as follows: less tolled for any of the following:

VerDate Dec 13 2002 00:02 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MR7.004 H13PT1 H1830 CONGRESSIONAL RECORD — HOUSE March 13, 2003 (1) Upon proof of fraud; (4) 15 percent of any amount by which the case may be, by such party, of the kind caus- (2) Intentional concealment; or recovery by the claimant(s) is in excess of ing the harm complained of by the claimant; (3) The presence of a foreign body, which $600,000. (E) any criminal penalties imposed on such has no therapeutic or diagnostic purpose or (b) APPLICABILITY.—The limitations in this party, as a result of the conduct complained effect, in the person of the injured person. section shall apply whether the recovery is of by the claimant; and Actions by a minor shall be commenced by judgment, settlement, mediation, arbitra- (F) the amount of any civil fines assessed within 3 years from the date of the alleged tion, or any other form of alternative dis- against such party as a result of the conduct manifestation of injury except that actions pute resolution. In a health care lawsuit in- complained of by the claimant. by a minor under the full age of 6 years shall volving a minor or incompetent person, a (2) MAXIMUM AWARD.—The amount of puni- be commenced within 3 years of manifesta- court retains the authority to authorize or tive damages, if awarded, in a health care tion of injury or prior to the minor’s 8th approve a fee that is less than the maximum lawsuit may be as much as $250,000 or as birthday, whichever provides a longer period. permitted under this section. much as two times the amount of economic Such time limitation shall be tolled for mi- SEC. 6. ADDITIONAL HEALTH BENEFITS. damages awarded, whichever is greater. The nors for any period during which a parent or In any health care lawsuit, any party may jury shall not be informed of this limitation. guardian and a health care provider or introduce evidence of collateral source bene- (c) NO CIVIL MONETARY PENALTIES FOR health care organization have committed fits. If a party elects to introduce such evi- PRODUCTS IN COMPLIANCE WITH FDA STAND- fraud or collusion in the failure to bring an dence, any opposing party may introduce ARDS.— action on behalf of the injured minor. evidence of any amount paid or contributed (1) PUNITIVE DAMAGES.— (A) IN GENERAL.—In addition to the re- SEC. 4. COMPENSATING PATIENT INJURY. or reasonably likely to be paid or contrib- quirements of subsection (a), punitive dam- (a) UNLIMITED AMOUNT OF DAMAGES FOR AC- uted in the future by or on behalf of the op- ages may not be awarded against the manu- TUAL ECONOMIC LOSSES IN HEALTH CARE LAW- posing party to secure the right to such col- facturer or distributor of a medical product, SUITS.—In any health care lawsuit, the full lateral source benefits. No provider of collat- or a supplier of any component or raw mate- amount of a claimant’s economic loss may eral source benefits shall recover any rial of such medical product, on the basis be fully recovered without limitation. amount against the claimant or receive any that the harm to the claimant was caused by (b) ADDITIONAL NONECONOMIC DAMAGES.—In lien or credit against the claimant’s recov- any health care lawsuit, the amount of non- ery or be equitably or legally subrogated to the lack of safety or effectiveness of the par- economic damages recovered may be as the right of the claimant in a health care ticular medical product involved, unless the much as $250,000, regardless of the number of lawsuit. This section shall apply to any claimant demonstrates by clear and con- parties against whom the action is brought health care lawsuit that is settled as well as vincing evidence that— or the number of separate claims or actions a health care lawsuit that is resolved by a (i) the manufacturer or distributor of the brought with respect to the same occurrence. fact finder. This section shall not apply to particular medical product, or supplier of (c) NO DISCOUNT OF AWARD FOR NON- section 1862(b) (42 U.S.C. 1395y(b)) or section any component or raw material of such med- ECONOMIC DAMAGES.—In any health care law- 1902(a)(25) (42 U.S.C. 1396a(a)(25)) of the So- ical product, failed to comply with a specific suit, an award for future noneconomic dam- cial Security Act. requirement of the Federal Food, Drug, and ages shall not be discounted to present SEC. 7. PUNITIVE DAMAGES. Cosmetic Act or the regulations promulgated value. The jury shall not be informed about (a) IN GENERAL.—Punitive damages may, if thereunder; and the maximum award for noneconomic dam- otherwise permitted by applicable State or (ii) the harm attributed to the particular ages. An award for noneconomic damages in Federal law, be awarded against any person medical product resulted from such failure excess of $250,000 shall be reduced either be- in a health care lawsuit only if it is proven to comply with such specific statutory re- fore the entry of judgment, or by amendment by clear and convincing evidence that such quirement or regulation. of the judgment after entry of judgment, and person acted with malicious intent to injure (B) RULE OF CONSTRUCTION.—Subparagraph such reduction shall be made before account- the claimant, or that such person delib- (A) may not be construed as establishing the ing for any other reduction in damages re- erately failed to avoid unnecessary injury obligation of the Food and Drug Administra- quired by law. If separate awards are ren- that such person knew the claimant was sub- tion to demonstrate affirmatively that a dered for past and future noneconomic dam- stantially certain to suffer. In any health manufacturer, distributor, or supplier re- ages and the combined awards exceed care lawsuit where no judgment for compen- ferred to in such subparagraph meets any of $250,000, the future noneconomic damages satory damages is rendered against such per- the conditions described in such subpara- shall be reduced first. son, no punitive damages may be awarded graph. (d) FAIR SHARE RULE.—In any health care with respect to the claim in such lawsuit. No (2) LIABILITY OF HEALTH CARE PROVIDERS.— lawsuit, each party shall be liable for that demand for punitive damages shall be in- A health care provider who prescribes a med- party’s several share of any damages only cluded in a health care lawsuit as initially ical product approved or cleared by the Food and not for the share of any other person. filed. A court may allow a claimant to file an and Drug Administration shall not be named Each party shall be liable only for the amended pleading for punitive damages only as a party to a product liability lawsuit in- amount of damages allocated to such party upon a motion by the claimant and after a volving such product and shall not be liable in direct proportion to such party’s percent- finding by the court, upon review of sup- to a claimant in a class action lawsuit age of responsibility. A separate judgment porting and opposing affidavits or after a against the manufacturer, distributor, or shall be rendered against each such party for hearing, after weighing the evidence, that seller of such product. the amount allocated to such party. For pur- the claimant has established by a substan- SEC. 8. AUTHORIZATION OF PAYMENT OF FU- poses of this section, the trier of fact shall tial probability that the claimant will pre- TURE DAMAGES TO CLAIMANTS IN determine the proportion of responsibility of vail on the claim for punitive damages. At HEALTH CARE LAWSUITS. (a) IN GENERAL.—In any health care law- each party for the claimant’s harm. the request of any party in a health care suit, if an award of future damages, without lawsuit, the trier of fact shall consider in a SEC. 5. MAXIMIZING PATIENT RECOVERY. reduction to present value, equaling or ex- separate proceeding— (a) COURT SUPERVISION OF SHARE OF DAM- ceeding $50,000 is made against a party with AGES ACTUALLY PAID TO CLAIMANTS.—In any (1) whether punitive damages are to be sufficient insurance or other assets to fund a health care lawsuit, the court shall supervise awarded and the amount of such award; and periodic payment of such a judgment, the the arrangements for payment of damages to (2) the amount of punitive damages fol- court shall, at the request of any party, protect against conflicts of interest that lowing a determination of punitive liability. enter a judgment ordering that the future may have the effect of reducing the amount If a separate proceeding is requested, evi- damages be paid by periodic payments in ac- of damages awarded that are actually paid to dence relevant only to the claim for punitive cordance with the Uniform Periodic Pay- claimants. In particular, in any health care damages, as determined by applicable State ment of Judgments Act promulgated by the lawsuit in which the attorney for a party law, shall be inadmissible in any proceeding National Conference of Commissioners on claims a financial stake in the outcome by to determine whether compensatory dam- Uniform State Laws. virtue of a contingent fee, the court shall ages are to be awarded. (b) APPLICABILITY.—This section applies to have the power to restrict the payment of a (b) DETERMINING AMOUNT OF PUNITIVE DAM- all actions which have not been first set for claimant’s damage recovery to such attor- AGES.— trial or retrial before the effective date of ney, and to redirect such damages to the (1) FACTORS CONSIDERED.—In determining this Act. claimant based upon the interests of justice the amount of punitive damages, if awarded, SEC. 9. DEFINITIONS. and principles of equity. In no event shall in a health care lawsuit, the trier of fact In this Act: the total of all contingent fees for rep- shall consider only the following: (1) ALTERNATIVE DISPUTE RESOLUTION SYS- resenting all claimants in a health care law- (A) the severity of the harm caused by the TEM; ADR.—The term ‘‘alternative dispute suit exceed the following limits: conduct of such party; resolution system’’ or ‘‘ADR’’ means a sys- (1) 40 percent of the first $50,000 recovered (B) the duration of the conduct or any con- tem that provides for the resolution of by the claimant(s). cealment of it by such party; health care lawsuits in a manner other than (2) 331⁄3 percent of the next $50,000 recov- (C) the profitability of the conduct to such through a civil action brought in a State or ered by the claimant(s). party; Federal court. (3) 25 percent of the next $500,000 recovered (D) the number of products sold or medical (2) CLAIMANT.—The term ‘‘claimant’’ by the claimant(s). procedures rendered for compensation, as the means any person who brings a health care

VerDate Dec 13 2002 00:02 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MR7.005 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1831 lawsuit, including a person who asserts or civil action brought in a State or Federal any disbursements or costs incurred in con- claims a right to legal or equitable contribu- Court or pursuant to an alternative dispute nection with prosecution or settlement of tion, indemnity or subrogation, arising out resolution system, against a health care pro- the claim, including all costs paid or ad- of a health care liability claim or action, and vider, a health care organization, or the vanced by any person. Costs of health care any person on whose behalf such a claim is manufacturer, distributor, supplier, mar- incurred by the plaintiff and the attorneys’ asserted or such an action is brought, wheth- keter, promoter, or seller of a medical prod- office overhead costs or charges for legal er deceased, incompetent, or a minor. uct, regardless of the theory of liability on services are not deductible disbursements or (3) COLLATERAL SOURCE BENEFITS.—The which the claim is based, or the number of costs for such purpose. term ‘‘collateral source benefits’’ means any plaintiffs, defendants, or other parties, or (18) STATE.—The term ‘‘State’’ means each amount paid or reasonably likely to be paid the number of causes of action, in which the of the several States, the District of Colum- in the future to or on behalf of the claimant, claimant alleges a health care liability bia, the Commonwealth of Puerto Rico, the or any service, product or other benefit pro- claim. Virgin Islands, Guam, American Samoa, the vided or reasonably likely to be provided in (9) HEALTH CARE LIABILITY CLAIM.—The Northern Mariana Islands, the Trust Terri- the future to or on behalf of the claimant, as term ‘‘health care liability claim’’ means a tory of the Pacific Islands, and any other a result of the injury or wrongful death, pur- demand by any person, whether or not pursu- territory or possession of the United States, suant to— ant to ADR, against a health care provider, or any political subdivision thereof. (A) any State or Federal health, sickness, health care organization, or the manufac- SEC. 10. EFFECT ON OTHER LAWS. income-disability, accident, or workers’ turer, distributor, supplier, marketer, pro- (a) VACCINE INJURY.— compensation law; moter, or seller of a medical product, includ- (1) To the extent that title XXI of the Pub- (B) any health, sickness, income-disability, ing, but not limited to, third-party claims, lic Health Service Act establishes a Federal or accident insurance that provides health cross-claims, counter-claims, or contribution rule of law applicable to a civil action benefits or income-disability coverage; claims, which are based upon the provision brought for a vaccine-related injury or (C) any contract or agreement of any of, use of, or payment for (or the failure to death— group, organization, partnership, or corpora- provide, use, or pay for) health care services (A) this Act does not affect the application tion to provide, pay for, or reimburse the or medical products, regardless of the theory of the rule of law to such an action; and cost of medical, hospital, dental, or income of liability on which the claim is based, or (B) any rule of law prescribed by this Act disability benefits; and the number of plaintiffs, defendants, or other in conflict with a rule of law of such title (D) any other publicly or privately funded parties, or the number of causes of action. XXI shall not apply to such action. program. (10) HEALTH CARE ORGANIZATION.—The term (2) If there is an aspect of a civil action (4) COMPENSATORY DAMAGES.—The term ‘‘health care organization’’ means any per- brought for a vaccine-related injury or death ‘‘compensatory damages’’ means objectively son or entity which is obligated to provide or to which a Federal rule of law under title verifiable monetary losses incurred as a re- pay for health benefits under any health XXI of the Public Health Service Act does sult of the provision of, use of, or payment plan, including any person or entity acting not apply, then this Act or otherwise appli- for (or failure to provide, use, or pay for) under a contract or arrangement with a cable law (as determined under this Act) will health care services or medical products, health care organization to provide or ad- apply to such aspect of such action. such as past and future medical expenses, minister any health benefit. (b) OTHER FEDERAL LAW.—Except as pro- loss of past and future earnings, cost of ob- (11) HEALTH CARE PROVIDER.—The term vided in this section, nothing in this Act taining domestic services, loss of employ- ‘‘health care provider’’ means any person or shall be deemed to affect any defense avail- ment, and loss of business or employment entity required by State or Federal laws or able to a defendant in a health care lawsuit opportunities, damages for physical and regulations to be licensed, registered, or cer- or action under any other provision of Fed- emotional pain, suffering, inconvenience, tified to provide health care services, and eral law. physical impairment, mental anguish, dis- being either so licensed, registered, or cer- SEC. 11. STATE FLEXIBILITY AND PROTECTION figurement, loss of enjoyment of life, loss of tified, or exempted from such requirement OF STATES’ RIGHTS. society and companionship, loss of consor- by other statute or regulation. (a) HEALTH CARE LAWSUITS.—The provi- tium (other than loss of domestic service), (12) HEALTH CARE GOODS OR SERVICES.—The sions governing health care lawsuits set hedonic damages, injury to reputation, and term ‘‘health care goods or services’’ means forth in this Act preempt, subject to sub- all other nonpecuniary losses of any kind or any goods or services provided by a health sections (b) and (c), State law to the extent nature. The term ‘‘compensatory damages’’ care organization, provider, or by any indi- that State law prevents the application of includes economic damages and non- vidual working under the supervision of a any provisions of law established by or under economic damages, as such terms are defined health care provider, that relates to the di- this Act. The provisions governing health in this section. agnosis, prevention, or treatment of any care lawsuits set forth in this Act supersede (5) CONTINGENT FEE.—The term ‘‘contin- human disease or impairment, or the assess- chapter 171 of title 28, United States Code, to gent fee’’ includes all compensation to any ment of the health of human beings. the extent that such chapter— person or persons which is payable only if a (13) MALICIOUS INTENT TO INJURE.—The (1) provides for a greater amount of dam- recovery is effected on behalf of one or more term ‘‘malicious intent to injure’’ means in- ages or contingent fees, a longer period in claimants. tentionally causing or attempting to cause which a health care lawsuit may be com- (6) ECONOMIC DAMAGES.—The term ‘‘eco- physical injury other than providing health menced, or a reduced applicability or scope nomic damages’’ means objectively care goods or services. of periodic payment of future damages, than verifiable monetary losses incurred as a re- (14) MEDICAL PRODUCT.—The term ‘‘medical provided in this Act; or sult of the provision of, use of, or payment product’’ means a drug or device intended for (2) prohibits the introduction of evidence for (or failure to provide, use, or pay for) humans, and the terms ‘‘drug’’ and ‘‘device’’ regarding collateral source benefits, or man- health care services or medical products, have the meanings given such terms in sec- dates or permits subrogation or a lien on col- such as past and future medical expenses, tions 201(g)(1) and 201(h) of the Federal Food, lateral source benefits. loss of past and future earnings, cost of ob- Drug and Cosmetic Act (21 U.S.C. 321), re- (b) PROTECTION OF STATES’ RIGHTS.—Any taining domestic services, loss of employ- spectively, including any component or raw issue that is not governed by any provision ment, and loss of business or employment material used therein, but excluding health of law established by or under this Act (in- opportunities. care services. cluding State standards of negligence) shall (7) HEALTH CARE LAWSUIT.—The term (15) NONECONOMIC DAMAGES.—The term be governed by otherwise applicable State or ‘‘health care lawsuit’’ means any health care ‘‘noneconomic damages’’ means damages for Federal law. This Act does not preempt or liability claim concerning the provision of physical and emotional pain, suffering, in- supersede any law that imposes greater pro- health care goods or services affecting inter- convenience, physical impairment, mental tections (such as a shorter statute of limita- state commerce, or any health care liability anguish, disfigurement, loss of enjoyment of tions) for health care providers and health action concerning the provision of health life, loss of society and companionship, loss care organizations from liability, loss, or care goods or services affecting interstate of consortium (other than loss of domestic damages than those provided by this Act. commerce, brought in a State or Federal service), hedonic damages, injury to reputa- (c) STATE FLEXIBILITY.—No provision of court or pursuant to an alternative dispute tion, and all other nonpecuniary losses of this Act shall be construed to preempt— resolution system, against a health care pro- any kind or nature. (1) any State law (whether effective before, vider, a health care organization, or the (16) PUNITIVE DAMAGES.—The term ‘‘puni- on, or after the date of the enactment of this manufacturer, distributor, supplier, mar- tive damages’’ means damages awarded, for Act) that specifies a particular monetary keter, promoter, or seller of a medical prod- the purpose of punishment or deterrence, and amount of compensatory or punitive dam- uct, regardless of the theory of liability on not solely for compensatory purposes, ages (or the total amount of damages) that which the claim is based, or the number of against a health care provider, health care may be awarded in a health care lawsuit, re- claimants, plaintiffs, defendants, or other organization, or a manufacturer, distributor, gardless of whether such monetary amount parties, or the number of claims or causes of or supplier of a medical product. Punitive is greater or lesser than is provided for under action, in which the claimant alleges a damages are neither economic nor non- this Act, notwithstanding section 4(a); or health care liability claim. economic damages. (2) any defense available to a party in a (8) HEALTH CARE LIABILITY ACTION.—The (17) RECOVERY.—The term ‘‘recovery’’ health care lawsuit under any other provi- term ‘‘health care liability action’’ means a means the net sum recovered after deducting sion of State or Federal law.

VerDate Dec 13 2002 00:02 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MR7.005 H13PT1 H1832 CONGRESSIONAL RECORD — HOUSE March 13, 2003 SEC. 12. APPLICABILITY; EFFECTIVE DATE. (2) reduce the incidence of ‘‘defensive medi- in direct proportion to such party’s percent- This Act shall apply to any health care cine’’ and lower the cost of health care li- age of responsibility. Whenever a judgment lawsuit brought in a Federal or State court, ability insurance, all of which contribute to of liability is rendered as to any party, a sep- or subject to an alternative dispute resolu- the escalation of health care costs; arate judgment shall be rendered against tion system, that is initiated on or after the (3) ensure that persons with meritorious each such party for the amount allocated to date of the enactment of this Act, except health care injury claims receive fair and such party. For purposes of this section, the that any health care lawsuit arising from an adequate compensation, including reason- trier of fact shall determine the proportion injury occurring prior to the date of the en- able noneconomic damages; of responsibility of each party for the claim- actment of this Act shall be governed by the (4) improve the fairness and cost-effective- ant’s harm. applicable statute of limitations provisions ness of our current health care liability sys- SEC. 5. MAXIMIZING PATIENT RECOVERY. in effect at the time the injury occurred. tem to resolve disputes over, and provide (a) COURT SUPERVISION OF SHARE OF DAM- SEC. 13. SENSE OF CONGRESS. compensation for, health care liability by re- AGES ACTUALLY PAID TO CLAIMANTS.—In any It is the sense of Congress that a health in- ducing uncertainty in the amount of com- health care lawsuit, the court shall supervise surer should be liable for damages for harm pensation provided to injured individuals; the arrangements for payment of damages to caused when it makes a decision as to what and protect against conflicts of interest that care is medically necessary and appropriate. (5) provide an increased sharing of informa- may have the effect of reducing the amount The SPEAKER pro tempore. In lieu tion in the health care system which will re- of damages awarded that are actually paid to of the amendments recommended by duce unintended injury and improve patient claimants. In particular, in any health care care. lawsuit in which the attorney for a party the Committee on the Judiciary and SEC. 3. ENCOURAGING SPEEDY RESOLUTION OF claims a financial stake in the outcome by the Committee on Energy and Com- CLAIMS. virtue of a contingent fee, the court shall merce printed in the bill, an amend- The time for the commencement of a have the power to restrict the payment of a ment in the nature of a substitute health care lawsuit shall be 3 years after the claimant’s damage recovery to such attor- printed in House Report 108–34 is adopt- date of manifestation of injury or 1 year ney, and to redirect such damages to the ed. after the claimant discovers, or through the claimant based upon the interests of justice The text of H.R. 5, as amended pursu- use of reasonable diligence should have dis- and principles of equity. In no event shall ant to House Resolution 139, is as fol- covered, the injury, whichever occurs first. the total of all contingent fees for rep- In no event shall the time for commence- lows: resenting all claimants in a health care law- ment of a health care lawsuit exceed 3 years suit exceed the following limits: H.R. 5 after the date of manifestation of injury un- (1) 40 percent of the first $50,000 recovered Be it enacted by the Senate and House of Rep- less tolled for any of the following: by the claimant(s). resentatives of the United States of America in (1) Upon proof of fraud; (2) 331⁄3 percent of the next $50,000 recov- Congress assembled, (2) Intentional concealment; or ered by the claimant(s). SECTION 1. SHORT TITLE. (3) The presence of a foreign body, which (3) 25 percent of the next $500,000 recovered This Act may be cited as the ‘‘Help Effi- has no therapeutic or diagnostic purpose or by the claimant(s). cient, Accessible, Low-cost, Timely effect, in the person of the injured person. (4) 15 percent of any amount by which the Healthcare (HEALTH) Act of 2003’’. Actions by a minor shall be commenced recovery by the claimant(s) is in excess of SEC. 2. FINDINGS AND PURPOSE. within 3 years from the date of the alleged $600,000. (a) FINDINGS.— manifestation of injury except that actions (b) APPLICABILITY.—The limitations in this (1) EFFECT ON HEALTH CARE ACCESS AND by a minor under the full age of 6 years shall section shall apply whether the recovery is COSTS.—Congress finds that our current civil be commenced within 3 years of manifesta- by judgment, settlement, mediation, arbitra- justice system is adversely affecting patient tion of injury or prior to the minor’s 8th tion, or any other form of alternative dis- access to health care services, better patient birthday, whichever provides a longer period. pute resolution. In a health care lawsuit in- care, and cost-efficient health care, in that Such time limitation shall be tolled for mi- volving a minor or incompetent person, a the health care liability system is a costly nors for any period during which a parent or court retains the authority to authorize or and ineffective mechanism for resolving guardian and a health care provider or approve a fee that is less than the maximum claims of health care liability and compen- health care organization have committed permitted under this section. The require- sating injured patients, and is a deterrent to fraud or collusion in the failure to bring an ment for court supervision in the first two the sharing of information among health action on behalf of the injured minor. sentences of subsection (a) applies only in care professionals which impedes efforts to SEC. 4. COMPENSATING PATIENT INJURY. civil actions. improve patient safety and quality of care. (a) UNLIMITED AMOUNT OF DAMAGES FOR AC- SEC. 6. ADDITIONAL HEALTH BENEFITS. (2) EFFECT ON INTERSTATE COMMERCE.—Con- TUAL ECONOMIC LOSSES IN HEALTH CARE LAW- In any health care lawsuit involving injury gress finds that the health care and insur- SUITS.—In any health care lawsuit, nothing or wrongful death, any party may introduce ance industries are industries affecting in this Act shall limit a claimant’s recovery evidence of collateral source benefits. If a interstate commerce and the health care li- of the full amount of the available economic party elects to introduce such evidence, any ability litigation systems existing through- damages, notwithstanding the limitation in opposing party may introduce evidence of out the United States are activities that af- subsection (b). any amount paid or contributed or reason- fect interstate commerce by contributing to (b) ADDITIONAL NONECONOMIC DAMAGES.—In ably likely to be paid or contributed in the the high costs of health care and premiums any health care lawsuit, the amount of non- future by or on behalf of the opposing party for health care liability insurance purchased economic damages, if available, may be as to secure the right to such collateral source by health care system providers. much as $250,000, regardless of the number of benefits. No provider of collateral source (3) EFFECT ON FEDERAL SPENDING.—Con- parties against whom the action is brought benefits shall recover any amount against gress finds that the health care liability liti- or the number of separate claims or actions the claimant or receive any lien or credit gation systems existing throughout the brought with respect to the same injury. against the claimant’s recovery or be equi- United States have a significant effect on (c) NO DISCOUNT OF AWARD FOR NON- tably or legally subrogated to the right of the amount, distribution, and use of Federal ECONOMIC DAMAGES.—For purposes of apply- the claimant in a health care lawsuit involv- funds because of— ing the limitation in subsection (b), future ing injury or wrongful death. This section (A) the large number of individuals who re- noneconomic damages shall not be dis- shall apply to any health care lawsuit that is ceive health care benefits under programs counted to present value. The jury shall not settled as well as a health care lawsuit that operated or financed by the Federal Govern- be informed about the maximum award for is resolved by a fact finder. This section ment; noneconomic damages. An award for non- shall not apply to section 1862(b) (42 U.S.C. (B) the large number of individuals who economic damages in excess of $250,000 shall 1395y(b)) or section 1902(a)(25) (42 U.S.C. benefit because of the exclusion from Fed- be reduced either before the entry of judg- 1396a(a)(25)) of the Social Security Act. eral taxes of the amounts spent to provide ment, or by amendment of the judgment SEC. 7. PUNITIVE DAMAGES. them with health insurance benefits; and after entry of judgment, and such reduction (a) IN GENERAL.—Punitive damages may, if (C) the large number of health care pro- shall be made before accounting for any otherwise permitted by applicable State or viders who provide items or services for other reduction in damages required by law. Federal law, be awarded against any person which the Federal Government makes pay- If separate awards are rendered for past and in a health care lawsuit only if it is proven ments. future noneconomic damages and the com- by clear and convincing evidence that such (b) PURPOSE.—It is the purpose of this Act bined awards exceed $250,000, the future non- person acted with malicious intent to injure to implement reasonable, comprehensive, economic damages shall be reduced first. the claimant, or that such person delib- and effective health care liability reforms (d) FAIR SHARE RULE.—In any health care erately failed to avoid unnecessary injury designed to— lawsuit, each party shall be liable for that that such person knew the claimant was sub- (1) improve the availability of health care party’s several share of any damages only stantially certain to suffer. In any health services in cases in which health care liabil- and not for the share of any other person. care lawsuit where no judgment for compen- ity actions have been shown to be a factor in Each party shall be liable only for the satory damages is rendered against such per- the decreased availability of services; amount of damages allocated to such party son, no punitive damages may be awarded

VerDate Dec 13 2002 01:10 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MR7.005 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1833 with respect to the claim in such lawsuit. No obligation of the Food and Drug Administra- tion, indemnity or subrogation, arising out demand for punitive damages shall be in- tion to demonstrate affirmatively that a of a health care liability claim or action, and cluded in a health care lawsuit as initially manufacturer, distributor, or supplier re- any person on whose behalf such a claim is filed. A court may allow a claimant to file an ferred to in such subparagraph meets any of asserted or such an action is brought, wheth- amended pleading for punitive damages only the conditions described in such subpara- er deceased, incompetent, or a minor. upon a motion by the claimant and after a graph. (3) COLLATERAL SOURCE BENEFITS.—The finding by the court, upon review of sup- (2) LIABILITY OF HEALTH CARE PROVIDERS.— term ‘‘collateral source benefits’’ means any porting and opposing affidavits or after a A health care provider who prescribes, or amount paid or reasonably likely to be paid hearing, after weighing the evidence, that who dispenses pursuant to a prescription, a in the future to or on behalf of the claimant, the claimant has established by a substan- medical product approved, licensed, or or any service, product or other benefit pro- tial probability that the claimant will pre- cleared by the Food and Drug Administra- vided or reasonably likely to be provided in vail on the claim for punitive damages. At tion shall not be named as a party to a prod- the future to or on behalf of the claimant, as the request of any party in a health care uct liability lawsuit involving such product a result of the injury or wrongful death, pur- lawsuit, the trier of fact shall consider in a and shall not be liable to a claimant in a suant to— separate proceeding— class action lawsuit against the manufac- (A) any State or Federal health, sickness, (1) whether punitive damages are to be turer, distributor, or seller of such product. income-disability, accident, or workers’ awarded and the amount of such award; and Nothing in this paragraph prevents a court compensation law; (2) the amount of punitive damages fol- from consolidating cases involving health (B) any health, sickness, income-disability, lowing a determination of punitive liability. care providers and cases involving products or accident insurance that provides health benefits or income-disability coverage; If a separate proceeding is requested, evi- liability claims against the manufacturer, (C) any contract or agreement of any dence relevant only to the claim for punitive distributor, or product seller of such medical group, organization, partnership, or corpora- damages, as determined by applicable State product. tion to provide, pay for, or reimburse the law, shall be inadmissible in any proceeding (3) PACKAGING.—In a health care lawsuit cost of medical, hospital, dental, or income to determine whether compensatory dam- for harm which is alleged to relate to the disability benefits; and ages are to be awarded. adequacy of the packaging or labeling of a drug which is required to have tamper-resist- (D) any other publicly or privately funded (b) DETERMINING AMOUNT OF PUNITIVE DAM- program. AGES.— ant packaging under regulations of the Sec- (4) COMPENSATORY DAMAGES.—The term (1) FACTORS CONSIDERED.—In determining retary of Health and Human Services (in- cluding labeling regulations related to such ‘‘compensatory damages’’ means objectively the amount of punitive damages, if awarded, verifiable monetary losses incurred as a re- in a health care lawsuit, the trier of fact packaging), the manufacturer or product seller of the drug shall not be held liable for sult of the provision of, use of, or payment shall consider only the following: for (or failure to provide, use, or pay for) (A) the severity of the harm caused by the punitive damages unless such packaging or labeling is found by the trier of fact by clear health care services or medical products, conduct of such party; such as past and future medical expenses, (B) the duration of the conduct or any con- and convincing evidence to be substantially out of compliance with such regulations. loss of past and future earnings, cost of ob- cealment of it by such party; taining domestic services, loss of employ- (4) EXCEPTION.—Paragraph (1) shall not (C) the profitability of the conduct to such ment, and loss of business or employment apply in any health care lawsuit in which— party; opportunities, damages for physical and (A) a person, before or after premarket ap- (D) the number of products sold or medical emotional pain, suffering, inconvenience, proval, clearance, or licensure of such med- procedures rendered for compensation, as the physical impairment, mental anguish, dis- ical product, knowingly misrepresented to or case may be, by such party, of the kind caus- figurement, loss of enjoyment of life, loss of withheld from the Food and Drug Adminis- ing the harm complained of by the claimant; society and companionship, loss of consor- tration information that is required to be (E) any criminal penalties imposed on such tium (other than loss of domestic service), submitted under the Federal Food, Drug, and party, as a result of the conduct complained hedonic damages, injury to reputation, and Cosmetic Act (21 U.S.C. 301 et seq.) or section of by the claimant; and all other nonpecuniary losses of any kind or 351 of the Public Health Service Act (42 (F) the amount of any civil fines assessed nature. The term ‘‘compensatory damages’’ against such party as a result of the conduct U.S.C. 262) that is material and is causally includes economic damages and non- complained of by the claimant. related to the harm which the claimant al- economic damages, as such terms are defined (2) MAXIMUM AWARD.—The amount of puni- legedly suffered; or in this section. (B) a person made an illegal payment to an tive damages, if awarded, in a health care (5) CONTINGENT FEE.—The term ‘‘contin- lawsuit may be as much as $250,000 or as official of the Food and Drug Administration gent fee’’ includes all compensation to any much as two times the amount of economic for the purpose of either securing or main- person or persons which is payable only if a damages awarded, whichever is greater. The taining approval, clearance, or licensure of recovery is effected on behalf of one or more jury shall not be informed of this limitation. such medical product. claimants. (c) NO PUNITIVE DAMAGES FOR PRODUCTS SEC. 8. AUTHORIZATION OF PAYMENT OF FU- (6) ECONOMIC DAMAGES.—The term ‘‘eco- THAT COMPLY WITH FDA STANDARDS.— TURE DAMAGES TO CLAIMANTS IN nomic damages’’ means objectively (1) IN GENERAL.— HEALTH CARE LAWSUITS. verifiable monetary losses incurred as a re- (A) No punitive damages may be awarded (a) IN GENERAL.—In any health care law- sult of the provision of, use of, or payment against the manufacturer or distributor of a suit, if an award of future damages, without for (or failure to provide, use, or pay for) medical product, or a supplier of any compo- reduction to present value, equaling or ex- health care services or medical products, nent or raw material of such medical prod- ceeding $50,000 is made against a party with such as past and future medical expenses, uct, based on a claim that such product sufficient insurance or other assets to fund a loss of past and future earnings, cost of ob- caused the claimant’s harm where— periodic payment of such a judgment, the taining domestic services, loss of employ- (i)(I) such medical product was subject to court shall, at the request of any party, ment, and loss of business or employment premarket approval, clearance, or licensure enter a judgment ordering that the future opportunities. by the Food and Drug Administration with damages be paid by periodic payments. In (7) HEALTH CARE LAWSUIT.—The term respect to the safety of the formulation or any health care lawsuit, the court may be ‘‘health care lawsuit’’ means any health care performance of the aspect of such medical guided by the Uniform Periodic Payment of liability claim concerning the provision of product which caused the claimant’s harm or Judgments Act promulgated by the National health care goods or services or any medical the adequacy of the packaging or labeling of Conference of Commissioners on Uniform product affecting interstate commerce, or such medical product; and State Laws. any health care liability action concerning (II) such medical product was so approved, (b) APPLICABILITY.—This section applies to the provision of health care goods or services cleared, or licensed; or all actions which have not been first set for or any medical product affecting interstate (ii) such medical product is generally rec- trial or retrial before the effective date of commerce, brought in a State or Federal ognized among qualified experts as safe and this Act. court or pursuant to an alternative dispute effective pursuant to conditions established SEC. 9. DEFINITIONS. resolution system, against a health care pro- by the Food and Drug Administration and In this Act: vider, a health care organization, or the applicable Food and Drug Administration (1) ALTERNATIVE DISPUTE RESOLUTION SYS- manufacturer, distributor, supplier, mar- regulations, including without limitation TEM; ADR.—The term ‘‘alternative dispute keter, promoter, or seller of a medical prod- those related to packaging and labeling, un- resolution system’’ or ‘‘ADR’’ means a sys- uct, regardless of the theory of liability on less the Food and Drug Administration has tem that provides for the resolution of which the claim is based, or the number of determined that such medical product was health care lawsuits in a manner other than claimants, plaintiffs, defendants, or other not manufactured or distributed in substan- through a civil action brought in a State or parties, or the number of claims or causes of tial compliance with applicable Food and Federal court. action, in which the claimant alleges a Drug Administration statutes and regula- (2) CLAIMANT.—The term ‘‘claimant’’ health care liability claim. Such term does tions. means any person who brings a health care not include a claim or action which is based (B) RULE OF CONSTRUCTION.—Subparagraph lawsuit, including a person who asserts or on criminal liability; which seeks civil fines (A) may not be construed as establishing the claims a right to legal or equitable contribu- or penalties paid to Federal, State, or local

VerDate Dec 13 2002 01:10 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MR7.011 H13PT1 H1834 CONGRESSIONAL RECORD — HOUSE March 13, 2003 government; or which is grounded in anti- organization, or a manufacturer, distributor, amount of compensatory or punitive dam- trust. or supplier of a medical product. Punitive ages (or the total amount of damages) that (8) HEALTH CARE LIABILITY ACTION.—The damages are neither economic nor non- may be awarded in a health care lawsuit, re- term ‘‘health care liability action’’ means a economic damages. gardless of whether such monetary amount civil action brought in a State or Federal (17) RECOVERY.—The term ‘‘recovery’’ is greater or lesser than is provided for under Court or pursuant to an alternative dispute means the net sum recovered after deducting this Act, notwithstanding section 4(a); or resolution system, against a health care pro- any disbursements or costs incurred in con- (2) any defense available to a party in a vider, a health care organization, or the nection with prosecution or settlement of health care lawsuit under any other provi- manufacturer, distributor, supplier, mar- the claim, including all costs paid or ad- sion of State or Federal law. keter, promoter, or seller of a medical prod- vanced by any person. Costs of health care SEC. 12. APPLICABILITY; EFFECTIVE DATE. uct, regardless of the theory of liability on incurred by the plaintiff and the attorneys’ This Act shall apply to any health care which the claim is based, or the number of office overhead costs or charges for legal lawsuit brought in a Federal or State court, plaintiffs, defendants, or other parties, or services are not deductible disbursements or or subject to an alternative dispute resolu- the number of causes of action, in which the costs for such purpose. tion system, that is initiated on or after the claimant alleges a health care liability (18) STATE.—The term ‘‘State’’ means each date of the enactment of this Act, except claim. of the several States, the District of Colum- that any health care lawsuit arising from an (9) HEALTH CARE LIABILITY CLAIM.—The bia, the Commonwealth of Puerto Rico, the injury occurring prior to the date of the en- term ‘‘health care liability claim’’ means a Virgin Islands, Guam, American Samoa, the actment of this Act shall be governed by the demand by any person, whether or not pursu- Northern Mariana Islands, the Trust Terri- applicable statute of limitations provisions ant to ADR, against a health care provider, tory of the Pacific Islands, and any other in effect at the time the injury occurred. health care organization, or the manufac- territory or possession of the United States, SEC. 13. SENSE OF CONGRESS. turer, distributor, supplier, marketer, pro- or any political subdivision thereof. moter, or seller of a medical product, includ- It is the sense of Congress that a health in- SEC. 10. EFFECT ON OTHER LAWS. ing, but not limited to, third-party claims, surer should be liable for damages for harm (a) VACCINE INJURY.— cross-claims, counter-claims, or contribution caused when it makes a decision as to what (1) To the extent that title XXI of the Pub- claims, which are based upon the provision care is medically necessary and appropriate. lic Health Service Act establishes a Federal of, use of, or payment for (or the failure to The SPEAKER pro tempore. The gen- rule of law applicable to a civil action provide, use, or pay for) health care services brought for a vaccine-related injury or tleman from Wisconsin (Mr. SENSEN- or medical products, regardless of the theory death— BRENNER) and the gentleman from of liability on which the claim is based, or (A) this Act does not affect the application Michigan (Mr. CONYERS) each will con- the number of plaintiffs, defendants, or other trol 40 minutes and the gentleman parties, or the number of causes of action. of the rule of law to such an action; and (B) any rule of law prescribed by this Act (10) HEALTH CARE ORGANIZATION.—The term from Louisiana (Mr. TAUZIN) and the ‘‘health care organization’’ means any per- in conflict with a rule of law of such title gentleman from Michigan (Mr. DIN- son or entity which is obligated to provide or XXI shall not apply to such action. GELL) each will control 20 minutes. pay for health benefits under any health (2) If there is an aspect of a civil action The Chair recognizes the gentleman brought for a vaccine-related injury or death plan, including any person or entity acting from Wisconsin (Mr. SENSENBRENNER). to which a Federal rule of law under title under a contract or arrangement with a GENERAL LEAVE health care organization to provide or ad- XXI of the Public Health Service Act does minister any health benefit. not apply, then this Act or otherwise appli- Mr. SENSENBRENNER. Mr. Speak- (11) HEALTH CARE PROVIDER.—The term cable law (as determined under this Act) will er, I ask unanimous consent that all ‘‘health care provider’’ means any person or apply to such aspect of such action. Members may have 5 legislative days entity required by State or Federal laws or (b) OTHER FEDERAL LAW.—Except as pro- within which to revise and extend their regulations to be licensed, registered, or cer- vided in this section, nothing in this Act remarks and include extraneous mate- tified to provide health care services, and shall be deemed to affect any defense avail- rial on H.R. 5, the bill under consider- being either so licensed, registered, or cer- able to a defendant in a health care lawsuit or action under any other provision of Fed- ation. tified, or exempted from such requirement The SPEAKER pro tempore. Is there by other statute or regulation. eral law. (12) HEALTH CARE GOODS OR SERVICES.—The SEC. 11. STATE FLEXIBILITY AND PROTECTION objection to the request of the gen- term ‘‘health care goods or services’’ means OF STATES’ RIGHTS. tleman from Wisconsin? any goods or services provided by a health (a) HEALTH CARE LAWSUITS.—The provi- There was no objection. care organization, provider, or by any indi- sions governing health care lawsuits set Mr. SENSENBRENNER. Mr. Speak- vidual working under the supervision of a forth in this Act preempt, subject to sub- er, I yield myself such time as I may health care provider, that relates to the di- sections (b) and (c), State law to the extent consume. agnosis, prevention, or treatment of any that State law prevents the application of Mr. Speaker, our Nation is facing a human disease or impairment, or the assess- any provisions of law established by or under health care crisis driven by uncon- ment or care of the health of human beings. this Act. The provisions governing health (13) MALICIOUS INTENT TO INJURE.—The care lawsuits set forth in this Act supersede trolled litigation. Medical professional term ‘‘malicious intent to injure’’ means in- chapter 171 of title 28, United States Code, to liability insurance rates have soared, tentionally causing or attempting to cause the extent that such chapter— causing major insurers to either drop physical injury other than providing health (1) provides for a greater amount of dam- coverage or to raise premiums to care goods or services. ages or contingent fees, a longer period in unaffordable levels. Doctors are being (14) MEDICAL PRODUCT.—The term ‘‘medical which a health care lawsuit may be com- forced to abandon patients and prac- product’’ means a drug, device, or biological menced, or a reduced applicability or scope tices or to retire early, particularly in product intended for humans, and the terms of periodic payment of future damages, than high-risk specialties such as emer- ‘‘drug’’, ‘‘device’’, and ‘‘biological product’’ provided in this Act; or have the meanings given such terms in sec- (2) prohibits the introduction of evidence gency medicine, brain surgery and ob- tions 201(g)(1) and 201(h) of the Federal Food, regarding collateral source benefits, or man- stetrics and gynecology. Women are Drug and Cosmetic Act (21 U.S.C. 321) and dates or permits subrogation or a lien on col- being particularly hard hit, as are low section 351(a) of the Public Health Service lateral source benefits. income and rural neighborhoods. Act (42 U.S.C. 262(a)), respectively, including (b) PROTECTION OF STATES’ RIGHTS AND H.R. 5, the HEALTH Act, is modeled any component or raw material used therein, OTHER LAWS.—(1) Any issue that is not gov- after California’s highly successful but excluding health care services. erned by any provision of law established by health care litigation reforms enacted (15) NONECONOMIC DAMAGES.—The term or under this Act (including State standards in 1975 and known under the acronym ‘‘noneconomic damages’’ means damages for of negligence) shall be governed by otherwise physical and emotional pain, suffering, in- applicable State or Federal law. MICRA. California’s reforms, which are convenience, physical impairment, mental (2) This Act shall not preempt or supersede included in the HEALTH Act, include a anguish, disfigurement, loss of enjoyment of any State or Federal law that imposes great- $250,000 cap on noneconomic damages, life, loss of society and companionship, loss er procedural or substantive protections for limits on the contingency fees lawyers of consortium (other than loss of domestic health care providers and health care organi- can charge, and authorization for de- service), hedonic damages, injury to reputa- zations from liability, loss, or damages than fendants to introduce evidence to pre- tion, and all other nonpecuniary losses of those provided by this Act or create a cause vent double recoveries. The HEALTH any kind or nature. of action. Act also includes provisions creating a (16) PUNITIVE DAMAGES.—The term ‘‘puni- (c) STATE FLEXIBILITY.—No provision of tive damages’’ means damages awarded, for this Act shall be construed to preempt— fair share rule by which damages are the purpose of punishment or deterrence, and (1) any State law (whether effective before, allocated fairly in direct proportion to not solely for compensatory purposes, on, or after the date of the enactment of this fault, reasonable guidelines on the against a health care provider, health care Act) that specifies a particular monetary award of punitive damages, and a safe

VerDate Dec 13 2002 01:10 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MR7.011 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1835 harbor for punitive damages for prod- sonable limits were placed on non- health care litigation management and ucts that meet applicable FDA safety economic damages to reduce defensive pass the HEALTH Act. requirements. medicine, it would reduce the amount Mr. Speaker, I reserve the balance of It is important to note that nothing of taxpayers’ money the Federal Gov- my time. in the HEALTH Act limits in any way ernment spends by $25.3–44.3 billion per Mr. CONYERS. Mr. Speaker, I am the award of economic damages from year.’’ pleased to start the debate off on our anyone responsible for harm. Economic Furthermore, despite accusations side by yielding 3 minutes to the gen- damages include anything to which a from the other side of the aisle, this is tleman from North Carolina (Mr. value can be attached, including lost not a crisis caused by insurance compa- WATT), the ranking member of the Sub- wages, lost services provided, medical nies. The President of the National As- committee on Commercial and Admin- costs, the cost of pain-reducing drugs, sociation of Insurance Commissioners istrative Law, where this bill would and lifetime rehabilitation care, and wrote last month that ‘‘To date, insur- have gone had there been sub- anything else to which a receipt can be ance regulators have not seen evidence committee hearings. attached. Because of this, the reforms that suggests medical malpractice in- Mr. WATT. Mr. Speaker, I thank the in the HEALTH Act still allow for very surers have engaged or are engaging in gentleman for yielding me this time. large, multi-million dollar awards to price fixing, bid rigging, or market al- Let me say first of all that I do not deserving victims, including home- location. The preliminary evidence argue with the right of California to do makers and children, as the experience points to rising loss costs and defense tort reform or North Carolina or New in California has shown. costs associated with litigation as the York or any of the States. There are Still, the California reforms have principal drivers of medical mal- crises in some States, situations vary been successful. Information provided practice prices.’’ from State to State, and State legisla- by the National Association of Insur- We all recognize that injured victims tors have the prerogative to set what- ance Commissioners shows that since should be adequately compensated for ever tort laws they think are desirable. 1975, premiums paid in California in- their injuries, but too often in this de- But I think it is the ultimate act of ar- creased by 167 percent while premiums bate we lose sight of the larger health rogance on our part as Members of paid in the rest of the country in- care picture. This country is blessed Congress to think that we should dic- creased by 505 percent. As Cruz with the finest health care technology tate to the States in an area that has Reynoso, the Democratic Vice Chair- in the world. We are blessed with the historically and forever been the pre- man of the U.S. Civil Rights Commis- finest doctors in the world. People are rogative of the State and in a way that sion wrote recently in the Los Angeles smuggled into this country for a I think substantially adversely impacts Times, ‘‘What is obvious about MICRA chance at life and healing, the best our whole Federal form of government, is that it works and it works well. Our chance they have in the world. and in a way that runs contrary to just California doctors and hospitals pay The Department of Health and about everything my Republican col- significantly less for liability protec- Human Services issued a report re- leagues say they stand for, which is de- tion today than their counterparts in cently that included the following volving things back to the States. States without MICRA-type reforms.’’ amazing statistics. During the last half I talked to a doctor this morning and The Congressional Budget Office has century, death rates of children and I said to him, I have never seen a mal- concluded that ‘‘under the HEALTH adults up to age 24 were cut in half and practice take place across State lines. Act, premiums for medical malpractice infant mortality rates have plummeted To the extent that you operate on a pa- insurance ultimately would be an aver- 75 percent. tient from North Carolina, you being a age of 25 percent to 30 percent below doctor in North Carolina and the pa- b 1215 what they would be under current tient is from South Carolina, that cre- law.’’ If California’s legal reforms were Mortality among adults between the ates diversity of citizenship and gets implemented nationwide, we could ages of 25 and 64 fell nearly as much you into the Federal court. I offered an spend billions of dollars more annually and dropped among those 65 years and amendment in the Committee on the on patient care. Reform at the Federal older by a third. In 2000, Americans en- Judiciary designed to restrict this leg- level is necessary because the current joyed the longest life expectancy in islation to suits that are brought prop- crisis is national in scope. American history, almost 77 years. erly in the Federal court. I think we According to a report by the Depart- These amazing statistics just did not have the prerogative as the Congress to ment of Health and Human Services, happen. They happened because Amer- define what the Federal tort standards ‘‘The cost of these awards for non- ica produces the best health care tech- should be. But when we start dictating economic damages is paid by all other nology and the best doctors to use it. to the States that you have got to fol- Americans through higher health care But now there are fewer and fewer doc- low this one-size-fits-all bill, I think costs, higher health insurance pre- tors to use that miraculous technology we have just kind of lost sight of the miums, higher taxes, reduced access to or to use that technology where their whole thing. quality care, and threats to quality of patients are. We have the best brain- This should not be about getting the care. The system permits a few plain- scanning and brain-operation devices result that we want in any particular tiffs and their lawyers to impose what in history and fewer and fewer neuro- lawsuit that is pending. It should be is in effect a tax on the rest of the surgeons to use them. Unlimited law- about setting a framework, a public country to reward a very small number suits are driving doctors out of the policy framework that honors the pa- of patients.’’ Congress must act to let healing profession. They are reversing rameters that our Founding Fathers doctors treat patients wherever they the clock; and they are making us all set up. For the life of me, I cannot fig- are and to reduce health care costs for less safe, all in the name of unlimited ure out what the Federal nexus is for all Americans. lawsuits and personal injury lawyers’ having a bill this broad. We can argue H.R. 5 will also save the Federal tax- lust for their cut of unlimited awards that there is a crisis; I do not think payers billions of dollars. Former for unquantifiable damages. But when that is really the issue. The issue is Democratic Senator George McGovern someone gets sick or is bringing a child how should we respond to the crisis and has written in the Wall Street Journal, into the world and we cannot call a what should be our role at the Federal ‘‘Legal fear drives doctors to prescribe doctor, who will we call, a lawyer? level in this context. medicines and order tests, even As a Nation today, we have to Mr. SENSENBRENNER. Mr. Speak- invasive procedures, that they feel are choose. Do we want the abstract abil- er, I yield 3 minutes to the gentleman unnecessary. Reputable studies esti- ity to sue a doctor for unlimited, from Texas (Mr. SMITH). mate that this ‘defensive medicine’ unquantifiable damages when doing so Mr. SMITH of Texas. Mr. Speaker, I squanders $50 billion a year, enough to means that there will be no doctors to thank the chairman of the Committee provide medical care to millions of un- treat ourselves and our loved ones in on the Judiciary for yielding me this insured Americans.’’ the first place? On behalf of all 287 mil- time. According to the Department of lion Americans, all of us who are pa- Today, America faces a national in- Health and Human Services, ‘‘If rea- tients, let us say yes to reasonable surance crisis that is destroying our

VerDate Dec 13 2002 01:10 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.034 H13PT1 H1836 CONGRESSIONAL RECORD — HOUSE March 13, 2003 health care system. Medical liability ported back. St. Paul, then the largest Excessive lawsuits have gotten so out insurance rates have soared, causing malpractice insurer, reported back; and of control that many doctors are clos- insurers either to drop their coverage in the words of St. Paul they said, ing their practices, leaving many pa- or raise premiums to unaffordable lev- quote, ‘‘The new limits will produce tients with long waits to see physicians els. Doctors and other health care pro- little or no savings to the tort system who are farther and farther away from viders have been forced to abandon pa- as it pertains to medical malpractice.’’ them. Just this past Monday, I met tients and practices, particularly in So feel free to keep talking about the with a dozen physicians in my district. high-risk specialties such as emer- examples that we have, but I think Of the dozen, nearly all of them raised gency medicine, brain surgery, and ob- that you will find that when push their hands when I asked them if they stetrics and gynecology. This is an in- comes to shove, the precedent is that have children. Of those, all but a few tolerable problem that cries out for a these caps do not lower premiums. said that they would advise their chil- solution. They do not lower premiums. dren not even to consider studying The American people understand the We are also going to hear a great deal medicine; and one doctor said his wife problem. A poll conducted in early of assertion today about out-of-control forbade their kids to even entertain February shows that 59 percent of all juries, out-of-control awards, judges such notions, all because of the unrea- Americans believe the crisis should be who are completely out of their mind sonable burden of out-of-hand insur- solved either by reining in personal in- when they make decisions. Frankly, ance costs and the consistent fear of Duke Law School studied this notion jury lawyers or by placing caps on the lawsuits. not so long ago, as a matter of fact, in amounts juries can award. The obvious The Pennsylvania Medical Associa- December of 2002. Here is what they cause of skyrocketing medical profes- tion reports that 80 percent of physi- said, and this is a quote: ‘‘The asser- sional liability premiums is escalating cians have difficulties in recruiting tion that jurors decide cases out of jury verdicts. The median medical mal- new doctors and 89 percent of doctors sympathy for injuries to plaintiffs practice jury award doubled between practice defensive medicine, which in- 1995 and 2000, from a half a million to rather than the legal merits of the case have been made about malpractice ju- creases health costs and drives doctors $1 million. That does not reflect the ries since at least the 19th century, yet away from the highly specialized fields. huge costs of cases that do not result no research shows support for these This bill sets time-tested limits on li- in jury awards. In fact, 70 percent of all claims.’’ ability so that we can end this crisis. medical malpractice claims result in But this is part of what I think is an The proposal provides commonsense re- no payments because claims are either underlying theme on the other side. forms. It limits the number of years to dismissed or withdrawn. American citizens cannot be trusted on file a health care liability action so The CEO of Methodist Children’s juries to decide for themselves. They claims are brought while evidence and Hospital in my hometown of San Anto- are not smart enough. Apparently my witnesses are available. It allocates nio has seen his premiums increase colleagues believe that juries that are damage in proportion to a party’s de- from less than $20,000 to $85,000 in less made up of nine or 12 American citi- gree of fault. It allows patients to re- than 10 years. He has been sued three zens from your districts cannot be cover full economic damages, such as times. In one case, his only interaction trusted to make these decisions. They future medical expenses and loss of fu- with the person suing was that he simply are not trustworthy. But who ture earnings while establishing a cap stopped by her child’s hospital room are they? They are the same people on noneconomic damages of $250,000. It and asked how the child was doing. that voted for you. Why is it you trust places reasonable limits on punitive Each jury cleared him of any wrong- them to make a decision about who damages as well. doing, and the total amount of time all their Congressman would be and you The criteria in this bill assure pa- three juries spent deliberating was less will not trust them to make a decision tients who are injured by a doctor that than 1 hour. Of course, the doctor’s in- about whether or not some medical they will recover. But it also ensures surance company did spend a great deal malpractice case occurred and someone that more of the money goes to the in- of time, effort and money in his de- should be held accountable for that? jured patient, not the attorney. Essen- fense. But there is another current here tially, the lawyer is limited to 40 per- Mr. Speaker, Congress can solve the that I think is even more pernicious. cent of the first $50,000 of the award, current health care crisis, but it can Here we are. We sit in the Committee one-third of the second $50,000 and 15 solve it only by passing the HEALTH on the Judiciary. Let us take a look at percent of amounts over $600,000. The Act. what we have been doing recently. bill will protect victims of real mal- Mr. CONYERS. Mr. Speaker, I am de- First, we are coming out after victims practice, but it will also help reduce lighted to yield 3 minutes to the gen- of this. This law only applies to you if lawsuits. tleman from New York (Mr. WEINER), a you have been a victim of medical mal- Our Nation has the best health care distinguished member of the com- practice. You are a victim, but still we system in the world, but it is in peril. mittee. in the House want to take away your H.R. 5 will put us back on track. Mr. WEINER. Mr. Speaker, first of rights. Next we are going to take up all, as the debate begins, let us put Mr. CONYERS. Mr. Speaker, I yield bankruptcy reform. If you are really myself 30 seconds for the benefit of my some myths to rest. We are going to poor or you have fallen on hard times, hear a great deal of references to the distinguished colleague, the gentle- we are coming after you next. But do woman from Pennsylvania, on the California law that put in a cap. Since not get too comfortable, because soon I 1998, premiums have gone up 37 percent Committee on the Judiciary. She does hear that if you are an asbestos victim, not know, as she leaves the floor, that in California. Nationally they have we are going to come after your rights, gone up about 6 percent. So you keep a census conducted by the Pennsyl- too. This is who the Republican Party vania Medical Professional Liability talking about how great that has is standing up for in this House. worked, but frankly it has not. In Flor- Catastrophe Loss Fund found that be- Mr. SENSENBRENNER. Mr. Speak- tween 1990 and 2000, the number of doc- ida where they also have a cap, and er, I yield 2 minutes to the gentle- there are plenty of places around the tors in Pennsylvania increased by 13.5 woman from Pennsylvania (Ms. HART). percent, while the population increased country that do, they have a $450,000 Ms. HART. Mr. Speaker, I rise in sup- by only 3.4 percent. cap that was put in the last time that port of H.R. 5, the HEALTH Act. The suddenly we had an insurance crisis in practice of medicine in the United Mr. Speaker, I include the following this country in 1985, 1986. What hap- States is in real crisis. According to citation for the RECORD: pened then? Oh, yeah, insurance com- the American Medical Association, In Pennsylvania a census conducted by the panies lost a lot of money in the stock Pennsylvania’s OB–GYN medical mal- Pennsylvania Medical Professional Liability market then, too, so that was the last Catastrophe Loss Fund found that between practice insurance rates increased from 1990 and 2000, the number of doctors in- crisis that we had. At the time Florida, $25,000 to $64,000 over the last few creased by 13.5 percent, while the population they were smart, they asked insurance years. That is an increase of over 125 increased by only 3.4 percent. Not only is companies to report back to them the percent. That is, if the doctor can get Pennsylvania not losing doctors, it had more effect of the law. Aetna Casualty re- insurance. doctors in 2001 than it did in the preceding

VerDate Dec 13 2002 01:10 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.036 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1837 five to ten years. Furthermore, the Philadel- My identical twin granddaughters Mr. GINGREY. If the gentleman will phia Inquirer notes that in 2000, ‘‘Pennsyl- were born 5 years ago at 26 weeks. They allow me to respond? vania ranked ninth-highest nationally for each weighed 1 pound 12 ounces. Thank Mr. CONYERS. If the gentleman will physician concentration, a top-10 position it God we were in a community where we just answer yes or no. has held since 1992. There were 318 doctors Mr. GINGREY. The answer is no, it for every 100,000 residents in 2000, according had access to care. There was an OB/ to the American Medical Association. GYN physician willing to take care of takes away no one’s economic rights. my daughter in that high risk situa- What in H.R. 5 is the gentleman b 1230 tion. There was a skilled neonatologist. pointing out to me or suggesting that Mr. Speaker, I yield 2 minutes to the We did have a hospital that still had an takes away a person’s right to eco- gentleman from Florida (Mr. WEXLER), intensive care nursery. nomic recovery? a distinguished member on the Com- Had we not been in that situation, Mr. CONYERS. Mr. Speaker, if may I mittee on the Judiciary. had we been in a more rural part of my kindly and politely reclaim my time, Mr. WEXLER. Mr. Speaker, I rise in State or in some of the other States and I would ask the gentleman to seek opposition to H.R. 5. I do so because that are in a crisis mode, like the testi- his own time from this point on. the proponents of this bill would have mony that we heard from the mother Mr. Speaker, I yield 31⁄2 minutes to the country believe that the issue be- yesterday from the State of Mis- the gentleman from Massachusetts fore this Congress is whether or not sissippi, my daughters would not have (Mr. DELAHUNT), who has really worked there is a medical malpractice crisis in received that care, and instead of being hard on two committees and covered a America. healthy, vibrant 5-year-olds today, I lot of territory as a Member of Con- There is a medical malpractice crisis, am sure that both of them would have gress. but the issue before this Congress is cerebral palsy, our family would be Mr. DELAHUNT. Mr. Speaker, I how do we resolve that crisis? How do devastated and society would probably thank the gentleman for yielding me we minimize the premiums that doc- bear the brunt of the cost of their care time. tors have to pay in order to participate for the rest of their lives. Mr. Speaker, next week we will be in our medical society? So this bill is all about access to considering most likely on the floor of The reason we are in this position, care. It is not taking away a person’s the House a bill dealing with bank- according to a recently released report, right to a redress of grievances in a sit- ruptcy. Today we are considering a bill particularly as it relates to my State, uation where they have been injured by that is bankrupt, because it is an act of the State of Florida, by the group Pub- a practice below the standard of care. special cruelty that is being per- lic Citizen, is that a small number of It is not taking away from a trial at- petrated on the most vulnerable of vic- negligent doctors and the cyclical na- torney that works in the area of per- tims of malpractice, stay-at-home ture of the insurance industry are sonal injury their right to do business, mothers and children, children like largely to blame. and most do in a very equitable man- Steven Olson, who was left blind and The Public Citizen report found that ner and with integrity. No, it is not brain damaged after an HMO refused to 6 percent of all doctors are responsible about that at all. It is about access to give him a $800 CAT scan when he was for one-half, 50 percent, of all medical care. 2 years old. He is going to need round- malpractice cases. Six percent of doc- I am proud to stand here today and the-clock care for the rest of his life. A tors are responsible for 50 percent of enthusiastically support H.R. 5, and I jury, a jury, awarded him more than $7 malpractice cases. Yet the bill before hope the rest of my colleagues in this million for his pain and suffering. But this Congress does not at all address Chamber will do the same. California has a cap on noneconomic Mr. CONYERS. Mr. Speaker, I yield peer review of physicians, nor does it damages, so the judge was forced to re- myself such time as I may consume. address the insurance aspect of the duce the award to $250,000. That is $12 Mr. Speaker, only for the benefit of medical malpractice crisis, nor, most a day for the rest of his normal life ex- the gentleman from Georgia, who as- importantly, does it require insurance pectancy. serts that this bill does not take away companies to pass on the savings from Is that all he is owed for the irrevers- anybody’s rights, the gentleman must the alleged cap that would occur, pass ible damage that was done to him? Is be aware, sir, as a Member of Congress that money on to doctors in the form that fairness? Is that justice? I think and a doctor, that there is a $250,000 of lower premiums. we know the answer. cap on noneconomic damages, unless In the State of Florida, which Mr. Speaker, the sponsors of this bill he thinks that is not taking away any- amounts to about 16 million people, in have assured the physicians of America body’s rights. the last reported year there were 230 Mr. GINGREY. Mr. Speaker, will the that this bill will lower their insurance cases of awards in excess of $250,000, gentleman yield? premiums. The doctors are being de- yet the proponents of this bill would Mr. CONYERS. I yield to the gen- ceived, for it includes none of the pro- argue that we will resolve this problem tleman from Georgia. visions that would be necessary to by limiting the excessive number of Mr. GINGREY. Mr. Speaker, I thank bring about such a result. lawsuits that amount to excessive the gentleman for yielding. The bill does nothing to reduce the damages. They do not exist, these law- Mr. Speaker, as we know, this bill, of staggering number of medical errors suits, in the excessive number that course, is applicable to those States that kill so many thousands of Ameri- they claim. that have not addressed this issue. Cer- cans each year, according to some esti- Mr. SENSENBRENNER. Mr. Speak- tainly the State of West Virginia and mates, up to 98,000 deaths per year. er, I yield 2 minutes to the gentleman others who have finally tackled this That is a real crisis. It does nothing to from Georgia (Mr. GINGREY). issue, as they did in California in 1978, weed out the 5 percent of the medical Mr. GINGREY. Mr. Speaker, I thank I believe, they can set their own caps. profession who are responsible for 54 the distinguished chairman of Com- This law, H.R. 5, will be applicable to percent of the medical claims. So what mittee on the Judiciary for granting those States who, for one reason or an- is going to happen is good doctors will me time to speak on H.R. 5, the Med- other, have not. continue to subsidize those that ought ical Justice Act, HEALTH ACT of 2003. Mr. CONYERS. Mr. Speaker, reclaim- to be out of the profession. As an OB/GYN Member of the body, I ing my time, what about the States It does nothing to regulate the rates think I have a unique perspective on that have no caps? that insurance companies charge their this issue, not only as a physician who Mr. GINGREY. Mr. Speaker, if the policyholders. That did prove effective has delivered more than 5,000 babies gentleman will continue to yield, the in California when it was passed in and seen many of my colleagues giving States that have no caps, of course, for 1988. up their practice because of fear of run- noneconomic damages, this cap of Instead of adopting any of these away lawsuits, but also as a grand- $250,000 would be applicable. measures, the Republican majority has parent. Let me explain that to you, be- Mr. CONYERS. In other words, the chosen to blame the victims, capping cause this issue is all about access to gentleman is sticking to his statement injury awards at artificially low levels care for our patients, the citizens this that this takes away nobody’s eco- that are insufficient to meet their country. nomic rights, is that correct? needs and making it difficult for them

VerDate Dec 13 2002 01:10 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MR7.012 H13PT1 H1838 CONGRESSIONAL RECORD — HOUSE March 13, 2003 to even find a qualified attorney who is him, his malpractice premium has gone truly terrible that the insurance indus- willing to take their case. up 70 percent. try has this control over the health It is unconscionable, Mr. Speaker, for Mr. Speaker, it also has the face of a care system. Congress to deprive these victims of family practitioner, an African Amer- I would say to my colleagues, it is the right to have a jury of their peers ican practitioner who I met with just a time for us to put an end to the mis- decide what their pain and suffering is few months ago, who 2 years ago his representations of the insurance indus- worth. It is rather ironic that rather premium was $30,000. Last year it went try. It is time for us to stand up for our than regulating insurance rates, the up to $100,000. This past year it went up constituents and for people who have apostles of the free markets opt to im- to $230,000. Mr. Speaker, he closed his been injured, who have been maimed, pose a system of wage and price con- doors. The difficulty is not that he is and even killed, who deserve to be pro- trols. What irony. no longer in that office; the difficulty tected. Mr. SENSENBRENNER. Mr. Speak- is when all of the patients he serves I say vote ‘‘no’’ on this bad bill. Our er, I yield 22⁄3 minutes to the gentleman knock on that door, he is not there to citizens deserve to be compensated for from Virginia (Mr. FORBES). open it again. medical malpractice. Mr. FORBES. Mr. Speaker, I first Mr. Speaker, the difficulty with not Mr. SENSENBRENNER. Mr. Speak- would like to thank the distinguished passing this bill is the fact that all of er, I yield 2 minutes to the gentleman chairman for his hard work on bringing those patients would no longer have ac- from Iowa (Mr. KING). this bill forward. cess to health care. That is why it is Mr. KING of Iowa. Mr. Speaker, I Mr. Speaker, we have heard a number important we get it passed. thank my distinguished chairman, the of things today, including from my gentleman from Wisconsin (Mr. SEN- b 1245 good friend from North Carolina who SENBRENNER), for yielding me this time mentioned that he had failed to see a Ms. JACKSON-LEE of Texas. Mr. and also for his work on this important situation where a malpractice case Speaker, I ask unanimous consent to bill. crossed State lines. Yet the case law in control the time of the gentleman from Mr. Speaker, I would like to rise in his own State contains many cases just Michigan (Mr. CONYERS). support of H.R. 5. Many of the people I like that. The SPEAKER pro tempore (Mr. represent in Iowa have to drive a long As a matter of fact, the Supreme SIMPSON). Is there objection to the re- ways to see a doctor and even further Court in North Carolina has actually quest of the gentlewoman from Texas? to see a specialist. Thankfully, the ruled that if a patient leaves North There was no objection. health care access prices in Iowa may Carolina, where they have no cap, trav- Ms. JACKSON-LEE of Texas. Mr. not be as severe as they are in some of els to Virginia and are treated by a Speaker, it is my pleasure to yield 3 the other States, and we have heard doctor there who thinks he has the pro- minutes to the distinguished gentle- some of that this afternoon. However, I tection of a malpractice cap, they can woman from California (Ms. WATERS), a know that rural States like Iowa need actually be sued in North Carolina, and member of the Committee on the Judi- to do everything they can do to im- the Supreme Court there said no cap ciary and a ranking member on the prove access to health care. applies. Committee on Financial Services. Rising medical liability premiums Mr. Speaker, I have worked on this Ms. WATERS. Mr. Speaker, today we due to lawsuits make it harder for doc- crisis, which I believe is indeed a crisis are here to debate a bill, H.R. 5, writ- tors to stay in business and continue to in health care and access to health ten for us by the insurance industry. see patients. As I said before, some- care, for over a decade now, and every Supporters of restricting jury awards times it is easier to sue a doctor than single time this issue is debated I see and malpractice lawyers’ fees say ex- it is to see one. The health care access the opponents of this type of legisla- cessive billion-dollar damage awards in crisis hits rural Iowa hard because we tion coming in and they try to paint medical liability suits is the reason have to drive further to seek medical these faces. medical malpractice insurance pre- attention. The people in my district On the one hand, they will show a miums have risen so sharply and that cannot afford to lose a single OB-GYN victim of the most egregious scenario, nearly half the States are experiencing or ER doctor to the rising medical in- and certainly those victims do exist. an insurance crisis. However, others surance premiums; and if we do, our On the other side, they will show a por- say, and I agree, that rising mal- families will suffer. trait, mental, if no other way, of a doc- practice rates are part of the cyclical Expectant mothers will have to drive tor who is the most egregious kind of nature of the insurance business, and further to see their obstetricians, acci- doctor. insurers are raising premiums now to dent victims will spend critical min- Mr. Speaker, that is not the true face recoup recent stock market losses. In utes and hours in transportation, sen- of this legislation, not the true face of addition, I believe any crisis that ex- iors will have to drive further and this problem. Let me give you three of ists is specific to certain medical spe- sometimes will not receive the care those faces. cialties and regions of the country. that they need. Access is critical. The One is the young internist who tries Let us, Mr. Speaker, say it like it is: people I represent should not have to to save the life of a patient who can no the insurance industry wants this bill spend more time on the road than in a longer breathe, and is actually getting because it will increase their profits. doctor’s office. on a helicopter and traveling to a hos- Well, forgive me if I do not support the The health care access crisis is fur- pital with that patient. At the end, insurance industry over injured pa- ther exaggerated in my district be- even though they have committed no tients. I do not represent insurance in- cause we have the lowest reimburse- malpractice, they end up in litigation dustry profiteers. I represent the peo- ment rate of the 50 States for Medicare for almost 4 years. At the end of the ple in my district, the people who will reimbursement rates, and that means process, the doctor looks at you and be severely disadvantaged if this bill we have a thinner margin to play with. says, I did nothing wrong, but for 4 passes in its current form. I would point out also that, if the years I had a cloud of litigation over We have gone back and forth on this folks that are seriously opposing this me, worried about whether I was going issue for a long time now. The medical bill were defending just the interests of to lose my home and everything I had. malpractice insurers tell us again there the patients, we would have seen an It has the face of the emergency is a crisis, there is a shortage, there is amendment that would have waived room physician who has been working a stoppage, or whatever else they think contingency fees on noneconomic dam- for 8 hours, and all of a sudden re- will bully Congress into doing their ages. sponds to a code outside of the depart- bidding. It is truly terrible that good Ms. JACKSON-LEE of Texas. Mr. ment with a dying patient that he can- doctors are paying the price for the in- Speaker, it gives me great pleasure to not pull one more miracle out of the surance industry’s bad business deci- yield 3 minutes to the distinguished hat on, and that patient dies. He is sions. It is truly terrible that the in- gentlewoman from California (Ms. brought into that litigation just as a surance industry has fooled doctors LOFGREN), a senior member of the shotgun approach, and, after 31⁄2 years, into believing that injured patients are House Committee on the Judiciary and even though he has no award against to blame for high premiums, and it is Committee on Science.

VerDate Dec 13 2002 01:10 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.039 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1839 Ms. LOFGREN. Mr. Speaker, I am as 40 percent, it is clear who is win- us, and join with our colleagues, the probably one of the few Members who ning. gentleman from Michigan (Mr. CON- have actually operated under MICRA We want our legal system to benefit YERS) and the gentleman from Michi- in California. In the 14 years that I patients, not trial lawyers. Anyone gan (Mr. DINGELL) and others, to pass a served on the board of supervisors, we who has been harmed at the hands of a far better bill, a bill that will bring re- bought malpractice insurance for the doctor should have their day in court. lief to HMOs, health professionals, and doctors at the county hospital; we set- They should be able to recover the full the patients who depend on their serv- tled lawsuits pursuant to MICRA re- cost of their care, and they should be ices and who need to be made whole. lated to the county medical profes- able to recover reasonable non- Mr. SENSENBRENNER. Mr. Speak- sionals. People have argued the pros economic damages. er, I yield 2 minutes to the gentle- and cons of MICRA. The point that But we know the insurance compa- woman from Tennessee (Mrs. needs to be made is that H.R. 5 is not nies raise the cost of medical mal- BLACKBURN). MICRA. practice coverage when faced with the (Mrs. BLACKBURN asked and was MICRA’s cap on noneconomic dam- risk of unlimited noneconomic dam- given permission to revise and extend ages applies to medical malpractice ages. Doctors cannot afford to pay her remarks.) Mrs. BLACKBURN. Mr. Speaker, I cases only. H.R. 5 extends liability re- their insurance premiums and end up rise today to support the HEALTH Act lief to insurance companies, HMOs, raising rates or leaving their homes for of 2003, because I know what runaway nursing homes, medical device manu- States with reformed medical litiga- health costs and a broken health care tion systems. That means that the facturers, and pharmaceutical compa- system look like. nies. In some cases, injured persons, for health care is no longer affordable and In Tennessee we are battling to fix example, an elderly person abused in a accessible to many of our citizens. our own system, a statewide, nearly- nursing home, will only be able to look When doctors cannot pay the premiums universal health care service run by to their noneconomic damages for re- and stop practicing medicine, everyone the government called Tenncare. lief because they do not have any earn- loses. H.R. 5 means doctors in your neigh- ings to recover. Mr. Speaker, this culture of litiga- borhood, not 50, 100, or 500 miles away MICRA in California does not limit tion has to end. No one has ever been in a metropolitan area. H.R. 5 means punitive damages in personal injury cured by a frivolous lawsuit. lower insurance premiums for working cases, but H.R. 5 caps punitive damages So I support the reasonable limits on families and for small businesses. at two times economic loss, or $250,000, noneconomic damages. I believe it is This bill will not take away anyone’s whichever is greater. time to pass medical liability reform right to compensation. What it will do H.R. 5 would actually preempt Cali- that benefits patients, not trial law- is prevent our community doctors, our fornia law by precluding tort recovery yers. I urge the House to pass H.R. 5, community doctors from being tar- against nursing homes, HMOs who the HEALTH Act of 2003. geted by profiteering lawyers. wrongly make medical decisions, and Ms. JACKSON-LEE of Texas. Mr. I encourage all of my colleagues to insurance companies. It would under- Speaker, it gives me great pleasure to join in supporting the HEALTH Act of cut California’s elder abuse statutes, as yield 1 minute to the distinguished 2003. well as undercut new measures that we gentlewoman from the Virgin Islands Ms. JACKSON-LEE of Texas. Mr. have fought hard for in California that (Mrs. CHRISTENSEN), a physician and an Speaker, I yield myself 25 seconds. allow HMOs to be held accountable for advocate for good health care for all I beg to differ with the gentlewoman their decision-making when that deci- Americans. We thank her very much from Tennessee. I wish her remarks sion-making disrupts the doctor-pa- for her leadership. were accurate, in noting from the tient relationship. (Mrs. CHRISTENSEN asked and was American Insurance Association a So whatever one thinks about given permission to revise and extend comment that says, ‘‘Insurers never MICRA in California, examine care- her remarks.) promised that tort reform,’’ which is fully H.R. 5, because it is not MICRA; Mrs. CHRISTENSEN. Mr. Speaker, what medical malpractice, what H.R. 5 it is putting the doctors in front of the H.R. 5 is but another wolf in lamb’s is, ‘‘would achieve specific premium insurance companies. But the big bene- clothing, pretending to help doctors savings.’’ So in fact, the doctors will not be helped from this legislation, ficiaries are the HMOs, the pharma- and patients, but really only helping H.R. 5. The only persons that will be ceutical companies, and the insurance the large health care corporations and helped will be the insurance compa- companies and nursing homes. doing nothing to help lift the mal- practice burdens from doctors and nies. I think this is not what our country Mr. Speaker, it gives me great pleas- other providers, or to ensure fair treat- should be doing to preempt California’s ure to yield 1 minute to the distin- ment to their patients. Health care elder abuse statutes and our new effort guished gentleman from Missouri (Mr. to hold HMOs accountable for the prac- professionals need to see through this CLAY), a fighter for the rights of many tice of medicine through insurance. sham. and an advocate for good health care I am a family physician. I see my Mr. SENSENBRENNER. Mr. Speak- for all Americans. er, I yield 2 minutes to the gentleman classmates and other doctors, good Mr. CLAY. Mr. Speaker, I thank the from Indiana (Mr. CHOCOLA). ones, many who have never been sued, gentlewoman for yielding me this time. Mr. CHOCOLA. Mr. Speaker, I thank struggling to keep malpractice cov- Mr. Speaker, I rise in opposition to the chairman for yielding me this erage and just to keep their offices H.R. 5. The bill does a disservice to the time. open under the press of high premiums. medical liability insurance problem. It Mr. Speaker, one of the biggest prob- It is truly unfortunate that many of fails to provide the necessary solutions lems facing our health care system the organizations representing us are which are needed to have a win/win sit- today does not start in the doctor’s of- mistakenly supporting H.R. 5, because uation for all concerned parties. fice or in the operating room; it starts I think they think this is the best they Proposed legislative relief in the in the courtroom. We have a problem can get. H.R. 5 is not. As a matter of form of damage caps such as H.R. 5 in America. There are too many frivo- fact, it is no help at all. Doctors are may be construed as only a small por- lous lawsuits against good doctors, and but pawns in what is clearly special in- tion of the remedy. Caps alone will not patients are paying the price. It costs terest legislation. result in an immediate decrease in pre- money to fight a frivolous lawsuit and Mr. Speaker, H.R. 5 is an assault on miums. Malpractice suits take 3 to 8 oftentimes, in order to avoid litigation, the poor and minorities as well, be- years to come to trial. Current pending doctors and insurance companies settle cause regardless of their injury and or filed suits will not be resolved for cases, even though they have not com- needs, the awards would be capped at years. New caps on damages may not mitted a medical error. low levels. For everyone, this bill sets retroactively cover current suits. So it pays to sue. One can file lawsuit values on human life and suffering that Therefore, premiums will not go down. after lawsuit and eventually the legal none of us can measure. This bill is silent on the issue of the system begins to look like a lottery. I say to my colleagues, defeat this insurance industry and the failed in- With the trial lawyers taking as much bad bill that does a disservice to all of vestments policies of that industry’s

VerDate Dec 13 2002 04:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.046 H13PT1 H1840 CONGRESSIONAL RECORD — HOUSE March 13, 2003 past. The choice is simple: enact H.R. 5 just makes sense, if this bill is really intended getting into the issue to the extent to and have a system that has a tremen- to decrease premiums. But that amendment which tort reform played a role in re- dous overhead and continues to cause a will not receive a vote today. That fact lays ducing medical malpractice premiums disservice, or have a true reform plan bare the claim that this bill is anything more and without getting into the debate that gives an immediate reduction in than a gift to the insurance industry. about why we would need to federalize cost. This bill has many troubling aspects and the entire system rather than letting Mr. SENSENBRENNER. Mr. Speak- omissions. For example, noneconomic and pu- the States work this through the same er, I yield 1 minute to the gentleman nitive damages are capped at $250,000 and way California did, I just wanted to from Pennsylvania (Mr. GERLACH). there is no provision to have this arbitrary draw the attention of the body to the Mr. GERLACH. Mr. Speaker, physi- number rise over time with inflation. So, we fact that what you are being told is not cians in Pennsylvania face sky- know that the value of the dollar will go down true. This is not an effort to take the rocketing liability insurance rates. over time. Do we also feel the value of a California law as passed in 1975, known This is forcing them to leave their human life, or of a child’s pain and suffering as MICRA, and to pass it and federalize practices, retire early, or stop per- will also go down over time? I surely do not. it and to have it apply to the country forming certain procedures. This could have easily been changed, but it as a whole. was not. b 1300 This is a bald faced effort to cherry- Another aspect of this bill that I feel is mor- pick certain provisions of that law, add That threatens access to care for pa- ally repugnant, is in its valuing of rich people’s many different people to the coverage tients in Pennsylvania and across this lives more than poor people’s, or children’s, or of that law that were never included in country. In my district alone, hospital stay-at-home mothers’. In the case of truly hei- that law, add additional tort reform services have been curtailed and ad- nous acts of negligence, a judge and jury can provisions to that law that were not in- vanced life support services have been award a damaged person with punitive dam- cluded in that law and then claim that terminated at an alarming rate. With- ages. Punitive damages, as the name implies, we are doing MICRA. out passage of medical liability reform are meant to punish egregious wrong-doers. In MICRA we enacted a series of very at the Federal level, this situation will This bill caps punitive damages at $250,000 or serious tort reforms, including the cap continue to worsen. twice the economic damages, whichever is of $250,000, which I opposed vocifer- From 1977 to 2000 the number of prac- higher. So if a CEO with a high salary is in- ously then and do now. But we also ticing OB/GYNs in southeastern Penn- jured and can’t go back to work, his economic massively enhanced both the level of sylvania has declined by 20 percent, damages could be in the millions, and there- insurance industry regulation and the and that is before the astronomical in- fore through punitive damages—the perpe- authority of the boards of medical crease in doctors’ medical liability, trator would be punished severely. On the quality assurance, the disciplinary doctor insurance rates that took place other hand, if the injured is a child or a stay- boards, to discipline those few physi- last year. In Pennsylvania more than at-home mother, the economic damages cians who were truly bad doctors, 75 hospital services have been closed or would be low, and the punitive damages whose record of malpractice was as- curtailed in the past year alone. The would be capped at $250,000. Why would the tounding. If there was not going to be most severely affected specialty serv- U.S. Government, dedicated to the idea that the full accountability from the tort ices are obstetrics, orthopedics, general every person should be treated as equal, say system for the conduct of those physi- surgery and neurosurgery. that doctors who hurt rich people should be cians, then their status, their licenses Mr. Speaker, my constituents need punished more than those who hurt poor peo- would be in jeopardy. real, meaningful medical liability re- ple—that the value of a poor person’s life is We provided immunity to other phy- form and they need it now. We cannot less—that it is OK to take bigger risks in treat- sicians so that they would testify allow the continuation of a system ing poor people? This is absolutely morally about the bad practices of those few that is threatening and has in fact cut bankrupt. doctors. We set up peer review commit- And the bill does nothing to stem the tide of off patients’ access to their doctor or tees in every area of this State. We sig- frivolous lawsuits. This bill, by definition, cuts hospital of choice. Let us put the pa- nificantly enhanced the powers of the awards to those people who a jury decided tients above litigation and let us pass boards of medical quality assurance. were not frivolous. This is short-circuiting our this bill. None of that, absolutely none of that Ms. JACKSON-LEE of Texas. Mr. judicial process. What in the name of God and country are appears here. This is a one-sided effort Speaker, I yield myself 15 seconds. appealed to by certain interests, decry- The playbook is being said over and we doing giving a gift to insurance companies, while people are suffering and access to med- ing other interests, to pretend they are over again. Victor Schwartz on tort re- taking the balanced approach of Cali- form says that many tort reform advo- ical care is threatened? I will vote against H.R. 5 and urge my colleagues to do the same. fornia when they are cherry-picking it cates do not contend that restricting Mr. Speaker, I yield 3 minutes to the to only limit its impact on one issue, litigation will lower insurance rates, gentleman from California (Mr. BER- the ability of injured patients to re- and I have never said that in 30 years. MAN), a distinguished senior member of cover because of the negligence of an- Mr. Speaker, I will not vote for H.R. 5, be- the Committee on the Judiciary who other. cause as it is, it does nothing to decrease the knows about California medical mal- Mr. SENSENBRENNER. Mr. Speak- premiums our Nation’s physicians are bur- practice law firsthand. er, I yield 1 minute to the gentleman dened with. It does nothing to decrease the Mr. BERMAN. Mr. Speaker, I thank from Texas (Mr. BURGESS). number of frivolous lawsuits. It does nothing to the gentlewoman for yielding me time. Mr. BURGESS. Mr. Speaker, I thank decrease the amount of malpractice being in- Mr. Speaker, two points: In Cali- the gentleman for yielding me time. flicted upon the American people, by bad doc- fornia we had much of the same issue Mr. Speaker, I rise today in support tors who are jeopardizing the lives of their pa- that the country is now facing, rapidly of H.R. 5, the HEALTH Act. Before tients, and driving up the insurance costs of escalating medical malpractice pre- coming to Congress I served as a doctor their colleagues. And it does nothing to protect miums, concerns that the health care in north Texas for over 25 years. Over the rights of those suffering in the wake of an system was broken, and we weighed the that time I delivered over 3,000 babies act of medical negligence. two approaches we had. One is the ac- and handled my fair share of high-risk I have doctors in my district, who are strug- countability for bad medical practices births. Because of the nature of my gling with high malpractice insurance pre- through the tort system versus a com- profession, I was not immune to being miums. In some regions, for some specialties, promise that used a combination of named in a lawsuit. Even though these those premiums can be outrageous. If this bill tort reform, enhanced regulation of the claims were eventually dropped, my becomes law, the caps on claims from injured medical profession and hospitals in patients could not get back my time or patients will put a lot of money into the coffers terms of ensuring that bad practice the benefit of the care that they lost of insurance companies. I offered an amend- would not be allowed to go unpunished because I was away from my practice ment yesterday in the Rules Committee that and to continue, and insurance indus- defending my livelihood. would have forced insurance companies to try regulation legislation. The current legal environment re- pass at least half of that money down to phy- Now, we have this crisis in many duced the access my patients had to sicians in the form of reduced premiums. That other States of the Nation. Without my services, and that is a situation

VerDate Dec 13 2002 01:10 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.048 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1841 that I find unconscionable. Thousands practice. And in testimony before the doctors, if you are good doctors, we of doctors share a similar story and Committee on Small Business, we want the savings that have been given millions of patients are affected in the learned that 85 percent of neuro- to those to be reduced. I had an amend- same way by the current system. surgeons have been sued in my State. ment that said reduce it by 50 percent. The legal environment in which doc- Asked if this is too many, the plain- Put 50 percent of the savings and re- tors must work is lopsided to favor a tiffs’ association said, no, 85 percent of duce the premiums of the doctors. This very narrow special interest group, neurosurgeons in Illinois were bad doc- is real medical malpractice response. that of the plaintiffs’ bar. Because of tors. This puts the doctors in the rural com- this patients are losing access to spe- I am worried about the plaintiffs’ bar munities in New Jersey, in Mississippi, cialized care they need because doctors and its unintended war on women, forc- in Texas and New York in the are being driven out of business or tak- ing OB/GYNs out of my State of Illi- innercity. This helps the babies like ing time away from their practices to nois. Nathaniel. defend against frivolous claims. I urge This is needed legislation. We need to And then to my dear friends, what passage of H.R. 5. pass it now. I commend the chairman. about the States rights? What about Ms. JACKSON-LEE of Texas. Mr. Ms. JACKSON-LEE of Texas. Mr. the States that want to make their Speaker, I yield 1 minute to the distin- Speaker, I yield the gentleman from own determinations to protect their guished gentleman from New Jersey New Jersey (Mr. PASCRELL) 10 seconds own citizens, to ensure that Nathaniel (Mr. PASCRELL), one who has been a to respond. does not lay languishing with brain Mr. PASCRELL. Mr. Speaker, is this fighter for physicians and first re- damage, and because he was only 6 gentleman letting us know today that sponders. weeks old, the noneconomic damages he is guaranteeing a reduction in the Mr. PASCRELL. Mr. Speaker, I that would provide for him for the rest premiums if this bill is passed? Is that thank the gentlewoman for yielding me of his life were cut off, the pain and what the gentleman is saying? I would time. suffering damages were cut off at Mr. Speaker, I read section 12 of this like him to say for the record. $250,000 in today’s time? So besides cut- legislation and it says that this is Ms. JACKSON-LEE of Texas. Mr. ting us off from having amendments, going to go into effect on the enact- Speaker, I yield 3 minutes to myself. besides denying us a substitute—a le- ment of this bill, it becomes law. There (Ms. JACKSON-LEE of Texas asked gitimate way to discuss a reasonable is no grant program to help health care and was given permission to revise and professionals. There is no end of frivo- extend her remarks.) response—this is what we have today: lous lawsuits that has been discussed Ms. JACKSON-LEE of Texas. Mr. A false bill that addresses a false issue anywhere in this legislation. There is Speaker, I want to answer and I thank and Nathaniel languishing in brain no attempt to pass on the savings to the distinguished speaker. damage. Our bill would have provided the very doctors who you have conned Mr. Speaker, I am going to ask the Nathaniel for getting his day in court, into believing that their rates are young lady just to come closer. We providing for his mother and father the going to go down. have the personal touch here this after- pain and suffering they are experi- The insurance industry has said time noon. encing while he languishes without and time again, not to the doctors, I want to answer the question that hope. that there is no guarantee that the pre- has been raised. This is over and over Payoff day for insurance companies. I miums will go down if this is enacted. again about whose problems we are stand against it. Vote against H.R. 5. And what you are going to do to us in solving. Can I give my friends the real Mr. SENSENBRENNER. Mr. Speak- New Jersey and 10 other States where facts? er, I yield myself 1 minute. we have strong legislation dealing with Sixty-one percent of the cases are Mr. Speaker, the gentlewoman from HMOs that rule the roost, you are dropped. That means as you go into the Texas (Ms. JACKSON-LEE) displayed a going to let them all off the hook and courthouse, and those of you who have chart that indicated that 61 percent of you are going to protect bad doctors, been injured, you have your cases dis- the malpractice cases were either set- bad hospitals and you are certainly missed 61 percent. Plaintiffs only get 1 tled or dropped, and she insinuated going to protect bad insurance compa- percent of the verdicts across the Na- that that was for free. It is not for free. nies. And I say to you, you have cre- tion. Defense verdicts. That means It costs money to defend those suits, to ated a great injustice here by putting they rule on behalf of the HMOs, the go to court, to file answers, to do what- forth this legislation without even al- doctors, the hospitals, 6 percent, and ever discovery is necessary in order to lowing us to consider trying to solve settlements are 32 percent. convince the plaintiff that they do not the problem. Our bill does that. H.R. 5 is a bill that does not harm the have a case, and those costs get folded Mr. SENSENBRENNER. Mr. Speak- doctors and the physicians, which we into the liability premiums that the er, I yield 2 minutes to the gentleman do not want to harm, but it literally physicians have to pay. from Illinois (Mr. KIRK). destroys the victims. What it does is Who gets off free? It is the plaintiff Mr. KIRK. Mr. Speaker, I thank the when the verdicts come it injures the that gets off free because the plaintiff distinguished chairman for yielding me victims because you tell them that is on a contingency fee and if there is time and will answer my colleague that they cannot get a recovery. no recovery then the plaintiff does not you cannot con doctors into anything. There is no crisis in medical mal- have any lawyer fees at all. Doctors are not only trained profes- practice insurance. What the crisis is is Mr. Speaker, I reserve the balance of sionals who can diagnosis what is the insurance companies who refuse to my time. wrong with you, they can diagnose reduce the payments. Ms. JACKSON-LEE of Texas. Mr. what is wrong with our country. So let me show you who will be hurt Speaker, I yield myself 25 seconds to I rise in support of H.R. 5. Without by H.R. 5. Nathaniel will be hurt by respond. this bill health care in my State of Illi- H.R. 5. This is the face of H.R. 5. Why? The Republicans have represented nois will change for the worse. I am Because Nathaniel was 6 weeks old that H.R. 5 is to reduce the premiums standing here representing Dr. Gina when Nathaniel became brain damaged of physicians. Let it be perfectly clear, Wehrmann, who after paying her mal- because he was not diagnosed with and I stand by my document, 61 per- practice bill made less than the office jaundice. In the Democratic substitute cent are dismissed, but let it be per- manager in her practice and is now a we eliminate cutting off Nathaniel’s fectly clear that nowhere will the phy- pharmacist at Walgreens. I also stand damages. We take the caps off the non- sicians have premiums reduced and with Dr. Scott Hansfield, head of ob- economic damages. Is it not interesting more doctors be able to practice be- stetrics at Highland Park Hospital, that physicians who want to have their cause we pass H.R. 5, which is a payout who recently notified 2,500 of my con- rates reduced do not get any relief di- to the insurance companies. I maintain stituents that he is leaving the prac- rectly from the insurance payoff be- that position and it is accurate. tice of medicine and moving to a tort cause this is not access to medical Mr. Speaker, I yield 11⁄2 minutes to reform State. care. This is insurance payoff day. the distinguished gentleman from The AMA has just put Illinois on the What we do for Nathaniel in the Pennsylvania (Mr. HOEFFEL), who expe- crisis list of liability watch for their Democratic substitute is we say to the riences firsthand what happens with a

VerDate Dec 13 2002 01:10 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.050 H13PT1 H1842 CONGRESSIONAL RECORD — HOUSE March 13, 2003 crisis in his State. He is a leader on where high risk specialists are closing on my own side of the aisle. There are these issues. their practices because they cannot a great many tragedies which occur b 1315 make enough money to support them- when health care is poorly delivered. I selves and to pay their liability insur- have no interest in removing appro- Mr. HOEFFEL. Mr. Speaker, I thank ance premiums. priate avenues of redress for those in- the gentlewoman for yielding me the Mr. Speaker, I reserve the balance of jured people and their families, but I do time. my time. not believe these cases have much, if I agree with her concern because Ms. JACKSON-LEE of Texas. Mr. anything, to do with the bill before us Pennsylvania doctors have a tremen- Speaker, I yield myself 10 seconds. today because it retains a great deal of dous problem with medical malpractice The real point is that the insurance legal redress for plaintiffs. premiums doubling and tripling, but companies have specifically said they No one can claim that the system we they have been sold a bill of goods. will not reduce premiums with the pas- have now is good for the doctors or the This bill will not bring down their pre- sage of H.R. 5. patients when doctors must pursue ex- miums. We should try to help those Mr. Speaker, I yield 1 minute to the pensive defensive medicine rather than doctors, but not by punishing the most distinguished gentleman from Illinois doing what they think is right. No one severely injured victims of medical (Mr. DAVIS), who knows hospitals be- can think it is good for places to have cause they are in his district, an advo- malpractice. doctors leaving the profession in droves cate for good health care for all Ameri- We need insurance reform. The law in because of the financial and physio- cans. California did not work to bring down logical strains of caring for people premiums. When they put a $250,000 cap (Mr. DAVIS of Illinois asked and was given permission to revise and extend under current malpractice realities. on damages, the premiums continued The bottom line is that the failure of to rise until they passed insurance re- his remarks.) Mr. DAVIS of Illinois. Mr. Speaker, the medical liability system is compro- form in 1988 and mandated a reduction mising patient access to care. More in premiums. That is what we need to in Chicago, an electrocardiogram is misread and the patient dies of a heart than half of Texas physicians say that be doing here. they are considering early retirement At a minimum, we have got to put attack. A rare heart disorder is mis- taken for a back strain and kidney due to skyrocketing insurance pre- flexibility into these hard and inflexi- mium, and nearly one-third are reduc- ble caps. We ought to allow the trial stone. The patient dies. Both of these cases are about real people and real ing the kind of services they provide. judge at a minimum to allow some- Spiraling medical liability insurance thing above the caps if circumstances pain. In both cases, the families were awarded decent sums of money by ju- premiums are forcing many hospitals on a case-by-case basis require that, to consider difficult decisions from cut- but this House will not allow that to ries, but I can tell my colleagues, no sum of money will ever replace the loss ting services to closing clinics. Some happen. hospitals find it difficult to appro- Let us look at the sad case of Linda and suffering of people’s lives. Yes, there is a crisis in health care, but this priately staff emergency departments, McDougal, who was diagnosed with recruit and retain physicians in high- breast cancer and had both breasts re- one-size-fits-all $250,000 cap on medical malpractice payoffs will not solve the risk specialties. Where is the victory moved because of the lab report. It for patients in that scenario? turned out the lab was wrong. The good problem. I have a profound respect for doctors, This situation is further magnified in news for Linda McDougal is that she nurses, hospitals and other health care rural communities where there are does not have breast cancer. The bad professionals who provide services, fewer hospitals and health care profes- news is she does not have breasts any- some 25 of them in my Congressional sionals. These hospitals and clinics al- more. district, five medical schools, but I am ready operate on narrow profit mar- What is that worth? The proponents not prepared to leave to chance a gins, and skyrocketing medical liabil- of this legislation would say that a $250,000 cap on consumers. ity insurance push them closer to the woman’s breasts are worth no more Mr. SENSENBRENNER. Mr. Speak- brink of closure. than $250,000. I do not want my col- er, I yield 3 minutes to the gentleman Ignoring the litigation problems we leagues to make that decision. I want a from Texas (Mr. STENHOLM). have now is a recipe for disaster. Many jury to make that decision. I want to (Mr. STENHOLM asked and was States, like my own, are already on the defeat this bill. given permission to revise and extend precipice of disaster, especially in Mr. SENSENBRENNER. Mr. Speak- his remarks.) fields like obstetrics. er, I yield myself 1 minute. Mr. STENHOLM. Mr. Speaker, I rise It is for these reasons I join my fel- We have heard an awful lot about the in support of H.R. 5, of which I am an low colleagues as original cosponsor of impact on insurance premiums, and I original cosponsor. I cosponsored this the HEALTH Act of 2003. The bill is not just want to read from the CBO esti- bill because I believe that it will help perfect. It can be improved but it will mate, the cost of this bill. The CBO es- ensure the availability of vital health not be improved if it is defeated today. timates that under this bill premiums services for patients in this country. I urge my colleagues, especially for medical malpractice insurance ulti- Listening to the debate today, the those who represent rural America, to mately would be an average of 25 to 30 average citizen would assume that it is support H.R. 5, which will have a percent lower than what they would be necessary to choose sides. Either one is chance of stabilizing our Nation’s under the current law. However, other for the docs and other health care pro- shaky medical liability system. factors noted above may affect future viders or they are for the patients. I Ms. JACKSON-LEE of Texas. Mr. premiums, possibly obscuring the an- simply reject that premise and assert Speaker, I yield 1 minute to the distin- ticipated effect of the legislation. another, which is this. We must have a guished gentleman from Rhode Island The effect of H.R. 5 would vary sub- system where good doctors can prac- (Mr. LANGEVIN), who has faced many stantially across States, depending tice good medicine if we are going to issues that deal with the needs of hos- upon the extent to which a State al- have healthy patients. pitals and his own constituents and ready limits malpractice litigation. Does creating a good system mean good health care, and I thank him for There would be almost no effect in that no doctor will ever fail again? No his leadership. malpractice premiums at about one- patient will ever again be injured (Mr. LANGEVIN asked and was given fifth of the States, while reductions in through negligence or poor practice permission to revise and extend his re- premiums would be substantially larg- patterns? Of course not. But when marks.) er than the overall average at about those injuries occur through clearly Mr. LANGEVIN. Mr. Speaker, I one-third of the States. bad behavior on the part of a health thank the gentlewoman for yielding me What this means is that the reduc- care team, I want the health care pro- the time. tion in premiums will be much greater fessionals to be responsible for their Today, I rise in strong opposition to in the States where there is a crisis, action. H.R. 5, the HEALTH Act, because this and what this bill does is that it pro- I sympathize with the case examples unhealthy act would severely limit the vides access to medical care in States brought to the floor by my colleagues ability of patients to bring suits and

VerDate Dec 13 2002 01:10 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.053 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1843 seek appropriate damage awards while all of our health care providers, give us doctor to provide pre- and post-natal health failing to require insurers to lower some relief. care but cannot find one because doctors are their rates once the so-called reforms I know this H.R. 5 before us is not a leaving the profession due to the high cost of are in place. This misguided measure perfect bill. Nothing is perfect. Who medical malpractice care? would unfairly impact women, low in- amongst us or what amongst us is per- I support H.R. 5 because doctors, hospitals, come families and children or have ab- fect? But it is a start. It is a beginning, and the health care industry are caught in the solutely no impact on the affordability and it is not incumbent upon us to middle between insurance companies and of malpractice insurance coverage. complete the task, but neither are we lawyers. Doctors are being squeezed by their Proponents of this legislation claim free to desist from doing all we pos- medical malpractice insurance premiums and that it contains the right cure for the sibly can. That is what the American by the high amounts being awarded to injured medical malpractice liability crisis. people are expecting of us. patients. Doctors need to see results; they This elixir is nothing more than a pla- Take this first step. Let us move this need to know that if this bill becomes law that cebo that will not lead to safer medi- process forward. When it gets to the their insurance premiums will go down. The cine, but rather protect egregious med- Senate we can work to perfect it even message must reach the insurance companies ical malpractice behavior. better. I urge my colleagues’ vote on that premiums have to go down so that the Though not a victim of medical mal- this very important matter, and let us medical profession can survive and access to practice, the $250,000 cap in this legisla- bring better health care to our people health care is improved. The health care in- tion could never compensate me for of Georgia and the Nation. dustry must have relief and this bill, although what I lost when I became paralyzed. I am here representing the patients, doctors, not the final answer is the first step in ad- For these reasons, I would strongly hospitals, and health care providers in the dressing the problems that affect doctors and urge my colleagues to oppose the un- 13th Congressional District in Georgia. This is the health care industry. derlying bill and to support the Demo- a new district, which encompasses parts of We have to address the issue of medical cratic alternative, which would allow eleven counties due to the tremendous growth malpractice insurance and the extremely high patients to seek redress while pro- in this part of the state. It is also a diverse dis- cost of health care. We have to do something. viding relief to physicians and hos- trict, including county, regional, and private This bill is not the complete answer. It is not pitals in need while holding insurance hospitals, several health care facilities, and the final answer. It is not the best answer but companies more accountable. hundreds, if not thousands of physicians and it is a start. We do have to do something and Mr. SENSENBRENNER. Mr. Speak- dentists, and other health care professionals. we have to do it now. In 2000, Georgia physi- er, I yield 2 minutes to the distin- Georgia has been designated as one of 18 cians paid more than $92 million to cover jury guished gentleman from Georgia (Mr. states facing a medical liability crisis and since awards. That amount was the 11th highest in SCOTT). Georgia’s health care industry is being threat- the nation despite the fact that Georgia ranks Mr. SCOTT of Georgia. Mr. Speaker, ened by this crisis, I have decided to support 38th in total number of physicians in the I thank the gentleman very much for the patients . . . and the doctors . . . and the United States. Forty percent of the state’s hos- yielding that time. hospitals . . . by supporting H.R. 5. pitals faced premium increases of 50% or I am very delighted to stand before a Earlier this year, the Georgia Board for Phy- more in 2002. St. Paul, the state’s second distinguished House of Representatives sician Workforce, the state agency responsible largest insurance carrier, stopped selling med- to make this plea. for advising the Governor and the Georgia ical liability insurance last year. Remaining in- I support this measure. I come from General Assembly on physician workforce and surers have reportedly raised rates for some Georgia and represent a new Congres- medical education policy and issues, released specialties by 70 percent or greater. Some sional district that represents one of a study showing the effects of the medical li- emergency room physicians, OB–GYNs and the fastest growing areas in this coun- ability crisis on access to health care for Geor- radiologists have not yet found a new carrier. try. It is the 13th Congressional Dis- gia’s patients. For example, the study shows In addition, Georgia is heavily dependent on trict. I am here because of that growth, that 17.8 percent of physicians, more than other states to train physicians. Approximately and I am also here to tell my col- 2,800 physicians in Georgia, are expected to 70% of participating physicians in Georgia leagues that there is no greater press- limit the scope of their practices which is by completed training in another state. High costs ing issue facing my district and the far the largest effect of the medical liability in- of medical malpractice liability insurance may people of Georgia than this health care surance crisis on access to medical care. reduce the attractiveness of Georgia as a lo- crisis that we are faced with today in These physicians are expected to stop pro- cation for medical practice. High professional medical liability insurance. viding high risk procedures in their practices liability insurance costs are a significant finan- Our doctors are suffering immensely, during the next year in order to limit their liabil- cial problem for teaching hospitals, reducing not only in terms of having to cut back ity risk. Nearly 1 in 3 obstetrician/gyne- the already limited funding available for fac- on the quality of services that they cologists and 1 in 5 family practitioners re- ulty, residents, and other medical education have to offer but also in our medical ported plans to stop providing high-risk proce- costs. The high cost of medical malpractice in- schools, where they are preparing our dures, indicating that access to obstetrical surance for doctors and hospitals harms most- doctors for the future. Many of the care may be significantly reduce during the ly those communities who serve minorities and medical schools in my State are saying next year as a result of the medical liability in- low income patients. The physicians and hos- now that many of the students are hav- surance crisis. pitals who depend on Medicare reimburse- ing second thoughts about even coming In addition, nearly 11 percent or 1,750 phy- ments and who serve the 44 million uninsured into the medical profession; 17.8 of the sicians reported that they have stopped or Americans everyday cannot afford to pay high- 2,800 physicians in Georgia are already plan to stop providing emergency room serv- er insurance premiums. We need to ensure reporting that they are contemplating, ices. 630 physicians plan to stop practicing that these communities have access to quality contemplating cutting back in their medicine altogether or leave the state be- health care and the best physicians or the critical services for at-risk procedures, cause of high medical malpractice insurance health disparity that currently exists will con- and nearly 2 percent have even indi- rates. About 13 percent of doctors reported tinue to deepen and create a 2 tier health care cated that if things do not change they that they had difficulty finding malpractice in- system. We must do something now. We must are moving out of the State of Georgia. surance coverage. In fact, at one particular support the patients who cannot speak for I think we all know that Georgia is Georgia hospital, the hospital could not give themselves. We must support our doctors and one of 18 States that has the highest, credentials to a surgeon and add that physi- hospitals and we must pass relief for them most significant medical malpractice cian to its staff because the surgeon could not today. insurance premium costs, and it is afford to buy medical malpractice insurance. In It is important for the House to pass a bill costing our State dearly. I am here to another instance, an obstetrician-gynecologist that can go to the Senate for consideration. I speak for those doctors and the den- had to close his Georgia practice and work for hope to perfect the bill even more as it moves tists and the hospitals in that 11-coun- a health care agency because he could not af- through the legislative process. It would be a ty area that I represent around the ford to buy medical malpractice insurance. mistaken not to do anything. In fact, I have City of Atlanta that is faced with this What happens to the patients that his hospital never seen a problem solved by doing noth- crisis, and I hope that this Congress could have treated but now it cannot because ing. will hear us as we cry out in Georgia on it does not have the surgeons that it needs? We must help doctors, physicians and den- behalf of our physicians, our dentists, What happens to the mothers who need a tists, hospitals, other health care providers,

VerDate Dec 13 2002 01:10 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 9920 E:\CR\FM\K13MR7.056 H13PT1 H1844 CONGRESSIONAL RECORD — HOUSE March 13, 2003 and American patients who are suffering in other nations. Yet, Mr. Speaker, the the ability to bear children, but I know untold ways. Immeasurable damage is occur- costs of health care are rising so much it is not $250,000. I know it is not what ring in our nation’s health care delivery system so, to the point where constituents of Ken Lay earned in about 21⁄2 weeks, and because of the high cost of medical mal- mine, like Gary Miller of Portland, In- I know that that decision should be practice insurance. With the passage of this diana, are in fear of losing access to made by 12 citizens sitting in a jury bill, we are sending a clear and salient mes- health care due to its affordability. box rather than people answering to sage to the insurance industry, which sets the Gary Miller just called my office this special interests in the United States premium rates for medical malpractice insur- morning as we began the debate on this Congress. ance and that message is: Bring Down the bill to register his concern about the Mr. SENSENBRENNER. Mr. Speak- Cost of Medical Malpractice Insurance for rising cost of health care in America. er, I yield myself 1 minute. Physicians and Hospitals. Well, I am here today, Mr. Speaker, to Mr. Speaker, I think there is a little Ms. JACKSON-LEE of Texas. Mr. tell people like Gary Miller that help is bit of confusion around about the non- Speaker, I yield 1 minute to the gen- on the way. economic damage limit. There is a spe- tleman from Massachusetts (Mr. Physicians in this country are some cific provision in H.R. 5 that says no TIERNEY), an individual who has stood of the finest people you will ever meet. provision of this act shall be construed firm on the rights of patients, the It takes a special heart of compassion to preempt any State law whether ef- rights of victims. to help people that are hurting phys- fective before, on, or after the date of Mr. TIERNEY. Mr. Speaker, I thank ically day in and day out. And no well- enactment of this act that specifies a the gentlewoman for the time, and meaning compassionate physician, Mr. particular amount of compensatory or with due respect to our colleagues that Speaker, should be forced to close the punitive damages or the total amount have spoken on the other side of this door of his or her practice just because of damages in a health care lawsuit, re- issue, I want to say that we all under- they cannot afford to pay health care gardless of whether or not such mone- stand the issues that are here and we premiums caused by frivolous litiga- tary amount is greater or lesser than understand the impact that premiums tion. Even the most well-meaning trial that that is provided under this act. have on doctors, but it is a shame that lawyers in the country are filing litiga- Now, every one of the 50 States is we have to choose a vehicle in this bill tion that is driving health care pre- free to adjust the $250,000 limit on non- that pits doctors against victims of miums through the roof. economic damages upwards or down- malpractice. The Good Book tells us: ‘‘You shall wards by enactment of the State legis- The doctors that come into my office not muzzle the ox while it treads out lature. My State limits it at $350,000. understand that if there is an error the grain.’’ And today I say to my col- This is not touched by the HEALTH made they want the patient to be com- leagues, it is time to take the muzzle Act whatsoever. So if anybody thinks pensated. There is no offer in this bill off physicians in this country and that this act is a straitjacket, the leg- allow them to practice medicine and to give us a system better than the islature is free to change it. continue to heal our land. It is time to jury system. There is an arbitrary Mr. Speaker, I yield 2 minutes to the free doctors from the fear of bank- amount set that even doctors, when gentlewoman from Connecticut (Mrs. ruptcy and potential limitless litiga- they look at it, understand that there JOHNSON). tion that currently hurts patients by is not nearly enough to fully com- Mrs. JOHNSON of Connecticut. Mr. causing doctors to engage in defensive pensate people. Speaker, I thank the gentleman for medicine. yielding me this time, and I rise in This is simply an insurance company Mr. Speaker, I urge my colleagues to bill, an HMO bill, a prescription drug strong support of this legislation. vote ‘‘yes’’ on this bill so people like Yesterday, on this House floor, we manufacturing bill that will limit their Gary Miller do not have to live in fear liability, and in order to try to push it passed legislation that will reduce of losing access to health care again. I medical errors by enabling hospitals through, pits doctors, well-intended urge a ‘‘yes’’ vote so we can get this doctors, against patients, victims. and other providers to develop systems country back on the road to affordable that identify and present errors. In ad- The fact of the matter is this legisla- and available health care for all Ameri- tion should be looking at ways to weed dition, it will enable us to build an cans. interoperable system of technology out undeserving suits so that doctors Ms. JACKSON-LEE of Texas. Mr. that will, for example, eliminate mis- are not exposed to them, while making Speaker, I yield 1 minute to the distin- takes in filling prescriptions. So yes- sure that we preserve a way for people guished gentleman from Washington terday we took a giant step forward to- that are injured to get their full com- (Mr. INSLEE), who knows what it is like ward reforming the very systems that pensation in a fair manner. We have to to have victims denied economic dam- also add into that premium control be- ages under this legislation. will improve the quality of care we de- cause the insurance companies simply (Mr. INSLEE asked and was given liver to the people of America and, at are not a well-run organization, and permission to revise and extend his re- the same time, reduce costs of health that is where the answer is for doctors, marks.) care. improve that with insurance reform. Mr. INSLEE. Mr. Speaker, I think it Today, we need to pass this mal- Mr. SENSENBRENNER. Mr. Speak- is fair to say that this bill itself is a practice reform bill because, again, it er, I yield 2 minutes to the gentleman case of legislative malpractice. It is will reduce costs by eliminating mil- from Indiana (Mr. PENCE). legislative malpractice because it will lions of defensive practices that have Mr. PENCE. Mr. Speaker, I rise in not deliver the goods to doctors in a re- developed in our system simply for the strong support of the Help Efficient, duction of their premiums because purpose of enabling a physician to de- Accessible, Low-cost, Timely there is an outright total and utter fend himself in court. By eliminating Healthcare Act of 2003. failure to deal with insurance reform, those defensive actions, we not only re- As I rise today, in the midst of a con- which the evidence has shown is nec- duce costs but we will improve the tentious debate, Mr. Speaker, I think essary to get a reduction in premiums. quality of care patients have available of my family and my parents. I think We ought to listen to the story of a to them. of the good health that God has so mer- 23-year-old lady named Jennifer, a new- It is ironic that when we are in a pe- cifully given our family over the years. lywed in Washington, who went in for a riod of rapid change in medicine, where I think about this great country of simple medical test and was told she medical science is moving us toward ours and the cutting-edge research of had a rare form of cancer. She had an ever-more sophisticated ways of diag- universities and our hospitals, like extended period of chemotherapy, she nosing and treating illness, we are also those in Muncie and Anderson and had a hysterectomy, and they then reducing access to care through a li- Richmond, Indiana, that I serve here in took out part of her lungs. She went ability system that cannot distinguish Washington. through years of medical procedures between error in a complex era and and the test was faulty. She never had malpractice. So we are at the same b 1330 cancer. time improving the quality of health We undoubtedly have the best health Now, I do not know what the right people can get and denying them access care system in the world, the envy of dollar figure is for a woman’s loss of to that care.

VerDate Dec 13 2002 02:28 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MR7.017 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1845 Ask any woman who has a high-risk and the gentleman from Wisconsin (Mr. tients. Let us stand up for them. Let us pregnancy how hard it is to find an ob- SENSENBRENNER) has 2 minutes remain- do the right thing. stetrician who will take a woman with ing. Mr. DELAHUNT. Mr. Speaker, I yield a high-risk pregnancy because of the Mr. DELAHUNT. Mr. Speaker, it 1 minute, the balance of my time, to cost of malpractice insurance. Talk to pleases me to yield 1 minute to the the gentleman from New York (Mr. those doctors who are leaving practice gentleman from Ohio (Mr. RYAN), a NADLER), who serves admirably on the or who are choosing to no longer do new Member and someone we are par- Committee on the Judiciary. certain high-risk operations and proce- ticularly proud of. Mr. NADLER. Mr. Speaker, one thing dures in order to keep their mal- Mr. RYAN of Ohio. Mr. Speaker, I that has not been remarked upon is practice costs within some kind of rea- thank the gentleman for yielding me that the cap of $250,000 for pain and suf- sonable bounds. Talk to those people this time. fering, whether a baby is killed, a per- out there in the real world who cannot Mr. Speaker, we know that the pre- son is paralyzed for life, an old person see enough new patients to pay their miums are high, and we know the doc- is killed, regardless, aside from eco- gigantic malpractice preimum in- tors are suffering; but this bill is not nomic damages, they can only get creases, and you cannot help but con- going to address the problem. And I $250,000. But that cap is not inflated. clude that malpractice costs have got- would like to just take a minute, Mr. When that was first written in 1975 in ten so out of control, they are now de- Speaker, to point out some of the in- California, $250,000 was worth what nying access to people in America to consistencies from the majority party, today is worth $1.6 million. The $250,000 advanced health care. the party that says we need to give all now is worth what was then worth less Ms. JACKSON-LEE of Texas. Mr. the power to the States. In this bill than $39,000. Speaker, I wish this bill would help they are taking power away from the If there is no inflater put into this cure that problem. States. This is the party that says we bill, and the Republicans in committee Mr. Speaker, I yield 1 minute to the are for individual responsibility, unless voted against it, except a couple of gentlewoman from California (Ms. that individual is in the jury box, then them, and they would not let me bring LINDA T. SA´ NCHEZ), one of our newest we do not want to give it to them. This it onto the floor, then what we are Members, and a new member on the is the party that is for less government really saying is people should get no Committee on the Judiciary, who we and less regulation, but at the same recovery at all for pain and suffering are very proud to have because she has time they are putting price controls on and lifelong anguish and death and dis- been a real fighter for patients’ rights. attorneys. That is not free market. memberment. None. Only for lost Mr. Speaker, I ask unanimous con- Like a leading malpractice insurer in wages, if they are workers, or for med- sent that the gentleman from Massa- California said, I do not like to hear in- ical bills. Because eventually that is chusetts (Mr. DELAHUNT) be allowed to surance company executives say it is what this $250,000 will be worth, next to manage the balance of the time on the the tort system. It is self-inflicted. nothing. minority size. That, in this bill, is not going to ad- Finally, on frivolous lawsuits. On The SPEAKER pro tempore (Mr. dress that problem. contingency fees you cannot bring friv- SIMPSON). Is there objection to the re- Mr. Speaker, I am afraid that all the olous lawsuits, which is why this bill quest of the gentlewoman from Texas? faces and the names have turned to does not mention it and why talking There was no objection. numbers in Washington, DC. This is about it is so dishonest. Ms. LINDA T. SA´ NCHEZ of Cali- not the answer. Real people are going Mr. SENSENBRENNER. Mr. Speak- fornia. Mr. Speaker, I thank the gen- to get hurt. We would like to welcome er, I yield myself the balance of my tlewoman from Texas for yielding me everybody back to the era of caveat time. this time, and today I rise in opposi- emptor, or buyer beware. Mr. Speaker, I have been listening in- tion to H.R. 5. Mr. DELAHUNT. Mr. Speaker, I yield tently to this debate. Many of my There is no doubt that most Ameri- 1 minute to the gentleman from Texas friends on the other side of the aisle cans have real problems accessing af- (Mr. SANDLIN), the chief deputy whip of apparently have not been listening at fordable health care in this country, the Democratic Caucus. all to the debate, and I just want to and we need to find a solution. How- Mr. SANDLIN. Mr. Speaker, some- rebut a couple of their points. ever, H.R. 5 is a deplorable bill. It is body in this Chamber needs to stand up First, they say this will not reduce the most simplistic method for ad- for the doctors and somebody needs to insurance premiums. They were right dressing problems that we are experi- stand up for the hospitals. Malpractice in that it will not reduce insurance encing with our medical community. It premiums are choking America’s phy- premiums by law, but the CBO says is akin to trying to put out a forest fire sicians, and H.R. 5 is nothing but a that overall insurance premiums will with a squirt gun. sham because H.R. 5 does not mention be reduced by 25 to 30 percent and more Placing a cap on a victim’s recovery one time, from front to back, soup to in States where there is a greater prob- will not magically keep medical mal- nuts, does not ever even mention mal- lem. That is the market working. That practice insurance rates from rising. It practice premiums. We need to do is the economics working on it. But will not keep trauma centers from clos- something about those premiums for those premiums are not going to be re- ing. It will not keep specialists from the doctors. We need to do it now. We duced if the current law stays where it practicing in their areas. H.R. 5 simply need to do it today. H.R. 5 will not do is. restricts injured patients’ access to it. Then we have heard time and time justice. It is modeled after a California And how about frivolous lawsuits? again about $250,000 in noneconomic law affectionately known as MICRA. Frivolous lawsuits need to be ended. If damages. This bill gives each State the As a representative from California, I a suit is filed with no basis in law or in right to adjust that amount to a great- happen to know a lot about MICRA. fact, it should be dismissed at the cost er or a lesser amount. So the State leg- MICRA’s caps on pain and suffering of the plaintiff and the plaintiff should islatures can make a determination on damages have not reduced insurance be sanctioned. But what does H.R. 5 whether $250,000 is proper or not. If rates for doctors in my State, but rath- says about frivolous lawsuits? It does they fail to do so, then the $250,000 in er it took Prop 103, an insurance re- not say one thing. That is a shame. the HEALTH Act is the law for that form initiative, to stabilize the rates That is outrageous. State. there. We are only talking about benefits H.R. 5 without insurance reform is for insurance companies. We are talk- b 1345 meaningless, and I urge a ‘‘no’’ vote. ing about caps. The only people pro- Finally, we have heard ‘‘Physician, Mr. DELAHUNT. Mr. Speaker, would tected are insurance carriers. The only heal thyself,’’ and that a small number the Chair indicate how much time is people celebrating today are executives of physicians are responsible for the remaining? in tall buildings owned by insurance vast majority of malpractice claims. The SPEAKER pro tempore. The gen- companies. Let me say that the current tort liabil- tleman from Massachusetts (Mr. This is not good for doctors, it is not ity system provides a huge disincentive DELAHUNT) has 3 minutes remaining, good for hospitals, it is not good for pa- for doctors to talk about problems

VerDate Dec 13 2002 02:28 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.059 H13PT1 H1846 CONGRESSIONAL RECORD — HOUSE March 13, 2003 amongst themselves and to get the col- One wife and children were here talk- level which has been experienced lective benefit of a number of doctors’ ing about how the husband and father across the country. The other side of opinions on how to treat a patient. was in a horrible automobile accident the aisle have been debating whether There has been a study that asked, and went to the hospital, only to find this will reduce insurance premiums. I ‘‘Generally speaking, how much do you out the neurosurgeon who should have tell them, go to CBO. CBO has esti- think the fear of liability discourages been there to help him had lost cov- mated a 25 to 30 percent reduction in medical professionals from openly dis- erage 4 days earlier and was no longer insurance costs across America if we cussing and thinking about ways to re- at the hospital to service them. That pass H.R. 5. duce medical errors?’’ Mr. Speaker, 59 gentleman suffers massive brain dis- Mr. Speaker, guess what, my State percent of the physicians replied, ‘‘A abilities as a result of not having some- will not get that benefit. We already lot.’’ one there to serve him. have the benefit of lower premiums be- If we pass this law, we will be seeing Many pregnant women look forward cause of reforms like this. Those pre- more collectively doctors’ brains put to a natural childbirth, only to find out mium reductions will go to States that together to deal with difficult cases, to that doctors are increasingly recom- do not have the benefit of a State law talk about mistakes and make sure mending C-sections, and doctors who like California and Louisiana. There- they do not happen again. This bill deliver babies are getting out of the fore, the reductions in premiums are should be passed. I urge an aye vote on business because they cannot afford likely to be higher in those States the bill. the skyrocketing liability coverage where there are no caps on liabilities. The SPEAKER pro tempore (Mr. policies that they need. One final thought. For those Mem- SIMPSON). Without objection, the gen- 60 Minutes did a piece on one of those bers that are arguing that we are some- tleman from Ohio (Mr. BROWN) will doctors who gave his whole life, his ca- how capping the entire liability award, control the time for the gentleman reer to delivering babies. He cannot do we are doing what California did with a from Michigan (Mr. DINGELL). it any more. He is doing prenatal work Democratic governor and a Democratic There was no objection. now because he cannot afford the awful legislature: We are only capping the The SPEAKER pro tempore. The cost of liability coverage. noneconomic damages. That is the only Chair recognizes the gentleman from So not only are these doctors harmed thing we are capping. We are capping it Louisiana (Mr. TAUZIN). because they cannot practice the pro- at $250,000, but we are telling California Mr. TAUZIN. Mr. Speaker, I yield fessions they love and worked so hard and Massachusetts and Louisiana, or myself such time as I may consume. to learn, but the patients that come to any other State in the Nation, if they Mr. Speaker, I rise today in strong them are increasingly being harmed. do not like that cap, they can adopt support of H.R. 5. I am joined by every Doctors are moving from one commu- their own cap. They can adopt a higher major medical association representing nity to another, moving to States that or lower cap. This legislation preserves the doctors of America across this have liability protection because they for the States the right to adopt the country and across the very specialty have learned that they cannot afford cap that works for them. organizations that are so deeply af- the liability coverage in the commu- But this legislation for the first time fected by the rising cost of medical nity they were raised and educated in. will say to everyone in this country, malpractice insurance that many of They have to move from Mississippi to we are all entitled to have a health them are leaving the practice that they Louisiana, for example, and Mississippi care professional available to us when were trained to do. loses the availability of those good we need it who otherwise would not be I thank the gentleman from Pennsyl- physicians. here because of a liability system that vania (Mr. GREENWOOD) and the gen- Those hidden victims, patients who is so broken that it drives decent tleman from California (Mr. COX) for cannot get care, who suffer from a lack health care workers out of business and drafting this legislation. I certainly of access to health care, are just as out of their professions at our loss. Mr. Speaker, this legislation has to thank the gentleman from Wisconsin real, just as injured as any victim who get passed and has to get passed soon. (Mr. SENSENBRENNER) and the staff of has been injured by medical error or I urge Members to adopt this legisla- the Committee on the Judiciary for malpractice in this country. We have tion today. working so closely with the staff of the to do something about this. It is a bro- Mr. Speaker, I reserve the balance of Committee on Energy and Commerce ken system. When the health care sys- my time. to advance the cause of this very im- tem breaks down, it is our responsi- Mr. BROWN of Ohio. Mr. Speaker, I portant bill. bility to make sure that we fix it, and yield myself 3 minutes. We will hear many stories today we fix it so it does not just work in Mr. Speaker, I want Members on both about the victims and how they are California or Louisiana, it works sides of the aisle to be aware of three harmed in the health care system. And, across America. unanswered questions about H.R. 5. of course, we cannot dispute the fact Our families are spread all over. My First, if the authors of this bill are that many doctors make human errors. children are living in all kinds of sure that it will reduce and stabilize In fact, yesterday we indicated that States. I want them to be able to walk medical malpractice premiums, why the To Err Is Human report encouraged into a hospital and find somebody are insurers accountable for producing us to pass a medical errors bill, which ready to serve them. I do not want that result? we passed yesterday on the floor, which them to walk into a hospital in Mis- During the medical malpractice de- is designed to begin sharing informa- sissippi and find out a needed doctor is bate in Ohio, insurers said they do not tion to reduce the number of those er- not there. That is the task we have be- know whether premiums would come rors and to make sure that doctors are fore us today. As we move this legisla- down. During a recent hearing in Penn- not hauled into court every time they tion forward, we will complete the task sylvania, the actuary witness said he help one another when trying to reduce we started yesterday, on the one hand could not say whether premiums would the number of errors in the system. beginning to cure that awful problem come down. Even Sherman Joyce, We know there are victims of med- of medical errors within the system, President of the American Tort Reform ical errors, but we do not often hear errors which produce injury, and recov- Association said, ‘‘We cannot tell you about the victims of the medical mal- ery is possible under our legal laws; or anyone that the reason to pass tort practice system gone awry. They are and, secondly, to make sure that the reform would be to reduce insurance the victims who get denied access to legal liability system is fixed. rates.’’ health care in very critical moments What are we doing here? We are rec- We are voting on a bill that overrides because some doctor could not get his ommending to the Congress and to the State law and undercuts compensation insurance renewed because premiums Nation nothing more, nothing less than for victims of medical malpractice, yet were too high, some doctor left the the experience of the great State of we do not know whether medical mal- practice, some medical clinic, some in- California, which in 1975 adopted the practice premiums will come down. stitute closed down in the community, law upon which H.R. 5 is based, a law California passed tort reform in 1975. the stories we heard from victims yes- which has kept liability premiums in Medical malpractice premiums contin- terday here in Washington, D.C. California at one-third the increase ued to go up. Not until California 13

VerDate Dec 13 2002 02:28 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.062 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1847 years later demanded a reduction in today. We will hear many reasons economic damages as pain and suf- premiums with insurance reform did today why this is a problem that needs fering and imply that they are less im- the situation improve. Yet insurers to be dealt with but some reason about portant than economic damages. The have zero, no obligation under this bill. why is not the time. Now is the time to true definition of noneconomic dam- We are supposed to take it on faith deal with this issue. Now is the time to ages are those damages that are real, and trust the insurance companies that put patients first, to see that our deliv- permanent harms that cannot easily be they will pass along the savings. Ap- ery system begins to function again. quantified or measured in terms of parently we cannot trust patients, can- There are a dozen States that are in money, such as blindness, physical dis- not trust juries, cannot trust lawyers, crisis mode and a dozen others that are figurement, loss of fertility, loss of a but we can trust the insurance indus- about to get there. limb, loss of mobility, loss of life, or try. The gentleman from Louisiana (Mr. loss of a child. These are horrific My second question is: Why is there TAUZIN) mentioned the people we had losses; and under this bill, they are no single insurance reform in this bill? in town yesterday to talk about the capped at $250,000. The authors of H.R. 5 refer again and importance of this bill, the two fami- I offered an amendment to remove again to MICRA. The gentleman from lies that were here talking about what the antitrust exemption for insurance Louisiana (Mr. TAUZIN) did, other had happened to their families, not be- companies. If this bill is truly designed Members will. MICRA is the California cause they were in some isolated spot to address the insurance crisis in this law that sets a quarter-million-dollar where one would assume care would country, how is it that it does not con- liability cap. Members know it was not not be available, but care was not tain a single provision about insur- MICRA that brought down premiums available because we do not have this ance? The insurance industry is the in California, it was insurance reforms situation under control. last industry left in the United States 13 years later. Malpractice insurance We had one family, a mother, a wife, that is not subject to antitrust laws. If premiums rose 450 percent after MICRA two teenage children whose husband we really want to bring insurance rates went into effect, and only when Cali- and father is no longer able to care for down well, we must make insurance fornia established a prereview of rate that family because instead of care companies subject to government regu- increases and automatic rollback of ex- being available, as it would have been lation and competition and subject to cessive premiums did the doctors get just months ago minutes from the acci- our antitrust laws. any relief, yet this bill has no insur- dent, care was now available 6 hours Everyone in this House of Representatives ance reforms, no premium rollback. later because that person had to be believes that something needs to be done Why? The insurance industry does not moved. about the skyrocketing costs of medical mal- like it. We had one person talk about her dad practice insurance. The majority of our Nation’s doctors are The third question is if H.R. 5 is a re- in Las Vegas, Nevada, one of the fast- hard working and professional, and serve their sponse to spiking medical malpractice est growing communities in the coun- patients to the utmost of their ability. Only a insurance premiums, something we try, was in a car accident and could not few—a small minority—of doctors are bad ac- want to do something about and our get care because the trauma center had tors, who act in negligent or irresponsible substitute bill does, why does this bill just closed because of this problem. ways. shield HMOs, shield drug companies, That family’s father is gone. But the reality is that this bill will not help shield medical device manufacturers, Mr. Speaker, any of us who vote on our nation’s responsible and hard-working and shield insurance companies from this legislation today could find our- doctors. It does not address the high insur- liability? It might have something to selves, no matter how urban and con- ance rates or the plight of our doctors. Only do with the fact that those industries centrated the area we are traveling to the Conyers-Dingell motion to recommit will have given tens and tens and tens of in the next few days would be, in the accomplish these goals. I believe that the millions of dollars to Republican can- situation of those families. Conyers-Dingell bill is a targeted and positive didates. The majority bristles at the b 1400 measure to address malpractice insurance in notion that the curious omissions from Or we can see those we love and care this country. this bill have something to do with H.R. 5, on the other hand, is a boon to about, no matter how we think they helping their friends, the drug compa- HMOs, to drug companies, and to medical de- would be in imminent contact with nies, the insurance industry, the HMOs vice manufacturers, who receive the bill’s pro- health care, find that health care was and the medical device industry. tection from damages without any justification. not available because we have not dealt Mr. Speaker, if the majority wants I cannot understand why a bill that is sup- with this problem. Today we have a Democrats and the American public to posedly designed to help our Nation’s doctors chance to do that. Chairman GREEN- stop accusing them of catering to their would include these other groups—except to WOOD and Chairman TAUZIN and our corporate friends, then maybe the ma- provide them with an unjustified windfall. friends on the Committee on the Judi- jority should stop catering to their cor- H.R. 5 is totally misguided—it does not ad- ciary brought this bill to the floor. It is porate friends. Then we could write a dress insurance costs for doctors—instead it a bill we need to pass today. I am bill that will help doctors, then we caps those meritorious lawsuits where a judge pleased we have this opportunity. could write a bill that will help pa- or a jury has found for the victim. tients. This bill simply is not it. Mr. BROWN of Ohio. Mr. Speaker, I H.R. 5 puts a cap of $250,000 on non- 1 Mr. Speaker, I reserve the balance of yield 1 ⁄2 minutes to the gentleman economic damages. Many dismiss non- my time. from Michigan (Mr. STUPAK), who cares economic damages as being pain and suf- Mr. TAUZIN. Mr. Speaker, I yield about patients and physicians. fering, and imply that these are less important myself 30 seconds. Mr. STUPAK. Mr. Speaker, I thank than economic damages. Mr. Speaker, we would not help this the gentleman for yielding me this The true definition of noneconomic damages debate by arguing that the other side is time. The majority of our doctors are are those real, permanent harms that cannot catering to trial lawyers. That is not hardworking and professional and serve be easily quantified or measured in terms of going to help this debate. Let us argue their patients with the utmost ability. money. on the facts for a change. Only a few doctors are bad actors who Noneconomic damages include blindness, The gentleman from Ohio (Mr. act in negligent or irresponsible ways. physical disfigurement, loss of fertility, loss of BROWN) may not agree with what hap- But the reality is that this bill will do a limb, loss of mobility and the loss of a child. pened in California, but this is what nothing to help doctors. It does not ad- These are horrific losses—and under this bill Senator FEINSTEIN said. ‘‘I believe dress the high insurance rates or the they are capped at $250,000. MICRA is the reason rates have gone plight of doctors. H.R. 5 is totally mis- And not only are they capped at this down.’’ That is a California Senator guided. It does not address insurance amount, but because this bill does not even talking about her State. costs for doctors. Instead, it caps meri- allow an annual adjustment for inflation, each Mr. Speaker, I yield 2 minutes to the torious lawsuits where a judge or jury year that $250,000 will lose more and more of gentleman from Missouri (Mr. BLUNT). has found for the victim. its value, and be worth less and less. Mr. BLUNT. Mr. Speaker, I am H.R. 5 puts a cap of $250,000 on non- I offered an amendment at the Rules Com- pleased to see this bill on the floor economic damages. Many dismiss non- mittee to allow an adjustment for the rate of

VerDate Dec 13 2002 02:28 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\K13MR7.064 H13PT1 H1848 CONGRESSIONAL RECORD — HOUSE March 13, 2003 inflation, but my amendment was not made in cine; they have all these tests, just tech care, and protecting those who don’t order. I cannot believe that even this small simply to protect themselves. He ad- from unnecessary interventions. I’m also and reasonable adjustment to help victims mits he is hustling through all these known for taking time to listen and explain. patients like cattle. He cannot give I don’t have my hand on the doorknob while was denied. a patient is trying to talk. I also offered an amendment to remove the them the attention they need. So now antitrust exemption for insurance companies— he is giving unnecessary tests. Last year his insurance premium increased that too was denied. If this bill is truly de- In the end, we need this bill. That is from $30,000 to $70,000. How does he pay? signed to address the insurance crisis in this why I am an original cosponsor of H.R. Now has to see more patients, and spend less country, how is it that it does not contain one 5. time. ‘‘I’m now having to talk patients into ‘‘de- single provision about insurance rates for doc- I rise as an original cosponsor of, and in fensive medicine’’ tests they don’t need, just tors? support of H.R. 5. This bill would help curb so I can protect myself. I am beginning to Democrats offered an amendment to require some of explosive noneconomic damage hustle my patients through like cattle, to see that insurance companies should pass on 50 awards in medical liability cases, and resultant enough to pay the bills. So this friendly coun- percent of the amounts that they save as a re- soaring malpractice insurance rates that law- try doctor known for using clinical judgment, sult of this bill to doctors in the form of lower suits have been spurring. and providing efficient, cost-contained, appro- premiums. This would be a true way to ensure Physicians in my home state of Florida, priate care, and known for taking time, is now relief to doctors. Of course, this amendment among other states, are already in a state of talking patients into unnecessary tests (which was denied. crisis, as evidenced by the ‘‘walk-out’’ earlier is running up costs), and hustling them Medical insurers are the only industry left in this year. through.’’ America that is not barred from getting to- Dr. W. Herman Sessions of the Family Pass H.R. 5. gether and setting rates. If we really want to Practice Associates in Orange Park, FL, wrote Mr. BROWN of Ohio. Mr. Speaker, I 1 bring insurance rates down, we must make in- to me recently that his practice is considering yield 1 ⁄2 minutes to the gentleman surance companies subject to government exiting. He wrote, from New Jersey (Mr. PALLONE). Mr. PALLONE. Mr. Speaker, I just regulation, to competition, and to antitrust law. I am telling my female patients to get This bill will do nothing to help our doctors. their mammograms this year because I feel want to explain how this bill helps Statistics have shown that even where caps that we are not going to be having mammo- HMOs and hurts those patients that are exist, premiums are still inflated. grams read in the state of Florida next year. victims of HMOs. Many of us for the For example, my own state of Michigan has A radiology friend told me that it was at the last 4 years on a bipartisan basis tried a cap in medical malpractice cases of last minute that they were able to obtain in- to push a patients’ bill of rights that $280,000 on noneconomic damages, with surance to read mammograms. He told me basically would say that if you are de- that he is not certain that when their policy some limited exceptions. nied care by your HMO, you can go to expires in one year that they will be reading an outside maybe administrative agen- Neighboring Illinois has no cap on non- mammograms without some sort of resolu- economic damages in these cases. Yet, the tion to the liability crisis. cy and then finally can go to court and average liability premium in internal medicine We have had difficulty recruiting physi- sue because of the denial of care and is 1⁄3 higher in Michigan than the premium is cians to our hospital because nobody wants what the consequences of that were in Illinois. to practice in the state of Florida with our and actually get damages from a jury I support our Nation’s doctors and I want to liability problem. These physicians are sur- or a judge. This bill would kill that. help them in the crisis they are facing. But vot- geons and surgical subspecialists. Our local In many States, as well as in some ing for H.R. 5 and its misdirected caps will not neurosurgeon obtained liability insurance on Federal courts right now, patients have the very last day of the year and he is able been given the right to sue an HMO, provide that help, and I cannot support this to practice for the calendar year of 2003. I bill. asked him what his plans are for 2004. He which is exactly what we were trying Mr. TAUZIN. Mr. Speaker, I am told me that he will either retire, do strictly to do here in Congress when we sup- pleased to yield 11⁄2 minutes to the gen- office consultation and no surgery, or move ported a patients’ bill of rights. But tleman from Florida (Mr. STEARNS), to another state. this bill says, no, you are not going to chairman of the Subcommittee on And my constituent Johnny Beach from Bell, be able to do that anymore because it Commerce, Trade and Consumer Pro- Florida, a young, married University of Florida limits your ability to recover non- tection of the Committee on Energy senior worries about his wife’s access to OB/ economic damages as well as punitive and Commerce. GYNs. damages against an HMO or another Mr. STEARNS. Mr. Speaker, I am Importantly, this legislation rightly does not private insurance company. here to give a clear example from my cap economic damages, so that the tort sys- I think there is a great deal of hypoc- home congressional district, a Dr. Jo- tem can continue to protect patients from mal- risy here. There are Members on the seph Hildner, a board-certified family- practice as intended. I am pleased to cospon- Republican side of the aisle that have practice specialist in Belleview, Flor- sor this bill, and urge its passage. said for years that they want to expand ida. He had a patient that was over- Joseph Hildner, M.D., a board-certified Fam- victims rights if they have been denied weight and smoked too much. He never ily Practice specialist in Belleview, FL, writes: care or hurt in some way by an HMO, followed the doctor’s advice, missed ‘‘We had a patient who is an obese smoker. but they turn around today and they many appointments all the time, and Never followed our advice, missed many ap- pass this bill which they are going to failed to take blood pressure prescrip- pointments, failed to fill blood pressure pre- pass which basically limits those vic- tions. Suddenly the patient gets a scriptions. Patients suffered a heart attack, tims and their ability to sue an HMO heart attack, right? Then he sues be- then sued for failure to arrange a stress test.’’ even though the State courts and even cause he was not cared for. The trial The trial attorney simply identified anything though a lot of the Federal courts are attorney simply identified anything that might have been done, declared that to now expanding victims’ rights to sue. that could have been done, declaring be the ‘‘standard of care’’, threatened to sue What we are doing here is preempting that no standard care was done for this for higher than the doctor’s coverage limits, the State law. If a State says, as mine patient by Dr. Hildner. then settled for less. Even with a 90 percent in New Jersey says, that you can sue Obviously, Dr. Hildner tried to settle chance of winning, a physician can’t take the an HMO, this bill comes in and says, this thing because the doctor felt that chance of going to trial and losing: the ‘‘ex- well, you can do it only under very lim- he would go through long litigation. As cess verdict’’ would allow for seizure of his ited circumstances. You cannot come it turns out, the lawyer was suing well own personal assets. So the doctor settles. here and say that you care about the above the amount of money that the Actual negligence need not occur; an attorney victims. You do not care about the vic- insurance company had for his patient. only has to do is allege negligence. tims not only because you are putting This is just an example. So what hap- But citizens of Belleview lose. Dr. Hildner is a cap on them of $250,000 but you are pens to Dr. Hildner? His premiums go known for excellent clinical outcomes at con- not even going to let them sue the from $30,000 to $70,000. How does he trolled costs. He says, HMO in a fair way. pay? How do the doctors in this coun- I’ve always enjoyed the art of medicine in Mr. TAUZIN. Mr. Speaker, I am de- try pay? They start to hustle through which I get to practice clinical judgment. As lighted to yield 2 minutes to the gen- more patients and more patients. They a primary care physician, I am a shepherd, tleman from Florida (Mr. BILIRAKIS), practice what is called defensive medi- getting those who need it expensive high chairman of the Subcommittee on

VerDate Dec 13 2002 02:28 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MR7.018 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1849 Health of the Committee on Energy It will not do a single thing to reduce They do not gouge their customers; and Commerce, who has done such frivolous lawsuits. There is nothing in they do not collude with one another, great work on this bill. this bill that will reduce frivolous law- because they are the doctors. They are Mr. BILIRAKIS. Mr. Speaker, I suits. not doing anything to raise rates or to thank the gentleman for yielding me So, Mr. Speaker, what should we do hold rates up high. They are doing ev- this time. I, of course, rise in support to address this situation? In Pennsyl- erything to push rates down. Guess of H.R. 5. I believe that the sensible re- vania, we have just recently last year what? They cannot offer lower pre- forms contained in this bill will go a passed three laws that I believe are mium prices than commercial insurers. long way toward alleviating the med- going a long way to address the prob- So if your whole thesis here is, oh, ical liability insurance crisis many lem. Number one, Pennsylvania has those insurance companies, they are States are facing and will also help pre- prohibited venue shopping for over- overcharging, they are gouging, they vent future crises from occurring. sympathetic jury pools. We have estab- are colluding, explain to me, I beg you, On Tuesday of last week, the Energy lished tough sanctions against lawyers stand up and explain to me why it is and Commerce Subcommittee on who filed frivolous suits. We have re- that the physician-owned companies Health, which I chair, approved H.R. 5, formed joint and several liability pro- are in the same boat and are not able which was subsequently approved by visions to ensure all liable parties are to provide affordable coverage? the full committee on Thursday. In truly responsible for their fair share of The gentleman from New Jersey (Mr. both cases, approval was by voice vote. the judgment. We have established PALLONE) talked about shielding phar- The severity of the current crisis has strict new standards for expert wit- maceutical companies, shielding necessitated that we act now. I would nesses. We have allowed courts to re- HMOs, device companies from lawsuits. note that our committee has held nu- duce verdict amounts if the award will This bill does nothing of the kind. If a merous hearings over the past year to adversely impact access to health care. pharmaceutical company is guilty of explore this issue and consider poten- We have imposed a 7-year statute of making bad medicine or overcharging tial solutions. limitations on filing of claims, and we medicine, they will be liable for mil- That is why I continue to be dis- have required insurers to offer patients lions of dollars, untold millions of dol- appointed with the rhetoric sur- safety discounts to medical facilities lars for economic damages. There is no rounding this debate. As chairman, I with good track records. shield whatsoever. had wanted to focus a good deal of our These are the types of reforms that Then finally let me say this. We have last subcommittee hearing on how the will help deal with the situation. Put- heard over and over again from the op- insurance industry sets medical liabil- ting a $250,000 cap on noneconomic ponents of this legislation, it does not ity insurance premiums. In fact, the damages disproportionately hurts poor really help doctors. Let us see who sup- majority invited both the American people. These damage awards, they are ports it: the American Medical Asso- Academy of Actuaries and the Physi- not the cause of the problem. Two- ciation, the American Association of cian Insurers Association of America thirds of patients who file claims re- Neurological Surgeons, the American to come testify at our hearing. Unfor- ceive nothing. Only 7 percent of these Association of Nurse Anesthetists, the tunately, in spite of all the rhetoric on cases go to court. Let us not cap dam- American Association of Orthopedic insurance, unfortunately the minority ages on people who can least afford it. Surgeons, the American Association of did not invite any insurance witnesses. Let us let States like Pennsylvania Thoracic Surgery, the American Asso- Instead, they once again played poli- enact meaningful reforms like we have ciation for Vascular Surgery, the tics, including inviting a witness to already done. American College of Cardiology, the discuss something called Proposition Mr. TAUZIN. Mr. Speaker, I am de- College of Chest Physicians, the Col- 103, which he claimed is the real reason lighted to yield 3 minutes to the gen- lege of Emergency Physicians, the Col- why California has been largely insu- tleman from Pennsylvania (Mr. GREEN- lege of Nurse Midwives, the College of Nurse Practitioners, the California lated from the current crisis. That WOOD), chairman of the Subcommittee struck me as somewhat odd, consid- on Oversight and Investigations of the Medical Association. Every doctors’ ering that the organizations working Committee on Energy and Commerce group in America supports this legisla- to defeat H.R. 5 never mentioned this and the author of this legislation. tion. So do not stand up with a straight ballot initiative during our debate on Mr. GREENWOOD. Mr. Speaker, I face, opponents of this legislation, and H.R. 4600 in the last Congress, even thank the gentleman for yielding me this time. I would like to respond to tell us that the doctors are not smart though this initiative passed in 1988. enough to figure out that this is ex- What this tells me is that many peo- some of the arguments made by the op- actly the prescription that they need. ponents. First off, there has been this ple would rather play politics than Mr. BROWN of Ohio. Mr. Speaker, constant drumbeat of accusations that work towards a real solution. I respect understand that physician-owned com- that some Members may feel that it is somehow this legislation does not pro- panies are still companies that prac- never appropriate to place any limit on vide the care and the coverage for tice business the way other business- subjective, unquantifiable, non- those who are harmed. Let us say it for men and women do. economic damages regardless of the the 15th time: this bill allows anyone Mr. Speaker, I yield 2 minutes to the cost to the health care system. How- who is injured by a doctor or a hospital gentleman from Michigan (Mr. DIN- ever, I do not respect those who will do or any other health care entity the GELL), the ranking Democrat on the or say anything to derail this process. ability to recover every single penny of full Committee on Energy and Com- I am voting for this bill because by economic damages, all their medical merce. doing so I am moving us one step closer care, all their lost wages, lifetimes of (Mr. DINGELL asked and was given to a solution. The medical community lost wages. There are cases over and permission to revise and extend his re- and the patients they serve demand it. over again in the State of California marks.) Mr. BROWN of Ohio. Mr. Speaker, I that has this legislation in place where Mr. DINGELL. I thank the gen- yield 11⁄2 minutes to the gentleman there are awards of $50 million, $80 mil- tleman for yielding me this time. from Pennsylvania (Mr. DOYLE), who lion, et cetera. Plenty of money for the Mr. Speaker, we are witnessing a has stood up for patients and doctors victims to cover their needs. sorry spectacle today. Not only are we alike. Secondly, there is this drumbeat that denied opportunity to properly debate Mr. DOYLE. Mr. Speaker, I represent this is really about the insurance in- but also to properly amend. And the Pittsburgh, Pennsylvania; and in the dustry. Why are we not regulating the doctors are being herded along in front great State of Pennsylvania, doctors insurance industry? Listen carefully. of the HMOs and the insurance compa- are paying way, way too much for mal- Sixty percent of the physicians in this nies, because those insurance compa- practice insurance. It is a crisis, and country buy their medical liability in- nies and HMOs are the beneficiaries of they need some immediate relief. Un- surance from physician-owned compa- this legislation, not the doctors. fortunately, the bill we have before us nies. Those companies exist for one The Republican bill does nothing to today will do nothing to give any doc- purpose, and that is to keep the price limit frivolous lawsuits. It does, how- tor in my State any immediate relief. of medical liability insurance low. ever, limit responsible lawsuits. The

VerDate Dec 13 2002 04:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.068 H13PT1 H1850 CONGRESSIONAL RECORD — HOUSE March 13, 2003 Republicans would restrict the rights care system. It is taking doctors out of constitutional concept of federalism to the ex- of doctors by protecting HMOs, not by emergency rooms. It is preventing treme by severely limiting the traditional rights assuring that HMOs are subject to the women who are trying to deliver babies of plaintiffs seeking damages, a matter that discipline of the court. from having OB/GYNs available. There should not be decided by Congress because b 1415 are not enough neurosurgeons to pro- it proposes tort reforms that are traditionally, vide emergency care. and possibly constitutionally, areas to be de- Republicans limit awards for meri- In Florida, the Orlando Regional cided by state legislatures and state courts. torious claims. Republicans impose Medical Center, which serves 33 coun- Twenty-five states including Missouri cap hurdles on aggrieved patients. ties, is planning to close its Level 1 non-economic damages to victims. The aver- This is an outrageous piece of legisla- trauma unit this month. Patients with age Missouri award is $81,000 well below the tion. It is brought to the floor under serious head and neck injuries will $250,000 cap presented in H.R. 5, as well as outrageous proceedings. Thirty-one have to be diverted to other hospitals. Missouri state law. Twenty states courts have Members have asked for opportunities But in Florida those other hospitals in ruled that caps on damages are unconstitu- to offer amendments. They were de- Tampa and Jacksonville, those trauma tional. H.R. 5 enacts a statute of limitations nied. We are not even given a chance to units are already overcrowded. The which 18 state courts have ruled unconstitu- offer a substitute to this legislation. reason patients, particularly poor pa- tional. It is inappropriate for Congress to limit I can understand how my Republican tients in Medicaid and in emergency the rights of individuals when state courts colleagues are all looking sheepish and rooms, cannot get care is the liability have ruled that their rights are protected under why they are thoroughly embarrassed. crisis caused by runaway lawsuits. state constitutions. I would be embarrassed if I were en- Doctors and hospitals now spend Missourians Jay and Sue Stratman have a gaged in this kind of practice myself, more on liability insurance than on son, Daniel Lee Stratman, who is only 11 because, quite honestly, it is shameful, medical equipment. The Chicago Trib- years old. In July of 1996 Daniel was checked and it is totally inconsistent with the une reports that in Illinois liability in- into the hospital for ‘‘minor’’ outpatient hernia practices, rules and traditions of the surance premiums are rising 100 per- repair surgery. Daniel was set to be released House of Representatives. It is, indeed, cent or more for high risk specialties. that same evening. Daniel was not released a blow to the heart of the legislative Our intention is that no more patients until November 8 of that year and nothing has process and responsible legislating. It are denied the care that they need be- been the same for either Daniel or his family. is also a bite on the throat of the right cause the doctors who wish to serve Daniel is permanently disabled due to se- to free debate and the right to amend them cannot afford liability insurance. vere brain damage, which was a result of mul- and perfect legislation. The solution, H.R. 5, the HEALTH tiple repeated anesthetic errors during the One of the important responsibilities Act, which I have introduced in this supposedly routine surgery for inguinal hernia of this body is to be able to amend leg- Congress since 1993 and am now co- repair. As a result of the medical errors, Dan- islation, for the House to work its will, authoring with the gentleman from iel has suffered profound neurological damage for us to represent our people, for them Pennsylvania (Mr. GREENWOOD), is including severe cognitive deficits, a de- to hear not only responsible debate, based on California’s law, written by a creased level of awareness, diminished bowel but to know that their will is heard Democratic legislature and signed by and bladder control, and severe gross and fine and that their concerns are met, not Jerry Brown, a Democratic Governor. motor skill injury. He is cortically blind due to only by debate, but by proper use of We have these reforms in our State, the lack of oxygen and perfusion to his brain the amendment process. That is denied and they work. California’s medical li- during surgery. His comprehension level and to us today, and I say to my Repub- ability insurance premiums in constant communication capability have been severely lican colleagues, shame on you. You dollars have fallen by more than 40 per- diminished. Daniel requires 24-hour vigilance have brought shame upon the House of cent, while the rest of the country is in and this will be true for all of his remaining 70- Representatives. You have embarrassed crisis. Injured patients in my State of year life expectancy. me. I hope you have embarrassed your- California receive compensation more The cap in H.R. 5 unjustly penalizes those self. quickly than in the U.S. as a whole. In- individuals without income, like Daniel. Others Mr. TAUZIN. Mr. Speaker, I yield jured patients receive a greater share that fall into that category include: stay-at- myself such time as I may consume. of the recoveries in lawsuits. California home moms and the elderly. When a stay-at- Mr. Speaker, I only want to point out no longer suffers from the flight of doc- home mom dies, or a child dies, or a senior to the House that the substitute of- tors and needed services that we have citizen suffers irreparable harm, there is no fered by the gentleman from Michigan seen in so many other parts of the economic loss because it is impossible to (Mr. DINGELL) in subcommittee and full country. prove damages from loss of income. committee was defeated on a bipar- By passing this legislation, we will By capping punitive damages, H.R. 5 limits tisan vote in full committee of 30 noes bring these California reforms nation- protection for injured patients like Daniel. In- to 20 yeas. wide, making health care more acces- stead the bill before us protects HMOs and big Mr. Speaker, I yield 21⁄2 minutes to sible for patients who are today denied insurance companies from legal responsibility. the gentleman from California (Mr. care. I urge this House to pass the HMOs and big health insurers, who are also COX). HEALTH Act, H.R. 5. big campaign contributors, should not receive Mr. COX. Mr. Speaker, I thank the Mr. BROWN of Ohio. Mr. Speaker, I special treatment under the law. gentleman for yielding me time. yield such time as she may consume to Further, H.R. 5 does nothing to reduce in- We are here today because patients the gentlewoman from Missouri (Ms. surance premiums for doctors—the very thing are losing, many have lost, access to MCCARTHY), a member of the com- Congress needs to address. Currently, med- care. People are dying as a result of mittee and an advocate for patients. ical malpractice insurance rates are rising be- not being able to see doctors in emer- (Ms. McCARTHY of Missouri asked cause insurance companies are squeezing gency rooms. Doctors who have never and was given permission to revise and doctors to make up for investment losses over been sued are quitting the practice of extend her remarks.) the last few years, investment loses most citi- medicine, and talented young men and Ms. MCCARTHY of Missouri. Mr. zens have also experienced. Instead of penal- women are not seeking careers in med- Speaker I rise in opposition to H.R. 5 izing doctors, hospitals and patients Congress icine because of what is happening. and in favor of the motion to recom- should make major reforms to the insurance Today there are billionaire lawyers. mit. industry. There is no such thing as a billionaire Mr. Speaker, I rise today in opposition to I support the Conyers-Dingell motion to re- doctor. All of these billionaire lawyers H.R. 5, a measure which restricts the rights of commit because it rightly focuses on giving have made their money in health care legitimately injured patients harmed by med- Americans quality healthcare and weeding out lawsuits. ical malpractice, restricts the rights of doctors frivolous lawsuits while maintaining the rights The opponents of this legislation in favor of insurance companies and does of patients with legitimate claims, and respect would have us believe that the phe- nothing to curtail frivolous law suits nor re- for the humanitarian doctor’s perform. nomenon of billionaire lawyers is a re- strains insurance rates. I urge my colleagues to oppose H.R. 5 and flection of social justice, but it is not. In addition to trampling on patient rights, this support the motion to recommit to include pa- This money is coming out of our health bill tramples on state’s rights. H.R. 5 takes the tient’s rights and state’s rights.

VerDate Dec 13 2002 02:28 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 9920 E:\CR\FM\K13MR7.070 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1851 Mr. BROWN of Ohio. Mr. Speaker, I ‘‘After a year of failed treatment to His compensation was almost entirely yield 2 minutes to the gentleman from deal with the scarring, essentially I for pain and suffering damages because Maine (Mr. ALLEN), who has pointed lost my entire upper lip, the front of he was retired, no income, did not qual- out in USA Today that the malpractice my nose, the floor of the nose and im- ify for lost wages. premiums are only 3 percent of rev- mediate interior of my nose. I was re- The bill would unfairly limit dam- enue, actually less than the rent that ferred to a specialist in Boston for re- ages for retirees like this former mem- physicians pay. constructive treatment. For these past ber of our Armed Forces and others Mr. ALLEN. Mr. Speaker, this bill three years I have been in a mask cov- who earn no wages, like poor moms and will not reduce health care spending ering my face and I have nasal tubes to children. significantly. If you add up all the mal- stent open my nose for 23 hours a day. Let us protect patients’ rights. Let practice premiums in this country, With my mask on, I can only drink us help those poor people. Let us open they represent one-half of 1 percent of through a straw. My breathing was en- up those trauma centers by really ad- the $1.4 trillion we spent on health care tirely cut off for almost 2 years, and is dressing the issue adequately. This way last year. still not stable due to the scarring in- is the wrong way. I urge my colleagues Now, some States have problems. side my nose. I have to travel to Bos- to oppose H.R. 5 and to support the Maine does not impose caps on non- ton monthly. I have been through eight Conyers-Dingell alternative. economic damages, yet we have com- surgeries and have two to four more Mr. BROWN of Ohio. Mr. Speaker, I paratively low insurance premiums. pending, plus oral surgery and yield 11⁄2 minutes to the gentleman Maine has a mandatory pre-litigation orthodontics. from Houston (Mr. GREEN). screening panel for every medical mal- ‘‘My claim is not frivolous, in spite of Mr. GREEN of Texas. Mr. Speaker, practice case. The panel consists of one the rhetoric of the medical insurance my Ohio colleague could not say Texas. attorney, one doctor and one retired and political spokespersons favoring He just wanted to say Houston. judge. This panel process weeds out the legislation to cap awards for pain and Mr. Speaker, I rise in opposition to frivolous lawsuits and encourages le- suffering at $250,000. H.R. 5, and I am frustrated like a lot of gitimate cases to come to a fairly ‘‘Legislation to cap damages fun- Members, one because we do not have quick resolution. Sixteen other States damentally punishes again the victims an opportunity to have additional have similar screening panels. of these horrendous medical mistakes. amendments. I thank our chairman for States with screening panels should It is astonishing that federally pro- allowing us to let democracy work its be exempt from the cap on non- posed legislation would first target the will in our committee. We had a long economic damages. There is no reason victims of these errors before address- hearing all day. But here on the floor to impose this law on States which ing the errors themselves.’’ we do not have that option. The same have figured out how to deal with this The other one is from a grieving fa- thing happened last year on prescrip- problem on their own. But this bill im- ther of Rabbi Josef Yitzchak tion drugs. It is frustrating. poses a one-size-fits-all Federal rule in Lefkowitz, 28-years-old, who went into We are fighting for democracy all a traditional area of State jurisdiction. the hospital for an adjustment to his over the world, but we do not get to And this bill does something else. bite. In the recovery, the breathing have a voice here on the floor of the This bill sticks individual plaintiffs, tube fell out of his nose, but his jaw House with an alternative. particularly those who are children or was wired shut and they could not find I have a district in Texas, and we unemployed or elderly, with perhaps a wire cutters to open his mouth. He died have a medical malpractice crisis. Of huge lifetime cost because of severe in- an agonizing and painful death. course, we have gone in and out of this juries, instead of sharing those costs These are not lottery winners. These for the last 30 years, but it has been through our insurance system. So, once are not people who won the jackpot. dealt with by our State legislature in again, the Republican majority is basi- They deserve better than H.R. 5. Texas, and literally as we stand here cally saying it is better to stick the Mr. BROWN of Ohio. Mr. Speaker, I today, there is legislation that is out of loss on those who suffer it than to yield 11⁄2 minutes to the gentlewoman the committee on the floor of the share that loss broadly through insur- from California (Ms. SOLIS). House for consideration that will solve ance. Ms. SOLIS. Mr. Speaker, I believe we our problem in Texas where it should A $250,000 cap does not mean $250,000 can all acknowledge that rising med- be dealt with. will ever go to a plaintiff, because they ical malpractice premiums are hurting Thirty-seven States, including my always have expenses and attorney’s doctors and patients. But I heard ear- home State of Texas, are considering fees and all of that. It seems to me that lier from the other side that trauma legislation that would address the mal- this cap is unbelievably low, it is im- centers are closing, and they are clos- practice situation. We do not need Con- posed arbitrarily on States which have ing in Los Angeles. But it is not be- gress to tell us what to do. We can deal figured out another way to deal with cause of frivolous lawsuits, it is be- with it. this problem, it is bad policy, and I cause we have not provided adequate If Congress makes a mistake with urge my colleagues to vote down H.R. reimbursement for Medicaid for those H.R. 5, and I consider it a mistake, it is 5. poor hospitals. That is why, and we are one-size-fits-all, Washington-knows- Mr. BROWN of Ohio. Mr. Speaker, I not even addressing that. best for all 50 States, instead of letting yield 2 minutes to the gentlewoman I have to say, with all due respect, the States deal with it. from Illinois (Ms. SCHAKOWSKY). that the bill will not lower insurance The California experience that my Ms. SCHAKOWSKY. Mr. Speaker, if premiums. Caps in California did not colleagues on the Republican side talk H.R. 5 passes, we will be committing lower premiums. Insurance reform did, about so successful, it was California, legislative malpractice, in my view. Proposition 103, and only slightly, be- as hard as it is for a Texan to say they Listen to my constituents. If you were cause we are still above many other did something good, but it works. We on a jury, you just might feel they de- States in the country. do not need to tell California or Texas serve more than $250,000 for the pain We need to bring insurance providers or any other State what they can do. and suffering they have suffered and to the table and we need to have that They can deal with it, instead of us will suffer. H.R. 5 would take that kind of discussion, not one that talks dealing with it here. right away from you and other citi- back and forth here on the floor. But let me talk about H.R. 5 just a zens. Caps on noneconomic damages un- little bit. It does not deal with medical ‘‘On May 19, 2000,’’ writes my con- fairly penalize children, retirees and errors, we have separate legislation on stituent, ‘‘I went for an outpatient sur- stay-at-home moms. And you know that; it does not stem the tide of frivo- gery. During the surgery, the oxygen why? Because they do not make an in- lous lawsuits; and it does not help us ignited, unbeknownst to the surgeon, come. deal with physician shortages. That is the anesthesiologist and three to four Mr. Ed Whiddon, a retired lieutenant why it should be voted down. other highly-trained medical personnel colonel in the Air Force, was a victim Mr. BROWN of Ohio. Mr. Speaker, I in the room. While the surgery contin- of malpractice at the hands of an anes- yield 1 minute to the gentleman from ued, my entire face was burned. thesiologist who left him a paraplegic. California (Mr. WAXMAN).

VerDate Dec 13 2002 02:28 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.073 H13PT1 H1852 CONGRESSIONAL RECORD — HOUSE March 13, 2003 (Mr. WAXMAN asked and was given tional rule of joint and several liability. States the House without regard to how it will permission to revise and extend his re- cannot allow punitive damages in cases in- hurt victims of negligent practices. marks.) volving drugs and medical devices approved A $250,000 cap on economic damages Mr. WAXMAN. Mr. Speaker, I am by the FDA. disproportionately affects those who do going to put a longer statement in the H.R. 5 also takes the wrong approach to tort not earn a lot of money. Someone with RECORD, but I want to say this, that damages, which are designed to make victims a minimum-wage job or a stay-at-home this bill is a flawed approach. It has a of medical malpractice whole and punish mom or dad cannot place a value on one-size-fits-all approach to every those who have engaged in egregious mis- their work, but a corporate executive State, and it ought to be up to the conduct. H.R. 5 allows unlimited recovery for will walk away with millions in eco- States to decide how to deal with these objectively quantifiable damages, such as lost nomic damages. This is not what we issues. wages or medical bills, but it caps non-eco- should be advocating in the House. California has a law that California’s nomic damages at $250,000. Non-economic Further, the legislation limits the legislature adopted. But California and damages are difficult to quantify, but they statute of limitations to 3 years from other States have jurisdiction over li- nonetheless compensate victims for real inju- the day the injury occurred or 1 year ability laws and licensure of medical ries such pain and suffering, the loss of the from the day the injury is discovered. professionals and disciplining those child, the loss of a limb, or permanent dis- This is not fair. I had an amendment who are conducting malpractice. We figurement. This bill’s cap of $250,000 is clear- which I tried to put forward in the ought not to take this whole thing over ly not enough to make victims whole in every Committee on Rules in the hope that here in Washington. States ought to be case. H.R. 5 also takes the wrong approach to they would allow us an up-or-down able to adopt their own laws. punitive damages, which are capped at two vote on the floor. It was turned down. Secondly, the tort laws are to serve times the amount of economic damages or There are some injuries, for instance, two purposes. First, to make people $250,000. Many wrongdoers protected by this HIV/AIDS or blood transfusions, where whole who are injured. By putting a bill—including HMOs, insurance companies, people do not find out about their inju- cap on damages, it denies individuals and pharmaceuticals—could absorb such a ries for more than 3 years. the ability to be made whole through penalty with absolutely no impact on their bot- So I believe this bill is not the way to the court system. tom line. This defeats the very purpose of pu- go. It should be voted down, and I hope Secondly, the idea of the tort law is nitive damages in our system of justice, which we can come back with good com- to deter future malpractice, and I am is to punish wrongdoers and deter future mis- promise legislation that helps doctors afraid we are not going to deter future conduct. with malpractice rates. malpractice by this legislation. In addition to these problems, this bill is a Mr. BROWN of Ohio. Mr. Speaker, I I want to lastly point out, this bill blatant give-away to special interests. It con- would point out that we will have a goes beyond California law. It gives spicuously ignores the business practices of motion to recommit, since the major- special treatment to HMOs, to pharma- insurance companies, which are certainly a ity would not allow us any other ceutical manufacturers and medical de- cause—if not the primary cause—of the med- amendments of the 31 requested. vice manufacturers in a way that is ical malpractice insurance crisis. And the bill Mr. Speaker, I yield 11⁄2 minutes to completely inappropriate through an gives special liability protection to large, profit- the gentleman from Massachusetts FDA approval process that then insu- able corporations such as MHOs and the (Mr. MARKEY). lates them from liability for punitive manufacturers, suppliers, and distributors of Mr. MARKEY. Mr. Speaker, this bill damages, which I think is way out of drugs and medical devices. While these cor- has one huge flaw that even its pro- line and wrong. porations have been major contributors to the ponents concede: that the benefits, if Mr. Speaker, I rise in opposition to this bill Republican party, they have done little else to any, flow directly to the insurance because it is fundamentally flawed and will do make a case for the protections they’ve won companies, not to the doctors. There- far more harm than good. It imposes a one- in H.R. 5. fore, I tried to perfect this bill. During size fits all solution on every state. It imposes I urge my colleagues to oppose the bill. the Committee on Energy and Com- arbitrary caps on liability that defeat the pur- b 1430 merce markup, I offered an amendment pose of compensatory and punitive damages. to ensure that the savings from the The SPEAKER pro tempore (Mr. It gives legal protections that go far beyond bill’s caps on damages for patients’ SIMPSON). The gentleman from Ohio the legitimate needs of doctors, benefiting pain and suffering would be passed (Mr. BROWN) has 21⁄2 minutes remain- profitable pharmaceuticals, HMOs, and insur- ing; the gentleman from Louisiana (Mr. along to the doctors in the form of re- ance companies. And to add insult to injury, ductions in their liability insurance TAUZIN) has 11⁄2 minutes remaining. all of this comes at the expense of the injured Mr. TAUZIN. Mr. Speaker, I have premiums. Every Republican voted no. victims of medical malpractice. only one additional speaker to close, so They each voted with the insurance in- States have traditionally handled every as- I would urge my friend to use up the dustry. pect of the medical malpractice insurance balance of his time. This bill deserves to be defeated, as problem, and are better equipped than the Mr. BROWN of Ohio. Mr. Speaker, I long as there is no effective guarantee federal government to respond to skyrocketing thank the gentleman. We have two that savings from the bill’s caps on insurance premiums in some areas of the more speakers. damage will go not to doctors, but to country. States establish the applicable stand- Mr. Speaker, I yield 1 minute to the the insurance industry. ards of care for health care professionals and gentleman from New York (Mr. ENGEL). This bill claims to be a cure for the are responsible for their licensure. States are (Mr. ENGEL asked and was given high cost of insurance premiums paid responsible for boards of discipline and crimi- permission to revise and extend his re- by doctors, but it is really just insur- nal laws to deter and punish professional mis- marks.) ance for insurance companies. It is a conduct. States are responsible for the rules Mr. ENGEL. Mr. Speaker, I thank public policy placebo that only offers governing lawsuits and the functioning of their the gentleman for yielding me this the illusion of relief from sky-high in- civil justice system. And states are responsible time. surance premiums, while pumping cash for the regulation of the insurance industry. Mr. Speaker, let me say up front that into the bottom line of insurance com- Like the State of California, which the sup- I think we need to help doctors with panies. porters of this legislation hold up as a model unconscionable medical malpractice Capping damages may save insurance for the country, other states are perfectly ca- rates. I mean this most sincerely, and companies money when their policy- pable of enacting appropriate liability and in- I pledge to do everything I can to help holders are sued, but the bill does not surance reform. them; but this bill is not the way to go. require insurers to pass along one cent This bill, however, establishes a one-size- It will adversely impact patients who of savings to the doctors so that they fits-all solution on the entire country and over- are injured. These are people whose can stay practicing in local commu- rides state laws. For example, if this bill is en- lives are irreparably harmed and this nities across this country. acted, states cannot elect to have a longer legislation, in my opinion, punishes We can all agree that health care li- statute of limitations. States cannot opt out of them even further. ability insurance is a critical issue liability caps. States cannot choose to inform We can find a balance, but the major- that has significant impact on pa- juries of caps on liability or impose the tradi- ity is ramming this legislation through tients, on doctors, on insurance; but

VerDate Dec 13 2002 02:28 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.075 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1853 this bill leaves out one critical link: Mr. Speaker, these are reasonable re- crimination. That is why today I am introducing the doctors who will not receive the forms. It is time that we ensure that H.R. 3000, the U.S. Universal Health Service benefits of the lower premiums that our health care system serves patients Act (U.S. UHSA). This proposal challenges us have been promised. and not trial lawyers. Vote ‘‘yes’’ on as Americans to take another look at the fun- Vote ‘‘no’’ on this gag bill that does the HEALTH Act. damental role government will have to play if not allow for a full debate on the House Ms. LEE. Mr. Speaker, for a nation that we are ever to achieve an equitable and ra- floor. boasts about being the wealthiest in the world, tional health care system. Mr. TAUZIN. Mr. Speaker, I want to claiming liberty and justice for all, the fact that Universal health care is the only way we quickly point out, our own Congres- there are over 40 million people without health can provide equal access and fairness to our sional Budget Office estimates a 25 to insurance is a contradiction and a shame. And health care system. The uninsured are suf- 30 percent reduction in malpractice in- instead of addressing this crisis head on, this fering; if we don’t acknowledge health care as surance costs and a savings to the U.S. Administration and House Republican leader- a basic human right soon, it will be too late for Government alone of $18.1 billion if ship continues to talk about health care and some, and our society’s most vulnerable will this bill passes. do nothing. continue to suffer. Our nation is the only in- Mr. Speaker, I yield the balance of The bulk of the uninsured are low-income dustrialized nation that does not have a health our time for closing to the gentleman and minorities. These are the Americans who insurance program for everyone, and our from New Jersey (Mr. FERGUSON). too often are ignored. The uninsured have health care system is failing. Make health care Mr. FERGUSON. Mr. Speaker, con- lived a campaign of survival, and deserve a accessible! Make health care affordable! Make gratulations to the chairman for all of voice today and every day on this floor. health care a guarantee! I encourage all of my his good work on this bill. As I stand before you on this floor, I would colleagues to cosponsor H.R. 3000 and sup- I rise in strong support of this legis- like to introduce you to these voiceless con- port health care for all. lation. I am proud to be a cosponsor, stituents. They are the men and women who Mr. UDALL of New Mexico. Mr. Speaker, I rise today in strong opposition to H.R. 5, the and I am pleased that today we finally have jobs in our stagnant economy. Most ‘‘Medical Malpractice and Insurance Reform move forward with meaningful, struc- Americans receive health insurance through Act of 2003.’’ Furthermore, I fervently object to tural reforms that will have a tremen- their employers, but millions lack coverage be- the House Rules Committee’s prohibition of dous impact on the medical liability cause their employers do not offer insurance amendments to this controversial measure, a crisis looming before our country. or simply cannot afford to pay for it. decision that does not allow for open objective Over the past few months I have seen Many of these working Americans qualify for debate or consideration of any worthy alter- health care providers, doctors, hos- Medicaid. Medicaid covers 40 million low-in- natives. The rule governing this measure pitals, nursing homes, all of our care- come people and their families, but millions smacks of partisan politics, favors the cor- givers, curtail services to the commu- more do not meet its limiting income and eligi- porate insurance industry over the health and nity and to people in need. Why? They bility requirements because of savage welfare well-being of the American population, and ef- have done so because of the fear of friv- reform restrictions crafted by the Republicans, fectively subverts our great nation’s demo- olous lawsuits and these lawsuits leaving the most vulnerable uninsured. cratic process. Denying us the opportunity to which have caused insurance costs to The numbers speak volumes. Fifty-six per- discuss this openly is absolutely unacceptable skyrocket. cent of the uninsured population are low-in- and exposes what this legislation is all about. What amazes me is the misinforma- come and nearly one in five of the uninsured H.R. 5 is purportedly designed to lower the tion that is out there on this issue and are low-income children. Although minorities high costs of physicians’ medical malpractice that has recklessly entered this debate. comprise only 34 percent of the population, insurance rates. We all agree that sky- In fact, there is so much misinforma- over half of the nation’s uninsured are minori- rocketing insurance premiums for medical mal- tion that some individuals in this body, ties. Twenty percent of these uninsured are practice are spiraling out of control and de- I think, have forgotten what it is that African American and 34 percent are Hispanic. mand immediate attention. This bill, however, we are trying to accomplish here. Minorities and the underserved bear a dis- will not guarantee lower rates for doctors. In- Just the other day, I read an article proportionate burden of mortality and morbidity stead, it will severely limit victims’ ability to re- claiming that medical liability reforms across a wide range of health conditions. Mor- cover compensation for damages caused by that we are going to pass with this bill tality is a crude indicator of health status and medical negligence, defective products and ir- will make it more difficult for patients demonstrates how critical these disparities are responsible insurance providers. In other to find lawyers. That is right. Is that for minorities. For African Americans and words, H.R. 5 does not fix the problems plagu- the crisis that we are facing today? Not Latinos, these disparities begin early in life ing the nation’s health care system: it rewards enough lawyers? Of course not. That is and persist. African American infant mortality insurance companies for bad investment deci- not what we are here for. rates are more than double those of whites, sions, offers minimal deterrence to doctors We are here because of patients, be- 14 percent vs 16 percent, and the rate for practicing bad medicine, and seriously restricts cause we want to preserve patient ac- Latinos is 9 percent compared to 6 percent for the rights of injured patients to be com- cess to care. All patients, whether a whites. The death rate for African Americans pensated for their injuries caused by such senior or a newborn baby, deserve the is 55 percent higher than for whites, with AIDS practices. highest quality of care. But at the cur- being the 6th leading cause of death for Afri- It is clear that the House leadership is not rent rate, we cannot keep this promise. can American males. I could go on with a mul- really trying to help doctors, but rather their My family has personally experi- titude of statistics that clearly illustrate the friends in the insurance industry. H.R. 5 would enced the effects of this liability crisis stark disparities in health care that exist for usurp the role of the jury by empowering the in New Jersey with the recent birth of minorities. Yet the point remains that these Congress to determine the rate of compensa- our third child. My wife’s doctor lost disparities are a result of lack of insurance tion due to malpractice victims. The insurance her partner. The other OB whom she and lack of access to health care. industry often ridicules the rare million-dollar practices with had to leave the State Health insurance is important because it im- ‘‘windfall’’ jury awards given, asserting that the because her insurance costs were too pacts health outcomes. Nearly 40 percent of victim must feel like they have won the lottery. high. Our doctor was there for us, but the uninsured have no regular source of Do you suppose the parents of the 17-year-old I fear for other moms and dads, fathers health care and use emergency care more transplant patient who died after being given and mothers, and loved ones in the fu- due to avoiding high cost regular visits. This the wrong blood type, or the Wisconsin ture. situation creates an ongoing cycle of adults woman who had a double mastectomy, only to Frivolous lawsuits have never healed and children skipping routine check-ups for discover after the operation that the lab had anyone. I have never met a trial lawyer common conditions, recommended tests, and made a mistake and she did not have cancer who was developing a new treatment treatments because of the financial burden, re- after all, feel as if the jury-awarded compensa- for AIDS. I have never seen a frivolous sulting in serious illnesses that are more cost- tion has enriched their lives? I think not. It is lawsuit treat someone with diabetes. I ly. The uninsured are more likely than those doubtful that any person or family that loses a have never heard of a multimillion dol- with insurance to be hospitalized for conditions loved one, or suffers years of pain and suf- lar jackpot reward that served a dis- that could have been avoided. fering because of a medicinal mistake or over- abled veteran in a wheelchair. What The message we must send is that uni- sight, feels like celebrating, especially after they have done is driven patients away versal health care that provides high quality fighting their way through the court system from their doctors. health care should be provided without dis- and finally receiving compensation.

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 9920 E:\CR\FM\K13MR7.076 H13PT1 H1854 CONGRESSIONAL RECORD — HOUSE March 13, 2003 The insurance industry continually asserts providing high-risk care in specialties such as states without caps and health care costs con- that recent hikes in malpractice premiums are emergency medicine and obstetrics and gyne- tinue to rise. In fact the state of California sub- caused by excessive jury awards, and that the cology, patients are forced to cross state lines sequent to MICRA had to pass insurance re- only remedy is to cap damage awards in mal- in order to seek out treatment. We have all form to stop skyrocketing premiums that practice lawsuits at $250,000—no matter how watched with dismay as hospitals have been helped only fatten the pockets of the insur- egregious or irresponsible the case. Capping forced to shut their doors and doctors have ance companies. That is exactly what H.R. 5 damage awards will not lower insurance rates opted to treat patients without malpractice in- will do, fatten the pockets of the insurance nor address the real problems in the medical surance due to the high costs of premiums. companies, who are trying to compensate for liability system primarily for two reasons— Certainly, the trial attorneys who line their the investment losses made in the stock mar- First, the cyclical nature of the insurance in- pockets with egregious fees aren’t suffering as ket. dustry, that is, raising premiums to recoup a result of the mess they’ve made with un- Finally Mr. Speaker, H.R. 5 will also pre- losses due to bad investments in the stock scrupulous lawsuits. These arguments only empt state law—which sets its caps or sets no market, and second, the number of medical underscore an already evident need for the caps based on the input of its people. I would errors made by the medical profession. states to pursue medical malpractice reforms. like to point out that in my own State of Mary- Instead of enabling insurers, we should re- However, as one who believes firmly in fed- land which as a cap on non-economic dam- ject the one-size-fits-all cap that will restrict eralism, I am unwilling to support legislation ages, over three times higher than that in H.R. the ability of those most severely affected by that would, in effect, preempt the constitution 5 I might add, that the medical insurance pre- a medical mistake—Americans who struggle of the state of Arizona,which prohibits caps on miums are still higher than those in the adja- daily to make ends meet—to be properly com- damages. cent District of Columbia which has no caps. pensated. The natural evolution of health care delivery This is the shell game that the insurance com- I am sympathetic to those good doctors and suggests that a federal solution such as H.R. panies are playing—and the American people care givers who must pay soaring insurance 5 may one day be necessary. Even today, we are the losers. bills or be forced to shut down their practices need tort reform badly. It’s up to the states to It is for these reasons that I will vote against because of the exorbitant cost of liability insur- begin that process, and I plan to be part of H.R. 5, and I urge my colleagues to vote ance. Currently, malpractice premiums in my those efforts. The states should follow Califor- against H.R. 5. Ms. HARMAN. Mr. Speaker, I support Cali- state of New Mexico are relatively low in com- nia’s example, which has been an undeniable fornia’s MICRA, but H.R. 5 is not MICRA and parison to those in some other states. How- success over the past 25 years. ever, due to increased concern over other Mr. CUMMINGS. Mr. Speaker, I rise today I rise with some reluctance to oppose it. As the daughter and sister of medical doc- economic and health related issues, we are al- in opposition to the Help Efficient, Accessible, tors, I understand better than most the chilling ready feeling the effect of our best physicians Low-Cost, Timely Healthcare (HEALTH) Act. effect unlimited medical liability awards have leaving the area to work elsewhere. Accord- Each year tens of thousands of people die on the practice of medicine. or suffer needless pain and deformity from ingly, I am extremely sensitive to the impact Indeed, my father, who had a practice in that increased premiums would present to this preventable medical errors. I believe, as I am Culver City, California, retired from practicing already delicate situation. sure many of my colleagues believe that these medicine in the mid-1970s because of the The vast majority of doctors serve the public Americans, whose families suffer tremen- alarming increase in premiums. Only after his well. Instead of a real solution for these rep- dously as a result of these injuries and deaths retirement did California enact its Medical In- utable doctors, the Leadership’s plan punishes are entitled to compensation. This compensa- jury Compensation Reform Act—or MICRA. the innocent victims of medical malpractice, tion should not be decided by Congress but MICRA is an experiment in limiting non-eco- and does not reduce the premiums for good rather by a jury or judge in the prevailing juris- nomic and punitive medical liability damage doctors. To reduce the malpractice premiums diction which has made a decision based on awards—and it has succeeded. For medical physicians pay, reforming the insurance indus- the merits and facts of those cases. doctors, MICRA has provided stability in insur- try and implementing programs to reduce Mr. Speaker, I think we need to focus on ance premiums. For patients, it reduced medical errors and cracking down on negligent what’s at stake here. We are talking about lim- meritless claims and accelerated the time in doctors would be a better solution than the li- iting meritorious claims. Claims of those like which settlements can be reached. ability caps and tort reform initiatives the the little girl in North Carolina who received I strongly support MICRA, although before Leadership supports today, legislation that di- the improper blood type during her transplant extending it to the entire nation, I would pro- rectly and adversely affects the victims of and died shortly thereafter. Claims from inno- posed adjusting the $250,000 cap on punitive medical malpractice and their loved ones. cent victims in my district and districts around and non-economic awards, first enacted in As our nation’s lawmakers, I firmly believe the country who have received improper treat- 1975, to reflect its current value. that we must pledge to continue to work with ment or care and will suffer immeasurably as Though H.R. 5 adopts the structure of doctors and patients to find equitable solutions a result. MICRA, it is weighted down by dubious proce- for the numerous problems that plague access Mr. Speaker, for every $100 spent on health dural and substantive roadblocks for a variety to quality health care in this country. We must care in America, only $.66 has been spent on of causes of action against HMO’s, nursing act now to ensure that our good doctors are malpractice insurance. As patients are most homes, and insurance companies—areas not unjustly punished for the malfeasance of often victimized by repeat offending doctors, where the California legislature has enacted others, and that everyone who deserves just this bill does nothing to reduce negligence by significant protections for patients. California’s compensation for wrongful acts or omissions doctors and hospitals, but decreases incentive medical professionals oppose the inclusion of receives adequate remedy. to improve patient safety. these provisions under H.R. 5’s MICRA-like Regrettably, the Leadership denies us today Mr. Speaker, we are not talking about frivo- caps and procedures. the opportunity to openly debate the issue or lous claims as the Republicans would have us Last year, I voted for H.R. 5—with the hope offer alternatives to H.R. 5 on the House floor. believe. In fact, this bill will not limit any frivo- and expectation that improvements would be Accordingly, I reiterate my opposition to H.R. lous claims nor will it lower insurance pre- made in conference with the Senate to narrow 5, and state my intent to support a motion to miums. Instead it is a band-aid approach to a its egregious provisions. This did not happen, recommit the issue for further consideration. huge problem. The Conyers-Dingell bill would and constructive amendments offered in the Mr. FLAKE. Mr. Speaker, today I voted ‘‘no’’ have implemented the type of reform nec- Energy and Commerce Committee were op- on final passage of H.R. 5, the Help Efficient, essary to lower medical liability premiums for posed on near-party line votes. Accessible, Low-cost, and Timely Healthcare doctors through imposing anti-trust regulations The closed process by which we are consid- (HEALTH) Act. My vote was a difficult one, but on the insurance industry, but unfortunately ering this important bill today belies any desire I am not convinced that the federal govern- the American people will not ever hear of this by the majority to make the improvements I ment should preempt state law in this area. comprehensive plan. Again, the Republican- believe are necessary. Those supporting this bill have made some led House Rules Committee has muzzled the I cannot support the bill again in its present compelling arguments as to why Congress voice of the people. form. Hopefully, changes will be made in the should step in and institute these reforms. Mr. Speaker, I have heard many members Senate to align it more closely with California’s They cite the national nature of insurance speak of the California plan—also known as MICRA, with the modification of the caps I plans, whereby a doctor in Arizona might have MICRA plan. However, the results of California noted earlier. If this happens, I will support the to pay more for malpractice insurance due to are mixed at best. It is reported that in fact conference report. an over-the-top jury award in Texas. They also after passing MICRA, the actual premiums of Medical professionals should be able to note that, as doctors close up shop or stop California doctors are 8 percent higher than in practice in a climate of certainty, and patients

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 9920 E:\CR\FM\A13MR7.022 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1855 should be charged reasonable rates for quality at that hospital or in the area could afford to fact, the outcome of this bill could have zero care. This is what I support for every commu- treat patients under the age of 18. In Illinois, impact on lowering malpractice premiums and nity in the country. This is not what H.R. 5, in a staggering 85 percent of neurosurgeons are instead go into the pocketbooks of the for- its present form, delivers. sued for malpractice at least once in their ca- profit medical malpractice industry. Of course, Mr. OXLEY. Mr. Speaker, medical mal- reers. the bill’s proponents avoid mentioning that practice lawsuits are increasingly being used Without a neurosurgeon to follow the pa- very real possibility. to enrich lawyers at the expense of patients tient, the child had to be transferred to another Proponents of this bill like to say that they and doctors. We would never close the doors hospital and undergo an ambulance ride with are taking California’s successful medical mal- of our legal system to people who have legiti- a broken leg. Once he reached the other hos- practice laws and putting them into effect for mately suffered. But the abuse of the system pital, there was no pediatric neurosurgeon the nation. This is also hyperbole. California is threatening the quality of care delivered by available, so the orthodpedic trauma surgeon did not simply institute a $250,000 cap on our doctors and hospitals. According to the had the child placed in traction. This involved medical malpractice awards. The much more Ohio State Medical Association, 76 percent of inserting a pin into the patient’s leg just above important thing that California did was to insti- Ohio doctors say insurance costs have af- his knee to hang the weights that pulled on tute unprecedented regulation of the medical fected their willingness to perform high-risk the leg, and keeping him in traction for a few malpractice insurance industry. This regulation procedures. I’ve met with doctors in my district weeks. limits annual increases in premiums and pro- who say these high costs might force them to After two days, his parents wanted their vides the Insurance Commissioner with the retire. My rural district cannot afford to lose child to be transferred back to the original hos- power and the tools to disapprove increases quality physicians. pital closer to home. This meant that the child proposed by the insurance industry. It is this This is clearly an issue of tort reform, not in- had to endure another ambulance ride in vul- insurance regulation that has maintained lower surance regulation. State insurance commis- nerable condition. medical malpractice premiums. Yet the bill be- sioners strictly regulate liability insurers. Com- My point here is not that frivolous lawsuits fore us does absolutely nothing to regulate the panies are not permitted to raise their pre- hurt doctors; it’s that they end up hurting pa- insurance industry at all. miums to make up for past losses. Malpractice tients—in this case, a five-year-old. Supporters of this bill would have you be- insurance premiums are skyrocketing because Are some malpractice lawsuits necessary? lieve that medical malpractice lawsuits are over the last decade there has been an explo- Absolutely. Patients must have access to jus- driving health care costs through the roof. In sion in the number of lawsuits and particularly tice and restitution. But it is wrong when trial fact, for every $100 spent on medical care in large awards, some reaching lottery propor- lawyers can exploit the system through frivo- 2000, only 56 cents can be attributed to med- ical malpractice costs—that’s one half of one tions. That’s something the market will reflect. lous or unlimited suits. And it is wrong to jeop- Reasonable limits on non-economic dam- ardize patients’ access to healthcare. percent. So, supporters are spreading false ages are a sensible way to make sure that Mr. Speaker, Congress has twice before hope that capping medical malpractice awards malpractice lawsuit awards address actual had the opportunity to fix the malpractice sys- will reduce the cost of health care in our coun- damages. They work, without compromising tem and I have supported these attempts. The try by any measurable amount. It won’t. What supporters of this bill really do not legal rights or physician vigilance. Ohio is a good news is that we have another chance want you to understand is how bad this bill case in point. When my state placed caps on today to take a big step toward preserving the would be for consumers. The provisions of this these awards in 1975, insurance premiums long-term viability of the medical system in Illi- bill would prohibit juries and courts from pro- dropped. When this cap was overturned, law- nois and around the country. I urge my colleagues to join me in sup- viding awards they believe reasonably com- suits . . . and therefore, costs . . . went up pensate victims for the harm that has been almost immediately. What changed was the porting H.R. 5. It is time for Congress to enact common sense liability reforms that safeguard done to them. behavior of lawyers, not doctors. H.R. 5 caps non-economic damages. By patients’ access to care. H.R. 5, the HEALTH Act, is a surgical solu- setting an arbitrary $250,000 cap on this por- Mr. STARK. Mr. Speaker, I rise in strong tion to a crisis that spans from the operating tion of an award, the table is titled against opposition to H.R. 5, legislation that would un- room to the court room. I urge its adoption. seniors, women, children, and people with dis- dermine the right of patients and their families Mrs. BIGGERT. Mr. Speaker, I rise in sup- abilities. Medical malpractice awards break to seek appropriate compensation and pen- port of H.R. 5, the HEALTH Act. down into several categories. Economic dam- alties when they, or a loved one, are harmed Frivolous malpractice lawsuits are spiraling ages are awarded based on how one’s future out of control. Too many doctors are settling or even killed by an incompetent health care income is impacted by the harm caused by cases even though they have not committed a provider. medical malpractice. There are no caps on At best, this bill is a wrong-headed ap- medical error. And good doctors are ordering this part of the award. But, by capping non- proach to the problem of rising malpractice excessive tests, procedures and treatments economic damages, this bill would artificially out of fear. health insurance costs. At worst, it is designed and arbitrarily lower awards for those without Those were the primary issues a panel of to protect bad doctors, HMOs, and other tremendous earning potential. This means that experts highlighted at a medical malpractice health care providers from being held account- a housewife or a senior would get less than a forum I hosted last summer in my congres- able for their actions. Either way, this bill is young, successful businessman for identical sional district. harmful to consumers and should be defeated. injuries. Is that fair? I don’t think so. At this forum, the doctors, hospital adminis- The Republican Leadership has once again The limits on punitive damages are severe. trators, and other medical personnel that deal brought forth a bill that favors their special in- Punitive damages are seldom awarded in mal- with these issues on a daily basis said these terests at the expense of patients and quality practice cases, but their threat is an important cracks in our medical system are driving phy- health care. Doctors, hospitals, HMOs, health deterrent. And, in cases of reckless conduct sicians and hospitals out of business. They insurance companies, nursing homes, and that cause severe harm, it is irresponsible to simply cannot afford the exorbitant malpractice other health care providers would all love to forbid such awards. insurance rates that result from these frivolous see their liability risk reduced. Unfortunately, Republicans claim to be advocates for lawsuits. As a result, they are forced to close this bill attempts to achieve that goal solely on states rights. Yet, this bill directly overrides the their doors, limiting patients’ access to care. the backs of American’s patients. I said, ‘‘at- abilities of states to create and enforce med- Even if doctors can afford to stay in busi- tempts to achieve that goal’’ intentionally. ical malpractice laws that meet the needs of ness, they cannot make decisions based sole- Despite the rhetoric from the other side, their residents. ly on their patient’s best interest. With the there is absolutely nothing in H.R. 5 that guar- This Congress has been unable to pass a threat of malpractice suits constantly hanging antees a reduction in medical malpractice pre- Patients’ Bill of Rights to protect the rights of over their heads, they must act in ways to pro- miums. There is not one line to require that patients enrolled in managed care plans. tect themselves from being sued. the medical malpractice insurance industry—in Thankfully states have not been similarly im- Take for example, the case of a five-year- exchange for capping their liability—return mobile. They have moved ahead and enacted old boy in my district who was hit by a car and those savings to doctors and other providers numerous laws to hold HMOs and other health sustained a broken leg, along with a minor they insure through lower malpractice pre- plans accountable for the care they provide to skull fracture. Usually, in these sorts of cases, miums. To quote one of many economists on patients—and any harm they may cause in a neurosurgeon would monitor the patient, to this matter, Frank A. Sloan, an economics pro- that process. My home state of California has make sure his brain injury remained stable. fessor from Duke, recently said, ‘‘If anyone enacted strong legislation in this regard. If Because of malpractice concerns and exces- thinks caps on pain and suffering are going to H.R. 5 becomes law, those laws will be over- sive insurance premiums, no neurosurgeons work miracles overnight, they’re wrong.’’ In ridden. It is not just consumer advocates who

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 9920 E:\CR\FM\A13MR7.025 H13PT1 H1856 CONGRESSIONAL RECORD — HOUSE March 13, 2003 are concerned about this. Steven Thompson, surance. Doctors across the country are being and is similar to the cap being proposed in lobbyist for the California Medical Association, adversely affected by an increase in medical this legislation. However, in the twelve years was recently quoted in the Sacramento Bee liability insurance premiums. These increases following the enactment of MICRA, California’s as saying, ‘‘The California law we supported are making it more costly for physicians to medical malpractice liability premiums actually was intended to protect doctors and hos- practice, and rising insurance rates could increased by 190 percent. It took enactment of pitals—people who deliver care, but the health eventually mean that patients no longer will insurance reform in 1988 that mandated a 20 plans would benefit from the way the House have easy access to medical care. Doctors percent rate rollback to finally lower and sta- bill is laid out.’’ In other words, this bill is anti- completing residencies in expensive areas are bilize malpractice premium rates. It is impor- Patients’ Bill of Rights. Despite years of fight- seeking better rates elsewhere, and physi- tant to note, however, that California’s rates ing in Congress to hold health plans account- cians already in the market are leaving. are no lower than the national average. More- able for their abuses, this bill actually protects There is wide agreement that something over, California’s 1976 cap on non-economic them! I will not support any bill that precludes must be done to ensure reasonable rates and damages is now worth only $40,389, in 2002 states from moving ahead to protect con- protect access to health care. Unfortunately, dollars. As a result, a patient would need to sumers—especially when Congress has nothing in this legislation would decrease pre- recover $1,547,461 in 2002 for the equivalent proved incapable of addressing their needs. mium costs or increase the availability of med- medical purchasing power of $250,000 in The issue of rising malpractice insurance ical malpractice insurance. Instead, it would 1976. costs is a real concern. I support efforts by make detrimental changes to the health care Further, H.R. 5 would completely eliminate Congress to address that problem. That’s why liability system that would extend beyond mal- joint liability for economic and non-economic I would have voted for the Democratic alter- practice and compromise the ability of patients loss, preventing many injured patients from native legislation that Representatives CON- and other health care consumers to hold phar- being compensated fully. Joint liability enables YERS and DINGELL brought to the Rules Com- maceutical companies, HMO’s and health care an individual to bring one lawsuit against mul- mittee last night. Unlike H.R. 5, the Dingell- and medical products providers accountable. tiple entities responsible for practicing unsafe Conyers alternative would not benefit the mal- For example, the three-year statute of limita- medicine or manufacturing a dangerous, de- practice insurance industry at the expense of tions on malpractice suits contained in this fective product and have the defendants ap- America’s patients. Instead, it addresses the legislation is more restrictive than most state portion fault among them, if the jury finds for need for medical malpractice insurance re- laws, and could cut off legitimate claims in- the plaintiff. form—learning from the experience of Cali- volving diseases with long incubation periods. Rather, our top priority in reforming Amer- fornia—to rein in increasing medical mal- Thus, a person who contracted HIV through a ica’s health-care system should be reducing practice premiums. Rather than enforcing an negligent transfusion but learned of the dis- the shameful number of preventable medical arbitrary $250,000 cap, the bill makes reason- ease more than three years after the proce- errors that kill nearly 100,000 hospital patients able tort reforms that address the problems in dure would be barred from filing a claim. a year—the equivalent of three fatal plane the malpractice arena—penalties for frivolous In addition, H.R. 5 would arbitrarily limit non- crashes every two days. In fact, only five per- lawsuits and enacting mandatory mediation to economic damages to $250,000 in the aggre- cent of doctors account for 54 percent of mal- attempt to resolve cases before they go to gate, regardless of the number of parties practice payments. Earlier this year, the New court. It also requires the insurance industry to against whom the action is brought. This cap England Journal of Medicine reported that sur- project the savings from these reforms and to would hurt patients like Linda McDougal, gical teams leave clamps, sponges and other dedicate these savings to reduced medical whose breasts were needlessly amputated tools inside about 1,500 patients nationwide malpractice premiums for providers. The Din- due to a doctor’s carelessness, and Jesica each year. Making it more difficult for these gell-Conyers bill (H.R. 1219) is a real medical Santillan, who died after her doctor trans- victims to seek compensation will not lead to malpractice reform bill that works for doctors planted organs with an incorrect blood type safer medicine; it will only protect egregious and patients alike. into her body. It would disproportionately im- medical malpractice behavior. The Democratic alternative bill is such a pact women, children, elderly and disabled in- Moreover, there is no evidence that the tort good bill that the Republican leadership re- dividuals and others who may not have signifi- reforms proposed in H.R. 5 would guarantee a fused to let it be considered on the House cant economic losses from lost wages or other decrease in insurance rates. In fact, the aver- floor today. They were afraid that if Members factors but are still suffering very real injuries, age liability premium for both internal medicine were given a choice between these two bills, such as the loss of a limb, pain and disfigure- and general surgery in 2001 was actually they would have voted for the Democratic bill. ment, the loss of hearing or sight, or the loss higher in states with caps on damages than in Once again the House Republican leadership of mobility or fertility. Surely, the impact of states without caps. The proponents of this has used their power to control the rules to these injuries on their lives cannot be quan- measure claim that limiting ‘‘frivolous lawsuits’’ stymie democratic debate. tified at less than $250,000. will lower premiums. However, a study that Medical malpractice costs are an easy tar- As an individual who was paralyzed at the appeared in the New England Journal of Medi- get. My Republican colleagues like to simplify age of sixteen when a police officer’s gun ac- cine in 1991 concluded that only about 2 per- it as a fight between America’s doctors and cidentally discharged and severed my spine, I cent of those injured by physicians’ negligence our nation’s trial lawyers. That is a false por- find this provision particularly offensive and ever seek compensation through a lawsuit. trayal. Our medical malpractice system pro- callous. After my accident, my medical ex- Recent studies show that this figure remains vides vital patient protection. penses were outrageously high, and amount- unchanged. That means that even completely The bill before us drastically weakens the ed to more than most people make in a year. eliminating medical liability would have vir- effectiveness of our nation’s medical mal- Although there is no amount of money that tually no impact on the cost of health care. Do practice laws. I urge my colleagues to join me can ever return what was taken from me, I we need to find a way to lower insurance and in voting against this wrong-headed and harm- was awarded non-economic damages in the health care costs? Absolutely. Is H.R. 5 the ful approach to reducing the cost of mal- lawsuit my family filed shortly after my acci- way to do it? Absolutely not. practice premiums. It’s the wrong solution for dent. Granted, my condition was not the result Instead, I plan to support the Democratic America’s patients and their families. of medical malpractice, but had the non-eco- motion to recommit, which would allow pa- Mr. LANGEVIN. Mr. Speaker, I rise today in nomic damages in my case been capped, my tients to seek redress and provide assistance strong opposition to H.R. 5, the Help Efficient, life would have been profoundly affected be- to physicians and hospitals in need. Specifi- Accessible, Low Cost, Timely Health Care cause I would not have been fully com- cally, this alternative would end frivolous law- (HEALTH) Act, because this unhealthy act pensated for my future health care needs. suits by requiring affidavits to be filed by quali- would severely limit patients’ rights to sue for Likewise, I would not have been afforded the fied specialists certifying that the case is meri- medical injuries while having virtually no im- opportunity to attend college or had the hope torious. It would also establish an independent pact on the affordability of malpractice insur- of beginning a new life. While our civil justice advisory commission to explore the impact of ance coverage. Because there is no provision system has determined that it is the injured malpractice insurance rates, particularly in in this measure requiring insurers to lower party who deserves the greatest measure of areas where health care providers are lacking. their rates once these so-called reforms are in protection, I find it a great disappointment that Again, I would urge my colleagues to oppose place, it would leave countless patients de- attempts to limit remuneration to victims of the underlying bill, and to support the Demo- prived of relief while failing completely to help malpractice still persist. cratic alternative. our struggling health providers. In 1976, California enacted the Medical In- Mr. EVANS. Mr. Speaker, in my tenure in Like many of my colleagues, I am deeply jury Compensation Reform Act, MICRA, which Congress, I have been dedicated to reforming troubled by the rising cost of malpractice in- limits non-economic damages to $250,000, many aspects of the health care system to

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 9920 E:\CR\FM\A13MR7.029 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1857 promote the highest quality health care bene- ensure fair treatment to their patients. Health for amendment and with little relationship to fiting the greatest number of Americans. Mr. care professionals need to see through this the proposal that is likely to emerge from the Speaker, I do not believe that the HEALTH sham. Senate. Last fall, I voted against the same bill Act would contribute to this goal. I am a family physician. I see my class- when it came to the floor. Unfortunately, the This legislation blatantly advances the polit- mates and other doctors, excellent ones, Republican proposal is still just a bargaining ical agenda of the insurance companies. It many who have never been sued, struggling position, not a legislative solution. does nothing to address the looming health to keep their offices open under the pressure It’s very unlikely that this bill will be enacted care crisis we face where over 40 million of outrageously high malpractice insurance into law, and if it was, it would be highly unfair Americans are without health insurance, ac- premiums. Physicians are desperate for relief to the people that I represent. I will continue cess to quality care, or an ability to afford from their premiums. Unfortunately, the organi- to work with physicians and others in the even basic screenings and medicines. This zations representing physicians have been health care community, and those who are in- legislation would place a $250,000 limit on strongly supporting H.R. 5 possibly thinking volved and interested in patients’ rights. We’ve non-economic damages in malpractice suites that it is the best they can get, but it is not. missed an opportunity to advance more care- brought against medical professionals. I can- It is truly a disservice to all of us that the fully crafted bipartisan solutions at this junc- not support limiting non-economic damages Conyers-Dingell bill was not allowed consider- ture, but there will be a time to do so in the awards because I do not believe we have the ation and debate. H.R. 5 does not even com- future, and I look forward to participating in authority to place an arbitrary dollar amount pare and is a poor attempt at a solution to this that fashion. on the value of a person’s health or life. complicated problem. Mrs. BONO. Mr. Speaker, I rise today in These payments compensate patients for In fact, H.R. 5 is not of any help at all as support of H.R. 5 and the physicians that work very egregious injuries, such as the loss of a has been proven in several states. This is poli- tirelessly to care for the sick and injured. limb, vision impairment, and infertility. The loss tics and special interest legislation pure and I have witnessed first-hand the crux of the of a child or spouse can also fall under the simple, and our patients and us should not be issue about which we debate today. My father limiting category of non-economic damages. the pawns in this game. worked as an ENT surgeon for 19 years in These damages are so wide and varying that This bill is another assault on the poor and Southern California, both before and after a one-size-fits-all approach just will not suffice. minorities as well because regardless of their California’s MICRA law was enacted. He has Further, limiting payments would disproportion- needs their awards will be capped at low lev- also helped me to better understand the ately affect women, children, the elderly, the els. The cornerstone of H.R. 5 is a $250,000 issues that those in private practice face and disabled and others that may have endured in- cap on non-economic damages modeled after we both have an appreciation for the problems describable suffering, yet cannot claim a loss the arbitrary $250,000 cap instituted in our doctors face. Living in Southern California of wages or salary. To limit payments on meri- MICRA. Compensation for economic damages my entire life has also allowed me to witness torious cases involving legitimately injured pa- for minorities is often much less than those the changes that have taken place with regard tients is a step in the wrong direction for both awarded to white males, and $250,000 in to medical liability reform. the best interests of patients and for the dis- 1975 is the equivalent of $855,018 in 2003. Numerous doctors from Southern California cussion on truly lowering malpractice insur- H.R. 5 puts values on human life and suffering have contacted me about the benefit that they ance costs. that none of us can measure. H.R. 5’s se- have seen from the liability laws that exist in I do not believe that this legislation is par- verely restricted the statute of limitations our state and realize how much it has affected ticularly effective. These severe limitations would further hurt minorities because they their ability to treat more patients effectively. would do little to lower insurance rates. For often have less exposure or access to medical Still, other states are witnessing a serious re- example, California, which has an equivalent care which causes them to often discover their duction in care, particularly in vital specialities cap on non-economic damages, has medical injuries later. including those that affect expectant mothers. malpractice rates that are 19 percent higher What my physician colleagues and all health We face a vote today on an issue that cen- than the countrywide average. It is crucial that providers need is real reform. We need to ad- ters on the ability of our doctors to practice the a number of factors must be addressed to find dress all of the factors that cause the rise in science that saves lives daily in our country. an acceptable, working solution to this prob- premiums. We need to create legislation that Currently physicians in many states face the lem. includes the measures which have worked in reality of not being able to keep their practice I support the alternative bill on which the the states that have successfully addressed running. Our problems cannot be solved by Republican Congress refused to allow us to this issue and brought relief to their health the trend of defensive medicine, as they can deliberate. That we are not allowed to debate providers. H.R. 5 doesn’t do any of this. only lead to higher costs to the patient, the in- on the Democratic alternative erodes the I call on my colleagues to defeat this bill, surer, and the doctor. The ultimate price is democratic process of which our government and then join with our colleagues JOHN CON- paid when a defensive procedure costs not was founded and of which rules this House. YERS and JOHN DINGELL to pass a bill that in- only money but the life of a patient. The Conyers-Dingell substitute would repeal corporates the measures that will most effec- It is unfortunate that many frame this debate the federal anti-trust exemption for medical tively reduce premiums, and bring relief not to in terms of political ideology. How can we con- malpractice insurance. This would increase HMO’s, but to those who really need it, the tinue to demoralize our doctors from working competition and lower premium costs. The bill health professionals and the patients who de- in the field that they love and providing care I support reduces the amount of frivolous law- pend on their services. for those who are suffering? H.R. 5 is about suits filed by providing severe penalties to law- Mr. BLUMENAUER. Mr. Speaker, I am con- tempering skyrocketing insurance premiums yers who submit cases either without certifi- vinced action is needed to stabilize the deliv- across the country. H.R. 5 is about providing cation of merit or with a false certification of ery of health care, particularly for small com- real access to care and the continued ability merit. I find the mandatory mediation provision munities and for medical specialties plagued for our health care system to run effectively in in the Democratic substitute to be especially by extraordinarily high premium rates. It is un- times of state and national budget deficits. pertinent and of tantamount importance in ap- acceptable to have prices spiraling so out of But, most importantly, Mr. Speaker, H.R. 5 proaching a viable solution to this complex control that care is prohibitive for many doc- is about allowing our doctors to help millions problem. Mediation and the establishment of tors and patients. I am open to a range of al- of people every year in the practice that they an alternative dispute resolution system will ternatives to provide a long-term solution. This know better than any trial lawyer or bureaucrat allow both defendants to reduce their litigation bill focuses only on capping damages to lower in Washington, DC. costs and victims to gain fair compensation. premiums, siting California’s MICRA legislation Mr. Speaker, I encourage my colleagues to I urge my colleagues to vote down H.R. 5 as its model. Unfortunately, it ignores the support H.R. 5. and demonstrate their support for a Demo- other methods used in California, which may Mr. TOM DAVIS of Virginia. Mr. Speaker, I cratic alternative which will truly begin to cur- have had more impact over the long-term. The rise in strong support of H.R. 5, the Help Effi- tail ghastly expensive medical malpractice in- cap is eroding patients’ rights by failing to pro- cient, Accessible, Low-Cost, Timely surance costs. vide for inflation and H.R. 5 suffers the same Healthcare (HEALTH) Act. I would also like to Mrs. CHRISTENSEN. Mr. Speaker, H.R. 5 flaw. thank Chairman TAUZIN for his excellent work is but another wolf in lamb’s clothing pre- The Republican alternative is simply an at- on this vital subject. tending to help doctors and patients, but really tempt to provide a partisan political response, Mr. Speaker, it is unfortunate that we have only helping the large healthcare corporations rather than a serious effort at bipartisan legis- to take this action today. I am a firm believer while doing nothing to help lift the malpractice lative action. This bill is being rushed through that everyone should have their day in court if burden from doctors and other providers or to the legislative process without an opportunity they feel they have been wronged. However,

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 9920 E:\CR\FM\A13MR7.033 H13PT1 H1858 CONGRESSIONAL RECORD — HOUSE March 13, 2003 inherent in this right is the assumption, if not Studies and anecdotal evidence clearly show compensation for their injuries. Passage HR 5 the obligation, that this course of action will be an absence of correlation. will have an arbitrary and cruel effect on legiti- used judiciously. However, that is not what In 1995, Texas passed a series of tort law mate victims of medical malpractice. has occurred. Medical malpractice litigation restrictions that advocates claimed would Since 1994, the House of Representatives has become an industry in and of itself, with lower the cost of insurance in Texas by $864 have passed bills limiting malpractice awards. trial lawyers seeking out sympathetic court- million a year. Legislation was also passed Some of these bills take the further step of re- rooms and juries where frivolous claims will be mandating that any savings from such tort law moving state malpractice claims into the Fed- given undue credence. The courts should be restrictions be passed on to consumers. De- eral courts. Each time, however, these bills forums to redress wrongs, not lotteries. spite claims made by proponents of the legis- have failed to get the 60 Senate votes nec- We are now reaping the results of this liti- lation, overall insurance premium savings in essary for passage. As expected this issue gious behavior, and the main result is that pa- Texas, including any that might be attributed has arisen with full force in the 108th Con- tients no longer have access to the healthcare to changes in tort law, have been minimal. Yet gress. Yet the facts remain the same: This they always assumed would be there. Doctors since that legislation was passed, insurance legislation neglects plaintiffs’ rights, limits state are leaving the communities they have served company profits have skyrocketed in Texas. trial court judges’ discretion, and fails to show for decades. Try to get pre-natal care in Las This pattern has been evident in several other any tangible net benefit to doctors who pur- Vegas. Try to see a neurosurgeon in Mis- states that have initiated tort reform legislation. chase premiums while simultaneously result in sissippi. They aren’t there anymore. We have In March 2002, the American Insurance As- higher profits for insurance companies. seen the doctors in West Virginia and New sociation (AIA) commented that lawmakers Rather than focusing on implementing mal- Jersey actually go on strike to protest the ab- who enact tort reform should not expect insur- practice caps legislation that will not solve the surd rise in malpractice premiums due to frivo- ance rates to drop further. The AIA is a major problem of rising premium rates, Congress lous lawsuits. I have spoken to doctors in my trade group of the insurance industry and their (and doctors and their regulatory boards) district that simply cannot afford their mal- comment strengthens my belief that tort re- should be more vigilant in enforcing laws that practice premiums anymore, and they are form is not the solution to higher insurance cap the numbers of hours worked by residents looking to us for help. We can have it one way premiums. Furthermore, in a response to a (fatigue is often cited as a major contributor to or the other—we can continue on the current study by the Center for Justice & Democracy, medical errors), adopting a uniform system for path, where every visit to the doctor is seen the AIA stated, ‘‘the insurance industry never reporting and analyzing errors nationwide, and as a potential windfall, or we can take these promised that tort reform would achieve spe- coordinating patients records (while taking necessary actions to return an element of san- cific premium savings.’’ care to protect privacy) so that doctors can ity to the malpractice equation. Although I am troubled by the possibility of easily gain access to a patient’s complete I support H.R. 5 because I believe it will ulti- insurers not issuing policies to medical practi- medical history. mately allow many doctors to continue prac- tioners in Ohio, it would be a mistake to sim- But while I cast my vote against H.R. 5, I re- ticing medicine, and thus ensure our constitu- ply credit lack of tort reform as the reason. For main committed to ensuring that the medical ents continue to have access to the care they example, Missouri found itself in a similar situ- practitioners and facilities in this country re- need. This legislation does not let anybody off ation several years ago and instituted tort re- main a viable part of their communities’ health the hook—bad doctors will still be held ac- form legislation in the form of caps on non- care system. My alarm at the possibility of a medical practitioner talent drain caused by countable for their actions and patients injured economic damages for medical malpractice ever increasing medical malpractice premiums through negligence will still have fair recourse. suits. Yet Missouri continues to have fewer in- is real but I am committed to the conclusion It simply prevents the trial bar from completely surers offering services to doctors. In addition, insurance companies that issue policies have that federal tort reform is not the solution. ruining our health care system. I urge my col- Ms. LINDA SA´ CHEZ of California. Mr. not lowered premiums and have continued to leagues to give H.R. 5 their support. Speaker, I rise in opposition to H.R. 5 and to Mr. BACHUS, Mr. Speaker, under Alabama enjoy hefty profits. the rule that cut off any debate on a highly law, punitive damages are the only damages Differences in the price of identical policies controversial bill with far-reaching con- available in wrongful death actions. Therefore, between different states can be attributed to sequences. The Majority has refused to permit under H.R. 5, absence action by the Alabama factors other than whether that state has en- consideration of any amendments whatsoever, Legislature, the maximum recovery for wrong- acted tort reform measures. For example, going so far as to deny Democrats the oppor- comparable premiums in Ohio are lower in ful death (of, say, a 30-year-old father of tunity to offer a substitute to the underlying California primarily due to the fact that Cali- three) resulting from medical malpractice bill. would be limited to (no more than) $250,000. fornia has one of the strictest sets of insur- There is no doubt that most Americans have In good faith, I could not support such a result. ance regulations in the nation as a result of a real problem accessing affordable health Mrs. JONES of Ohio. Mr. Speaker, this past Proposition 103. care. And it is true that we have some serious December in West Virginia, doctors at four Tort reform advocates often call for caps on problems keeping specialists in practice and hospitals went on a 30-day strike to protest punitive damages and pain and suffering keeping trauma centers open. However, in climbing malpractice insurance rates. Fol- awards as one of their top priorities. These seeking to address these problems, my Re- lowing, in January 2003, Pennsylvania nar- calls are usually accompanied by citing some publican colleagues have come up with H.R. rowly averted a strike only after a last-minute of the outrageously high verdicts awarded to 5, a bill that caps a medical malpractice vic- deal was made between the doctors and then plaintiffs. But they neglect to cite the fact that tim’s recovery. governor-elect Ed Rendell. Similar occur- judges often exercise their authority to reduce H.R. 5 is a deplorable bill. It is the most rences in other states have made me shudder these verdicts or that they are reduced in the simplistic and useless method for addressing about the possibilities of similar events occur- appeals process. Further, calls for tort reform very real problems with our medical commu- ring in Northeast Ohio. The Cleveland Clinic, are often just a form of scorn toward trial law- nity. It is a ridiculous piece of legislation that University Hospitals, and their affiliates serve yers who may receive fees of between 30 and is akin to trying to put out a forest fire with a as Ohio’s premier medical facilities and I rec- 40 percent of verdict amounts. But those ad- squirt gun. ognize the value that professionals working at vocates fail to note that trial lawyers typically Supposedly, the goal of H.R. 5 is to stabilize those institutions provide to the Greater Cleve- take cases knowing that they could lose—and medical malpractice insurance rates. But con- land community. Recent editorials in news- not receive any compensation for their work. trary to my colleagues’ assertions, placing a papers across the country have highlighted Finally, the tort reform argument often ne- cap on victim’s recovery will not magically the frustrations experienced by medical pro- glects to mention an important party in any keep medical malpractice insurance rates from fessionals. These serve as a sounding call to malpractice suit—the injured plaintiffs or their rising. It will not keep trauma centers from Congress to readdress tort reform and medical families. A recent report by the Institute of closing. It will keep specialists practicing medi- malpractice. Medicine estimates that as many as 98,000 cine. Although I am greatly concerned about the hospitalized Americans die each year as a re- H.R. 5 only focuses on restricting injured rising costs of insurance premiums, especially sult of medical errors. This is more than the patients’ access to justice. H.R. 5 is modeled for certain high-risk medical procedures, and number of deaths attributable to breast cancer after California’s Medical Injury Compensation the subsequent decline in the availability of or car accidents. Tort reform advocates, in Reform Act, known as ‘‘MICRA’’. My Repub- health care that results from doctors retiring or their zeal to denounce trial lawyers and boost lican colleagues love to sing the praises of moving their practices, I am not convinced that insurance company premiums, are tacitly say- MICRA. tort reform is the panacea to the spiraling in- ing that grievously injured victims of medical However, as a Representative from Cali- crease in medical malpractice premiums. errors or their families deserve only minimal fornia, I happen to know a lot about MICRA.

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 9920 E:\CR\FM\A13MR7.061 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1859 MICRA’s caps on pain and suffering damages I do think that high premiums for mal- hit my area of practice, leaving some pregnant have not reduced insurance rates for doctors practice insurance are a serious problem for women unable to find a qualified obstetrician in my state. MICRA was signed into law in doctors in many states. And I agree with the in their city. Therefore, I am pleased to see 1975, but stability in medical malpractice in- bill’s supporters that this is a problem for Congress address this problem. surance rates did not occur after MICRA was those who need medical services, because it However this bill raises several questions of passed. Between 1975 and 1993, in fact, tends to make health care less available. constitutionality, as well as whether it treats health care costs in California rose 343 per- I would like to do something about that those victimized by large corporations and cent, nearly twice the rate of inflation. Not only problem—but I think that if Congress is going medical devices fairly. In addition, it places de that, but the California costs exceeded the na- to act, it should do so in a way that is both facto price controls on the amounts injured tional average each year during that period by better balanced and better focused than the parties can receive in a lawsuit and rewrites an average of 9 percent per year. bill the House is debating today. every contingency fee contract in the country. Any rate stabilization that has occurred in The need for balance and focus is all the Yet, among all the new assumptions of federal California is not due to caps, but to Propo- greater when Congress considers legislation power, this bill does nothing to address the sition 103, which went into effect in 1990. that would apply everywhere and would over- power of insurance companies over the med- Proposition 103 was an insurance reform ini- ride a number of different State laws, including ical profession. Thus, even if the reforms of tiative that changed California’s insurance laws related to the relations between Health H.R. 5 become law, there will be nothing to laws from a so-called ‘‘open competition’’ to a Maintenance Organizations (HMOs) and indi- stop the insurance companies from continuing ‘‘prior approval’’ regulatory system. Prop. 103 vidual patients. to charge exorbitant rates. requires insurers to obtain approval of rate in- Over the years, many of our colleagues— Of course, I am not suggesting Congress creases. But even with enactment of Propo- particularly those on the other side of the place price controls on the insurance industry. sition 103, rates in California have stayed aisle—have been outspoken about the prob- Instead, Congress should reexamine those close to national premium trends. lems associated with that kind of top-down, federal laws such as ERISA and the HMO Act Medical malpractice insurance rate hikes one-size fits-all approach to a problem that of 1973, which have allowed insurers to are cyclical. They tend to be at their highest can be addressed by State legislators who are achieve such a prominent role in the medical when insurance companies’ investment in- in a better position to respond to the particular profession. As I will detail below, Congress come is at its lowest. Tort caps have not and circumstances of their constituents. should also take steps to encourage contrac- do not eliminate this cyclical pattern. I haven’t always agreed with those criti- tual means of resolving malpractice disputes. I’m not the only one who has said that tort cisms, but in this case I think they are appro- Such an approach may not be beneficial to caps alone will not lower insurance rates. I priate. the insurance companies or the trial lawyers, would like to quote just a few other individuals For example, Colorado law places limits on buy will certainly benefit the patients and phy- who have made similar statements: the amounts that can be awarded in some sicians, which both sides in this debate claim ‘‘Insurers never promised that tort reform lawsuits against doctors. I do not think the to represent. would achieve specific savings.’’—American Colorado law is perfect, but I do think that our H.R. 5 does contain some positive ele- Insurance Association legislature is in a better position to judge such ments. For example, the language limiting joint ‘‘We wouldn’t tell you or anyone that the matters than the Congress—especially when and several liabilities to the percentage of reason to pass tort reform would be to re- we are forced to act under the kind of restric- damage someone actually caused, is a reform duce insurance rates.’’—Sherman Joyce, I have long championed. However, Mr. Speak- president of the American Tort Reform Asso- tive rules the one that applies to this bill. ciation I hoped the Republican leadership would let er, H.R. 5 exceeds Congress’ constitutional ‘‘Many tort reform advocates do not con- the House consider amendments that could authority by preempting state law. Congres- tend that restricting litigation will lower in- have made this bill more effective and better sional dissatisfaction with the malpractice laws surance rates, and I’ve never said that in 30 balanced. However, that did not happen, and in some states provides no justification for years.’’—Victor Schwartz, general counsel to now we are forced with a take-it-or-leave it Congress to impose uniform standards on all the American Tort Reform Association choice—a ‘‘my way or the highway’’ approach 50 states. The 10th amendment does not au- Insurance companies are reluctant to look at to legislating that is unworthy of this House. thorize federal action in areas otherwise re- any role they may play in the increasing liabil- Under those circumstances, and after care- served to the states simply because some ity insurance rates. Yet, their investment prac- ful consideration, I have decided I cannot sup- members of Congress are unhappy with the tices have made it nearly impossible for them port the bill. I am not persuaded that it will way the states have handled the problem. to balance paid claims with premiums. Cap- have a significant effect on the premiums doc- Ironically, H.R. 5 actually increases the risk of ping damages for plaintiffs is only one part of tors have to pay for malpractice insurance—or frivolous litigation in some states by length- the stabilization equation. In order to bring at least an effect great enough to warrant the ening the statue of limitations and changing about true stabilization, we must reform the in- reduction in the ability of injured people to win the definition of comparative negligence! surance industry. redress of their damages. I am also disturbed by the language that H.R. 5, without insurance reform is mean- We have heard much about ‘‘frivolous’’ law- limits liability for those harmed by FDA-ap- ingless. H.R. 5 simply re-injures the legitimate suits—and I think there really are some. But proved products. This language, in effect, es- victims of medical malpractice. not every lawsuit is frivolous—some are well- tablishes FDA approval as the gold standard Had we been given the opportunity, Demo- founded, because sometimes people really are for measuring the safety and soundness of crats would have offered a substitute crafted hurt by negligence or other improper conduct. medical devices. However, if FDA approval by Representative DINGELL and CONYERS. If I were persuaded that this bill struck the guaranteed safety, then the FDA would not That substitute takes concrete steps to elimi- right balance, reducing the risks of frivolous regularly issue recalls of approved products nating frivolous lawsuits. It requires insurance lawsuits without unduly affecting the others— later found to endanger human health and/or companies to share their savings with doctors and if I were persuaded that as a result esca- safety. and patients. It evaluates the causes of insur- lating insurance premiums would be effectively Mr. Speaker, H.R. 5 also punishes victims ance rate increases and proposes solutions. In restrained—I would support it. of government mandates by limiting the ability short, it seeks to deal with the problem of ris- But as it is, I am not persuaded of those of those who have suffered adverse reactions ing medical malpractice insurance rates by ad- things and so, given the sole choice of a yes from vaccines to collect damages. Many of dressing all aspects of the problem—insur- or no vote, I must regretfully vote no. those affected by these provisions are children ance companies, doctors, patients, and the Mr. PAUL. Mr. Speaker, as an OB–GYN forced by federal mandates to receive vac- tort system. It would have been the com- with over 30 years in private practice, I under- cines. Oftentimes, parents reluctantly submit prehensive and fair way of fighting the real stand better than perhaps any other member to these mandates in order to ensure their problem. This legislation would have pre- of Congress the burden imposed on both children can attend public school. H.R. 5 rubs vented the forest fire before it began. medical practitioners and patients by exces- salt in the wounds of those parents whose The Members of this House—and the gen- sive malpractice judgments and the cor- children may have been harmed by govern- eral American public—deserve the opportunity responding explosion in malpractice insurance ment policies forcing children to receive un- to consider a real proposal to address the premiums. Malpractice insurance has sky- safe vaccines. medical malpractice insurance rate crisis. I rocketed to the point where doctors are unable Rather than further expanding unconstitu- urge a no vote on this rule. to practice in some areas or see certain types tional mandates and harming those with a le- Mr. UDALL of Colorado. Mr. Speaker, I re- of patients because they cannot afford the in- gitimate claim to collect compensation, Con- gret that I cannot support this legislation. surance premiums. This crisis has particularly gress should be looking for ways to encourage

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 9920 E:\CR\FM\A13MR7.044 H13PT1 H1860 CONGRESSIONAL RECORD — HOUSE March 13, 2003 physicians and patients to resolve questions of These are the reasons I have cosponsored because the injury doesn’t directly affect his or liability via private, binding contracts. The root H.R. 1124, which has been introduced by her ability to work. For example, the facial cause of the malpractice crisis (and all of the Rep. DINGELL. H.R. 1124 would address high disfiguration 17-year-old Heather Lewinski has problems with the health care system) is the malpractice rates through moderate tort re- had to live with for the past 9 years because shift away from treating the doctor-patient rela- forms, requiring attorneys to submit a certifi- when she was 8 years old a plastic surgeon tionship as a contractual one to viewing it as cate of merit declaring a case to be meri- committed clear malpractice and scarred her one governed by regulations imposed by in- torious, and requiring medical malpractice in- for life. The years of pain and suffering Heath- surance company functionaries, politicians, surance companies to dedicate at least 50 er has lived with and testified to before the government bureaucrats, and trial lawyers. percent of the savings from these tort reforms Energy and Commerce Committee two weeks There is no reason why questions of the as- to reducing the insurance premiums paid by ago are real. Heather’s lawsuit against the sessment of liability and compensation cannot physicians and other health professionals. In plastic surgeon who injured her resulted in be determined by a private contractual agree- addition, H.R. 1124 attempts to look at the zero economic damages, but she did receive ment between physicians and patients. broad issues that may have contributed to the compensation in the form of noneconomic I have introduced the Freedom from Unnec- high malpractice rates doctors across the damages. H.R. 5 would have limited her essary Litigation Act (H.R. 1249). H.R. 1249 country are facing by establishing an inde- award to $250,000. I cannot vote for legisla- provides tax incentives to individuals who pendent advisory commission on medical mal- tion that would arbitrarily limit the damages agree to purchase malpractice insurance, practice insurance. I wish Congress had acted that might be so important to the average which will automatically provide coverage for quickly and in a bipartisan fashion last year— American who finds themselves injured any injuries sustained in treatment. This will had we done so, we may already have more through medical malpractice. Although pro- insure that those harmed by spiraling medical answers about why rates are now as high as ponents of H.R. 5 contend that the bill will limit errors receive timely and full compensation. they are. And finally, H.R. 1124 would create frivolous lawsuits, I believe it will not do so; in- My plan spares both patients and doctors the a grants program through the Department of stead, this provision would arbitrarily cap meri- costs of a lengthy, drawn-out trial and re- Health and Human Services to ensure that torious claims of malpractice. spects Congress’ constitutional limitations. I ask my colleagues: if we trust our jury sys- Congress could also help physicians lower areas affected by high malpractice rates do tem to make decisions about life and death, I insurance rates by passing legislation, such as not suffer a shortage of providers. However, my Quality Health Care Coalition Act (H.R. we will not even hear debate about these pro- believe we must be able to trust that jury sys- 1247), that removes the antitrust restrictions visions or others because the Leadership tem to make decisions about money. The increase in malpractice rates is a huge preventing physicians from forming profes- passed a closed rule that limits debate to the problem for doctors and hospitals, and that is sional organizations for the purpose of negoti- base bill. This does a disservice to the Amer- why I wish this bill had been crafted with input ating contracts with insurance companies and ican people, to the House, and to the health HMOs. These laws give insurance companies care providers we want to help. from the leaders of both parties. At the least, and HMOs, who are often protected from ex- I believe H.R. 5 will not address the high I wish we had the benefit of an open rule that cessive malpractice claims by ERISA, the abil- malpractice rates our doctors are confronting. would allow real debate here on the floor. I will ity to force doctors to sign contracts exposing H.R. 5 fails to address or even acknowledge not support this bill because I think it fails to them to excessive insurance premiums and the complicated nature of this problem: my prevent frivolous lawsuits, fails to address the limiting their exercise of professional judg- colleagues who have introduced H.R. 5 problems with the insurance industry, and fails ment. The lack of a level playing field also en- haven’t considered how the insurance industry to provide direct relief to communities that are ables insurance companies to raise premiums may have contributed to the high rates or con- struggling with access problems resulting from at will. In fact, it seems odd that malpractice sidered how individual states’ systems have high malpractice rates. premiums have skyrocketed at a time when in- affected malpractice rates. Mr. SHAYS. Mr. Speaker, I rise in support surance companies need to find other sources Throughout the Energy and Commerce of the medical malpractice reforms contained of revenue to compensate for their losses in Committee’s consideration of H.R. 5, I spoke in H.R. 5, the HEALTH Act. This legislation the stock market. about two provisions in H.R. 5 that I strongly will help prevent frivolous litigation and signifi- In conclusion, Mr. Speaker, while I support oppose. cantly limit the practice of ‘‘defensive medi- the efforts of the sponsors of H.R. 5 to ad- First, H.R. 5 would limit the liability of cine,’’ which has contributed to spiraling health dress the crisis in health care caused by ex- HMO’s, drug companies, and nursing homes. care costs. cessive malpractice litigation and insurance These companies have never come to me to H.R. 5 caps noneconomic at $250,000, but premiums, I cannot support this bill. H.R. 5 ex- explain why their liability should be limited; in doesn’t place any limit on the economic dam- ceeds Congress’ constitutional limitations and fact, I strongly believe consumers should have ages which plaintiffs can recover. Excessive denies full compensation to those harmed by the right to use every tool possible to collect jury awards have driven the cost of health the unintentional effects of federal vaccine damages if they are injured by a drug or de- care up for everyone, so in my mind, there mandates. Instead of furthering unconstitu- vice company whose product is defective. My has to be a limit on how much juries can tional authority, my colleagues should focus constituents have access to prescription award victims in non-economic and punitive on addressing the root causes of the mal- drugs—the drugs are there in the pharmacy, damages. The HEALTH Act is critical to re- practice crisis by supporting efforts to restore ready to be purchased, and the drug compa- tarding the explosion in health costs and mak- the primacy of contract to the doctor-patient nies aren’t going out of business. Unfortu- ing insurance more affordable to the 41 million relationships. nately, many of my constituents, especially Americans who lack it. Mr. STRICKLAND. Mr. Speaker, I speak on seniors, can’t afford to pay the prices these The dramatic increases in insurance rates the floor today in opposition to H.R. 5 and in companies are charging. Since the drug com- which many physicians have experienced over opposition to the closed rule under which we panies are doing quite well, I think it’s safe to the past year also prevent them from actually are debating the bill. say that they don’t need the further protections practicing medicine. Many physicians I have I have heard from doctors and hospitals H.R. 5 would afford them. spoken to are at wits’ end trying to figure out throughout my district that they are struggling Second, I cannot support H.R. 5 because of how to maintain their practice and pay these with high malpractice rates. I think we all rec- its $250,000 limit on noneconomic damages. exorbitant costs. ognize that this is a big problem in many re- Noneconomic damages are awarded by a jury On March 4, the American Medical Associa- gions of the country, and I believe we must to compensate a victim for intangible pain and tion added Connecticut to the list of states fac- take action to ensure patients can continue to suffering. These noneconomic damages com- ing crises in their medical malpractice insur- access quality and timely health care. In my pensate for real, permanent harms that are ance rates. The organization also cited Con- rural Ohio district, access to care is a constant not easily measured in terms of money, in- necticut as a state where a large number of problem for many of my constituents. I hear cluding blindness, physical disfigurement, loss physicians have ended their practices because the voices of the family practice physicians of fertility, loss of limb, loss of mobility, and of the high medical malpractice insurance who tell me they no longer may be able to af- the loss of a child. rates. ford to deliver babies. In some cases in Ohio, Noneconomic damages are often very im- These malpractice reforms, which are based pregnant women must travel long distances portant to low income adults, women, and chil- on a proven California law, will make much- for prenatal care and delivery services be- dren who often would not recover a large eco- needed changes to the federal civil justice cause there is only one doctor providing these nomic damage award when they are injured. system without denying the legal rights of le- services throughout a county. Something must In addition, someone whose injury is purely gitimate plaintiffs. It is imperative we move for- be done, but I do not think H.R. 5 gets it done. cosmetic may not have economic damages ward on this reform to discourage abuse of

VerDate Dec 13 2002 04:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 9920 E:\CR\FM\A13MR7.046 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1861 our legal system and curb the unsustainable shortages of health providers due to the high tributed sharply to the current problem. H.R. 5 growth of medical costs in our country. premiums. does not reform the insurance industry, places Mr. Speaker, I strongly support the HEALTH Although the Democratic substitute was su- unfair, restrictive caps on victims, and does Act because it will bring meaningful reform to perior for this crisis situation, the Republicans not address frivolous lawsuits. For these rea- a flawed system. I urge my colleagues to vote used their control of the House to prevent the sons, I oppose H.R. 5. for this legislation. substitute from being brought to the floor for a Mr. GARRETT of New Jersey. Mr. Speaker, Ms. KILPATRICK. Mr. Speaker, H.R. 5 is debate, along with any amendments that it’s always easier to fix blame than to find a the Republican’s quick fix to the health care Democrats would have offered. This is un- solution. That’s certainly true when it comes to crisis across the nation. They address the democratic and an irresponsible use of leader- the health care accessibility crisis we have problem of increased insurance cost for med- ship. The House floor is where all members right now in America. ical malpractice, but have proposed a con- should have the opportunity to discuss various In state after state, including my home state torted theory for fixing it. An in-depth look at ideas, views or bills from both sides of the of New Jersey, doctors are closing down or H.R. 5 shows that it does absolutely nothing to aisle. To preclude that possibility is undemo- limiting their practices. Trauma centers are implement ways to decrease insurance pre- cratic. Mr. Speaker, I do not agree with the shutting their doors, and overall health care mium costs, and furthermore, it does initiate Republicans regulation of this very important costs are rising dramatically because of med- means to increase the availability of medical issue and I also vehemently disagree with ical liability problems. Who suffers? Thou- malpractice insurance. For the foregoing rea- H.R. 5. sands upon thousands of individual patients sons, I voted ‘‘no’’ on this passage. Mr. COSTELLO. Mr. Speaker, I rise today in who need care—some who need critical care. H.R. 5 will limit the amount of non-economic opposition to H.R. 5, the HEALTH Act. There Rather than solve this problem, some peo- damages that a patient can recover in a mal- is no question that medical liability insurance ple want to distort the facts and point fingers practice suit and it sets a bar for punitive dam- rates are out of control. These high insurance to serve a large political agenda. They’d sac- age recovery that is nearly impossible to costs are threatening to put many doctors and rifice access to medical care as part of their reach. Overall, this bill limits the amount of re- other health care professionals out of business effort to prevent tort reform of any kind. covery for all patients by providing a one-size- and limit access to health care. However, I Today, I have heard allegations that the real fits-all solution. How can we limit what a jury cannot in good faith support legislation that culprit is the lack of regulation over insurance can award to an individual who has lost her/ limits the rights of patients, victims, and their company investment practices and pricing. As his right to reproduce because of a doctor’s or families while protecting the health insurance the former chairman of the New Jersey As- medical manufacturer’s negligence? How can industry. HMOs and big health insurers should sembly Insurance Committee, I can assure we limit damage awards to an individual who not receive special treatment; they are not you that this is simply not the case. Insurance has been paralyzed as a result of their neg- above the law and should not be exempt from is a highly-regulated industry, where state in- ligence? How can we set a standard that is so responsibility through this legislation. surance departments oversee nearly every as- difficult to meet that it will reduce the oppor- Under H.R. 5, insurance carriers can still pect of the marketplace, including product tunity that plaintiffs will have to punish these raise rates any amount, at anytime. The Re- pricing and insurer investment practices. defendants for their malicious acts? H.R. 5 is publican Leadership refused to allow free and To be more specific, state insurance laws moving away from fixing the crisis in our fair debate by not allowing a substitute or any do not allow insurance companies to raise health care industry and leaning towards mak- amendments to be debated and voted upon rates to make up for past investment losses. ing it worse by essentially punishing the vic- by the House of Representatives. The sub- As Steve Roddenberry, a top Florida insur- tims. stitute would reform malpractice insurance car- ance official, said recently, and I quote, ‘‘We Mr. Speaker, we need a bill that acts fast to riers, which is essential in solving the medical cannot permit it.’’ Furthermore, the stock mar- help doctors and the medical industry sustain liability crisis. It would also weed out frivolous ket has very little influence on companies who themselves financially. Right now, as we de- lawsuits without restricting the rights of legiti- write medical malpractice insurance. In 2001, bate H.R. 5, thousands of doctors are leaving mate claims. stock market investments made up just 9 per- their respective states because they cannot af- H.R. 5 is a one-size-fits-all approach that cent of the industry’s portfolio. Just 9 percent. ford the high insurance premiums. Doctors are places caps on non-economic and punitive So it’s simply not true that the lack of insur- now taking on much heavier loads of patients, damages and does not address the issue of ance regulation is causing premium increases. much more than some of them can handle. To frivolous lawsuits. When a stay-at-home moth- But what is causing those increases? such as extent, some say that their situation is er, child, or senior citizen dies or suffers irre- In large part, it’s because the insurers are ripe for potential negligence cases, as they versible harm, there is no economic loss be- paying out more than they’re taking in. That’s are not able to devote the attention necessary cause it is impossible to prove damages from right—insurance is an income-and-expense for the patient. They need our help now, Mr. loss of income. H.R. 5 takes away the rights business just like any other. And in today’s Speaker, and we cannot change their situation of parents who lose children, husbands who medical malpractice marketplace, companies by selling unfounded limits on non-economic lose wives, children who lose parents, and pa- are being forced to spend more on claims damages. tients who have very real losses that are not than they can collect in premiums. Additionally, we must work to curb rogues easily measured in terms of money. These The bottom line? The average medical mal- from bringing fraudulent malpractice claims caps imposed in H.R. 5 unfairly take away the practice insurance company is paying out that flood our courtrooms, which are factored rights of victims of medical malpractice to re- $1.50 for every dollar it collects. That’s not a into the issue of high insurance premiums. For ceive compensation for their injuries. recipe for success in the business world. example, we should not prohibit a justified vic- H.R. 5 is modeled after the state of Califor- And that’s why we have this crisis. tim from receiving $750,000 in non-economic nia’s 1975 reform laws; however, my Repub- As long as insurance companies, many of damages, but rather, we should aim to deter lican colleagues give a false impression of the which, by the way, are owned directly by their those rogues from each bringing fraudulent ramifications of that law. For more than a dec- insured doctors, are faced with these losing claims for non-economic damages worth ade after California passed the 1975 law lim- scenarios, pressures on rates will continue un- $250,000. H.R. 5 does not provide for any dif- iting damages in medical malpractice lawsuits, less something is done about what causes ferentiation between legitimate claims and the doctors’ premiums continued to rise faster, those companies to lose money. many unwarranted claims that bring a halt to overall, than the national rate of inflation. This leads me back to my original point. If judicial economy every day. Once voters enacted Proposition 103, a meas- the doctors and nurses and hospitals who The Democratic substitute is superior be- ure to cap all insurance rates in California, care for our children, our seniors, and the cause it would have sought and punished premiums leveled off. The ballot initiative neediest among us cannot afford to deliver rogues for bringing fraudulent cases. It would curbed the premiums, not the law imple- that care, we have a much bigger problem not have capped non-economic damages or menting caps. than who’s making some money in the stock punitive damages. The substitute commis- Physicians in Illinois and across the country market. And rather than point fingers, it’s time sioned a study to assess the medical mal- are facing skyrocketing medical liability pre- we address the real issue of lawsuit abuse, so practice issue and determine how we can bet- miums, and for many providers, medical liabil- we can solve the problem and let the health ter address and then eliminate the problem. ity insurance is either unaffordable or com- care system start working again. As for the current crisis, the substitute would pletely unavailable. I believe something needs Mr. Speaker, patient access to care in jeop- authorize the Department of Health and to be done to derail frivolous lawsuits and re- ardized. Physicians are being forced to limit Human Services (HHS) to provide grants to form the insurance industry. Insurers’ business services and practice defensive medicine and geographic areas that experienced extreme practices for accounting and pricing have con- patients are bearing the burden, often being

VerDate Dec 13 2002 04:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 9920 E:\CR\FM\A13MR7.073 H13PT1 H1862 CONGRESSIONAL RECORD — HOUSE March 13, 2003 forced to travel hundreds of miles to the next the provisions regarding pharmaceutical and Mr. Speaker, this bill is dangerous because available doctor in order to receive life-saving medical devices. The bill completely exempts it proposes a one-size-fits-all limit, regardless care. from liability medical device makers and dis- of the circumstances. It supersedes the laws I strongly encourage my follow members to tributors as well as pharmaceutical companies, of all fifty states and will not solve the problem pass the HEALTH Act, providing a much- as long as the product complies with FDA of high insurance costs. needed, common sense solution toward re- standards. These provisions would have no ef- The real culprit is the insurance industry. All forming America’s medical justice crisis. To- fect on medical malpractice insurance rates. insurance premiums—including medical mal- gether, let’s ensure that patients get quality Instead, they would leave victims with little re- practice, automobile and homeowner poli- care first rather than gong to court. course and render them unable to hold phar- cies—have seen a drastic increase in the past Mr. DEFAZIO. Mr. Speaker, I attempted to maceutical companies and the makers of de- few years. These increases are not unique to offer three of the thirty-one amendments to fective medical products accountable for faulty medical malpractice. When the stock market H.R. 5, the HEALTH Act, last night. or unsafe products. returns and interest rates are high, malpractice Inexplicably, these were disallowed out of Another problem with H.R. 5 is that it over- premiums go down. When investment income hand. rides some state laws. While the bill would not goes down insurance companies increase pre- This rule is an abuse of the process. Yes, override Wisconsin’s own cap on non-eco- miums and reduce coverage. This is a fab- it might be payback to the Democrats based nomic damages, it would supersede our state ricated ‘‘liability insurance crisis.’’ What we ac- on some revisionist history, but more impor- laws regarding statute of limitations, attorneys’ tually have is an ‘‘insurance malpractice cri- tantly, it’s a payoff to the Republicans’ gen- fees, and the criteria for punitive damages. sis.’’ erous benefactors in the insurance industry, This bill is a one-size fits all solution that is not Those who support restrictions on medical and through this bill, a payoff to the pharma- right for Wisconsin. malpractice awards must explain these arbi- ceutical industry. Although I oppose H.R. 5, I agree that med- trary limits to the parents of Jessica Santillan, The Republicans claim that the underlying ical malpractice issues must be addressed. the young girl who died after receiving the bill, H.R. 5, will control insurance costs Unfortunately, H.R. 5 is modeled after Califor- wrong organs from a heart and lung transplant through so-called ‘‘tort reform.’’ This bill won’t nia’s law, not Wisconsin’s statutes. The suc- operation at Duke University Hospital. do that. In fact, in 1999, a senior executive at cessful components of Wisconsin’s medical Because of cases like this, Congress must the American Tort Reform Association con- malpractice laws could be the basis for a expand, not limit patient’s rights. ceded that ‘‘We wouldn’t tell you or anyone much better bill. I urge my colleagues to go This bill does not address the high cost of that the reason to pass tort reform would be back to the drawing board to craft a con- insurance. Instead it limits meritorious cases to reduce insurance rates.’’ sensus piece of legislation that both protects This is the third crisis in medical malpractice and valid judgments. An exhaustive study of patients and keeps physicians in business. In the court system by the University of Georgia in 25 years. Each of these ‘‘crises’’ happens to Wisconsin, we are proud to have laws that ef- coincide with recessions, stock market concluded that ‘‘there is no evidence of an ex- fectively accomplish both of these goals. plosion in tort filings, and there are few signs downturns, and insurance industry investment These laws are threatened, however, by the losses. of run-a-way juries.’’ In contrast, this bill will current proposal. Therefore, I oppose H.R. 5. hurt real people with real losses. I urge my The insurance industry is an equal oppor- Mr. SHAW. Mr. Speaker, I rise today in colleagues to vote against this bill and defeat tunity market abuser. They legally can and strong support of H.R. 5, the HEALTH Act. this fraud on the public. regularly do collude to raise rates and limit America’s doctors are facing a full blown cri- Mr. CROWLEY. Mr. Speaker, a lot of people availability of all lines of insurance. If this ‘‘cri- sis. What’s at stake is nothing less than the on the other side have one crucial fact sis’’ in medical malpractice insurance is due to survival of the profession. What’s to blame is wrong—capping medical malpractice awards a malpractice crisis then why also is there a astronomical medical liability insurance rates. crisis in health insurance, homeowners’ insur- Patients have watched helplessly as physi- does not mean insurance rates will fall. ance, auto insurance, and general liability in- cians have had to limit services or close their I have charts here that compare the aver- surance? Health insurance costs are up 13 doors altogether and flee the state in search age insurance premium for states with dam- percent, homeowners insurance, 8 percent, of more business friendly environments. Even age caps versus the average insurance pre- and auto insurance, 8.5 percent. Maybe it’s worse, many young people who dreamed of mium for states with no caps. time the insurance industry was subject to the studying medicine are choosing not to, real- For OB/GYN doctors, supposedly a group same laws as other industries. izing they won’t be able to reconcile their especially hard hit by medical malpractice Mr. Speaker, the solution that will bring re- dream with the reality of making a living. awards—we find that OB/GYNs in states with- lief and improve access to our nation’s physi- In my state of Florida, the situation is out caps on damages pay $44,485 in insur- cians will start with a repeal of the antitrust ex- among the worst in the nation. The American ance. OB/GYNs in states with caps on dam- emption of the insurance industry. Legislation Medical Association has labeled Florida as ages pay $43,010—a ‘‘whopping’’ 3.4 percent like H.R. 5 simply allows the insurance indus- one of 19 ‘‘in crisis’’ regarding medical liability difference. try to profit off the backs of both doctors and which can reach sums of over $200,000 annu- For general surgery doctors, they pay patients. ally. When it’s easier to sue a doctor than to $26,144 in premiums if they are in a state with Mr. KIND. Mr. Speaker, I rise today in oppo- see a doctor, something has to be done. no caps on damages. They pay $602 more— sition to the HEALTH Act, H.R. 5. Although I We know that the reforms in the HEALTH not less—if their state caps malpractice support the concept of sensible medical mal- Act will actually lower the overall cost of awards. practice laws, this bill goes too far in defend- healthcare. Doctors, laboring under a constant Look, if we want to decrease medical mal- ing negligence and not far enough in pro- fear of being sued, have a natural tendency to practice insurance costs for doctors, then let’s tecting patients. practice defensive medicine—ordering tests talk about that. In my home state of Wisconsin, we have that may not be needed or refusing to perform Let’s talk about investigating insurance com- medical malpractice laws that work. The com- more risky procedures. The direct cost of mal- pany pricing practices. ponents of this successful law include a cap practice insurance and the indirect cost from Or, if we want to cap something, then let’s on non-economic damages of $442,000, which defensive medicine raise the federal govern- cap the actual problem, insurance rates. is indexed annually for inflation; a requirement ment’s health care cost by at least $28 billion But to put the blame for rising insurance that all providers carry malpractice insurance; a year. costs on victims—that’s not only cruel, it’s and a victims’ compensation fund. It is clear that the current system of dispute completely false. The victims’ compensation fund is a unique resolution is not working. The entire industry Mrs. MCCARTHY of New York. Mr. Speak- entity that has served both patients and health suffers for the few bad eggs out there. Only er, I rise today in strong opposition to H.R. 5, care providers well. The fund operates by col- 5% of doctors account for more than half of all the HEALTH Act. As a nurse, I understand all lecting contributions from Wisconsin health the money paid out in malpractice suits, but all too well the high cost of malpractice insurance care providers and paying the victims once an doctors pay the costs in their premiums. I be- and I recognize the crisis this is creating in our award has been determined. The physicians lieve it will take reform on the federal level to healthcare system, particularly in areas of are liable only for the first $1 million in an get the country’s health system back on high-risk procedures. I want a solution to fix award. If the award exceeds $1 million, the course and out of the courtroom and I there- this problem, but H.R. 5 is not the solution to compensation fund will pay the remainder of fore, support the HEALTH Act. I urge a ‘‘yes’’ helping this crisis. the award. vote on H.R. 5. H.R. 5 will only make this crisis worse. H.R. A major problem with H.R. 5 is that it goes Mr. BISHOP. Mr. Speaker, I rise today to 5 exempts HMOs, pharmaceutical companies, beyond medical malpractice law by including oppose H.R. 5. and the FDA from punitive damage awards.

VerDate Dec 13 2002 04:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 9920 E:\CR\FM\A13MR7.076 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1863 This means that HMOs will continue to make riers in several cases appear to have relied on these independent physicians on their payroll medical decisions for patients based on what’s the investments in the booming stock market in order to provide coverage for them through best for their bottom line and not what is best of the 1990s to price premiums at levels below the hospital captive insurance company. Since medicine for the patients they serve. Under the market price. Today’s premiums seem de- Chester County Hospital does twenty-one hun- this legislation, a pharmaceutical company signed to offset losses suffered when the mar- dred or so deliveries a year, this load was too manufactures a drug or the FDA approves a ket soured. big for other providers in the area to pick up. product that proves to be harmful or deadly, a Meanwhile, it is unclear that even capping Women would have had to leave Chester patient’s family is limited in their recourse. noneconomic damages in medical malpractice County to have their babies. After last year’s Congressional debate, on the cases would lower premiums. Since California Lancaster General Hospital, also in my dis- need to hold HMOs accountable for their ac- passed MICRA and capped noneconomic trict, had to abandon plans to open a new clin- tions I am shocked that anyone who sup- damages in the 1970s, their premiums have ic to serve the poor in Lancaster City when it ported the Patient’s Bill of Rights can vote for risen at rates above inflation. learned that it would have to pay $1.5 million this legislation. Lastly, it took the 1985 passage of Propo- more for malpractice insurance. This is unac- In addition, by capping the punitive dam- sition 103, which imposed price controls on ceptable. We cannot wait any longer to ad- ages to $250,000, this bill unfairly penalizes premiums, to control the rising costs of pre- dress this crisis. children, the elderly, and mothers who stay at miums in California. Even with caps, California Pennsylvania is not alone. In fact, most home since it is impossible to prove economic premiums are eight percent higher than in States face this same crisis. Patient access to damages from lost wages. The only com- States without caps. health care is on the decline. It is alarming. pensation these patients have is non-eco- When considering this issue, we should not Unless we can reign in the costs of medical li- nomic or punitive damages. just consider tort reform, but examine the busi- ability, men, women, and children across the Mr. Speaker, I am appalled at the arrogance ness and accounting practices of medical mal- country will suffer from lack of access to of the Republican leadership, for prohibiting practice insurance carriers. health care. Our health care system cannot Members from offering any amendments to In committee, I introduced a substitute support nor afford the big payouts of medical improve this legislation in any way shape or amendment to the underlying bill. The amend- liability lawsuits. form. ment would have created a medical mal- H.R. 5 is not simply an important bill, but a Mr. Speaker, had I been allowed to offer an practice commission to study the rising costs critical one. It will inject predictability and fair- amendment, I would have offered the following of medical malpractice insurance. ness into the medical liability process. to improve this legislation: Last year, the Health Subcommittee held a The bottom line is this: If you care about pa- Reducing frivolous lawsuits.—We need to hearing on the rising premiums. However, the tient access to health care and are concerned limit the amount of time during which a patient committee never adequately considered the about the rampant increase in the cost of can file a medical malpractice action to no impact of the business practices employed by health care, vote for this bill that is before us later than three years from the date of injury, carriers on the rising cost of medical mal- today. or three years from the date the patient dis- practice insurance. That is the real issue. Vote for H.R. 5. covers the injury. And require an affidavit by a To date, the government has not fully exam- Mr. NEY. Mr. Speaker, I rise today to ex- qualified specialist before any medical mal- ined all of the possible root causes for the rise press my support for H.R. 5, the Help Effi- practice action may be filed. This ‘‘Qualified in medical malpractice insurance. cient, Accessible, Low-Cost, Timely Specialist’’ would be a health care profes- My amendment in committee would have Healthcare Act of 2003. Our healthcare sys- sional with knowledge of the relevant facts of stripped the underlying bill and created a Fed- tem is currently in a crisis. Medical malpractice the case, expertise in the specific area of eral bipartisan commission of eight members insurance rates have risen to epidemic levels practice, and board certification in a specialty to study the cause of rising medical mal- in many areas of the country—so much so relating to the area of practice. practice premiums during the last 20 years. that it is a national problem, not just a state or Reducing premiums.—We should require Specfically, the commission would look at local issue. For many physicians, their rates medical malpractice insurance companies to the investment, accounting, and pricing prac- have risen at factors of over four times the annually project the savings that will result tices of carriers, as well as jury awards in level that they experienced when they began from the anti-price fixing mechanisms required medical malpractice cases to determine what practicing medicine. by the Democrat substitute. Insurance compa- is causing the rise in premiums. Mr. Speaker, imagine having to pay up- nies must also develop and implement a plan We all deserve our day in court; the case wards of $130,000 to $150,000 out of your to annually dedicate at least 50 percent of for caps on noneconomic damages has not own pocket to do business. This is what our those savings to reduce the insurance pre- yet been made. Before placing an unreason- doctors are experiencing. miums that medical professionals pay. ably low cap on noneconomic damages in Statistics such as these have far reaching Solving healthcare professionals shortage.— medical malpractice suits, let’s sufficiently implications and effects on our Nation’s We need to provide grants or contracts study the issue and determine the root cause healthcare system. As insurance rates rise, through the Health Resources and Services for the rising premiums. the costs to do business rise, and the costs to Administration (HRSA) to geographic areas Mr. PITTS. Mr. Speaker, I rise today in sup- consumers and patients rise. The end result is that have a shortage of one or more types of port of H.R. 5. that hardworking Americans are paying the tab health providers as a result of dramatic in- Medical liability reform is one issue on for unwieldy lawsuits. The HEALTH Act will creases in malpractice insurance premiums. which we cannot afford to waste time. In my help to lessen the medical liability of Mr. Speaker, I urge all my colleagues to home State of Pennsylvania, medical liability healthcare professionals and will thus lower vote against H.R. 5. is not just a problem; it’s a crisis. Medical li- the costs of healthcare to all Americans. It will Mr. WYNN. Mr. Speaker, the issue of high ability rates are up 81 percent in Pennsyl- reduce these lottery style lawsuits and will im- premiums for medical malpractice insurance is vania, and higher for some specialties. Every prove the protections for victims of mal- an important issue to doctors and patients. It year, $22 billion is sucked out of the American practice. is important that we lower insurance pre- economy due to excessive medical liability This bill allocates damages fairly by holding miums, giving patients greater access to care. claims. In Pennsylvania alone, there are $1.2 a party liable only for his or her degree of However, I am opposed to H.R. 5, the billion in payouts each year. That’s $1,000 for fault. It also requires that a jury be informed of HEALTH Act. every man, woman, and child in the Common- any payments already made, allowing for con- First, tort reform has historically been the wealth. As a result, insurance companies are sideration of payment by other tortfeasors. province of the States. All but 14 States, have fleeing and many doctors cannot afford—fi- The act does provide for full compensation of some form of caps on medical malpractice nancially nor professionally—to continue to economic damages, such as future medical suits. Thus, there is no need for Federal inter- practice medicine in the State. expenses and loss of future earnings, and it vention. Last year, Chester County Hospital, in my does not limit damages recoverable for phys- However, I am not convinced that medical district, came very close to taking the drastic ical injuries resulting from a provider’s care malpractice litigation alone has caused the in- step of closing its maternity ward when insur- nor does it cap punitive damages. crease in medical malpractice premiums. ance for the obstetricians skyrocketed. The Instead, it places reasonable limits on puni- There is convincing evidence that suggests doctors reported that they would have to dis- tive damages. They would be limited to the that the rise in medical malpractice liability continue offering care at that hospital. Thank- greater of: Two times a patient’s economic premiums stems from poor business practices fully, the hospital stepped in at the last minute damages, or $250,000. The HEALTH Act does by many insurance companies. Insurance car- with a temporary solution and actually put limit unquantifiable, noneconomic damages,

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 9920 E:\CR\FM\A13MR7.056 H13PT1 H1864 CONGRESSIONAL RECORD — HOUSE March 13, 2003 such as pain and suffering, to $250,000. Pa- I believed last year, as I believe now, that It’s unconscionable for Congress to deprive tients will also be ensured that there will be a solution to the problem of rapidly rising med- these victims of the right to have a jury decide funds to cover future medical expenses, and ical malpractice insurance premiums must ad- what their pain and suffering is worth. that a damage award will not risk bankrupting dress all of the factors that contribute to pre- Stephen Olson was left blind and brain- the defendants. The bill achieves this by al- mium cost. I have spoken with many physi- damaged after an HMO refused to give him an lowing payments for future medical expenses cians in my congressional district about this $800 CAT scan when he was two years old. to be made periodically, rather than in a single problem, and almost to a person, they agree He’ll need round-the-clock supervision for the lump sum. with my assessment that Congress should rest of his life. The jury awarded him $7.1 mil- In conclusion, Mr. Speaker, for the sake of look at the entire health care system for a so- lion for his pain and suffering. But California America’s patients and healthcare system, I lution to this very complex problem. Neither has a cap of non-economic damages, so the urge my colleagues to put partisanship aside this legislation nor the hearings held in House judge was forced to reduce the award to and to pass this important piece of legislation. committees addressed the pricing and ac- $250,000. Is that really all he is owed for the Mr. Baca. Mr. Speaker, I come to the floor counting practices of medical malpractice in- irreversible damage that was done to him? today in opposition to H.R. 5. I oppose this surance companies. The legislation before us Linda McDougal receive an unnecessary legislation because it will do nothing to change addresses neither the responsibilities of the double mastectomy after doctors mixed up her the current liability rates for doctors and it will medical profession, through state medical lab results and erroneously told her that she punish America’s senior, children, and poor boards, to police itself, nor the barriers that had breast cancer. Under this bill, would re- people. exist in some states to keep the profession ceive a maximum of $250,000 for her lifetime People must realize that if this bill is from doing so. This legislation does not pro- of pain and disfigurement. Is that really all she passed, patients will be limited to actual dam- vide solutions to address the problem of med- is owed? Is that really all the compensation ages only. That means a child or senior citizen ical errors nor does it provide one dollar to we would wish for our own mothers, sisters, who doesn’t have income would receive only help hospitals and physicians purchase exist- and wives? $250,000 for their injuries but a CEO with the ing technology that could dramatically reduce The irony is that despite the claims of the same injury could be compensated millions those errors. It is also clear that Congress has bill’s supporters, there is no reason to believe simply because his income is higher. that the cap on non-economic damages will I just don’t see the difference. Under this bill not clearly thought through the consequences of preempting the traditionally state-regulated have a serious impact on insurance premiums. if a homemaker or a waitress from my district A report by the New Jersey Medical Society who works just as hard as a CEO goes into and state-monitored field of health care pro- estimated that a state cap of $250,000 on the hospital and is permanently disabled, she fessions. non-economic damages might result in reduc- would receive $250,000. But if Bill Gates or I truly share the concern of many of my col- tions of, at most, five-to-seven percent. Other Donald Trump goes into the hospital and ex- leagues and those in the medical profession studies suggest that insurance rates are af- periences the same injury, a jury can award about the rising rate of medial malpractice pre- fected less by the level of non-economic dam- them millions. miums. Last week, in my office, representa- Why don’t the Republicans believe that the tives of the Kansas Medical Society expressed ages than by the amounts paid out for eco- waitress or the homemaker deserve just com- their concern that this legislation is over- nomic losses. pensation? Why do Republican’s believe that reaching and a threat to state laws in states And in California, whose 1975 Medical In- a CEO’s injury is worth more than our daugh- like Kansas, where they believe that a delicate jury Compensation Reform Act, known as ter’s, son’s, parent’s, or grandparent’s? Once balance has been achieved between the inter- MICRA, was the model for many of the provi- again, we are seeing legislation from the Re- ests of injured patients and the medical pro- sions of this bill, there is little persuasive evi- publicans that benefits only the wealthy. fession. Notably, many States, including those dence that the law has brought about any re- Insurances companies are currently gouging considered to be in ‘‘crisis,’’ have acted or are duction in premiums. Indeed, a 1995 study our Nation’s doctors and it needs to stop. But, now acting to get their own houses in order. concluded that premiums increased dramati- capping punitive damages at $250,000 will not Mr. Speaker, I call on my colleagues to re- cally during the decade following enactment of help doctors—it will only hurt patients. ject spurious, ill-conceived and overtly political MICRA, and only stabilized once the voters I am horrified that my colleagues on the solutions, and join with me in an effort to at- imposed rate regulation under a 1988 ballot other side of the aisle want to trump the deci- tain a comprehensive understanding of our measure known as Proposition 103. sions made by juries and tell an injured patient Nation’s health care system. Then we can The sponsors of the bill are unwilling to take who has just lost their eyesight or a limb due truly find a solution to this very real crisis. that step. Far be it from them to impose regu- lation on the insurance industry! Yet when it to gross negligence that their injury is worth Mr. DELAHUNT. Mr. Speaker, the sponsors comes to litigation, these apostles of free mar- only $250,000. of this bill have assured the physicians of kets opt for wage and price controls. They are The patient could be in pain for the rest of America that the bill will lower their insurance horrified at the though that Congress would their life. The Republicans want to take the premiums. Yet it includes none of the provi- cap the amount of assets that wealthy bank- power to decide away from the jury and tell sions that would be necessary to bring about rupts can shelter from their creditors, but have everyone that their pain and suffering is only such a result. no compunction about capping the amount worth a mere $250,000—no matter how pain- The bill does nothing to reduce the stag- ful the injury, no matter how permanent the that malpractice victims can recover from their gering number of medical errors that kill so injuries. damage. many thousands of Americans each year. And the Republicans think that once med- I suppose it’s all a question of priorities. If It does nothing to weed out the five percent ical malpractice claims are capped at medical care were really a priority for the ma- of the medical profession who are responsible $250,000 that insurances rates will drop. I jority, we’d be talking about increasing reim- for 54 percent of the claims. hate to break it to the Republicans, but we bursement rates. Improving the quality of med- tried that system in California. Over a 12-year- It does nothing to regulate the rates that in- ical training. Providing incentives for doctors to period rates rose 190 percent. It wasn’t until surance companies charge for their policies. practice in underserved communities. Reduc- we passed sensible insurance reform that doc- Instead of adopting any of these measures, ing the paperwork burden that drives dedi- tors experienced relief from staggering insur- the Republican majority has chosen to blame cated physicians out of the profession. But we ances rates. the victims—capping jury awards at artificially can’t talk about any of these things. They cost We need to get a grip on insurance rates to low levels that are insufficient to meet their money. And with new tax cuts promised and help the doctors, but not at the expense of in- needs, and that makes it difficult for them to deficits mounting, investments in the health jured patients. H.R. 5 does not make sense, find a qualified attorney who is willing to take care system are simply not a priority. we need to stop further punishing injured pa- their case. That’s why we’re debating a bill like this one tients and pass sensible legislation that really The cap on non-economic damages is cru- instead. A bill that does nothing to address the helps doctors. elest to the most vulnerable: children and legitimate concerns of physicians, while inflict- Mr. MOORE of Kansas. Mr. Speaker, I rise mothers who stay at home. They have no ing further harm on patients who have suf- in opposition to H.R. 5. econimic damages. No loss of employment. fered enough. Last year, when the House approved legis- No loss of past and future earnings. No loss Mr. SHUSTER. Mr. Speaker, the rising lation virtually identical to H.R. 5, I expressed of business opportunities. Apart from their costs of medical liability insurance in Pennsyl- my strong belief that Congress should address medical bills, all of their losses are non- vania are among the worst in the country. In the medical malpractice insurance system as economic—for pain and suffering. Physical im- fact, Pennsylvania physicians faced a 50 per- a whole. My calls went unheeded. pairment. Disfigurement. cent increase in insurance costs in 2002, with

VerDate Dec 13 2002 04:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 9920 E:\CR\FM\A13MR7.040 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1865 an additional 50 percent hike expected this pired under the terms of H.R. 5—has resulted nomic damages and that a person can receive year. Physicians have moved from my district in a lifetime of pain and a mountain of bills for full economic compensation for their injuries. to other States to continue practicing medi- follow-up medical care. If H.R. 5 had been the Yet, this is unfair to the millions of Americans cine. Recently, one of the most efficient hos- law when her mother had been prescribed who do not work—retirees, stay-at-home pitals in my district was literally within an hour DES, she would never have been awarded moms, children, and seniors because they do of closing its doors when its pathology depart- enough even to pay her extensive medical not have economic damages. For example, ment could not secure medical liability insur- bills, let alone compensate her for years of Heather Lewinski, who underwent surgery ance the 11th hour. The threat of rising med- pain and suffering. when she was only 8 years old, did not have ical liability costs to quality patient care in cen- For several Congresses, we have worked to any economic damages. Linda McDougal’s tral Pennsylvania is beyond a crisis situation. pass a patient’s bill of rights, to make sure medical bills were already paid for and her The time for the House to act is now. that doctors and patients make medical deci- loss would not directly affect her future earn- H.R. 5 is common-sense legislation aimed sions, not bureaucrats. H.R. 5 is an anti-pa- ing potential. Yet, she suffered emotional trau- at reducing the skyrocketing medical liability tient’s bill of rights. ma and a loss of dignity. Is her loss worth an costs that are threatening the availability of H.R. 5 is too broad. Beyond the issue of arbitrary amount that was determined by a quality patient care in Pennsylvania and medical malpractice, H.R. 5 includes severe li- group of politicians? I certainly don’t think so. throughout the country. In addition, H.R. 5 pro- ability limitations for pharmaceutical compa- By adopting strict monetary caps on dam- tects the rights of patients with legitimate nies, medical device manufacturers, nursing ages, Congress is creating a solution for a claims to receive compensation for economic homes and assisted living facilities, and insur- problem that does not exist. Medical mal- losses, medicals costs, and lost wages. ance companies. practice claims are not increasing and juries Mr. Speaker, the threat of frivolous medical Unlike the Conyers/Dingell alternative which are not making outrageous awards. According liability litigation is endangering the ability of I strongly support, H.R. 5 promises no relief to the National Center for State Courts, there physicians in my district to provide quality pa- from the high malpractice insurance rates paid was no increase in the volume of medical mal- tient care. Congress must do its part to ensure by doctors and hospitals and serves as noth- practice claims between 1997 and 2001. Addi- access to care is not jeopardized at the ex- ing more than a bailout for insurance compa- tionally, of the 16,676 medical malpractice pense of lining the pockets of trial lawyers. nies who are passing on their investment cases with awards in 2001, only 5 percent I urge my colleagues to vote in favor of H.R. losses to doctors. were for $1 million or more. Clearly, this rep- 5. Vote ‘‘no’’ on H.R. 5. resents an extraordinarily small number of Ms. MALONEY. Mr. Speaker, I rise today in Ms. DEGETTE. Mr. Speaker, I think we all cases. I do not believe we should be restrict- opposition to H.R. 5, the Medical Liability Limi- agree that there is a crisis in medical mal- ing the rights of patients to receive fair and tation Act. practice insurance rates. Unfortunately, this bill adequate compensation for their losses be- I represent many of the nation’s premier does not mention insurance rates or offer so- cause of this very small number of large health care and biomedical research institu- lutions for the doctors who are feeling the bur- awards. tions in the nation. As such, I have worked den of high premiums. If we truly want to fix the real crisis that is diligently to represent the interests of my dis- H.R. 5 relies on the misconception that sav- plaguing our nation’s doctors, we need to take trict on health matters. ings from malpractice litigation reforms will re- a good look at the insurance industry. Accord- On this issue in particular, I have met with lieve high insurance premiums. However, liti- ing to a study using the insurance industry’s numerous doctors and I agree, they need re- gation is not the cause of high malpractice in- own data and conducted by Americans for In- lief from the high cost of insurance premiums. surance rates. There has been no increase in surance Reform, while the total amount paid Rising health costs are not just impacting doc- the rate of malpractice claims filed in recent out over the past decade by malpractice insur- tors. High health costs are hurting consumers, years and the average payout has remained ers directly tracks the rate of medical inflation, hospitals, employers and the economy, in gen- steady over the past decade. In fact, the one the premiums that insurance companies eral. state that proponents of malpractice litigation charge doctors increase or decrease depend- But H.R. 5 is not the right prescription! reform continually cite as a success is Cali- ing on the economy. In my state of Colorado, Because of the strict caps for pain and suf- fornia. What they don’t say is that California’s which has certain caps on damages, insur- fering, H.R. 5 will especially harm women, malpractice insurance rates only stabilized ance companies took in over $119 million in children, the elderly and disabled individuals after the state reformed its insurance system. premiums in 2001. Yet, they only paid out $36 who may not have significant economic losses Despite this evidence, proponents of H.R. 5 million. to recover. Stay-at-home moms and care- have continued to represent this bill as a relief We should be taking a comprehensive ap- givers for children or the elderly, in particular, for physicians, rather than what it really is—a proach to this crisis instead of placing unfair will be denied the ability to seek adequate bill that will add additional injury to patients burdens on patients. We should be looking at compensation for damages inflicted upon who have suffered from medical malpractice. the insurance cycle, how insurers manage in- them. H.R. 5 also will be especially punitive to H.R. 5 would cap non-economic damages at vestments and reserves, and financial pres- women because many kinds of injuries that an arbitrary amount of $250,000 for people sures that health care payers place on pro- happen mostly to females—like those that af- who have been injured by malpractice. Non- viders and how that affects the way care is fect the reproductive system, that cause a loss economic damages compensate people for in- delivered. of fertility, or that are inflicted through sexual juries that are very real, like permanent dis- Instead, we are considering a bill that is assault—are largely compensated through figurement, loss of sight or a limb, loss of fer- akin to curing a headache by amputating an pain-and-suffering awards and other non-eco- tility, and wrongful death. The cap on non-eco- arm. Arbitrarily limiting patients’ rights is not nomic loss damages. nomic damages is unfair and should not be- fair and it will not solve the problem. I met recently with a constituent who was a come law. Stand up for the rights of patients and op- victim both of medical malpractice and phar- This bill tells people like Heather Lewinski, pose this bill. maceutical negligence. When she was in her a 17 year old girl who suffered permanent fa- Ms. EDDIE BERNICE JOHNSON of Texas. mother’s womb, her mother was prescribed cial disfigurement at the hands of a plastic Mr. Speaker, I rise today in opposition to the DES at a time when reports about its ineffec- surgeon who lied to her and her family, that Help Efficient, Accessible, Low-Cost, Timely tiveness and its potential harmful effects on the severe pain, trauma, and suffering that Healthcare (HEALTH) Act. Tens of thousands the fetus had already been circulated. Almost she went through is worth $250,000. The bill of people die each year from preventable two decades later, she developed an adeno- tells people like Linda McDougal, whose medical errors. But rather than reform the carcinoma, an aggressive cancer affecting her breasts were amputated after she had been medical system to prevent needless deaths reproductive organs. Not only was she then misdiagnosed with cancer, that the loss of her and injuries, doctors and big insurance com- misdiagnosed, her doctor prescribed treat- breasts and dignity is only worth $250,000. panies are lobbying to limit the rights of in- ments that were contraindicated and that has- And it tells the family of Jesica Santillan, the jured patients to seek full recovery in the tened the growth of her cancer. The misdiag- little girl who died because the hospital failed courts. This measure unfairly impacts women nosis resulted in extensive surgery and recon- to ensure that the heart and lungs she was and low income patients. struction resulting in her infertility and a life- about to receive would be compatible with her The HEALTH Act (H.R. 5) attempts to ad- time of intense emotional and physical suf- blood type, that their little girl’s life was only dress the problem of high insurance costs for fering. The pharmaceutical negligence, which worth $250,000. doctors by limiting punitive damages in med- was not accurately diagnosed for years—long Some advocates of H.R. 5 say that the bill ical malpractice cases to $250,000 and caps after the statute of limitations would have ex- only caps non-economic damages, not eco- attorneys’ fees under the guise of addressing

VerDate Dec 13 2002 04:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 9920 E:\CR\FM\A13MR7.049 H13PT1 H1866 CONGRESSIONAL RECORD — HOUSE March 13, 2003 the rising cost of medical malpractice insur- the House forthwith with the following with respect to a medical malpractice ac- ance. H.R. 5 caps non-economic damages in amendments: tion, a health care professional who is rea- the aggregate—regardless of the number of Strike all after the enacting clause and in- sonably believed by the individual bringing the action (or the individual’s attorney)— parties involved in the dispute. sert the following: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (1) to be knowledgeable in the relevant Despite its claim, H.R. 5 does nothing to di- issues involved in the action; (a) SHORT TITLE.—This Act may be cited as rectly address the problem of rising medical (2) to practice (or to have practiced) or to malpractice insurance rates for doctors. Mal- the ‘‘Medical Malpractice and Insurance Re- form Act of 2003’’. teach (or to have taught) in the same area of practice insurance companies can expect a (b) TABLE OF CONTENTS.—The table of con- health care or medicine that is at issue in huge windfall from this legislation because it tents for this Act is as follows: the action; and (3) in the case of an action against a physi- limits how much they have to pay out in Sec. 1. Short title; table of contents. claims, but does not address how much these cian, to be board certified in a specialty re- TITLE I—LIMITING FRIVOLOUS MEDICAL lating to that area of medicine. insurance companies charge in premiums to MALPRACTICE LAWSUITS (d) CONFIDENTIALITY OF SPECIALIST.—Upon doctors. The insurance industry has said that Sec. 101. Statute of limitations. a showing of good cause by a defendant, the there is no guarantee of any specific savings Sec. 102. Health care specialist affidavit. court may ascertain the identity of a spe- from passage of this type of legislation. Sec. 103. Sanctions for frivolous actions and cialist referred to in subsection (a) while pre- The major malpractice problem facing Tex- pleadings. serving confidentiality. ans is the unreliable quality of medical care Sec. 104. Mandatory mediation. SEC. 103. SANCTIONS FOR FRIVOLOUS ACTIONS being delivered, which is a result of frequent Sec. 105. Limitation on punitive damages. AND PLEADINGS. Sec. 106. Use of savings to benefit providers (a) SIGNATURE REQUIRED.—Every pleading, medical mistakes and a lack of doctor over- through reduced premiums. written motion, and other paper in any med- sight by the state medical board. Sec. 107. Definitions. ical malpractice action shall be signed by at Government data show that ‘‘repeat of- Sec. 108. Applicability. least 1 attorney of record in the attorney’s fender’’ doctors are responsible for the bulk of TITLE II—INDEPENDENT ADVISORY individual name, or, if the party is not rep- malpractice payments. Between September COMMISSION ON MEDICAL MAL- resented by an attorney, shall be signed by 1990 and September 2002, 6.5 percent of PRACTICE INSURANCE the party. Each paper shall state the signer’s Texas’ doctors made two or more malpractice Sec. 201. Establishment. address and telephone number, if any. An un- Sec. 202. Duties. signed paper shall be stricken unless omis- payouts worth a total of more than $1 billion. sion of the signature is corrected promptly These represented 51.3 percent of all pay- Sec. 203. Report. Sec. 204. Membership. after being called to the attention of the at- ments, according to information obtained from Sec. 205. Director and staff; experts and con- torney or party. the federal government’s National Practitioner sultants. (b) CERTIFICATE OF MERIT.—(1) A medical Data Bank. Just 2.2 percent of the doctors Sec. 206. Powers. malpractice action shall be dismissed unless made three or more payments, representing Sec. 207. Authorization of appropriations. the attorney or unrepresented party pre- senting the complaint certifies that, to the about a quarter of all payouts. TITLE I—LIMITING FRIVOLOUS MEDICAL best of the person’s knowledge, information, MALPRACTICE LAWSUITS For every $100 spent on health care in and belief, formed after an inquiry reason- America, only $.66 has been spent on mal- SEC. 101. STATUTE OF LIMITATIONS. able under the circumstances,— practice insurance. As patients are most often (a) IN GENERAL.—A medical malpractice (A) it is not being presented for any im- victimized by repeat offending doctors (a mere action shall be barred unless the complaint proper purpose, such as to harass or to cause six percent of doctors in Texas are respon- is filed within 3 years after the right of ac- unnecessary delay or needless increase in the sible for 46 percent of all malpractice), this bill tion accrues. cost of litigation; (b) ACCRUAL.—A right of action referred to (B) the claims and other legal contentions does nothing to reduce negligence by doctors in subsection (a) accrues upon the last to and hospitals, but decreases incentive to im- therein are warranted by existing law or by occur of the following dates: a nonfrivolous argument for the extension, prove patient safety. (1) The date of the injury. modification, or reversal of existing law or Medical errors cause 3,260 to 7,261 pre- (2) The date on which the claimant dis- the establishment of new law; and ventable deaths in Texas each year. These er- covers, or through the use of reasonable dili- (C) the allegations and other factual con- rors cost families and communities $1.3 billion gence should have discovered, the injury. tentions have evidentiary support or, if spe- to $2.2 billion annually in lost wages, lost pro- (3) The date on which the claimant be- cifically so identified, are likely to have evi- ductivity and increased health care costs. In comes 18 years of age. dentiary support after a reasonable oppor- (c) APPLICABILITY.—This section shall tunity for further investigation and dis- contrast, medical malpractice insurance costs apply to any injury occurring after the date Texas’s doctors less than $421.2 million annu- covery. of the enactment of this Act. (2) By presenting to the court (whether by ally. SEC. 102. HEALTH CARE SPECIALIST AFFIDAVIT. signing, filing, submitting, or later advo- One more time the patient (consumer) gets (a) REQUIRING SUBMISSION WITH COM- cating) a pleading, written motion, or other the lump for being victimized. Vote against this PLAINT.—No medical malpractice action may paper, an attorney or unrepresented party is rule and this bill under consideration.. be brought by any individual unless, at the certifying that to the best of the person’s It is for these reasons that I will vote against time the individual brings the action (except knowledge, information and belief, formed the rule and the bill, H.R. 5, and I urge my as provided in subsection (b)(1)), it is accom- after an inquiry reasonable under the cir- Colleagues to vote against H.R. 5. panied by the affidavit of a qualified spe- cumstances— The SPEAKER pro tempore. All time cialist that includes the specialist’s state- (A) it is not being presented for any im- ment of belief that, based on a review of the for debate has expired. proper purpose, such as to harass or to cause available medical record and other relevant unnecessary delay or needless increase in the Pursuant to House Resolution 139, material, there is a reasonable and meri- cost of litigation; the previous question is ordered. torious cause for the filing of the action (B) the claims, defenses, and other legal The question is on the engrossment against the defendant. contentions therein are warranted by exist- and third reading of the bill. (b) EXTENSION IN CERTAIN INSTANCES.— ing law or by a nonfrivolous argument for The bill was ordered to be engrossed (1) IN GENERAL.—Subject to paragraph (2), the extension, modification, or reversal of and read a third time, and was read the subsection (a) shall not apply with respect to existing law or the establishment of new law; third time. an individual who brings a medical mal- and practice action without submitting an affi- (C) the allegations and other factual con- MOTION TO RECOMMIT OFFERED BY MR. CONYERS davit described in such subsection if, as of tentions have evidentiary support or, if spe- Mr. CONYERS. Mr. Speaker, I offer a the time the individual brings the action, cifically so identified, are reasonable based motion to recommit. the individual has been unable to obtain ade- on a lack of information or belief. The SPEAKER pro tempore. Is the quate medical records or other information (c) MANDATORY SANCTIONS.— gentleman opposed to the bill? necessary to prepare the affidavit. (1) FIRST VIOLATION.—If, after notice and a Mr. CONYERS. I am, Mr. Speaker. (2) DEADLINE FOR SUBMISSION WHERE EXTEN- reasonable opportunity to respond, a court, The SPEAKER pro tempore. The SION APPLIES.—In the case of an individual upon motion or upon its own initiative, de- termines that subsection (b) has been vio- Clerk will report the motion to recom- who brings an action for which paragraph (1) applies, the action shall be dismissed unless lated, the court shall find each attorney or mit. the individual (or the individual’s attorney) party in violation in contempt of court and The Clerk read as follows: submits the affidavit described in subsection shall require the payment of costs and attor- Mr. CONYERS moves to recommit the bill (a) not later than 90 days after obtaining the neys fees. The court may also impose addi- H.R. 5 to the Committee on the Judiciary information described in such paragraph. tional appropriate sanctions, such as strik- and the Committee on Energy and Commerce (c) QUALIFIED SPECIALIST DEFINED.—In sub- ing the pleadings, dismissing the suit, and with instructions to report the same back to section (a), a ‘‘qualified specialist’’ means, sanctions plus interest, upon the person in

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MR7.034 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1867 violation, or upon both such person and such reached with respect to a medical mal- (1) determines the amount of savings real- person’s attorney or client (as the case may practice claim as a result of an alternative ized by the company as a result; and be). dispute resolution method applied under this (2) requires the company to pay an amount (2) SECOND VIOLATION.—If, after notice and section shall not be bound by such deter- equal to the amount of such savings to a a reasonable opportunity to respond, a court, mination. The results of any alternative dis- trustee appointed by the court, to be distrib- upon motion or upon its own initiative, de- pute resolution method applied under this uted by such trustee in a manner that has termines that subsection (b) has been vio- section, and all statements, offers, and com- the effect of benefiting health care providers lated and that the attorney or party with re- munications made during the application of insured by the company through reduced spect to which the determination was made such method, shall be inadmissible for pur- premiums for medical malpractice liability has committed one previous violation of sub- poses of adjudicating the claim. insurance. section (b) before this or any other court, the SEC. 105. LIMITATION ON PUNITIVE DAMAGES. (b) DEFINITION.—For purposes of this sec- court shall find each such attorney or party (a) IN GENERAL.—Punitive damages may tion, the term ‘‘medical malpractice liability in contempt of court and shall require the not be awarded in a medical malpractice ac- insurance company’’ means an entity in the payment of costs and attorneys fees, and re- tion, except upon proof of— business of providing an insurance policy quire such person in violation (or both such (1) gross negligence; under which the entity makes payment in person and such person’s attorney or client (2) reckless indifference to life; or settlement (or partial settlement) of, or in (as the case may be)) to pay a monetary fine. (3) an intentional act, such as voluntary satisfaction of a judgment in, a medical mal- The court may also impose additional appro- intoxication or impairment by a physician, practice action or claim. priate sanctions, such as striking the plead- sexual abuse or misconduct, assault and bat- SEC. 107. DEFINITIONS. ings, dismissing the suit and sanctions plus tery, or falsification of records. In this title, the following definitions interest, upon such person in violation, or (b) ALLOCATION.—In such a case, the award apply: upon both such person and such person’s at- of punitive damages shall be allocated 50 per- (1) ALTERNATIVE DISPUTE RESOLUTION METH- torney or client (as the case may be). cent to the claimant and 50 percent to a OD.—The term ‘‘alternative dispute resolu- (3) THIRD VIOLATION.—If, after notice and a trustee appointed by the court, to be used by tion method’’ means a method that provides reasonable opportunity to respond, a court, such trustee in the manner specified in sub- for the resolution of medical malpractice upon motion or upon its own initiative, de- section (d). The court shall appoint the Sec- claims in a manner other than through med- termines that subsection (b) has been vio- retary of Health and Human Services as such ical malpractice actions. lated and that the attorney or party with re- trustee. (2) CLAIMANT.—The term ‘‘claimant’’ spect to which the determination was made (c) EXCEPTION.—This section shall not means any person who alleges a medical has committed more than one previous viola- apply with respect to an action if the appli- malpractice claim, and any person on whose tion of subsection (b) before this or any cable State law provides (or has been con- behalf such a claim is alleged, including the other court, the court shall find each such strued to provide) for damages in such an ac- decedent in the case of an action brought attorney or party in contempt of court, refer tion that are only punitive or exemplary in through or on behalf of an estate. each such attorney to one or more appro- nature. (3) HEALTH CARE PROFESSIONAL.—The term priate State bar associations for disciplinary (d) TRUST FUND.— ‘‘health care professional’’ means any indi- proceedings, require the payment of costs (1) IN GENERAL.—This subsection applies to vidual who provides health care services in a and attorneys fees, and require such person amounts allocated to the Secretary of State and who is required by the laws or reg- in violation (or both such person and such Health and Human Services as trustee under ulations of the State to be licensed or cer- person’s attorney or client (as the case may subsection (b). tified by the State to provide such services be)) to pay a monetary fine. The court may (2) AVAILABILITY.—Such amounts shall, to in the State. also impose additional appropriate sanc- the extent provided in advance in appropria- (4) HEALTH CARE PROVIDER.—The term tions, such as striking the pleadings, dis- tions Acts, be available for use by the Sec- ‘‘health care provider’’ means any organiza- missing the suit, and sanctions plus interest, retary of Health and Human Services under tion or institution that is engaged in the de- upon such person in violation, or upon both paragraph (3) and shall remain so available livery of health care services in a State and such person and such person’s attorney or until expended. that is required by the laws or regulations of client (as the case may be). (3) USE.— the State to be licensed or certified by the SEC. 104. MANDATORY MEDIATION. (A) Subject to subparagraph (B), the Sec- State to engage in the delivery of such serv- (a) IN GENERAL.—In any medical mal- retary of Health and Human Services, acting ices in the State. practice action, before such action comes to through the Director of the Agency for (5) INJURY.—The term ‘‘injury’’ means any trial, mediation shall be required. Such me- Healthcare Research and Quality, shall use illness, disease, or other harm that is the diation shall be conducted by one or more the amounts to which this subsection applies subject of a medical malpractice action or a mediators who are selected by agreement of for activities to reduce medical errors and medical malpractice claim. the parties or, if the parties do not agree, improve patient safety. (6) MANDATORY.—The term ‘‘mandatory’’ who are qualified under applicable State law (B) The Secretary of Health and Human means required to be used by the parties to and selected by the court. Services may not use any part of such attempt to resolve a medical malpractice (b) REQUIREMENTS.—Mediation under sub- amounts to establish or maintain any sys- claim notwithstanding any other provision section (a) shall be made available by a tem that requires mandatory reporting of of an agreement, State law, or Federal law. State subject to the following requirements: medical errors. (7) MEDIATION.—The term ‘‘mediation’’ (1) Participation in such mediation shall be (C) The Secretary of Health and Human means a settlement process coordinated by a in lieu of any alternative dispute resolution Services shall promulgate regulations to es- neutral third party and without the ultimate method required by any other law or by any tablish programs and procedures for carrying rendering of a formal opinion as to factual or contractual arrangement made by or on be- out this paragraph. legal findings. half of the parties before the commencement (4) INVESTMENT.— (8) MEDICAL MALPRACTICE ACTION.—The of the action. (A) The Secretary of Health and Human term ‘‘medical malpractice action’’ means (2) Each State shall disclose to residents of Services shall invest the amounts to which an action in any State or Federal court the State the availability and procedures for this subsection applies in such amounts as against a physician, or other health profes- resolution of consumer grievances regarding such Secretary determines are not required sional, who is licensed in accordance with the provision of (or failure to provide) health to meet current withdrawals. Such invest- the requirements of the State involved care services, including such mediation. ments may be made only in interest-bearing that— (3) Each State shall provide that such me- obligations of the United States. For such (A) arises under the law of the State in- diation may begin before or after, at the op- purpose, such obligations may be acquired on volved; tion of the claimant, the commencement of original issue at the issue price, or by pur- (B) alleges the failure of such physician or a medical malpractice action. chase of outstanding obligations at the mar- other health professional to adhere to the (4) The Attorney General, in consultation ket price. relevant professional standard of care for the with the Secretary of Health and Human (B) Any obligation acquired by the Sec- service and specialty involved; Services, shall, by regulation, develop re- retary in such Secretary’s capacity as trust- (C) alleges death or injury proximately quirements with respect to such mediation ee of such amounts may be sold by the Sec- caused by such failure; and to ensure that it is carried out in a manner retary at the market price. (D) seeks monetary damages, whether com- that— SEC. 106. USE OF SAVINGS TO BENEFIT PRO- pensatory or punitive, as relief for such (A) is affordable for the parties involved; VIDERS THROUGH REDUCED PRE- death or injury. (B) encourages timely resolution of claims; MIUMS. (9) MEDICAL MALPRACTICE CLAIM.—The term (C) encourages the consistent and fair reso- (a) IN GENERAL.—Notwithstanding any ‘‘medical malpractice claim’’ means a claim lution of claims; and other provision of this title, a provision of forming the basis of a medical malpractice (D) provides for reasonably convenient ac- this title may be applied by a court to the action. cess to dispute resolution. benefit of a party insured by a medical mal- (10) STATE.—The term ‘‘State’’ means each (c) FURTHER REDRESS AND ADMISSIBILITY.— practice liability insurance company only if of the several States, the District of Colum- Any party dissatisfied with a determination the court— bia, the Commonwealth of Puerto Rico,

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MR7.035 H13PT1 H1868 CONGRESSIONAL RECORD — HOUSE March 13, 2003 American Samoa, Guam, the Commonwealth surance is unavailable or is unavailable at (D) An individual representing physicians. of the Northern Mariana Islands, the Virgin reasonable and customary terms. (E) An individual with expertise in issues Islands, and any other territory or posses- (7) Programs that would reduce medical er- affecting hospitals, nursing homes, nurses, sion of the United States. rors and increase patient safety, including and other providers. SEC. 108. APPLICABILITY. new innovations in technology and manage- (F) Two individuals representing patient (a) IN GENERAL.—Except as provided in sec- ment. interests. tion 104, this title shall apply with respect to (8) The effect of State policies under (G) Two individuals with expertise in any medical malpractice action brought on which— health care law or health care policy. or after the date of the enactment of this (A) any health care professional licensed (H) An individual with expertise in rep- Act. by the State has standing in any State ad- resenting patients in malpractice lawsuits. (b) FEDERAL COURT JURISDICTION NOT ES- ministrative proceeding to challenge a pro- (3) MAJORITY.—The total number of indi- TABLISHED ON FEDERAL QUESTION GROUNDS.— posed rate increase in medical malpractice viduals who are directly involved with the Nothing in this title shall be construed to es- insurance; and provision or management of malpractice in- tablish any jurisdiction in the district courts (B) a provider of medical malpractice in- surance, representing physicians or other of the United States over medical mal- surance in the State may not implement a providers, or representing physicians or practice actions on the basis of section 1331 rate increase in such insurance unless the other providers in malpractice lawsuits, or 1337 of title 28, United States Code. provider, at minimum, first submits to the shall not constitute a majority of the mem- TITLE II—INDEPENDENT ADVISORY COM- appropriate State agency a description of the bership of the Commission. MISSION ON MEDICAL MALPRACTICE rate increase and a substantial justification (4) ETHICAL DISCLOSURE.—The Comptroller INSURANCE for the rate increase. General of the United States shall establish (9) The effect of reforming antitrust law to SEC. 201. ESTABLISHMENT. a system for public disclosure by members of prohibit anticompetitive activities by med- the Commission of financial or other poten- (a) FINDINGS.—The Congress finds as fol- ical malpractice insurers. tial conflicts of interest relating to such lows: (10) Programs to facilitate price compari- (1) The sudden rise in medical malpractice members. son of medical malpractice insurance by ena- (c) TERMS.— premiums in regions of the United States bling any health care provider to obtain a can threaten patient access to doctors and (1) IN GENERAL.—The terms of the members quote from each medical malpractice insurer of the Commission shall be for 3 years except other health providers. to write the type of coverage sought by the (2) Improving patient access to doctors and that the Comptroller General of the United provider. States shall designate staggered terms for other health providers is a national priority. (11) The effect of providing Federal grants (b) ESTABLISHMENT.—There is established a the members first appointed. for geographic areas that have a shortage of national commission to be known as the (2) VACANCIES.—Any member appointed to one or more types of health providers as a re- ‘‘Independent Advisory Commission on Med- fill a vacancy occurring before the expira- sult of the providers making the decision to ical Malpractice Insurance’’ (in this title re- tion of the term for which the member’s cease or curtail providing health services in ferred to as the ‘‘Commission’’). predecessor was appointed shall be appointed the geographic areas because of the costs of only for the remainder of that term. A mem- SEC. 202. DUTIES. maintaining malpractice insurance. (a) IN GENERAL.—(1) The Commission shall ber may serve after the expiration of that SEC. 203. REPORT. evaluate the effectiveness of health care li- member’s term until a successor has taken (a) IN GENERAL.—The Commission shall ability reforms in achieving the purposes office. A vacancy in the Commission shall be transmit to Congress— filled in the manner in which the original ap- specified in paragraph (2) in comparison to (1) an initial report not later than 180 days the effectiveness of other legislative pro- pointment was made. after the date of the initial meeting of the (3) COMPENSATION.—Members of the Com- posals to achieve the same purposes. Commission; and (2) The purposes referred to in paragraph mission shall be compensated in accordance (2) a report not less than each year there- (1) are to— with section 1805(c)(4) of the Social Security after until the Commission terminates. (A) improve the availability of health care Act. (b) CONTENTS.—Each report transmitted services; (4) CHAIRMAN; VICE CHAIRMAN.—The Comp- under this section shall contain a detailed troller General of the United States shall (B) reduce the incidence of ‘‘defensive med- statement of the findings and conclusions of icine’’; designate at the time of appointment a the Commission. member of the Commission as Chairman and (C) lower the cost of health care liability (c) VOTING AND REPORTING REQUIRE- a member as Vice Chairman. In the case of insurance; MENTS.—With respect to each proposal or vacancy of the Chairmanship or Vice Chair- (D) ensure that persons with meritorious recommendation contained in the report sub- health care injury claims receive fair and mitted under subsection (a), each member of manship, the Comptroller General may des- adequate compensation; and the Commission shall vote on the proposal or ignate another member for the remainder of (E) provide an increased sharing of infor- recommendation, and the Commission shall that member’s term. mation in the health care system which will include, by member, the results of that vote (5) MEETINGS.— reduce unintended injury and improve pa- in the report. (A) IN GENERAL.—The Commission shall tient care. SEC. 204. MEMBERSHIP. meet at the call of the Chairman. (B) INITIAL MEETING.—The Commission (b) CONSIDERATIONS.—In formulating pro- (a) NUMBER AND APPOINTMENT.—The Com- posals on the effectiveness of health care li- mission shall be composed of 15 members ap- shall hold an initial meeting not later than ability reform in comparison to these alter- pointed by the Comptroller General of the the date that is 1 year after the date of the natives, the Commission shall, at a min- United States. enactment of this title, or the date that is 3 imum, consider the following: (b) MEMBERSHIP.— months after the appointment of all the (1) Alternatives to the current medical (1) IN GENERAL.—The membership of the members of the Commission, whichever oc- malpractice tort system that would ensure Commission shall include individuals with curs earlier. adequate compensation for patients, pre- national recognition for their expertise in SEC. 205. DIRECTOR AND STAFF; EXPERTS AND serve access to providers, and improve health health finance and economics, actuarial CONSULTANTS. care safety and quality. science, medical malpractice insurance, in- Subject to such review as the Comptroller (2) Modifications of, and alternatives to, surance regulation, health care law, health General of the United States deems nec- the existing State and Federal regulations care policy, health care access, allopathic essary to assure the efficient administration and oversight that affect, or could affect, and osteopathic physicians, other providers of the Commission, the Commission may— medical malpractice lines of insurance. of health care services, patient advocacy, (1) employ and fix the compensation of an (3) State and Federal reforms that would and other related fields, who provide a mix of Executive Director (subject to the approval distribute the risk of medical malpractice different professionals, broad geographic rep- of the Comptroller General) and such other more equitably among health care providers. resentations, and a balance between urban personnel as may be necessary to carry out (4) State and Federal reforms that would and rural representatives. its duties; more evenly distribute the risk of medical (2) INCLUSION.—The membership of the (2) seek such assistance and support as malpractice across various categories of pro- Commission shall include the following: may be required in the performance of its du- viders. (A) Two individuals with expertise in ties from appropriate Federal departments (5) The effect of a Federal medical mal- health finance and economics, including one and agencies; practice reinsurance program administered with expertise in consumer protections in (3) enter into contracts or make other ar- by the Department of Health and Human the area of health finance and economics. rangements, as may be necessary for the Services. (B) Two individuals with expertise in med- conduct of the work of the Commission; (6) The effect of a Federal medical mal- ical malpractice insurance, representing (4) make advance, progress, and other pay- practice insurance program, administered by both commercial insurance carriers and phy- ments which relate to the work of the Com- the Department of Health and Human Serv- sician-sponsored insurance carriers. mission; ices, to provide medical malpractice insur- (C) An individual with expertise in State (5) provide transportation and subsistence ance based on customary coverage terms and insurance regulation and State insurance for persons serving without compensation; liability amounts in States where such in- markets. and

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MR7.035 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1869 (6) prescribe such rules and regulations as take a couple of minutes and ask the mits the doctors to be used as front- it deems necessary with respect to the inter- dean of the House to spend the rest of men for a bunch of iniquitous rascals nal organization and operation of the Com- the time making sure that we all un- who do not deserve relief. mission. derstand what it does. Mr. CONYERS. Mr. Speaker, we yield SEC. 206. POWERS. First of all, we do something about back any time that may be remaining. (a) OBTAINING OFFICIAL DATA.—The Com- the problem that has been complained mission may secure directly from any de- The SPEAKER pro tempore. Does the partment or agency of the United States in- of grievously by every Member that gentleman from Louisiana (Mr. TAU- formation necessary to enable it to carry out has taken to the floor today. We do ZIN) seek time in opposition to the mo- this section. Upon request of the Chairman, something about it. That is, we limit tion? the head of that department or agency shall frivolous lawsuits by requiring that Mr. TAUZIN. I do, Mr. Speaker. furnish that information to the Commission there is mandatory mediation for every I first yield to the gentleman from on an agreed upon schedule. malpractice lawsuit filed in the United Nevada (Mr. GIBBONS) for a colloquy. (b) DATA COLLECTION.—In order to carry States of America and that we require out its functions, the Commission shall— Mr. GIBBONS. Mr. Speaker, I would that attorneys’ certificates of merit (1) utilize existing information, both pub- like to ask the gentleman from Lou- and mandatory sanctions occur. We re- lished and unpublished, where possible, col- isiana (Mr. TAUZIN) a question which quire that affidavits of merit be pro- lected and assessed either by its own staff or concerns the relationship of Nevada vided from qualified medical special- under other arrangements made in accord- law and H.R. 5. ance with this section; ists. We attempt to, in short, weed out (2) carry out, or award grants or contracts frivolous lawsuits that will not restrict In my State of Nevada, we have re- for, original research and experimentation, the rights of those with legitimate cently passed a law that sets forth a where existing information is inadequate; claims. Of course, finally, it is very im- $350,000 cap for noneconomic damages, and but it has some exceptions. I would (3) adopt procedures allowing any inter- portant to realize that we reexamine the antitrust exemption that has been like to know how this legislation ap- ested party to submit information for the plies in this circumstance. Commission’s use in making reports and rec- enjoyed by the insurance industry all ommendations. of these years. Mr. TAUZIN. Mr. Speaker, I thank (c) ACCESS OF GENERAL ACCOUNTING OFFICE Mr. Speaker, I am delighted now to the gentleman. Subparagraph 11(c)(1) TO INFORMATION.—The Comptroller General yield the balance of the time to the says: ‘‘Any State law, whether effec- of the United States shall have unrestricted dean of the House, the gentleman from tive before, on, or after the dates of the access to all deliberations, records, and non- Michigan (Mr. DINGELL). enactment of this Act that specifies a proprietary data of the Commission, imme- (Mr. DINGELL asked and was given particular monetary amount of com- diately upon request. pensatory or punitive damages, or the (d) PERIODIC AUDIT.—The Commission shall permission to revise and extend his re- be subject to periodic audit by the Comp- marks.) total amount of damages, that may be troller General of the United States. Mr. DINGELL. Mr. Speaker, the bill awarded in a health care lawsuit, re- SEC. 207. AUTHORIZATION OF APPROPRIATIONS. before us is a bad bill. The motion to gardless of whether such monetary (a) IN GENERAL.—There are authorized to recommit is forced upon us by the re- amount is greater or lesser than is pro- be appropriated such sums as may be nec- calcitrance of the Republican leader- vided under this Act.’’ essary to carry out this title for each of fis- ship which has not permitted us to Nevada’s $350,000 cap generally fits cal years 2004 through 2008. offer a substitute. This is the package the terms of this subparagraph and (b) REQUESTS FOR APPROPRIATIONS.—The that we could go home and talk with would generally apply. The handling of Commission shall submit requests for appro- priations in the same manner as the Comp- pride of to our people and to our doc- the exceptions is not specifically stat- troller General of the United States submits tors. It weeds out frivolous lawsuits. It ed in the legislation. I would be pre- requests for appropriations, but amounts ap- does not restrict the rights of legiti- pared to work with the gentleman to propriated for the Commission shall be sepa- mate claimants. It establishes an equi- discuss these exceptions as we move rate from amounts appropriated for the table, 3-year statute of limitation that further in the process of this legisla- Comptroller General. protects children, the aged, the poor. tion. Amend the title so as to read: ‘‘A bill to It requires affidavits of merit from Mr. GIBBONS. Mr. Speaker, I thank limit frivolous medical malpractice lawsuits, qualified medical specialists and attor- to reform the medical malpractice insurance the gentleman for his response, and I business in order to reduce the cost of med- neys’ certificates of merit with manda- look forward to working with him on ical malpractice insurance, to enhance pa- tory sanctions. It requires mandatory this matter. tient access to medical care, and for other mediation. It also allows health care Mr. TAUZIN. Mr. Speaker, the Din- purposes.’’. providers to challenge malpractice pre- gell motion offers us a different solu- Mr. CONYERS (during the reading). mium increases. It provides direct as- tion than H.R. 5. Interestingly enough, Mr. Speaker, I ask unanimous consent sistance to physicians in crisis areas not a single one of the 175 health care that the motion to recommit be consid- through Federal grants, and it provides organizations and associations, doctors ered as read and printed in the RECORD. direct assistance to medical centers in across America, endorses that solution. The SPEAKER pro tempore. Is there danger of closing. It repeals the anti- trust exemption for malpractice insur- objection to the request of the gen- b 1445 tleman from Michigan? ance, and it establishes Federal mal- There was no objection. practice insurance and a reinsurance But they have all endorsed H.R. 5. The SPEAKER pro tempore. Pursu- program. This is a program that will And let me explain to you why the doc- ant to the rule, the gentleman from work. tors and the health care organizations Michigan (Mr. CONYERS) is recognized Under a House in which we had a de- have not endorsed the Dingell solution for 5 minutes in support of his motion. cent opportunity to debate and amend, and have endorsed H.R. 5. By the way, Mr. CONYERS. Mr. Speaker, this is Members of this body would under- the Committee on Energy and Com- the Conyers-Dingell motion to recom- stand that this is the package for merce took a vote on the general sub- mit. It started out originally as the which they want to vote. They would stance of this motion to recommit and Conyers-Dingell substitute motion understand that this is a package voted 30 to 20 against it and it was not which, in the wisdom of the Committee which their people wish them to vote a party line vote. Let me tell you why on Rules and the chair of the Com- for, and I include in that the health it was defeated, why so many organiza- mittee on Energy and Commerce, was care providers. It is a bill, or rather an tions opposed it. Because what it gen- determined not to be necessary. We did amendment, which would assure that erally offers is not insurance reform not need to waste this much time wor- health care providers would receive the but a Federal commission, another bu- rying or going over the same matter help that they need while, at the same reaucracy to study the problem and to twice. So let us just have a 5-minute time, not providing unnecessary shel- make recommendations one day to us. discussion on each side about a multi- ters for HMOs and other undeserving We have studied this problem ad infi- billion-dollar measure that affects persons who have contrived to leap nitum. We have held numerous hear- every man, woman, and child in the aboard a vehicle which they think is ings. The States have experienced this United States of America. So I will going out and a situation which per- problem going back 25 years and they

VerDate Dec 13 2002 04:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MR7.035 H13PT1 H1870 CONGRESSIONAL RECORD — HOUSE March 13, 2003 have offered us a solution. We are fol- vious question is ordered on the motion NAYS—234 lowing their lead after 25 years of expe- to recommit. Aderholt Gillmor Oxley rience. Do we really need another Fed- There was no objection. Akin Gingrey Paul eral commission? No insurance reform, Bachus Goode Pearce The SPEAKER pro tempore. The Baker Goodlatte Pence just a commission? And then to solve question is on the motion to recommit. Ballenger Goss Peterson (PA) the problem of high malpractice liabil- The question was taken; and the Barrett (SC) Granger Petri ity coverage, this is the Dingell motion Bartlett (MD) Graves Pickering Speaker pro tempore announced that Barton (TX) Green (WI) to recommit solution, not a single lim- Pitts the noes appeared to have it. Bass Greenwood Platts itation at all on recoveries, unlimited Mr. CONYERS. Mr. Speaker, I object Beauprez Gutknecht Pombo recoveries as in current law, not a sin- to the vote on the ground that a Bereuter Harris Pomeroy Berkley Hart Porter gle cap on any kind of damages. In- quorum is not present and make the Biggert Hastings (WA) stead we get an attorney’s certificate Portman point of order that a quorum is not Bilirakis Hayes Pryce (OH) of merit. An attorney’s certificate of present. Bishop (UT) Hayworth Putnam Blackburn Hefley merit. We get the trial lawyer to say, I Quinn The SPEAKER pro tempore. Evi- Blunt Hensarling Radanovich think I have got a good lawsuit, and dently a quorum is not present. Boehlert Herger Ramstad that is the solution. Boehner Hobson The Sergeant at Arms will notify ab- Regula Bonilla Hoekstra Mr. Speaker, when an attorney signs sent Members. Rehberg a petition, when he signs the most Bonner Hostettler Pursuant to clause 9 of rule XX, the Bono Houghton Renzi egregiously incorrect, horribly drafted, Chair will reduce to 5 minutes the min- Boozman Hulshof Reynolds when he signs the most inappropriate Bradley (NH) Hunter Rogers (AL) imum time for any electronic vote on Brady (TX) Isakson Rogers (KY) false petition, when he signs his name the question of passage. Rogers (MI) on it he is attesting to the validity of Brown (SC) Issa The vote was taken by electronic de- Brown-Waite, Janklow Rohrabacher Ros-Lehtinen that petition. It may be a bad petition. vice, and there were—yeas 191, nays Ginny Jenkins Burgess John Royce It may be the most horrible lawsuit 234, not voting 9, as follows: ever filed. It may get dismissed on the Burns Johnson (CT) Ryan (WI) [Roll No. 63] Burr Johnson, Sam Ryun (KS) first motion to have it dismissed, but Burton (IN) Jones (NC) Saxton when he signed his name on it, he said YEAS—191 Buyer Keller Schrock it was a good petition. Abercrombie Grijalva Napolitano Calvert Kelly Scott (GA) So what does the Democratic motion Ackerman Gutierrez Neal (MA) Camp Kennedy (MN) Sensenbrenner Alexander Hall Oberstar Cannon King (IA) Sessions to recommit tell us? We are going to Allen Harman Obey Cantor King (NY) Shadegg solve this problem in America by hav- Andrews Hastings (FL) Olver Capito Kingston Shaw ing the same attorney sign a certifi- Baca Hill Ortiz Carter Kirk Shays cate that he has got a good suit, that Baird Hinchey Owens Castle Kline Sherwood Baldwin Hinojosa Pallone Chabot Knollenberg Shimkus he has got a good petition. Wow, that Ballance Hoeffel Pascrell Chocola Kolbe Shuster will really solve the problem. Becerra Holden Pastor Coble LaHood Simmons I think you see why now that solu- Bell Holt Payne Cole Larson (CT) Simpson Berman Honda Pelosi Collins Latham Smith (MI) tion has been rejected by 175 organiza- Cox LaTourette Berry Hooley (OR) Peterson (MN) Smith (NJ) tions representing the doctors, the Crane Leach Bishop (GA) Hoyer Price (NC) Smith (TX) Crenshaw Lewis (CA) nurses, all the organizations across Bishop (NY) Inslee Rahall Souder Cubin Lewis (KY) America who are crying to us for relief, Blumenauer Israel Rangel Stearns Culberson Linder Boswell Jackson (IL) Reyes Stenholm who are telling us we are tired of peti- Cunningham LoBiondo Boucher Jackson-Lee Rodriguez Sullivan Davis (FL) Lofgren tions signed by lawyers that have no Boyd (TX) Ross Sweeney Davis, Jo Ann Lucas (KY) merit, that drive up medical mal- Brady (PA) Jefferson Rothman Tancredo Davis, Tom Lucas (OK) Brown (OH) Johnson, E. B. Roybal-Allard Tauzin practice suits, that drive us out of Deal (GA) Manzullo Brown, Corrine Jones (OH) Ruppersberger Taylor (MS) business and deprive the citizens of our Capps Kanjorski DeLay Matheson Rush Taylor (NC) Capuano Kaptur DeMint McCotter country needed medical care when Ryan (OH) Terry Cardin Kennedy (RI) Diaz-Balart, L. McCrery their loved ones need it the most. They Sabo Thomas Cardoza Kildee Diaz-Balart, M. McHugh Sanchez, Linda Thornberry are crying to us for help and the vic- Carson (IN) Kilpatrick Doolittle McInnis T. Tiahrt tims that came to us in our committee Carson (OK) Kind Dreier McKeon Sanchez, Loretta Tiberi Case Kleczka Dunn Mica room and said, for God’s sake, it is hor- Sanders Clay Kucinich Ehlers Miller (FL) Toomey rible when somebody commits a med- Sandlin Conyers Lampson Emerson Miller (MI) Turner (OH) Schakowsky ical error, but it is also terrible when Cooper Langevin English Miller, Gary Upton Schiff the doctor is not there when my child Costello Lantos Everett Moran (KS) Vitter Scott (VA) Walden (OR) is sick, when my husband has been hor- Cramer Larsen (WA) Feeney Murphy Crowley Lee Serrano Ferguson Murtha Walsh ribly mutilated in an automobile acci- Cummings Levin Sherman Flake Musgrave Wamp dent, when my daughter is trying to Davis (AL) Lewis (GA) Skelton Fletcher Myrick Weldon (FL) deliver her first child and there is no Davis (CA) Lipinski Slaughter Foley Nethercutt Weldon (PA) Smith (WA) Weller doctor there willing to do it because Davis (IL) Lowey Forbes Ney Davis (TN) Lynch Solis Fossella Northup Whitfield the cost of liability insurance is too DeFazio Majette Spratt Franks (AZ) Norwood Wicker high. They are crying to us to do some- Delahunt Maloney Stark Frelinghuysen Nunes Wilson (NM) Strickland thing today. The motion to recommit DeLauro Markey Gallegly Nussle Wilson (SC) Deutsch Marshall Stupak Garrett (NJ) Osborne Wolf tells us, well, let us just trust the law- Dicks Matsui Tanner Gerlach Ose Young (AK) yers and create a Federal commission. Dingell McCarthy (MO) Tauscher Gibbons Otter Young (FL) Doggett McCarthy (NY) Thompson (CA) Whoopie-ding. NOT VOTING—9 What do we tell those victims when Dooley (CA) McCollum Thompson (MS) Duncan McDermott Tierney Clyburn Doyle Istook we said all we did was trust the lawyers Edwards McGovern Towns Combest Gilchrest Johnson (IL) and created another Federal commis- Emanuel McIntyre Turner (TX) DeGette Hyde Snyder sion? I did not come here to create new Engel McNulty Udall (CO) Udall (NM) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Federal commissions to tell us what Eshoo Meehan Etheridge Meek (FL) Van Hollen The SPEAKER pro tempore (Mr. the problems were and what the solu- Velazquez Evans Meeks (NY) REHBERG) (during the vote). There are 2 tions were. I came here like the rest of Farr Menendez Visclosky minutes left in this vote. you, to figure out what the problems Fattah Michaud Waters Filner Millender- Watson were and to solve them. H.R. 5 solves Ford McDonald Watt b 1508 this program and deserves to be passed. Frank (MA) Miller (NC) Waxman This motion to recommit needs to go Frost Miller, George Weiner Messrs. MCHUGH, QUINN, BUR- Gephardt Mollohan Wexler GESS, HOUGHTON, TANCREDO, down. Gonzalez Moore Woolsey The SPEAKER pro tempore (Mr. Gordon Moran (VA) Wu BRADY of Texas and SAXTON changed SIMPSON). Without objection, the pre- Green (TX) Nadler Wynn their vote from ‘‘yea’’ to ‘‘nay.’’

VerDate Dec 13 2002 04:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.081 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1871 So the motion to recommit was re- Stearns Tiahrt Weldon (PA) A motion to reconsider was laid on jected. Stenholm Tiberi Weller the table. Sullivan Toomey Whitfield The result of the vote was announced Sweeney Turner (OH) Wicker f as above recorded. Tancredo Upton Wilson (NM) Tauzin Vitter Wilson (SC) MESSAGE FROM THE SENATE A motion to reconsider was laid on Taylor (MS) Walden (OR) the table. Wolf A message from the Senate by Mr. Taylor (NC) Walsh Young (AK) Thomas Wamp The SPEAKER pro tempore (Mr. Young (FL) Monahan, one of its clerks, announced Thornberry Weldon (FL) SIMPSON). The question is on the pas- that the Senate has passed a bill of the sage of the bill. NOES—196 following title in which the concur- The question was taken; and the Abercrombie Harman Napolitano rence of the House is requested: Speaker pro tempore announced that Ackerman Hastings (FL) Neal (MA) S. 3. An act to prohibit the procedure com- the ayes appeared to have it. Alexander Hill Oberstar monly known as partial-birth abortion. Allen Hinchey Obey RECORDED VOTE Andrews Hinojosa Olver The message also announced that pursuant to section 276d–276g of title 22, United States Mr. CONYERS. Mr. Speaker, I de- Baca Hoeffel Ortiz Baird Holt Owens Code, as amended, the Chair, on behalf of the mand a recorded vote. Baldwin Honda Pallone Vice President, appoints the Senator from A recorded vote was ordered. Ballance Hooley (OR) Pascrell Idaho (Mr. CRAPO) as Chairman of the Senate Becerra Hoyer Pastor Delegation to the Canada-United States The SPEAKER pro tempore. This Bell Inslee Paul will be a 5-minute vote. Berkley Israel Interparliamentary Group conference during Payne Berman Istook the One Hundred Eighth Congress. The vote was taken by electronic de- Pelosi Berry Jackson (IL) The message also announced that in ac- vice, and there were—ayes 229, noes 196, Price (NC) Bishop (GA) Jackson-Lee cordance with section 1928a–1928d of title 22, answered ‘‘present’’ 1, not voting 8, as Bishop (NY) (TX) Rahall Rangel United States Code, as amended, the Chair, follows: Blumenauer Jefferson on behalf of the Vice President, appoints the Boswell Jenkins Reyes Senator from Delaware (Mr. BIDEN) as Vice [Roll No. 64] Boucher John Rodriguez AYES—229 Brady (PA) Johnson, E. B. Ross Chairman of the Senate Delegation to the Brown (OH) Jones (OH) Rothman North Atlantic Treaty Organization Par- Aderholt Ferguson McHugh Brown, Corrine Kanjorski Roybal-Allard liamentary Assembly during the One Hun- Akin Fletcher McInnis Capps Kaptur Ruppersberger dred Eighth Congress. Baker Foley McKeon Capuano Kennedy (RI) Rush Ballenger Forbes Mica Cardin Kildee Ryan (OH) f Barrett (SC) Fossella Miller (FL) Carson (IN) Kilpatrick Sabo Bartlett (MD) Franks (AZ) Miller (MI) Carson (OK) Kind Sanchez, Linda ANNOUNCEMENT BY COMMITTEE Barton (TX) Frelinghuysen Miller, Gary Case King (NY) T. ON RULES REGARDING H.R. 975, Bass Gallegly Moran (KS) Clay Kleczka Sanchez, Loretta Beauprez Garrett (NJ) BANKRUPTCY ABUSE PREVEN- Murphy Clyburn Kucinich Sanders Bereuter Gerlach Murtha TION AND CONSUMER PROTEC- Coble Lampson Sandlin Biggert Gibbons Musgrave Conyers Langevin Schakowsky TION ACT OF 2003 Bilirakis Gillmor Myrick Cooper Lantos Schiff Bishop (UT) Gingrey Nethercutt Mr. DREIER. Mr. Speaker, the Com- Costello Larsen (WA) Scott (VA) Blackburn Goode Ney Crowley Larson (CT) Serrano mittee on Rules may meet the week of Blunt Goodlatte Northup Cummings Lee March 17 to grant a rule which could Boehlert Gordon Sherman Norwood Davis (AL) Levin Boehner Goss Skelton limit the amendment process for floor Nunes Davis (CA) Lewis (GA) Bonilla Granger Slaughter Nussle Davis (FL) Lipinski consideration of H.R. 975, the Bank- Bonner Graves Smith (WA) Osborne Davis (IL) Lofgren ruptcy Abuse Prevention and Con- Bono Green (WI) Solis Ose DeFazio Lowey Boozman Greenwood Spratt sumer Protection Act of 2003. Any Otter Delahunt Lynch Boyd Gutknecht Stark Member wishing to offer an amend- Oxley DeLauro Majette Bradley (NH) Hall Strickland Pearce Deutsch Maloney ment should submit 55 copies of the Brady (TX) Harris Stupak Pence Diaz-Balart, L. Markey amendment and one copy of a brief ex- Brown (SC) Hart Tanner Peterson (MN) Dicks Marshall Brown-Waite, Hastings (WA) Tauscher planation to the Committee on Rules Peterson (PA) Dingell Matsui Ginny Hayes Terry Petri Doggett McCarthy (MO) up in room H–312 of the Capitol by Burgess Hayworth Thompson (CA) Pickering Doolittle McCarthy (NY) noon on Tuesday, March 18. Members Burns Hefley Thompson (MS) Pitts Edwards McCollum Burr Hensarling Tierney should draft their amendments to the Platts Emanuel McDermott Burton (IN) Herger bill as reported by the Committee on Pombo Engel McGovern Towns Buyer Hobson Pomeroy Eshoo McIntyre Turner (TX) the Judiciary on March 12, 2003. Mem- Calvert Hoekstra Porter Etheridge McNulty Udall (CO) bers are advised that the text should be Camp Holden Portman Evans Meehan Udall (NM) Cannon Hostettler available for their review on the Web Pryce (OH) Farr Meek (FL) Van Hollen Cantor Houghton Putnam Fattah Meeks (NY) Velazquez sites of the Committee on the Judici- Capito Hulshof Quinn Filner Menendez Visclosky ary and the Committee on Rules by Cardoza Hunter Radanovich Flake Michaud Waters Carter Isakson Friday, March 14. Ramstad Ford Millender- Watson Castle Issa Members should use the Office of Regula Frank (MA) McDonald Watt Chabot Janklow Rehberg Frost Miller (NC) Waxman Legislative Counsel to ensure that Chocola Johnson (CT) Renzi Gephardt Miller, George Weiner their amendments are properly drafted Cole Johnson, Sam Reynolds Gonzalez Mollohan Wexler Collins Jones (NC) and should check with the Office of the Rogers (AL) Green (TX) Moore Woolsey Cox Keller Rogers (KY) Grijalva Moran (VA) Wu Parliamentarian to be sure their Cramer Kelly Rogers (MI) Gutierrez Nadler Wynn amendments comply with the rules of Crane Kennedy (MN) Rohrabacher the House. Crenshaw King (IA) Ros-Lehtinen ANSWERED ‘‘PRESENT’’—1 Cubin Kingston Royce Bachus f Culberson Kirk Ryan (WI) Cunningham Kline Ryun (KS) NOT VOTING—8 ANNOUNCEMENT BY COMMITTEE Davis (TN) Knollenberg Saxton ON RULES REGARDING CONCUR- Davis, Jo Ann Kolbe Schrock Combest Gilchrest Shuster Davis, Tom LaHood Scott (GA) DeGette Hyde Snyder RENT RESOLUTION ON THE Deal (GA) Latham Sensenbrenner Doyle Johnson (IL) BUDGET FOR FISCAL YEAR 2004 DeLay LaTourette Sessions ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE DeMint Leach Shadegg Mr. DREIER. Mr. Speaker, the Com- Diaz-Balart, M. Lewis (CA) Shaw The SPEAKER pro tempore (during mittee on Rules may meet the week of Dooley (CA) Lewis (KY) Shays the vote). Members are advised that 2 March 17 to grant a rule which could Dreier Linder Sherwood minutes remain in this vote. Duncan LoBiondo Shimkus limit the amendment process for the Dunn Lucas (KY) Simmons concurrent resolution on the budget for Ehlers Lucas (OK) Simpson b 1516 fiscal year 2004. Any Member who wish- Emerson Manzullo Smith (MI) So the bill was passed. es to offer an amendment should sub- English Matheson Smith (NJ) Everett McCotter Smith (TX) The result of the vote was announced mit 55 copies of the amendment and Feeney McCrery Souder as above recorded. one copy of a brief explanation of the

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.083 H13PT1 H1872 CONGRESSIONAL RECORD — HOUSE March 13, 2003 amendment to the Committee on Rules nates the statute of limitations for tleman knows, the Amber bill, the in room H–312 of the Capitol no later child abduction and sex crimes, pro- Amber Alert plan, was named after a than 6 p.m. on Tuesday, March 18. hibits pretrial release in cases of rape little girl, Amber Hagerman, who was As in past years, Mr. Speaker, the or child kidnapping, provides for man- abducted and murdered in my district Committee on Rules intends to give datory minimum sentencing for child in Texas, in Arlington, Texas; and the priority to amendments offered as kidnapping, and establishes a ‘‘two Senate, as previously mentioned, has complete substitutes. Members are ad- strikes and you’re out’’ for child sex of- passed this as a stand-alone bill, unani- vised that the text of the concurrent fenders. mously, and has sent it to the House. resolution, as ordered reported by the We hope to work with the minority I would ask my friend, the distin- Committee on the Budget, should be to find a way to bring this important guished majority leader, what is the available on the Web sites of both the legislation to the floor next Wednes- objection to bringing the Amber bill as Committee on the Budget and the Com- day, realizing that the House rules re- a stand-alone matter, that has already mittee on Rules no later than Friday, quire a 2-day layover, after committee been passed by the Senate, to the March 14. Members should use the Of- markup, to allow the minority to ex- House either under unanimous consent fice of Legislative Counsel to ensure press their dissenting and minority or under suspension of the rules? their amendments are properly drafted views on legislation. But I hope we can Mr. DELAY. Mr. Speaker, will the and should check with the Office of the work together in expediting this very gentleman yield? Parliamentarian to be certain their important legislation to the floor. Mr. HOYER. I will be glad to yield to amendments comply with the rules of Mr. Speaker, I thank the gentleman the majority leader. the House. for yielding to me, and I am happy to Mr. DELAY. Mr. Speaker, I appre- f answer any questions. ciate the gentleman’s question, and I Mr. HOYER. Mr. Speaker, reclaiming might point out that the gentleman, as LEGISLATIVE PROGRAM my time, I thank the gentleman for the well as many other Members around (Mr. HOYER asked and was given per- information he has provided us, and I here, are always calling for regular mission to address the House for 1 will have a number of questions. order and we are expediting regular minute and to revise and extend his re- Mr. MATHESON. Mr. Speaker, will order. marks.) the gentleman yield? The bill that the gentleman refers to Mr. HOYER. Mr. Speaker, I wish to Mr. HOYER. I yield to the gentleman is a bill that has just been marked up inquire of the distinguished majority from Utah who would like to address this week, even before, thank goodness, leader the schedule for the coming the Amber Alert System and events Mr. Smart’s daughter was returned to week. that have occurred in his district. him, and was on its way to full com- Mr. DELAY. Mr. Speaker, will the Mr. MATHESON. Mr. Speaker, I mittee to be marked up later on next gentleman yield? thank the minority whip. week. Because of the situation, the Mr. HOYER. I yield to the gentleman Mr. Speaker, I would suggest that we chairman of the Committee on the Ju- from Texas. saw the benefits of an Amber Alert-like diciary feels very strongly that they Mr. DELAY. Mr. Speaker, I thank the program yesterday in the State of can expedite the matter, actually hold distinguished whip for yielding to me. Utah. We had a wonderful event occur, an unusual markup before Members re- Mr. Speaker, the House will convene and it occurred because information turn, and hopefully have this bill on on Tuesday at 12:30 p.m. for morning got out to the public. the floor on Wednesday. hour and 2 p.m. for legislative business. What concerns me, Mr. Speaker, is There are a lot of provisions in this We will consider several measures that the Senate has already passed na- bill that help. And I might also point under suspension of the rules, and a tional Amber Alert legislation unani- out to the gentleman that the Justice final list of the bills will be sent to the mously. It has been in the House for 2 Department is running an Amber Alert Members’ offices early next week. months now, about; and I would submit System in 38 States. They are up and I might alert the Members, Mr. that the legislation referred to that is going. There are over 80 systems, Speaker, that in a change from our tra- going to be in the Committee on the Amber Alerts, operating as we speak. ditional schedule, I would like to put Judiciary contains a number of other So it is not a situation where there will the Members on notice that we plan to provisions which are worthy of consid- not be coverage of Amber Alerts out vote one-half hour earlier than usual eration, but I would suggest it might there. But I think this legislation is on Tuesday, at 6 p.m. Members from be worthwhile for us to take a look at important to get at these criminals both sides of the aisle have asked for the Frost-Dunn bill, the straight that are kidnapping these children, to flexibility this Tuesday because a num- Amber Alert bill passed through the help the police departments find them ber of them and their spouses are in- United States Senate. We could take it quicker and easier and be able to put volved in the annual March of Dimes up on a unanimous consent request them away, away from our children, Dinner Gala, which begins at 6:30. So right now and get it on the President’s along with codifying what the Justice Members should be aware that we are desk right away. Department is already doing. still trying to work it out with the mi- Every day we delay is a day when an- Mr. FROST. If the gentleman from nority, but be aware that they could be other abducted child may have less ac- Maryland will continue to yield, my notified that votes will start at 6 p.m. cess to an Amber Alert System that friend, the gentleman from Texas (Mr. Tuesday rather than the normal 6:30. gets the information out to people. We DELAY), understands that by putting Next week we expect to consider H.R. learned a lesson in Salt Lake City. We the Amber Alert legislation into a larg- 975, the Bankruptcy Abuse Prevention are very proud of the miracle that oc- er omnibus bill, this delays for a very and Consumer Protection Act of 2003, curred yesterday. Mr. Smart, in his substantial period of time the passage as well as the 2004 Budget Resolution. time of triumph, still is emphasizing of the Amber Alert bill. There are a Earlier this week, the Subcommittee the need for Congress to move forward number of controversial provisions on Crime of the Committee on the Ju- on this, and I would suggest that that that have been added to it by the Com- diciary marked up H.R. 1104, the Child is something this body ought to con- mittee on the Judiciary, provisions Abduction Prevention Act. Nearly sider. that were passed last year and were identical legislation passed the House Mr. HOYER. Mr. Speaker, reclaiming found unacceptable by the Senate. last Congress with close to 400 ‘‘yea’’ my time, I thank the gentleman for his I would repeat my question: What is votes. Chairman SENSENBRENNER has comments. the objection simply to bringing the announced that the Committee on the Mr. FROST. Mr. Speaker, will the Amber Alert bill itself as a stand-alone Judiciary will report the bill out from gentleman yield? matter that has already been passed by a markup on Tuesday. Mr. HOYER. I yield to the gentleman the Senate? What is the objection to This important legislation would from Texas, the ranking member of the bringing that to the floor of the House? codify a current judicial program to Committee on Rules. Mr. HOYER. Reclaiming my time, implement a nationwide Amber Alert Mr. FROST. Mr. Speaker, I thank the Mr. Speaker, and before the majority System. In addition, this bill elimi- gentleman for yielding. As the gen- leader answers that question, I would

VerDate Dec 13 2002 04:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.087 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1873 say to him that I have had consulta- Mr. HOYER. I yield to the gentleman Mr. DELAY. I appreciate the gentle- tion with the Democratic minority from Texas. man’s concern. I have the same con- leader; and the Democratic leader and Mr. FROST. Mr. Speaker, if the gen- cern the gentleman has. I have con- myself, I would say on behalf of our tleman from Texas (Mr. DELAY) did not vinced the chairman to accelerate the side of the aisle, we would agree to a see the press conference earlier today process. We are going to have this bill unanimous consent request today to carried on CNN, I would advise the gen- on the floor. With the cooperation of bring the Senate bill, which as I under- tleman that the senior Republican Sen- the minority, we will have this bill on stand is Senate Bill 121, which essen- ator from Texas, Senator KAY BAILEY the floor next week. tially is the base bill. HUTCHISON, who was a cosponsor of the Mr. HOYER. Mr. Speaker, I thank I, frankly, do not interpose objec- Amber bill in the Senate, urged that the gentleman for his comments. tions to that which the gentleman has the House take up the Senate passed At some point in time perhaps we can outlined in his statement will be added Amber bill as a clean bill with a sepa- discuss further the regular order. I ob- to the bill. I do not necessarily find rate vote. serve only that it is my understanding any one of those individual items ob- Mr. Speaker, I would inquire, did the there is a bill coming over from the jectionable; and as I understand, in the gentleman see Senator HUTCHISON’s Senate that will not be referred to committee they were not particularly statement? committee, will not be subject to controversial. But we obviously could Mr. HOYER. Mr. Speaker, reclaiming amendment, will be taken up and accelerate that. my time. passed as the Senate passed it, and it is The gentleman is correct. We do Mr. DELAY. Mr. Speaker, will the my understanding that will be done be- want to go by regular order. Regular gentleman yield? cause of the view of the majority how order is obviously seeking from both Mr. HOYER. I yield to the gentleman important it is to pass that bill imme- sides a unanimous consent to take from Texas. diately. That is the partial birth abor- some action, and I say to the gen- Mr. DELAY. I did not see the press tion bill. tleman that consistent with what the conference, but I just ask the question, Am I correct that is the procedure gentleman from Texas (Mr. FROST) has what did she do to pass the bill out of which the majority intends to follow? said, this side of the aisle would be pre- the Senate in the last Congress? Mr. DELAY. Mr. Speaker, will the pared to give a unanimous consent Mr. FROST. Mr. Speaker, will the gentleman yield? agreement to passing that bill before gentleman yield? Mr. HOYER. I yield to the gentleman we go home today. Mr. HOYER. I yield to the gentleman from Texas. Mr. DELAY. Well, if the gentleman from Texas. Mr. DELAY. Mr. Speaker, I doubt will continue to yield, I am not sure I Mr. FROST. Mr. Speaker, she intro- that. I have not had an opportunity to remember the question of the gen- duced the Amber Plan in this Congress see that the Senate has even passed the tleman from Texas. and had it passed unanimously 92–0, she partial birth abortion bill yet. If they Mr. FROST. Mr. Speaker, I would re- and Senator DIANNE FEINSTEIN. That is have, we will take a look at it. The last peat my question, if I may. all we are asking, that there be a sepa- I checked, there was an amendment Mr. HOYER. I yield to the gentleman rate stand-alone vote on the Amber bill put on the bill that would cause it to for that purpose. Mr. FROST. Mr. Speaker, my ques- in the House, just as there was in the go to conference under regular order. tion is, What is the objection on the Senate, so it can be sent to the Presi- Mr. HOYER. It has not passed the majority side to bringing the stand- dent and signed into law. House yet. It is coming from the Sen- alone Amber bill to the floor which has If the gentleman would indulge me ate, and obviously there may be already been passed by the Senate, to further, I would like to very briefly amendments on it. It is our under- bring it to the floor as a separate item read part of a letter that I received standing that will be taken in effect and not part of a larger bill? today from a city Councilman in my from the desk as the Senate bill, voted Mr. DELAY. I appreciate the gentle- district, Councilman Joe Bruner from on, and sent to the President. man’s continuing to yield; and, Mr. the City of Arlington, Texas. Mr. DELAY. Mr. Speaker, if the gen- Speaker, let me just say that I do not Dear CONGRESSMAN FROST: I understand tleman will continue to yield, actually agree with the assessment of the gen- you have sponsored a bill which will take Ar- the gentleman from Wisconsin (Mr. tleman from Texas as to how slow this lington’s own Amber Plan nationwide. In SENSENBRENNER) intended to mark up a this day of turmoil and terror, I cannot partial birth abortion bill next week, process can be. And if we honor what think of any other means which would better this House has already expressed itself but under the circumstances he wanted cause the minds of moms and dads to return to accelerate the Amber alert bill and on, I remind the gentleman that this to normalcy. Doreen and I have always had bill that he is talking about that got so a special place in our heart for little Amber take it up earlier, and so he is putting bogged down, passed this House with and defy anyone to ever hinder the imple- off the markup on the partial birth over 400 votes and went to the other mentation of the Amber Plan. As council- abortion bill that we would bring to body where the other body killed it in man for the district here in Arlington where the floor, and then hopefully go to con- the last Congress. her body was found, I take exception to Con- ference with the Senate under regular gressman SENSENBRENNER’s refusal to let order. So this House has expressed itself your bill go through. that it thinks it is important not only Mr. HOYER. Mr. Speaker, reclaiming to codify the Amber Alert System that Then the letter continues. my time, I thank the gentleman for is being run by the Judiciary Depart- This really speaks to the fact that that comment. ment but also to eliminate the statute the gentleman from Wisconsin (Chair- The gentleman indicated that next of limitations for child abduction and man SENSENBRENNER) and the majority week we will be taking up the budget. sex crimes, to prevent pretrial release leader insists that the Amber Plan be Can the gentleman tell me whether or in cases of rape or child kidnapping, to combined with a larger piece of legisla- not all substitutes that are requested provide for a mandatory minimum sen- tion that has had difficulty in the Sen- from the Congressional Black Caucus, tence for child kidnapping, and we also ate. from the Progressive Caucus, from the would like to see a ‘‘two strikes and I strongly urge my friend on the Blue Dogs and from the Democrats on you’re out’’ requirement for child sex other side of the aisle, who has dem- the Committee on the Budget will be offenders. I think all of these issues are onstrated an interest in children’s made in order? I see the distinguished vitally important when it comes to issues, to persuade the chairman of the chairman of the Committee on Rules is dealing with children that are being Committee on the Judiciary to permit standing. kidnapped in this country. this bill to go forward. Mr. DELAY. Mr. Speaker, will the Mr. HOYER. Mr. Speaker, reclaiming gentleman yield? b 1530 my time. Mr. HOYER. I yield to the gentleman Mr. HOYER. Mr. Speaker, reclaiming Mr. DELAY. Mr. Speaker, will the from Texas. my time. gentleman yield? Mr. DELAY. Mr. Speaker, I know the Mr. FROST. Mr. Speaker, will the Mr. HOYER. I yield to the gentleman chairman of the Committee on Rules is gentleman yield? from Texas. a very fair man and the Committee on

VerDate Dec 13 2002 04:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.089 H13PT1 H1874 CONGRESSIONAL RECORD — HOUSE March 13, 2003 Rules tries to be as fair as they can. I Mr. Speaker, lastly, it is my under- So many Irish Americans came here would presume that the committee will standing that we obviously want to ac- seeking refuge from tyranny and hun- be inclined to follow historic practice commodate those who want to go to ger in their own homeland. They never for the consideration of the budget that dinner, but am I correct in observ- forgot that suffering that they left be- next week. ing that the normal practice on Tues- hind, which helped ensure that Amer- Mr. HOYER. Mr. Speaker, I respect- days will continue to be 6:30? ica has, over the years, sided with the fully inform the majority leader, we Mr. DELAY. Mr. Speaker, will the oppressed and cared for the less fortu- were very concerned about the fact gentleman yield? nate. that we were shut down today in terms Mr. HOYER. I yield to the gentleman Irish Americans passed on these val- of offering amendments or substitutes. from Texas. ues, along with a sense of decency and I will respectfully advise the majority Mr. DELAY. Mr. Speaker, the gen- a commitment to justice, as well as a that if that continues to occur, there tleman is correct. This is a special and love of song and humor, from genera- will be actions on our side of the aisle rare occurrence where we would not be tion to generation. One of those proud to try to express our deep concern starting votes on legislation at 6:30 on Americans of Irish descent is Kathleen about that. a day that we come back into session. Casey of Orange County, California, Mr. DREIER. Mr. Speaker, will the There are extenuating circumstances, who turns 80 years old today. We wish gentleman yield? and we are trying to accommodate our her a happy birthday, and will join her Mr. HOYER. I yield to the gentleman Members. Yes, we hope to stick to 6:30 and other Irish Americans in the cele- from California. as much as possible. bration of St. Patrick’s Day this com- Mr. DREIER. Mr. Speaker, I simply Mr. HOYER. Mr. Speaker, reclaiming ing Monday. will say as the distinguished majority my time, I thank the gentleman for his f leader has said, I actually made the an- comments. NO STRATEGIC PETROLEUM nouncement just a few minutes ago f about the request that we have pro- RESERVES TO BE RELEASED posals submitted to the Committee on ADJOURNMENT TO MONDAY, (Mr. DEFAZIO asked and was given Rules by early next week so we will be MARCH 17, 2003 permission to address the House for 1 able to consider this measure on Mr. DELAY. Mr. Speaker, I ask unan- minute and to revise and extend his re- Wednesday. It is our intention, as has imous consent when the House ad- marks.) been our intention in the past, to do journs today, it adjourn to meet at Mr. DEFAZIO. Madam Speaker, I everything we possibly can to make noon on Monday, March 17, 2003. urge Members to read the Wall Street substitutes in order and as many sub- The SPEAKER pro tempore (Mr. Journal today wherein the Secretary of stitutes as we possibly can. SIMPSON). Is there objection to the re- Energy, appointed by President Bush, I want to assure the gentleman that quest of the gentleman from Texas? assured Ali Naimi, the Saudi Minister, is the goal of the Committee on Rules, There was no objection. the man in charge of manipulating oil and we will look forward to testimony f supply and heading up their negotia- from our many colleagues who would tions with the cartel to control prices like to offer proposals. HOUR OF MEETING ON TUESDAY, and to constrain supply, he assured Mr. HOYER. Mr. Speaker, reclaiming MARCH 18, 2003 him, Mr. Abraham, the Secretary of my time, I thank the gentleman and Mr. DELAY. Mr. Speaker, I ask unan- Energy, assured him the United States express the fervent hope that the com- imous consent that when the House ad- would not release oil from its Strategic mittee will be able to reach its goals. journs on Monday, March 17, that it ad- Petroleum Reserve to help control the They are commendable goals to journ to meet at 12:30 p.m. on Tuesday, prices being gouged out of Americans achieve, and I hope they are achieved. March 18, 2003, for morning hour de- by the Saudis and others. Mr. Speaker, we have been talking bates. That is outrageous. I cannot believe about the Amber bill and adding things The SPEAKER pro tempore. Is there that the Secretary of Energy appointed to it. We had a bill a week and a half objection to the request of the gen- by President Bush has cut a deal with ago on the floor. That was to aid our tleman from Texas? the Saudis that we will not release our men and women in the armed forces There was no objection. Strategic Petroleum Reserve to help whom we are sending in harm’s way. f the American consumers, to help keep We were not able to pass it the week our airlines from going bankrupt, to before. We have not passed it this DISPENSING WITH CALENDAR help keep our truckers from going week. Can the gentleman advise us as WEDNESDAY BUSINESS ON bankrupt, and to help keep American to the status of that bill. WEDNESDAY NEXT families not being able to put food on Mr. DELAY. Mr. Speaker, will the Mr. DELAY. Mr. Speaker, I ask unan- the table so they can buy a tank of gas gentleman yield? imous consent that the business in for their car. There is something wrong Mr. HOYER. I yield to the gentleman order under the Calendar Wednesday with that. I have sent the Secretary of from Texas. rule be dispensed with on Wednesday Energy a letter to ask him to explain Mr. DELAY. Mr. Speaker, the Com- next. his position to the American people. mittee on Ways and Means held a The SPEAKER pro tempore. Is there f markup of the Social Security bill yes- objection to the request of the gen- terday, and I expect to consider that tleman from Texas? EXPRESSING REGRET FOR ASSAS- legislation under a rule in the next There was no objection. SINATION OF SERBIAN PRIME MINISTER ZORAN DJINDJIC week or so. f On the Armed Services Tax Fairness (Mr. DREIER asked and was given Act, the committee is still reviewing HONORING KATHLEEN CASEY AND permission to address the House for 1 options for potential changes to that ALL IRISH AMERICANS ON ST. minute and to revise and extend his re- bill, but we also expect to consider that PATRICK’S DAY marks.) legislation in the very near future. (Mr. ROHRABACHER asked and was Mr. DREIER. Madam Speaker, I rise Mr. HOYER. Mr. Speaker, reclaiming given permission to address the House today to express my deep regret at the my time, I advise the distinguished for 1 minute and to revise and extend tragic assassination yesterday of Ser- majority leader that I am authorized his remarks.) bian Prime Minister Zoran Djindjic. on behalf of the minority to tell the Mr. ROHRABACHER. Madam Speak- Prime Minister Djindjic worked closely gentleman that if that bill were re- er, with St. Patrick’s Day only a few with my friend, Jim Denton, and my ported out without any additional days away, it is appropriate for us to chief of staff, Brad Smith, in pursuing items attached to it, we would be pre- recognize and, yes, celebrate the role democratization in Serbia. In a coun- pared to give unanimous consent so it that Irish Americans have played in try that has seen more than its share could be passed either next Tuesday our history and in the development of of autocratic governments, the Prime night or Wednesday. our national character. Minister promoted democratic ideals

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.091 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1875 throughout his political career. He was 276h, and the order of the House of Jan- To the Congress of the United States: one of the founding members of the uary 8, 2003, the Chair announces the Section 202(d) of the National Emer- Centrist Democratic Party in 1989, one Speaker’s appointment of the following gencies Act (50 U.S.C. 1622(d)) provides of the leading anti-Milosevic parties. Member of the House to the Mexico- for the automatic termination of a na- He was also instrumental in fostering United States Interparliamentary tional emergency unless, prior to the the mass protest that ultimately ended Group: anniversary date of its declaration, the Slobodan Milosevic’s rule in 2000. Mr. KOLBE, Arizona, Chairman. Since that time, he served as the President publishes in the Federal Reg- Prime Minister of Serbia, promoting f ister and transmits to the Congress a economic development and democra- APPOINTMENT OF MEMBER TO notice stating that the emergency is to tization within the former Yugoslavia. CANADA-UNITED STATES INTER- continue in effect beyond the anniver- Prime Minister Djindjic was instru- PARLIAMENTARY GROUP sary date. In accordance with this pro- vision, I have sent the enclosed notice, mental in delivering Slobodan The SPEAKER pro tempore. Pursu- Milosevic to face the war crimes stating that the Iran emergency is to ant to 22 U.S.C. 276d, and the order of charges before The Hague Tribunal. continue in effect beyond March 15, It may be well that Mr. Djindjic’s un- the House of January 8, 2003, the Chair 2003, to the Federal Register for publica- abashed support for governance and his announces the Speaker’s appointment tion. The most recent notice con- efforts to end corruption led to his of the following Member of the House tinuing this emergency was published tragic death. As we here in the United to the Canada-United States Inter- in the Federal Register on March 14, 2002 States continue to take advantage of parliamentary Group: (67 FR 11553). our freedom and representative govern- Mr. HOUGHTON, New York, Chairman. The crisis between the United States ment, we must remember that there f and Iran constituted by the actions and are fragile democracies all around the APPOINTMENT OF MEMBER TO world. policies of the Government of Iran, in- Our Nation learned long ago that lib- BRITISH-AMERICAN INTER- cluding its support for international erty does not come without a price. As PARLIAMENTARY GROUP terrorism, efforts to undermine Middle other nations learn that same unfortu- The SPEAKER pro tempore. Pursu- East peace, and acquisition of weapons nate lesson, the United States must ant to 22 U.S.C. 276l, and the order of of mass destruction and the means to continue to promote international de- the House of January 8, 2003, the Chair deliver them, that led to the declara- mocratization so the sacrifices of announces the Speaker’s appointment tion of a national emergency on March Prime Minister Djindjic and other rev- of the following Member of the House 15, 1995, has not been resolved. These olutionaries will not have been in vain. to the British-American Inter- actions and policies are contrary to the f parliamentary Group: interests of the United States in the re- Mr. PETRI, Wisconsin, Chairman. gion and pose a continuing unusual and b 1545 extraordinary threat to the national f MOURNING ASSASSINATION OF security, foreign policy, and economy SERBIAN PRIME MINISTER APPOINTMENT OF MEMBERS TO of the United States. For these rea- DJINDJIC HOUSE COMMISSION ON CON- sons, I have determined that it is nec- (Mr. HOYER asked and was given GRESSIONAL MAILING STAND- essary to continue the national emer- permission to address the House for 1 ARDS gency declared with respect to Iran and minute and to revise and extend his re- The SPEAKER pro tempore. Pursu- maintain in force comprehensive sanc- marks.) ant to 2 U.S.C. 501(b), and the order of tions against Iran to respond to this Mr. HOYER. Mr. Speaker, I want to the House of January 8, 2003, the Chair threat. join the gentleman from California announces the Speaker’s appointment GEORGE W. BUSH. (Mr. DREIER) in his comments about of the following Members of the House THE WHITE HOUSE, March 12, 2003. Mr. Djindjic, the Prime Minister of to the House Commission on Congres- Serbia. Serbia in the 1990s, like Iraq sional Mailing Standards: f has gone through, was under the heel of Mr. NEY, Ohio, Chairman; a despot who was vicious and who in Mr. ADERHOLT, Alabama; PERIODIC REPORT ON NATIONAL my opinion was a war criminal. When Mr. SWEENEY, New York; EMERGENCY WITH RESPECT TO the United States acted to displace the Mr. LARSON, Connecticut; IRAN—MESSAGE FROM THE Milosevic regime and ultimately Mr. THOMPSON, Mississippi; PRESIDENT OF THE UNITED Milosevic was voted out of office be- Mr. HOLT, New Jersey. STATES (H. DOC. NO. 108–47) cause we went into Kosovo, it was Mr. Djindjic who showed the courage and f The SPEAKER pro tempore laid be- the moral commitment to ensure that ANNOUNCEMENT BY THE SPEAKER fore the House the following message Mr. Milosevic would be transferred to PRO TEMPORE from the President of the United The Hague to answer for his crimes. The SPEAKER pro tempore. The States; which was read and, together That trial currently is going on. It is Chair announces that on February 10, with the accompanying papers, without going on because Mr. Djindjic had the 2003, the Speaker delivered to the Clerk objection, referred to the Committee courage to facilitate the transfer out of a letter listing Members in the order in on International Relations and ordered Serbia to The Hague of the alleged war which each shall act as Speaker pro to be printed: criminal Slobodan Milosevic. To the Congress of the United States: He has now been assassinated. We do tempore under clause 8(b)(3) of rule I. not know yet who the perpetrator of f As required by section 401(c) of the National Emergencies Act, 50 U.S.C. that assassination is. Suffice it to say, CONTINUATION OF NATIONAL we have lost someone whose courage 1641(c), section 204(c) of the Inter- EMERGENCY WITH RESPECT TO national Emergency Economic Powers and commitment to freedom and IRAN—MESSAGE FROM THE human rights was an important aspect Act, 50 U.S.C. 1703(c), and section 505(c) PRESIDENT OF THE UNITED of the International Security and De- for his country and for the inter- STATES (H. DOC. NO. 108–46) national community. We are a lesser velopment Cooperation Act of 1985, 22 international community for his loss. The SPEAKER pro tempore laid be- U.S.C. 2349aa–9(c), I am transmitting a fore the House the following message f 6-month periodic report prepared by from the President of the United my Administration on the national APPOINTMENT OF MEMBER TO States; which was read and, together emergency with respect to Iran that MEXICO-UNITED STATES INTER- with the accompanying papers, without was declared in Executive Order 12957 PARLIAMENTARY GROUP objection, referred to the Committee of March 15, 1995. The SPEAKER pro tempore (Mrs. on International Relations and ordered GEORGE W. BUSH. BLACKBURN). Pursuant to 22 U.S.C. to be printed: THE WHITE HOUSE, March 12, 2003.

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.093 H13PT1 H1876 CONGRESSIONAL RECORD — HOUSE March 13, 2003 SPECIAL ORDERS stuck in at the 11th hour which took imity it was to the shots they received The SPEAKER pro tempore. Under away any liability that the pharma- containing mercury. We can no longer the Speaker’s announced policy of Jan- ceutical companies might incur be- turn our backs on this. We went from uary 7, 2003, and under a previous order cause of mercury-related damage done one in 10,000 children who are autistic of the House, the following Members to children. We were able to get that to one in 150 right now. It is an abso- will be recognized for 5 minutes each. out early this session. But now in the lute epidemic. We cannot sweep it other body they are trying to put that under the rug. f back in in a bill that was introduced f AUTISM today by the majority leader. That is The SPEAKER pro tempore. Under a something that is intolerable. It is previous order of the House, the gen- The SPEAKER pro tempore. Under a something that cannot be tolerated by tleman from California (Mr. GEORGE previous order of the House, the gen- this body or the other body. MILLER) is recognized for 5 minutes. tleman from Indiana (Mr. BURTON) is I want to tell you why real quickly. (Mr. GEORGE MILLER of California recognized for 5 minutes. Here is one example, a letter from a addressed the House. His remarks will Mr. BURTON of Indiana. Madam lady named Sue McManus from Ken- appear hereafter in the Extensions of Speaker, a few minutes ago, the major- nesaw, Georgia. She says: ity and the minority leaders of the ‘‘Eight years ago, in 1994, I adopted a Remarks.) House, or the minority whip and the lovely daughter, Jessica, from Para- f majority leader of the House, discussed guay at age 5 months. Jessica was not the Amber Alert System and how im- EXCHANGE OF SPECIAL ORDER identified as a special needs child at TIME portant it was that we do everything the time of adoption and was in fact we can to protect our American chil- seen by pediatricians in Paraguay who Mr. PALLONE. Madam Speaker, I dren. This lectern, or this stand, holds were U.S. trained as well as in this ask unanimous consent to take the the faces of about 55 or 60 children who country and given a clean bill of time of the gentleman from California have been damaged, their parents be- health. Being a responsible parent and (Mr. GEORGE MILLER). lieve, by vaccines that contain mer- following directions from my doctors, I The SPEAKER pro tempore. Is there cury and they have become autistic. had her vaccinated within a few weeks objection to the request of the gen- One of those is my grandson. of bringing her home. On 11/15/94, she tleman from New Jersey? It is very interesting, Madam Speak- received OPV, DPT, HIB and hepatitis There was no objection. er, that today we found out that there B. On January 17, 1995, she received her f is a just-published report in the ‘‘Jour- second series of shots. Within 4 hours CYPRUS TALKS COME TO AN END nal of the American Association of of the second series of shots, she re- Physicians and Surgeons’’ that in- acted with severe infantile spasm sei- The SPEAKER pro tempore. Under a volves a research study on autism. The zures and she became autistic. She had previous order of the House, the gen- research, conducted by Drs. Mark Geier three seizures that week and had never tleman from New Jersey (Mr. PALLONE) and David Geier, analyzed mercury had any form of seizure prior to the is recognized for 5 minutes. doses children received from thimer- second shot. Per medical recommenda- Mr. PALLONE. Madam Speaker, first osal, which contains mercury in child- tion, she received several shots that let me tell the gentleman from Indiana hood vaccines in comparison to Federal day. I don’t have any doubt that my that I would like to join in his remarks safety guidelines. The doctors con- daughter reacted severely and directly and I want to commend him for taking cluded that mercury from thimerosal as a result of this DPT shot or com- to the floor to talk about this issue. I did exceed Federal safety guidelines bination of shots.’’ agree with him wholeheartedly in what and that the study provides strong epi- She goes on to say that ‘‘she has not he has been saying tonight and pre- demiological evidence for a link be- developed normally, she has become viously. tween increasing mercury from thimer- autistic, she stares at the walls, she Madam Speaker, I come to the floor osal-containing childhood vaccines and flaps her arms like my grandson does this evening to express my supreme neurodevelopmental disorders such as and she has chronic diarrhea or con- disappointment with Turkish Cypriot autism which has reached epidemic stipation and it is a problem that will leader Rauf Denktash for his unwilling- proportions. The authors stated, ‘‘A not go away.’’ If you saw the movie ness to compromise, an action that led causal relationship between thimer- ‘‘Rain Man,’’ you know how bad autism to the end of the Cyprus peace negotia- osal-containing childhood vaccines and can be. If we do not deal with this prob- tions earlier this week. neurodevelopmental disorders appears lem now, we are going to deal with it Yesterday, after some 20 hours of to be confirmed.’’ in 15 to 20 years when these people all continuous negotiations, U.N. Sec- The Geier research confirms the find- become dependent on society. retary-General Annan declared they ings of an unreleased CDC study, Cen- Let me just say to my colleagues, had reached the end of the road. ters for Disease Control, obtained this is something this House is going to Madam Speaker, let there be no through the Freedom of Information have to address. It is not a partisan doubt that Turkish Cypriot leader Act, which found a relative risk of 2.48 issue. Both Democrats and Republicans Denktash is to blame for this sorry between thimerosal exposures and au- have said they want to protect Amer- conclusion. Yesterday, State Depart- tism. Courts of law have generally held ica’s children. The President said he ment spokesman Richard Boucher said that a relative risk of 2.0 or higher is does not want to leave any children be- he found it regrettable that, quote, sufficient to substantiate that a given hind. These kids are being left behind ‘‘Mr. Denktash has denied Turkish exposure causes diseases. and their parents are being saddled Cypriots the opportunity to determine So there is no doubt, no doubt, that with $50,000, $100,000, $200,000 bills. their own future and to vote on such a the mercury that has been injected They are selling their homes, they are fundamental issue.’’ Lord David into our children is a cause, a contrib- going bankrupt to take care of their Hannay, Britain’s special envoy for Cy- uting cause at the very least, but a children, and the people who are re- prus, also blamed Denktash when he cause, of the autism that these chil- sponsible for the damage to them, the stated, and I quote, ‘‘I am sad about it dren are suffering. I have asked the pharmaceutical companies, are being but I do not think that Mr. Denktash parents of these children from across left high and dry with no damage what- left him, Secretary Annan, any alter- the country to write to me, to give me soever being attributed to them. There native.’’ information on how their child became is a responsibility here for this govern- Finally, in today’s Washington Post, autistic and how close it was to when ment to make sure these children are columnist Jim Hoagland writes, and I the child was vaccinated with vaccines treated properly. quote, ‘‘The defiance of one grumpy old containing mercury. In the next few weeks I am going to man derailed peace plans put forward We had a big problem in the last ses- be reading every night letters from by diplomats from the United States sion. Right at the end in the homeland these parents talking about how their and the European Union because this security bill, there was an amendment child was damaged and in what prox- grumpster would not see multilateral

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.097 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1877 reason. The stubborn, self-defeating nomic rewards available with the na- Nation to utter the name of God. Just unilateralist I have in mind is Ralph tion’s accession to the European the opposite. The Constitution of the Denktash.’’ Union. It is very unfortunate this oc- United States of America, written by b 1600 curred, but I continue to believe that our Founding Fathers, states this we can somehow achieve a situation clearly in Article VII, in the year of Madam Speaker, despite yesterday’s where the Turkish Cypriots will join our Lord one thousand seven hundred giant setback, the President of the Re- with the Greek Cypriots in a unified and eighty-seven. public of Cyprus, Tassos Papadopoulos, Cyprus that would join the European So how ridiculous is it that the Ninth stressed that the Greek Cypriot side Union at the time that is scheduled Circuit Court of Appeals can prohibit ‘‘will continue the efforts for reaching next year. I am still optimistic that our teachers and children from reciting a solution to the Cyprus question both can be achieved. the Pledge of Allegiance in the public before and after Cyprus joins the EU.’’ schools of nine western states, when f Furthermore, President Papadopou- the Constitution itself speaks of God? The SPEAKER pro tempore (Mrs. los pledged one more time to continue Using this perverted logic, the Ninth BLACKBURN). Under a previous order of the efforts for a Cyprus settlement Circuit Court of Appeals must now find the House, the gentleman from Vir- that would properly serve the interests our Constitution unconstitutional. ginia (Mr. WOLF) is recognized for 5 of both Cyprus communities. This holding is a new low for our Na- minutes. On the other hand, after the peace tion, a low that will harm our children. (Mr. WOLF addressed the House. His talks ended yesterday, Turkish-Cypriot A good teacher, Mr. Byron Bolen, remarks will appear hereafter in the leader Denktash continued his obstruc- who teaches American government in Extensions of Remarks.) tionist actions threatening that if Cy- Round Valley, Arizona, is concerned prus accedes to the European Union on f that we are undermining our national May 1, 2004, that there will be a dis- The SPEAKER pro tempore. Under a traditions and taking focus away from aster. He went on to say that talks previous order of the House, the gen- our Founding Fathers by not allowing would be suspended until Turkey joins tleman from California (Mr. FILNER) is the real Pledge in our classrooms. He the European Union. recognized for 5 minutes. believes this issue has become more an Madam Speaker, Turkey’s accession (Mr. FILNER addressed the House. issue not of separation of church and to the European Union was seriously His remarks will appear hereafter in state, but an issue that directly ne- undermined yesterday with the failure the Extensions of Remarks.) gates the patriotism that our children of a peace agreement. The Turkish gov- f need to learn towards their country. ernment also bears blame for yester- As a teacher in the First District of The SPEAKER pro tempore. Under a day’s developments after giving its full Arizona, Mr. Bolen asked me how far previous order of the House, the gen- support to Denktash. New Turkish our courts will go to sterilize and re- tleman from North Carolina (Mr. Prime Minister Erdogan said on Mon- move God from our classroom and pub- JONES) is recognized for 5 minutes. day that it was impossible for Turkey lic places. (Mr. JONES of North Carolina ad- to accept the U.N. plan in its current Our Founding Fathers created a Na- dressed the House. His remarks will ap- form. tion based on truth and morality and a pear hereafter in the Extensions of Re- Both the Turkish government and love for democracy based upon a per- marks.) Denktash refused to listen to the thou- son’s desire to conform to laws which sands who have taken to the streets f they revere. Our good natural ten- over the last couple of months in the ONE NATION UNDER GOD dencies as human beings is to repel occupied section of Cyprus and voiced from evil and to be drawn towards support for a solution based on the The SPEAKER pro tempore. Under a goodness. U.N. plan. previous order of the House, the gen- When hippie generation judges im- The leader of the Republican Turkish tleman from Arizona (Mr. RENZI) is rec- pose their own sterile secular beliefs on Party in Turkey accused both the ognized for 5 minutes. the American people, they are estab- Turkish government and Denktash of Mr. RENZI. Madam Speaker, on lishing their agnostic beliefs on Ameri- bringing the talks to a deadlock, and March 10, our children who attend pub- cans. he stated, ‘‘Mr. Denktash persuaded lic schools in the jurisdiction of the To go one step further, on February Turkey as well. Having the support of Ninth Circuit Court, including my 28 the Court of Appeals in the Ninth the powerful circles in Turkey he influ- home State of Arizona, were told not Circuit refused numerous requests by enced the decision-making mechanism to start their day with the real Pledge our President, the Congress and local and foiled them. He used the indeci- of Allegiance. An absurd ruling made school districts to overturn their prior siveness for not making a serious deci- by the Ninth Circuit Court of Appeals decision. sion. Not being able to decide, Turkey last June held that the 1954 Federal act Twice now this court has ruled that decided to preserve the status quo.’’ that added the words ‘‘under God’’ to reciting the real Pledge of Allegiance Madam Speaker, I continue to be- the Pledge of Allegiance violated the is unconstitutional. Yet in the House lieve that the Bush administration did Establishment Clause of the first of Representatives we start our day not put enough pressure on the Turkish amendment. with the real Pledge of Allegiance. Our government to force Denktash to nego- Madam Speaker, our great Nation institution writes and debates our laws tiate in good faith. Turkey must fi- rests upon the wisdom of our Founding only after we recite the real Pledge of nally realize that by supporting Fathers. Our Founding Fathers created Allegiance. We must act to allow our Denktash’s intransigence, it is causing a Nation based upon spiritual beliefs, children to start their day the way we harm to its own long-term interest as a and yet judges continually misinter- start our day here in the House. potential full member of the European pret this founding principle by citing Therefore, I call upon the Supreme Union. the Establishment Clause. Court to review this case, to review it After the setback of the U.N. efforts, So what really is the Establishment expeditiously, and allow our children the Bush administration must redouble Clause? Within our Constitution, the to honor our Nation by reciting the its efforts to persuade Turkey and the Establishment Clause was created to real Pledge, and let them start their Turkish-Cypriot leader to work con- protect American citizens against reli- school day the way we start our day. structively within the U.N. process to gious persecution, so that the govern- f achieve a negotiated settlement to end ment would not impose one religion, the division of Cyprus. the government religion, so that a gov- MAKE WAR A LAST-CASE Madam Speaker, Turkey’s 28 year il- ernment or king would not impose his SCENARIO legal occupation of 37 percent of Cy- own spiritual or personal beliefs. The SPEAKER pro tempore. Under a prus has to come to an end. It is time The Establishment Clause was not previous order of the House, the gentle- for all the citizens of Cyprus to be re- created by our Founding Fathers to woman from Texas (Ms. JACKSON-LEE) united so they may all reap the eco- sterilize this Nation, to not allow this is recognized for 5 minutes.

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.099 H13PT1 H1878 CONGRESSIONAL RECORD — HOUSE March 13, 2003 Ms. JACKSON-LEE of Texas. Madam for us. We have totally overlooked tleman from Colorado (Mr. TANCREDO) Speaker, interestingly enough, as a North Korea, pointing missiles at is recognized for 5 minutes. member of the Committee on the Judi- Japan and South Korea. Mr. TANCREDO. Madam Speaker, as ciary and also a Member of the other I was in China a few weeks ago ask- we rightfully address the issues that side of the aisle, I happen to agree with ing the President of China to engage. are confronting us overseas and the the gentleman from Arizona that the He said, you, the United States, needs possibility of sending American troops First Amendment protects freedom of to engage in bilaterals with North into harm’s way, I think it is also im- religion and freedom of speech, and Korea. portant for us to think about those that the Pledge of Allegiance is pro- What are the real ways we could en- people who are here in the United tected sufficiently for us to be able to gage in true, meaningful debate and re- States, those citizens, who every day, say ‘‘under God.’’ I hope we will be able spect of the United Nations? First of as a matter of fact, face almost warlike to move forward to give the sense and all, we have been not listening to them conditions at places on our borders, a the obvious position that the Pledge of as they have argued vigorously for place on our southern border espe- Allegiance is still a very legitimate ex- more vigorous U.N. inspections. It does cially, that I think there is no other pression of loyalty to this country. not mean the United States is a wimp, way to describe the activities down Interestingly enough, those of us who that we cannot defend ourselves. What there, with the number of people com- have stood fast against the war in Iraq it means is that you understand the ing through that border illegally. That have been accused of being disloyal to cost of war. it is a battle zone, and there are people the United States of America and un- Over $1 trillion is expected we would there who daily deal with this par- patriotic. That is why it is important have to pay out in this war, now that ticular problem. I am periodically to come to the floor of the House and we have a $283 billion deficit, and the going to bring several of these folks to try to express the voice of millions and President is cutting $470 billion in the attention of the House. millions of Americans and millions and child care and special education and, Today I would like to identify Mr. millions of the world family and to most of all, what a horror, veterans Roger Barnett and his wife Barbara, again say to the singular voice that is benefits. A veterans hospital that I who own a 22,000-acre ranch located resounding out of Washington and into have in my district is closing the door only 2 miles from the U.S.-Mexico bor- the airwaves that I thought a democ- to those veterans who are trying to en- der near Douglas, Arizona. Mr. Barnett racy represented practice over words; roll, those men and women who offered also owns and operates a towing and that we would practice the idea that themselves, who wanted to, or if they propane gas business with branches in when the people speak, or when the had to would have sacrificed their Phoenix, Tucson, Wilcox and Sierra people question, the leaders of govern- lives. We cannot let them get in the Vista. ment should entertain their concerns, hospitals because this administration Almost any evening after dark, Mr. particularly since the people of the is cutting $470 billion on top of a $600 Barnett can get in his truck, ride a United States send their young men billion tax cut and disrespecting the short distance across his own land and and young women to far away shores to fact they have given us no monies and personally witness groups of 20, 30, 40, defend us. And might I say to the no dollars to account for how much we 50, even 100 illegal aliens crossing the troops that are stationed abroad, there will have to spend for this war. property. Sometimes, of course, they is not one divide amongst us in support So I believe we need action. And cross in daylight also. of those very loyal troops. what is the action I propose? First of b 1615 The Constitution clearly enunciates all, I hope we will be debating soon a the principle that the Congress has the resolution that I have to ask the ques- Mr. Barnett, his brother, and his wife duty and responsibility to declare war. tion whether this Congress has abdi- have personally been responsible over We well recognize that in the Constitu- cated its duty to declare war. the course of the last year for detain- tion it also acknowledges that the Second, I want the U.N. Security ing, calling the INS, and being able to President is the Commander in Chief, Council to have a tribunal and to try actually take off of his property over and if and when those troops are de- Mr. Saddam Hussein as a war criminal. 2,000, I say 2,000, people who are tres- ployed, the United States of America And I want humanitarian aid for Iraq, passing, who are coming across his will be unified. That is why the judg- democracy for Iraq. And we should property illegally and, in fact, coming ment of making that decision is so focus, Madam Speaker, on the Mideast into the United States illegally. very important. peace solution and have troops, a small Now, of course, that in and of itself is We have gotten ourselves in a foreign number, to ensure the investigation a challenging experience for anybody policy shambles. Many people blame it and inspection of the U.N. inspectors. who lives on that border, but along on the United Nations, partly because Madam Speaker, I say there is an- with it goes a whole lot of other prob- they do not understand that the United other way. War should be the last op- lems that are created. Mr. Barnett and States has consented to be a part of the tion, and our voices should be heard. all of the other ranchers in the area United Nations through the U.N. Char- find that their fences are cut. They are f ter 51. And we have lived in peace for constantly, and I mean constantly, almost 50 years because, as much as The SPEAKER pro tempore. Under a challenged with the responsibility of you malign the United Nations, it has previous order of the House, the gen- going out and repairing the fences that kept a sense of world decorum and tleman from Florida (Mr. FOLEY) is have been cut, trampled, gates left order. It means that one nation does recognized for 5 minutes. open, cattle disappearing, cattle being not lift up arms against another. It (Mr. FOLEY addressed the House. His butchered and eaten right on the spot means that the friendship and affection remarks will appear hereafter in the by the people who are coming through. for the United States has been because Extensions of Remarks.) The water on the property being dam- it has been a leader for peace over war. f aged, the water wells being damaged; It has been a defender as opposed to an The SPEAKER pro tempore. Under a the amount of trash that accumulates offender. previous order of the House, the gen- on these properties is enormous, and it Now we have thrown all of that to tleman from Maryland (Mr. CUMMINGS) accumulates at something called lay- the winds. We have cast Syria against is recognized for 5 minutes. over sites and these are simply sites Iran, and Iran against Syria, and Tur- (Mr. CUMMINGS addressed the where a large number of illegal aliens key against Syria, and Turkey against House. His remarks will appear here- will gather and they will prepare to be Iraq. We have potentially created a de- after in the Extensions of Remarks.) picked up by a truck, by some sort of stabilizing situation in that region. f vehicle in a road not too far away from We have not focused on solving our the site. They discard all of their be- problems with Israel and the Palestin- CONTROLLING AMERICA’S longings because they want to pack as ians, a strong effective peace, an abhor- BORDERS many into these vehicles as possible, so rence of suicide bombings, a recogni- The SPEAKER pro tempore. Under a they will discard all of the trash that tion of the importance of that region previous order of the House, the gen- they have been carrying with them and

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.105 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1879 certainly a lot of the water bottles, way, shape, or form. These people are should not even be here in the first even articles of clothing. It is a place homeland heroes. I want to bring them place because it consists of money of enormous trash and human waste, as to the attention of my colleagues, and raised in the District of Columbia. a matter of fact. This also gets into the I will continue to do so. The Revolutionary War ‘‘Taxation water on the ranch when, after a rain, f without Representation’’ slogan has it destroys the wells; it becomes some- been with us since District residents thing that the cattle cannot drink. SUPPORT VOTING RIGHTS LEGIS- fought in that war and have fought in The trucks and the buildings on this LATION FOR THE DISTRICT OF every war since. The people I represent gentleman’s property, as well as many COLUMBIA have indeed had more casualties in people in the area, have been vandal- The SPEAKER pro tempore (Mrs. many wars than many others in this ized. The grasslands needed for food for BLACKBURN). Under a previous order of House. In World War I, more casualties the cattle are continually trampled by the House, the gentlewoman from the than three States; in World War II, the aliens crossing and making new District of Columbia (Ms. NORTON) is more casualties than four States; in paths across the land. They discard, as recognized for 5 minutes. Korea, more casualties than eight I say, water bottles and trash and plas- Ms. NORTON. Madam Speaker, today States; and in Vietnam, more casual- tic bags. The cattle eat the plastic bags I have introduced a D.C. voting rights ties than 10 States. And no vote, and die. bill here in the House, and in the Sen- Madam Speaker. Recently, Mrs. Barnett, Barbara, was ate it has been introduced by Senator Since I have been in the House, three driving her truck near her home and LIEBERMAN with seven sponsors besides wars have taken place: the Persian saw three illegal aliens crossing her Mr. LIEBERMAN: Mr. FEINGOLD, Ms. Gulf War, Afghanistan, and now we are farm. She called her husband, and he FEINSTEIN, Mr. SCHUMER, Mr. DODD, Mr. on the verge of war with Iraq. I have and his brother came out and tried to KENNEDY, and Ms. LANDRIEU. I will be spoken at all three, sent all three off to locate them. After following the trail seeking cosponsors here in the House war, all with no vote. for a period of time, they found a stash from both sides of the aisle beginning Madam Speaker, it is one thing to of 220 pounds of marijuana hidden in next week, and I will be seeking it on give your taxes to your government the mesquite bushes. this eve of war. I am asking Members without a vote. It is quite another to The Border Patrol has told him that of the House to consider what it means lay your life on the line for your coun- some part of his land is used every sin- to send people to war when those same try without a vote. gle night by drug traffickers, but the people have no vote in the House and Everyone in the military today is a Border Patrol does not have the man- no Senators whatsoever. We, of course, volunteer. There is a freeze so one can- power to stop it. Lately, these illegal are second per capita in Federal in- not even get out, making it really a groups have been coming closer to his come taxes. Unless one comes from draft. Taxes without a vote in return is ranch house using a creek bed hiding Connecticut, your constituents do not awful, particularly in this body that spot not 100 yards from his home. A few pay as much in Federal income tax as does not want people to pay taxes in months ago, he found a group of 30 and we do. Most of our residents pay in- the everyday sense of the word. But pa- called the Border Patrol to come and come taxes. triotism without a vote for it is a get them. The difference this year is that we This is happening day after day after shame and a shame on us, particularly are emphasizing something that most given the kind of war we now want to day to the people who live in this area. of our residents and most of my col- This is not a unique story. I identify fight, a war for democracy in Iraq and leagues’ residents have not had to do. in the Middle East. these people as homeland heroes, be- On the eve of war, we honor 50,000 vet- cause they are fighting a war on their I am pleased that there are Repub- erans of the District of Columbia who licans who have said to me, This is own land, on their own property, and live here now. Three distinguished vet- on the border of the United States; and wrong and I am not for it. erans who are also Washingtonians they are doing it certainly without the Voting is not a partisan issue, except stood with me to announce that we are help of this government. They turn to in undemocratic countries. It cannot introducing the No Taxation Without their own government, to the Federal be a partisan issue in our country Representation Act. They were former Government and say, what can you do? today when we are sending young men Secretary of the Army, Clifford Alex- How can you help? What is happening and women off to war, yes, even from ander, Harvard College, Yale Law to our property and to our lives? Our the Nation’s Capital. So the people I School; Wesley Brown, a native Wash- lives are essentially being destroyed. represent, in whose name I submitted They have to travel everywhere ingtonian, the first black person ever this bill today, standing with three armed. They keep a rifle by the door, a to graduate from the Naval Academy. veterans who live in the District of Co- loaded rifle by the door in almost every He is also a graduate of Rensselaer lumbia, I ask this question of this one of these houses up here because of Polytechnic, served in Korea in World House: how much longer are you going the number of vandals that have come War II, and is the former chair of my to ask the residents of your Nation’s in, the number of times they have per- Service Academy Nominating Board Capital, 600,000 of them, to pay taxes sonally been threatened. People have that nominates young people from the more than most of my colleagues do been accosted. Their cars have been District, selects people from the Dis- per capita and to go to war without the stolen, hijacked. The illegal aliens will trict for me to nominate to go to the right to vote? How long? I hope not put rocks up on the dirt road, stop the academies. George Keyes, native Wash- very long. vehicles, and then hijack the vehicles. ingtonian, Air Force Academy, Yale f Again, this is something that they Law School, Rhodes Scholar, just fin- SUPPORT H.R. 5 put up with every single day. Madam ished as chair of my nominating board Speaker, what would we do if that was for the service academies. The SPEAKER pro tempore. Under a the way we had to face every single day The present Chair, Kerwin Miller, previous order of the House, the gen- of our lives? I mean, would we not turn was to be here. A West Point graduate, tleman from Texas (Mr. HENSARLING) is to somebody for help and say, what is he could not attend for a completely recognized for 5 minutes. going on here? This is incredible. This outrageous reason. The House has at- Mr. HENSARLING. Madam Speaker, is, by the way, a relatively recent phe- tached a rider that forbids anybody today I rise to commend the House on nomenon, maybe 4 or 5 years. It is a re- who happens to be an employee of the the passage of H.R. 5 and to encourage sult of a whole lot of things, including District government from lobbying for the other body to immediately take up the fact that the Mexican Government voting rights. This man is head of the meaningful medical liability reform, has chosen to help move people into D.C. Veterans Affairs Office. What an the lack of which constitutes the num- the United States illegally to serve outrage, Madam Speaker. This veteran, ber one health care problem in Amer- some of their own needs in the country, this West Point graduate, could not ica today. Mexico, that is to say. come here to plead for his own freedom Doctors are being driven out of their These are travesties, Madam Speak- because of a rider that has been at- practices by staggering medical liabil- er, and they cannot be justified in any tached to an appropriations bill that ity insurance premiums, a direct result

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.109 H13PT1 H1880 CONGRESSIONAL RECORD — HOUSE March 13, 2003 of the incredible increase in medical li- tect themselves from being sued, order- (Mr. DEFAZIO addressed the House. ability lawsuits and the mind-boggling ing extra tests, invasive procedures and His remarks will appear hereafter in sums of money paid in jury awards and medications that they do not believe the Extensions of Remarks.) settlements, much of which ends up in are medically necessary. Hospitals, f the pockets of personal injury trial at- doctors, and nurses are reluctant to ORDER OF BUSINESS torneys. provide care, even in emergency situa- In the last 10 years in Texas, my tions, because they live in fear of law- Mr. MCDERMOTT. Madam Speaker, I home State, we have seen a 500 percent suits. As one of my House colleagues ask unanimous consent to take the increase in medical liability awards. recently noted, ‘‘Something is wrong time allocated to the gentleman from But the money is not going to the in- with the system when it is easier to Oregon (Mr. DEFAZIO). jured. Studies show that 57 percent of sue a doctor than it is to see one.’’ The SPEAKER pro tempore. Is there medical malpractice premiums go to- objection to the request of the gen- b 1630 wards attorneys’ fees. Frivolous law- tleman from Washington? suits have caused professional liability Madam Speaker, we know that there There was no objection. premiums to jump anywhere from 50 are 40 million people in this country f without health insurance. Most simply percent to 200 percent in Texas, and the AMERICA BETTER WAKE UP amazing fact is that most of these suits cannot afford it. But for every 1 per- are frivolous. In fact, more than three cent increase in individual health care The SPEAKER pro tempore. Under a out of four liability claims against premiums, 300,000 people nationwide previous order of the House, the gen- Texas doctors are simply dismissed, are forced to go without medical insur- tleman from Washington (Mr. dismissed for no merit. Yet, in all ance. MCDERMOTT) is recognized for 5 min- cases, doctors are forced to spend tens Madam Speaker, the answer to a utes. of thousands of dollars to defend them- medical tragedy or a grossly negligent Mr. MCDERMOTT. Madam Speaker, selves. medical act is not to pay personal in- as we inch closer to Mr. Bush’s Because of the skyrocketing cost of jury trial lawyers millions of dollars, it unprovoked and unjustified invasion of insurance, many physicians are simply is not to drive up the costs of health Iraq, I come to the floor to talk about closing their doors, moving away from care for the rest of us, it is not to add an issue that I think the American peo- high-risk specialties, refusing to per- more Americans to the ranks of the un- ple should be aware of and Members of form certain medical procedures or, insured. The simple answer is to pull House should be very concerned about, frankly, taking early retirement. For the license of the grossly negligent and that is the type of news coverage example, in Mexia, Texas, in my dis- physician. they get about this war. trict, the regional hospital had four Madam Speaker, medical liability re- I see in today’s Roll Call that the Re- family practitioners 1 year ago. But be- form as we passed today will lower publicans are setting up a spin room cause of the increased costs of their li- cost, improve quality, and provide that will be briefings from the White ability insurance, three doctors are more access to health care for all House on a regular basis, but it is only now lost. This will leave the hospital Americans. on one side. It is all being coordinated with only one OB–GYN in a service f through the gentleman from California area of 70,000 people. ANNOUNCEMENT BY THE SPEAKER (Mr. COX). Now, in addition to that the question Madam Speaker, this is unaccept- PRO TEMPORE able. In this same town in my district, is then about reporters, and there are The SPEAKER pro tempore (Mrs. another practitioner closed her clinic going to be two kinds of reporters in BLACKBURN). The Chair would remind and ended up filing bankruptcy, prin- this war. The first are the embedded re- Members not to urge Senate action. cipally due to the skyrocketing cost of porters. Those are the American re- liability insurance. f porters who are brought in and put in Madam Speaker, I fear without RECALL DESIGNEE military uniforms and put in units of the military. They will be under con- meaningful reform we will lose the best The SPEAKER pro tempore laid be- stant censorship by the leadership of and brightest. They will avoid or exit fore the House the following commu- the unit that they are with. They have the medical profession altogether, and nication from the Speaker of the House to sign an agreement to that effect. It where are we going to be 10 years from of Representatives: now if we do not have enough quality is called the Coalition Forces Land OFFICE OF THE SPEAKER, HOUSE OF doctors to serve our patients? Component Ground Rules Agreement, REPRESENTATIVES, I know personally how important it Washington, DC, March 13, 2003. and that means they cannot write any- is to have the best and brightest prac- Hon. JEFF TRANDAHL, thing that the commander of that unit ticing medicine. One year ago, our first Clerk, House of Representatives, does not say is all right to go out. child was born, a daughter we named Washington, DC. Now it is pretty clear that the Sec- Claire Suzanne; and I honestly believe DEAR MR. CLERK: Pursuant to House Con- retary of War, Mr. Rumsfeld, is trying she is the most beautiful baby in the current Resolution 1, and also for purposes of to deal with the problems of the Viet- world. But there was a point last year such concurrent resolutions of the current nam War. The press played an enor- Congress as may contemplate my designa- mous role in stopping that war by re- when I was not certain she would be tion of Members to act in similar cir- with us, because after almost 12 hours cumstances, I hereby designate Representa- porting what is going on over there. of labor, at 4:30 a.m. in the morning, tive Tom DeLay of Texas to act jointly with Had there not been free press, there is our baby was in a breech position, ap- the Majority Leader of the Senate or his des- no telling how long it might have gone parently undeliverable. Losing her ignee, in the event of my death or inability, on because the official reports were all heartbeat with every contraction of my to notify the Members of the House and the bogus and we now know it. But, in the wife, the atmosphere in the delivery Senate, respectively, or any reassembly last couple of wars we have controlled room turned very serious. Fortunately, under any such concurrent resolution. In the the press, and this is the real best con- event of the death or inability of that des- trol I have ever seen. due to a greatly skilled OB–GYN, an ignee, the alternate Members of the House immediate C-section was performed in listed in the letter bearing this date that I There is a second kind of reporter, time to save our precious child’s life. I have placed with the Clerk are designated, in and that is the unembedded reporter, do not want to contemplate what turn, for the same purposes. the international reporters. There is an might have happened to my child or Sincerely, article in today’s paper from the Irish what could happen to someone else’s J. DENNIS HASTERT, radio, an interview with a woman by child if the best and brightest are no Speaker of the House of Representatives. the name of Kate Adie, who is the chief longer there to practice medicine and f news correspondent for the BBC. She save lives. The SPEAKER pro tempore. Under a said when asked if there were any con- There are further problems, Madam previous order of the House, the gen- sequences of fatal actions, the Pen- Speaker. Doctors are being forced to tleman from Oregon (Mr. DEFAZIO) is tagon officers said we do not care. practice defensive medicine just to pro- recognized for 5 minutes. They have been warned, stay out of

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.111 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1881 there. She says, ‘‘I am enormously pes- According to Ms. Adie, who twelve years ‘‘Secondly, they are intending to take con- simistic of the chance of decent, on the ago covered the last Gulf War, the Pentagon trol of the Americans technical equipment spot reporting as the war occurs.’’ attitude is: ‘‘entirely hostile to the free . . . those uplinks and satellite phones I was Another man on the same program, spread of information.’’ talking about. And control access to the air- waves.’’ Phillip Knightley, who is a war histo- ‘‘I am enormously pessimistic of the chance of decent on-the-spot reporting, as ‘‘And then on top of everything else, there rian, said, The Pentagon has also the war occurs,’’ she told Irish national is now a blackout (which was imposed, dur- threatened they ‘‘may find it necessary broadcaster, Tom McGurk on the RTE1 ing the last war, at the beginning of the to bomb areas in which war cor- Radio ‘‘Sunday Show.’’ war), . . . ordered by one Mr. Dick Cheney, respondents are attempting to report Ms. Adie made the startling revelations who is in charge of this.’’ from Iraq.’’ during a discussion of media freedom issues ‘‘I am enormously pessimistic of the Now, Miss Adie was told the Ameri- in the likely upcoming war in Iraq. She also chance of decent on-the-spot reporting, as the war occurs. You will get it later.’’ cans, and I have been talking to the warned that the Pentagon is vetting journal- ists according to their stance on the war, and Pentagon, their attitude is ‘‘entirely USA: CPJ SENDS LETTER TO SECRETARY intends to take control of US journalists’ RUMSFELD hostile to the free spread of the infor- satellite equipment—in order to control ac- mation.’’ I have been told by a senior cess to the airwaves. EXPRESSES CONCERN ABOUT EMBEDDING RULES officer in the Pentagon that if uplinks, Another guest on the show, war author AND NONEMBEDDED JOURNALISTS that is television and electronic links, Phillip Knightley, reported that the Pen- MARCH 6, 2003. that is the television signals, were de- tagon has also threatened they: ‘‘may find it Hon. DONALD H. RUMSFELD, tected by any planes, the military necessary to bomb areas in which war cor- Secretary of Defense, would fire on them, even if they were respondents are attempting to report from The Pentagon, Washington, DC. the Iraqi side.’’ DEAR SECRETARY RUMSFELD: The Com- journalists, she said. And the man said, mittee to Protect Journalists (CPJ) is en- Audio Transcript follows below: Who cares? couraged that the administration is making Tom McGurk: ‘‘Now, Kate Adie, you join Well, the fact is those smart bombs, efforts to accommodate journalists who are us from the BBC in London. Thank you very they tell us a lot but they cannot tell seeking to cover a possible U.S. military ac- much for going to all this trouble on a Sun- tion in the Gulf. We welcome the Pentagon’s the difference between a radio link, a day morning to come and join us. I suppose plan to embed as many as 500 journalists cell telephone or a radar. They are you are watching with a mixture of emotions with U.S. forces as a positive step that will going to do everything they can to this war beginning to happen, because you improve frontline access to combat oper- stamp out any kind of information are not going to be covering it.’’ ations. about this war that they do not want Kate Adie: ‘‘Oh I will be. And what actu- However, based on a 10-day trip, which CPJ to have to have processed. ally appalls me is the difference between senior program coordinator Joel Campagna Now the American people are being twelve years ago and now. I’ve seen a com- recently completed to Kuwait, Qatar, and taken into a war which is, we are going plete erosion of any kind of acknowledgment Jordan, we have a number of concerns re- to be told it is going to be short and that reporters should be able to report as garding both the embed system’s implemen- they witness.’’ tation and the ability of the many reports quick and sweet, and we were told that ‘‘The Americans . . . and I’ve been talking about the last war. We were told that who plan to report outside the system to to the Pentagon . . . take the attitude which conduct their reporting duties freely. only 147 people died in Iraq. But the is entirely hostile to the free spread of infor- During his recent trip, CPJ’s Campagna fact is that 10,000 people have died mation.’’ visited U.S. military bases in Qatar and Ku- since, and there are 221,000 claims of ‘‘I was told by a senior officer in the Pen- wait, meeting with military officials in both disability in the Veterans Administra- tagon, that if uplinks—that is the television places to discuss the Pentagon’s media pol- tion due to depleted uranium and other signals out of . . . Bhagdad, for example— icy. CPJ is particularly concerned by the toxins that were experienced by our were detected by any planes . . . electronic specific language in the recently released media . . . mediums, of the military above Public Affairs guidance document on embed- troops. That was not reported at the Bhagdad . . . they’d be fired down on. Even if time. It was not reported now. You ding and the Coalition Forces Land Compo- they were journalists . . . Who cares! ‘said nent Command Ground Rules Agreement, have to go to the foreign press. . . . [inaudible].’’ which embedded journalists will be required I would say to all Americans, you Tom McGurk: ‘‘. . . Kate . . . sorry Kate to sign. The language could be used to jus- should be watching the BBC. Read the . . . just to underline that. Sorry to inter- tify unreasonable limits on coverage. French papers, the German papers, any rupt you. Just to explain for our listeners. For example, among the information other paper besides the United States. Uplinks is where you have your own satellite deemed ‘‘not reasonable’’ in the agreement is The reporters in the White House are telephone method of distributing informa- that which pertains to ‘‘on-going engage- lap dogs to the White House. They tion.’’ ments.’’ According to the guidelines, such in- Kate Adie: ‘‘The telephones and the tele- stood up there in a press conference the formation will not be released unless author- vision signals.’’ ized by an on-scene commander. What con- other day and watched the President of Tom McGurk: ‘‘And they would be fired stitutes an ongoing engagement is not clear the United States with a script on the on?’’ from this document, and unit commanders podium saying, I will call on Joe. Joe. Kate Adie: ‘‘Yes. They would be ‘targeted could interpret it in an extremely broad I will call on Sally. Sally. down,’ said the officer.’’ manner as a basis to restrict reporting. He knew what the questions were Tom McGurk: ‘‘Extraordinary!’’ We, of course, recognize the need to pro- that they were going to ask and he Kate Adie: ‘‘Shameless!’’ tect certain kinds of information to ensure took exactly what he wanted. He would ‘‘He said . . . ‘Well . . . they know this . . . the safety of U.S. forces. However, we are not take any question that was off his they’ve been warned.’ ’’ concerned that under the embedding guide- ‘‘This is threatening freedom of informa- lines, unit commanders have the authority list. That is what the American people tion, before you even get to a war.’’ to request that embedded reporters refrain are supposed to make a decision about. ‘‘The second thing is there was a massive from reporting on a number of broadly de- You cannot have a democracy when the news blackout imposed.’’ fined categories of information. Despite ex- people are ignorant. They have to have ‘‘In the last Gulf war, where I was one of plicit guarantees that journalists’ material information, and this administration is the pool correspondents with the British will not be censored, the guidelines state determined not to tell people what is Army. We effectively had very, very light that when a unit commander believes a re- going on. America better wake up touch when it came to any kind of censor- porter may be in a position to reveal sen- quickly. ship.’’ sitive information, he or she may ask a re- ‘‘We were told that anything which was porter to submit copy for security review. [From GuluFuture.com, Mar. 10, 2003] going to endanger troops lives which we un- The commander may then ask the reporter PENTAGON THREATENS TO KILL INDEPENDENT derstood we shouldn’t broadcast. But other to remove information that is classified or REPORTERS IN IRAQ (BY FINTAN DUNNE) than that, we were relatively free.’’ sensitive. Access to such information would The Pentagon has threatened to fire on the ‘‘Unlike our American colleagues, who im- be contingent on agreeing to this review. satellite uplink positions of independent mediately left their pool, after about 48 Moreover, despite general assurances from journalists in Iraq, according to veteran BBC hours, having just had enough of it.’’ Pentagon officials that they will limit re- war correspondent, Kate Adie. In an inter- ‘‘And this time the Americans are: a) Ask- porting only in cases where operational secu- view with Irish radio, Ms. Adie said that ing journalists who go with them, whether rity would be jeopardized, reporters have ex- questioned about the consequences of such they are . . . have feelings against the war. pressed fears that officials will restrict cov- potentially fatal actions, a senior Pentagon And therefore if you have views that are erage by limiting movements or delaying officer had said: ‘‘Who cares. . . . They’ve skeptical, then you are not to be accept- journalists’ ability to file stories. The cur- been warned.’’ able.’’ rent guidelines grant broad discretion to

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.114 H13PT1 H1882 CONGRESSIONAL RECORD — HOUSE March 13, 2003 unit commanders to limit the dissemination CHILD ABDUCTION PREVENTION PUBLICATION OF THE RULES OF of information likely to be contained in news ACT THE COMMITTEE ON HOUSE AD- reports. MINISTRATION, 108TH CONGRESS The SPEAKER pro tempore. Under a Perhaps more important than the embed previous order of the House, the gen- The SPEAKER pro tempore. Under a plan itself is the extent to which journalists previous order of the House, the gen- not embedded with U.S. troops will be al- tleman from Indiana (Mr. PENCE) is lowed to move and gather news freely. To recognized for 5 minutes. tleman from Ohio (Mr. NEY) is recog- date, U.S. officials have offered no con- Mr. PENCE. Madam Speaker, surely nized for 5 minutes. vincing guarantees that ‘‘unilateral’’ report- he came to save that which was lost. Mr. NEY. Mr. Speaker, pursuant to clause ing, or reports by nonembedded journalists, 2(a)(2) of Rule XI, I hereby submit for the As the father of two beautiful daugh- will be allowed to proceed without inter- RECORD the Committee on House Administra- ters, I was elated last night to see a lit- ference. Pentagon officials have stated that tion’s Rules for the 108th Congress. The Com- tle girl by the name of Elizabeth Smart they anticipate the presence of unilateral re- mittee Rules were adopted by the Committee lost 9 months ago to her family and her porters in a potential military theater, and on House Administration on February 5, 2003. military units that encounter journalists community restored to hearth and RULES OF THE COMMITTEE ON HOUSE will treat them ‘‘like any other civilian per- home. It was an awesome sight and a ADMINISTRATION son found on the battlefield.’’ Officials, how- reunion that is difficult to imagine in RULE NO. 1: GENERAL PROVISIONS ever, have never provided details or assur- its joy this side of eternity. ances about the kind of access unilateral re- (a) The Rules of the House are the rules of porters would experience on or around the As a member of the Committee on the Committee so far as applicable, except battlefield but instead have warned journal- the Judiciary and as the author of leg- that a motion to recess from day to day is a ists about the dangers associated with not islation protecting children from Inter- privileged motion in the Committee. embedding. net pornographers, Madam Speaker, I (b) The Committee is authorized at any time to conduct such investigations and Lastly, CPJ is concerned for the safety of am delighted to report this week studies as it may consider necessary or ap- the significant number of journalists who against the backdrop of that awesome propriate in the exercise of its responsibil- will likely be working in Baghdad should news Congress was caught doing some- ities under House Rule X and, subject to the conflict erupt. While we are worried about thing. It is truly astonishing. adoption of expense resolutions as required possible threats from Iraqi authorities, who In the midst of the disappearance of by House Rule X, clause 6, to incur expenses detailed and imprisoned several inter- Elizabeth Smart and far too many oth- (including travel expenses) in connection national correspondents during the 1991 Gulf ers, last year Congress passed the Child therewith. War, we also fear that foreign reporters (c) The Committee is authorized to have working in Baghdad could be endangered by Abduction Prevention Act, taking strong action to prevent child printed and bound testimony and other data U.S. air strikes. We note with concern that presented at hearings held by the Com- U.S. and NATO forces have targeted local kidnappings in the future. It included a mittee, and to distribute such information broadcast facilities in previous conflicts, in- national Amber alert. But sadly, the by electronic means. All costs of steno- cluding the 1999 strike on the offices of the Senate failed to act on that important graphic services and transcripts in connec- Yugoslav state broadcaster RTS television. legislation. Undeterred, the chairman tion with any meeting or hearing of the Furthermore, your office has failed to as- of the Committee on the Judiciary, the Committee shall be paid from the appro- suage the concerns highlighted in our Janu- gentleman from Wisconsin (Mr. SEN- priate House account. ary 31, 2002, letter requesting clarification on (d) The Committee shall submit to the SENBRENNER), was already moving this the November 2001 U.S. military strike that House, not later than January 2 of each odd- destroyed the offices of the Arabic language bill last week when public vigilance re- numbered year, a report on the activities of broadcaster Al-Jazeera in Kabul, Afghani- stored Elizabeth Smart to her family. the Committee under House Rules X and XI stan. We remind you that statements made Different from action in the other during the Congress ending at noon on Janu- by Pentagon officials to U.S. media rep- body earlier today, that creates a na- ary 3 of such year. resentatives on February 28, 2003, warning of tional coordinator that already exists (e) The Committee’s rules shall be pub- the potential dangers to unilateral reporters within the Justice Department and a lished in the CONGRESSIONAL RECORD not operating in Iraq do not absolve U.S. forces voluntary national Amber alert. The later than 30 days after the Committee is of their responsibility to avoid endangering elected in each odd-numbered year. Child Abduction Prevention Act that media operating in known locations. RULE NO. 2: REGULAR AND SPECIAL MEETINGS was already marked up last week and Today, hundreds of journalists are pre- scheduled for consideration in the (a) The regular meeting date of the Com- paring to cover what could be a potentially mittee on House Administration shall be the hazardous assignment in Iraq and the Per- Committee on the Judiciary this com- second Wednesday of every month when the sian Gulf should the U.S. decide to attack ing week creates a national Amber House is in session in accordance with Clause Iraq. Despite these inherent dangers, jour- alert communication network. It gives 2(b) of House Rule XI. Additional meetings nalists have an obligation to report the the judicial branch the ability to im- may be called by the Chairman of the Com- news, especially in times of war, when public pose life sentences for child sex offend- mittee (hereinafter in these rules referred to information is crucial. Any U.S. military ac- ers, creates a mandatory life sentence as the ‘‘Chairman’’) as he may deem nec- tion must take into account the safety of for two strike offenders. It eliminates essary or at the request of a majority of the working journalists and their ability to work the statute of limitation for child ab- members of the Committee in accordance freely. As an independent organization of with Clause 2(c) of House Rule XI. The deter- journalists dedicated to defending press free- duction and it doubles Federal funds to mination of the business to be considered at dom worldwide, we urge you to take the fol- the National Center for Missing and each meeting shall be made by the Chairman lowing actions to make certain that journal- Exploited Children. subject to Clause 2(c) of House Rule XI. A ists covering a possible war with Iraq can do There is real substance in the Child regularly scheduled meeting may be dis- so freely and safely: Ensure that journalists Abduction Prevention Act. This is a pensed with if, in the judgment of the Chair- operating within the embed system be al- time against the backdrop of this ex- man, there is no need for the meeting. (b) If the Chairman is not present at any lowed the maximum possible freedom to re- traordinarily joyous news that we in port; provide public assurance to journalists meeting of the Committee, or at the discre- who will be reporting outside the embed sys- Washington need legislation, not sym- tion of the Chairman, the Vice Chairman of tem that the U.S. military will not interfere bolism and photo ops. To the family of the Committee shall preside at the meeting. in their work and will impose only those re- Elizabeth Smart and her brave and If the Chairman and Vice Chairman of the strictions absolutely necessary to ensure the courageous parents, may the Lord bless Committee are not present at any meeting of safety of U.S. military personnel and oper- your reunion. But to my colleagues, let the Committee, the ranking member of the ations; refrain from targeting broadcast and us seize this historic occasion of joy to majority party who is present shall preside other media operating in Baghdad; and en- pass meaningful legislation. Let us at the meeting. sure that maximum precaution is taken to move the Child Abduction Prevention RULE NO. 3: OPEN MEETINGS avoid harm to journalists operating in Act among my colleagues on the Com- As required by Clause 2(g), of House Rule known locations in potential military thea- XI, each meeting for the transaction of busi- ters. mittee on the Judiciary, and as swiftly as is possible, let us move it to the ness, including the markup of legislation, of Thank you for your attention to these im- the Committee, shall be open to the public portant matters. We await your response. floor of the House of Representatives except when the Committee, in open session Sincerely, and to the President’s desk. Our chil- and with a quorum present, determines by JOEL SIMON, dren, including Elizabeth Smart, de- record vote that all or part of the remainder Acting Director. serve no less. of the meeting on that day shall be closed to

VerDate Dec 13 2002 04:33 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MR7.083 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1883 the public because disclosure of matters to the Chairman, may administer others to any questioning of a witness in Committee hear- be considered would endanger national secu- witness. ings shall be initiated by the Chairman, fol- rity, would compromise sensitive law en- (b)(1) A subpoena may be authorized and lowed by the ranking minority party mem- forcement information, or would tend to de- issued by the Committee in the conduct of ber and all other members alternating be- fame, degrade or incriminate any person, or any investigation or series of investigations tween the majority and minority. In recog- otherwise would violate any law or rule of or activities, only when authorized by a ma- nizing members to question witnesses in this the House: Provided, however, that no person jority of the members voting, a majority fashion, the Chairman shall take into consid- other than members of the Committee, and being present. The power to authorize and eration the ratio of the majority to minority such congressional staff and such depart- issue subpoenas under subparagraph (a)(2) members present and shall establish the mental representatives as they may author- may be delegated to the Chairman pursuant order of recognition for questioning in such ize, shall be present in any business or mark- to such rules and under such limitations as a manner as not to disadvantage the mem- up session which has been closed to the pub- the Committee may prescribe. Authorized bers of the majority. The Chairman may ac- lic. subpoenas shall be signed by the Chairman complish this by recognizing two majority RULE NO. 4: RECORDS AND ROLLCALLS or by any member designated by the Com- members for each minority member recog- mittee, and may be served by any person des- nized. (a) The result of each record vote in any ignated by the Chairman or such member. (e) The following additional rules shall meeting of the Committee shall be trans- (2) Compliance with any subpoena issued apply to hearings: mitted for publication in the Congressional by the Committee may be enforced only as (1) The Chairman at a hearing shall an- Record as soon as possible, but in no case authorized or directed by the House. nounce in an opening statement the subject later than two legislative days following RULE NO. 7: QUORUMS of the investigation. such record vote, and shall be made available (2) A copy of the Committee rules and this for inspection by the public at reasonable No measure or recommendation shall be clause shall be made available to each wit- times at the Committee offices, including a reported to the House unless a majority of ness. description of the amendment, motion, order the Committee is actually present. For the (3) Witnesses at hearings may be accom- or other proposition; the name of each mem- purposes of taking any action other than re- panied by their own counsel for the purpose ber voting for and against; and the members porting any measure, issuance of a subpoena, of advising them concerning their constitu- present but not voting. closing meetings, promulgating Committee tional rights. (b)(1) Subject to subparagraph (2), the orders, or changing the rules of the Com- (4) The Chairman may punish breaches of Chairman may postpone further proceedings mittee, one-third of the members of the order and decorum, and of professional ethics when a record vote is ordered on the ques- Committee shall constitute a quorum. For on the part of counsel, by censure and exclu- tion of approving any measure or matter or purposes of taking testimony and receiving sion from the hearings; and the Committee adopting an amendment. The Chairman may evidence, two members shall constitute a may cite the offender to the House for con- resume proceedings on a postponed request quorum. tempt. at any time. RULE NO. 8: AMENDMENTS (5) If the Committee determines that evi- (2) In exercising postponement authority Any amendment offered to any pending dence or testimony at a hearing may tend to under subparagraph (1), the Chairman shall legislation before the Committee must be defame, degrade, or incriminate any person, take all reasonable steps necessary to notify made available in written form when re- it shall— members on the resumption of proceedings quested by any member of the Committee. If (A) afford such person an opportunity vol- on any postponed record vote. such amendment is not available in written untarily to appear as a witness; (3) When proceedings resume on a post- (B) receive such evidence or testimony in form when requested, the Chair will allow an poned question, notwithstanding any inter- executive session; and appropriate period of time for the provision vening order for the previous question, an (C) receive and dispose of requests from thereof. underlying proposition shall remain subject such person to subpoena additional wit- to further debate or amendment to the same RULE NO. 9: HEARING PROCEDURES nesses. extent as when the question was postponed. (a) The Chairman, in the case of hearings (6) Except as provided in subparagraph (c) All Committee hearings, records, data, to be conducted by the Committee, shall (e)(5), the Chairman shall receive and the charts, and files shall be kept separate and make public announcement of the date, Committee shall dispose of requests to sub- distinct from the congressional office place, and subject matter of any hearing to poena additional witnesses. records of the member serving as Chairman; be conducted on any measure or matter at (7) No evidence or testimony taken in exec- and such records shall be the property of the least one (1) week before the commencement utive session may be released or used in pub- House and all members of the House shall of that hearing. If the Chairman, with the lic sessions without the consent of the Com- have access thereto. concurrence of the ranking minority mem- mittee. (d) House records of the Committee which ber, determines that there is good cause to (8) In the discretion of the Committee, wit- are at the National Archives shall be made begin the hearing sooner, or if the Com- nesses may submit brief and pertinent sworn available pursuant to House Rule VII. The mittee so determines by majority vote, a statements in writing for inclusion in the Chairman shall notify the ranking minority quorum being present for the transaction of record. The Committee is the sole judge of party member of any decision to withhold a business, the Chairman shall make the an- the pertinency of testimony and evidence ad- record pursuant to the rule, and shall nouncement at the earliest possible date. duced at its hearing. present the matter to the Committee upon The clerk of the Committee shall promptly (9) A witness may obtain a transcript copy written request of any Committee member. notify the Daily Digest Clerk of the Congres- of his testimony given at a public session or, (e) To the maximum extent feasible, the sional Record as soon as possible after such if given at an executive session, when au- Committee shall make its publications avail- public announcement is made. thorized by the Committee. able in electronic form. (b) Unless excused by the Chairman, each RULE NO. 10: PROCEDURES FOR REPORTING (f) All Committee resolutions and Com- witness who is to appear before the Com- MEASURES OR MATTERS mittee motions (other than procedural mo- mittee shall file with the clerk of the Com- (a)(1) It shall be the duty of the Chairman tions) adopted by the Committee during a mittee, at least 48 hours in advance of his or to report or cause to be reported promptly to Congress shall be numbered consecutively. her appearance, a written statement of his or the House any measure approved by the RULE NO. 5: PROXIES her proposed testimony and shall limit his or Committee and to take or cause to be taken her oral presentation to a summary of his or No vote by any member in the Committee necessary steps to bring the matter to a her statement. may be cast by proxy. vote. (c) When any hearing is conducted by the (2) In any event, the report of the Com- RULE NO. 6: POWER TO SIT AND ACT; SUBPOENA Committee upon any measure or matter, the mittee on a measure which has been ap- POWER minority party members on the Committee proved by the Committee shall be filed with- (a) For the purpose of carrying out any of shall be entitled, upon request to the Chair- in 7 calendar days (exclusive of days on its functions and duties under House Rules X man by a majority of those minority mem- which the House is not in session) after the and XI, the Committee, is authorized (sub- bers before the completion of such hearing, day on which there has been filed with the ject to subparagraph (b)(1) of this para- to call witnesses selected by the minority to clerk of the Committee a written request, graph)— testify with respect to that measure or mat- signed by a majority of the members of the (1) to sit and act at such times and places ter during at least one day of hearings there- Committee, for the reporting of that meas- within the United States, whether the House on. ure. Upon the filing of any such request, the is in session, has recessed, or has adjourned, (d) Committee members may question a clerk of the Committee shall transmit imme- and to hold such hearings; and witnesses only when they have been recog- diately to the Chairman notice of the filing (2) to require, by subpoena or otherwise, nized by the Chairman for that purpose, and of that request. the attendance and testimony of such wit- only for a 5-minute period until all members (b)(1) No measure or recommendation shall nesses and the production of such books, present have had an opportunity to question be reported to the House unless a majority of records, correspondence, memorandums, pa- a witness. The 5-minute period for ques- the Committee is actually present. pers, and documents; as it deems necessary. tioning a witness by any one member can be (2) With respect to each record vote on a The Chairman, or any member designated by extended as provided by House Rules. The motion to report any measure or matter of a

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public character, and on any amendment of- sure that appropriation for continuing pro- RULE NO. 15: TRAVEL OF MEMBERS AND STAFF fered to the measure or matter, the total grams and activities of the Federal Govern- (a) Consistent with the primary expense number of votes cast for and against, and the ment and the District of Columbia govern- resolution and such additional expense reso- names of those members voting for and ment will be made annually to the maximum lutions as may have been approved, the pro- against, shall be included in the Committee extent feasible and consistent with the na- visions of this rule shall govern travel of report on the measure or matter. ture, requirement, and objectives of the pro- Committee members and staff. Travel for (c) The report of the Committee on a meas- grams and activities involved. For the pur- any member or any staff member shall be ure or matter which has been approved by poses of this paragraph a Government agen- paid only upon the prior authorization of the the Committee shall include the matters re- cy includes the organizational units of gov- Chairman. Travel may be authorized by the quired by Clause 3(c) of Rule XIII of the ernment listed in Clause 4(e) of Rule X of Chairman for any member and any staff Rules of the House. House Rules. member in connection with the attendance (d) Each report of the Committee on each (b) The Committee shall review, from time of hearings conducted by the Committee and bill or joint resolution of a public character to time, each continuing program within its meetings, conferences, and investigations reported by the Committee shall include a jurisdictions for which appropriations are which involve activities or subject matter statement citing the specific powers granted not made annually in order to ascertain under the general jurisdiction of the Com- to the Congress in the Constitution to enact whether such program could be modified so mittee. Before such authorization is given the law proposed by the bill or joint resolu- that appropriations therefore would be made there shall be submitted to the Chairman in tion. annually. writing the following: (e) If, at the time of approval of any meas- (c) The Committee shall, on or before Feb- (1) The purpose of the travel; ure or matter by the Committee, any mem- ruary 25 of each year, submit to the Com- (2) The dates during which the travel will ber of the Committee gives notice of inten- mittee on the Budget (1) its views and esti- occur; tion to file supplemental, minority, or addi- mates with respect to all matters to be set (3) The locations to be visited and the tional views, that members shall be entitled forth in the concurrent resolution on the length of time to be spent in each; to not less than two additional calendar days budget for the ensuing fiscal year which are (4) The names of members and staff seek- after the day of such notice, commencing on within its jurisdiction or functions, and (2) ing authorization. the day on which the measure or matter(s) an estimate of the total amounts of new (b)(1) In the case of travel outside the was approved, excluding Saturdays, Sundays, budget authority, and budget outlays result- United States of members and staff of the and legal holidays, in which to file such ing therefrom, to be provided or authorized Committee for the purpose of conducting views, in writing and signed by that member, in all bills and resolutions within its juris- hearings, investigations, studies, or attend- with the clerk of the Committee. All such diction which it intends to be effective dur- ing meetings and conferences involving ac- views so filed by one or more members of the ing that fiscal year. tivities or subject matter under the legisla- Committee shall be included within, and (d) As soon as practicable after a concur- tive assignment of the committee, prior au- shall be a part of, the report filed by the rent resolution on the budget for any fiscal thorization must be obtained from the Chair- Committee with respect to that measure or year is agreed to, the Committee (after con- man. Before such authorization is given, matter. The report of the Committee upon sulting with the appropriate committee or there shall be submitted to the Chairman, in that measure or matter shall be printed in a committees of the Senate) shall subdivide writing, a request for such authorization. single volume which— any allocation made to it, the joint explana- Each request, which shall be filed in a man- (1) shall include all supplemental, minor- tory statement accompany the conference ner that allows for a reasonable period of ity, or additional views which have been sub- report on such resolution, and promptly re- time for review before such travel is sched- mitted by the time of the filing of the report, port such subdivisions to the House, in the uled to begin, shall include the following: and manner provided by section 302 of the Con- (A) the purpose of the travel; (2) shall bear upon its cover a recital that gressional Budget Act of 1974. (B) the dates during which the travel will any such supplemental, minority, or addi- (e) Whenever the Committee is directed in occur; tional views (and any material submitted a concurrent resolution on the budget to de- (C) the names of the countries to be visited under subparagraph (c) are included as part termine and recommend changes in laws, and the length of time to be spent in each; of the report. This subparagraph does not bills, or resolutions under the reconciliation (D) an agenda of anticipated activities for preclude— process it shall promptly make such deter- each country for which travel is authorized (A) the immediate filing or printing of the mination and recommendations, and report a together with a description of the purpose to Committee report unless timely request for reconciliation bill or resolution (or both) to be served and the areas of committee juris- the opportunity to file supplemental, minor- the House or submit such recommendations diction involved; and ity, or additional views has been made as to the Committee on the Budget, in accord- (E) the names of members and staff for provided by paragraph (c); or ance with the Congressional Budget Act of whom authorization is sought. (B) the filing of any supplemental report 1974. (2) At the conclusion of any hearing, inves- upon any measure or matter which may be tigation, study, meeting or conference for RULE NO. 13: BROADCASTING OF COMMITTEE required for the correction of any technical which travel outside the United States has HEARINGS AND MEETINGS error in a previous report made by the Com- been authorized pursuant to this rule, mem- mittee upon that measure or matter. Whenever any hearing or meeting con- bers and staff attending meetings or con- (3) shall, when appropriate, contain the ducted by the Committee is open to the pub- ferences shall submit a written report to the documents required by Clause 3(e) of Rule lic, those proceedings shall be open to cov- Chairman covering the activities and other XIII of the Rules of the House. erage by television, radio, and still photog- pertinent observations or information gained (f) If hearings have been held on any such raphy, as provided in Clause 4 of House Rule as a result of such travel. measure or matter so reported, the Com- XI, subject to the limitations therein. Oper- (c) Members and staff of the Committee mittee shall make every reasonable effort to ation and use of any Committee Internet performing authorized travel on official busi- have such hearings published and available broadcast system shall be fair and non- ness shall be governed by applicable laws, to the members of the House prior to the partisan and in accordance with Clause 4(b) resolutions, or regulations of the House and consideration of such measure or matter in of rule XI and all other applicable rules of of the Committee on House Administration the House. the Committee and the House. pertaining to such travel. (g) The Chairman may designate any mem- RULE NO. 14: COMMITTEE STAFF ber of the Committee to act as ‘‘floor man- RULE NO. 16: POWERS AND DUTIES OF SUBUNITS ager’’ of a bill or resolution during its con- The staff of the Committee on House Ad- OF THE COMMITTEE sideration in the House. ministration shall be appointed as follows: The Chairman is authorized to establish A. The Committee staff shall be appointed, appropriately named subunits, such as task RULE NO. 11: COMMITTEE OVERSIGHT except as provided in paragraph (B), and may forces, composed of members of the Com- The Committee shall conduct oversight of be removed by the Chairman and shall work mittee, for any purpose, measure or matter; matters within the jurisdiction of the Com- under the general supervision and direction one member of each subunit shall be des- mittee in accordance with House Rule X, of the Chairman; ignated chairman of the subunit by the clause 2 and clause 4. Not later than Feb- B. All staff provided to the minority party Chairman. All such subunits shall be consid- ruary 15 of the first session of a Congress, members of the Committee shall be ap- ered ad hoc subcommittees of the Com- the Committee shall, in a meeting that is pointed, and may be removed, by the ranking mittee. The rules of the Committee shall be open to the public and with a quorum minority member of the Committee, and the rules of any subunit of the Committee, present, adopt its oversight plans for that shall work under the general supervision and so far as applicable, or as otherwise directed Congress in accordance with House Rule X, direction of such member; by the Chairman. Each subunit of the Com- clause 2(d). C. The Chairman shall fix the compensa- mittee is authorized to meet, hold hearings, RULE NO. 12: REVIEW OF CONTINUING PROGRAMS: tion of all staff of the Committee, after con- receive evidence, and to require, by subpoena BUDGET ACT PROVISIONS sultation with the ranking minority member or otherwise, the attendance and testimony (a) The Committee shall, in its consider- regarding any minority party staff, within of such witnesses and the production of such ation of all bills and joint resolutions of a the budget approved for such purposes for books, records, correspondence, memoran- public character within its jurisdiction, en- the Committee. dums, papers, and documents, as it deems

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MR7.089 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1885 necessary, and to report to the full Com- FINANCIAL CHALLENGES FACING taxes and increased spending and in- mittee on all measures or matters for which THE NATION creased borrowing, and this is the next it was created. Chairmen of subunits of the issue I wanted to talk about is bor- Committee shall set meeting dates with the The SPEAKER pro tempore. Under the Speaker’s announced policy of Jan- rowing. approval of the Chairman of the full Com- Three years ago, in the year 2000, we mittee, with a view toward avoiding simulta- uary 7, 2003, the gentleman from Michi- neous scheduling of Committee and subunit gan (Mr. SMITH) is recognized for 60 had a budget surplus of $236 billion. meetings or hearings wherever possible. It minutes as the designee of the major- This year we are approaching a $500 bil- shall be the practice of the Committee that ity leader. lion deficit. So over $700 billion meetings of subunits not be scheduled to Mr. SMITH of Michigan. Madam changed from surplus to deficit in a occur simultaneously with meetings of the Speaker, with this early session today total Federal spending budget that we full Committee. In order to ensure orderly it seemed like an appropriate time to are looking at this year of $2.1 to $2.2 and fair assignment of hearing and meeting talk about what I think are maybe trillion. Huge points, and again, that is rooms, hearings and meetings should be ar- because of the overzealousness to ranged in advance with the Chairman three of the greatest problems that we through the clerk of the Committee. are facing in the United States Con- spend. gress in America outside of our eco- Let us look at what has happened as RULE NO. 17: OTHER PROCEDURES AND a result of that spending, and I think it REGULATIONS nomic security and our physical secu- rity with the wars going on in Iraq, is good to remind ourselves of the defi- The Chairman may establish such other nitions. When we say ‘‘deficit’’ that procedures and take such actions as may be with the challenge from the terrorists around the world. However, the finan- means a year in which we are spending necessary to carry out the foregoing rules or more money than the Federal Govern- to facilitate the effective operation of the cial problems that we are facing in committee. Congress are also very serious, and I ment has in revenues coming into the think we must reverse the rapid de- Federal Government, and ‘‘debt’’ is the RULE NO. 18: DESIGNATION OF CLERK OF THE accumulation of that annual over- COMMITTEE scent that we have been taking into extra deficits and overspending. So spending. So what does government do? For the purposes of these rules and the We borrow more money. Rules of the House of Representatives, the today I will talk about three areas: One, spending; two, the resulting debt; As a safeguard to try to hold the line staff director of the Committee shall act as on borrowing, what we did many, many the clerk of the Committee. and, three, some of the financial chal- lenges that face this Nation in the fu- years ago is said, look, we cannot bor- row, in fact, the Constitution pre- f ture. The first chart I have is the a chart scribes it, we cannot borrow any extra representing the last 10 years of spend- indebtedness for this country unless it HONORING ERNIE BARKA ing; and discretionary spending has in- is a law passed by the Senate, the (Mr. BRADLEY of New Hampshire creased an average of 6.3 percent, 6.3 House and signed by the President, to asked and was given permission to ad- percent each year since 1996, and 7.7 try to put some restraints on the temp- dress the House for 1 minute and to re- percent each year since 1999. So it is tation to simply borrow more and more vise and extend his remarks.) somewhat flat. It starts going up in money and spend more and more of Mr. BRADLEY of New Hampshire. 1996 and then it really takes off from that money, and of course, this chart is Madam Speaker, I rise today to pay 1998, 1999 averaging 7.7 percent a year. an explanation, as best as we could por- tribute to a dedicated New Hampshire That is two, three, depending on the tray it, in a blue line, a green line and resident who has devoted over 30 years year, sometimes almost four times the a purple line, if you will, on the gross of his life to public service, Mr. Ernie rate of inflation. So you can imagine if Federal debt and its components. Barka. you project that on in this kind of As we look at the bottom purple line, this is the debt held by government ac- Ernie passed away Monday, March 10, growths of costs, government is going counts. It is the money that we ask at the age of 80. He was a true civic to be eating up more of our income, workers in this country to pay into the leader in his community, devoting his more of our gross domestic product in FICA tax, into the Social Security tax, life to others and improving the qual- the years ahead. designed in 1934, to be a forced saving ity of life for residents, not only in his b 1645 so that while we are working, some of hometown but all over southern New Why is this? How can we control our- that money is taken out. FDR, Frank- Hampshire. He worked tirelessly to selves from the overzealousness and lin Delano Roosevelt, said instead of help those less fortunate and was a the attractiveness to spend more having to go over the hill to the poor champion for the elderly and for chil- money? Of course, politicians in this house, we are going to have mandatory dren. Chamber get elected every 2 years. The savings during those years when a per- The son of Lebanese immigrants, politicians in the other Chamber get son is working, and then when they re- Ernie learned strong family values and elected every 6 years, and the tendency tire they will have more security, more the importance of respect for others has been when a Member of Congress Social Security. They will not have to while working in his parents’ grocery takes home more pork barrel projects, go over the hill to the poor house. store. The strong work ethic instilled when they are doing something to So we came up with a Social Security by his parents during his childhood solve some of the problems that we system, and when we started, it was a carried over to all aspects of his adult face in this country, then they get on situation where current workers paid life, particularly in his community and television. They get on the front page in their taxes to pay for the benefit of civic involvement. of the paper. They become popular, es- current retirees. That is the same Ernie served most recently as Rock- pecially with those people that need today. ingham County Commissioner and was those services, and there is a greater Also, the extra money that is paid in a former State representative and propensity that they are going to get by all Federal workers for their retire- former school board member in the reelected. ment programs, the money for the pen- town of Derry. So the tendency has been to spend sions of the military, our armed service Ernie is credited with launching the more and more money, and we have members who pay in part of their Meals on Wheels program in Rocking- changed our income tax system so that wages for their retirement, that is all ham County. Leaders like Ernie exem- most of the people in the United States accounts held by the government, and plify the true spirit of civic responsi- do not pay much of any income tax. It what we assume in this Chamber, in bility and he will be truly missed. His is the top 14 percent of taxpayers that the Senate and the White House, is efforts to make New Hampshire a bet- pay something like 90 percent of the that it is okay simply to write out an ter place to live have made a lasting total income tax, and the bottom 50 IOU and spend that money for other impact on the people of New Hampshire percent of income taxpayers only pay government services, but it technically that both knew him and knew of him. about 1 percent of the income tax. So it is part of the debt, and as we see over I am happy to have called Ernie my is easy to understand that that bottom the years, this debt held by govern- friend. 50 percent is not outraged by increased ment services continues to go up, at

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MR7.091 H13PT1 H1886 CONGRESSIONAL RECORD — HOUSE March 13, 2003 least past into the future, as far as we higher interest rates and that is what Our debt today amounts to about can see almost. is going to happen. $24,000 per individual in this country. The green line in the middle is the When the economy recovers, interest The total debt is $6.4 trillion. debt held by the public, the Treasury rates are going to go up. Interest rates Let me tell my colleagues another auctions that we have, the so-called right now are a little over 3 percent. So safeguard that our task force on hold- Wall Street debt, the debt that is held government can borrow money at ing the line on debt did. We said that by retirement funds, insurance compa- about 3 percent, and yet even with that there was a rule in this House, it was nies, banks, anybody that wants to buy low interest rate, the servicing that called the Gephardt rule, and the Gep- those Treasury bills. That is the debt debt, the interest that government hardt rule stated in the rules of this that is held by the public. pays on that borrowing represents 11.4 Chamber that every time we passed a We saw a period in 2001 and 2002 and percent of our total Federal spending budget, if that budget spent more 1999 where we were having a little sur- budget. money than what was coming in in rev- plus in terms of paying down some of What would happen if we hit interest enues, then automatically, without an- that debt held by the public, and so, to rates that were in existence in the late other vote, the debt limit of this coun- me, I think it was a little bit mis- seventies and early eighties when we try would be raised in legislation that leading, maybe a little bit of hood- saw interest rates go as high as 17 per- would automatically be passed and winking in terms of telling people we cent, sometimes higher than 17 per- sent on to the Senate. Why was that? were paying down the Federal debt at a cent? Then that 11.4 percent becomes That was so this Chamber was not em- time when actually the total debt of five times greater, and 60 percent of barrassed by having to take a vote and our budget would be used paying inter- the country continued to go up. The a debate on should we increase the debt est, and that is just the situation with total debt never went down during our for our kids and our grandkids. brag sessions of having a lock box, that the current debt today. I am a farmer from Michigan, and it What if we project ourselves to the we are going to take and pay down the has been our goal to pay off the mort- debt that is going to happen if we are public debt of this country. gage, to give our kids a little better Yet what was happening is we were not able to have the intestinal for- titude, if you will the guts, to stand up chance, but that is not what we are to pay down that debt, we were taking doing in this Chamber. That is not extra money coming in from Social Se- and say no, we are going to slow down spending, we are going to prioritize what we are doing across the hall at curity and the other trust funds and some of the Federal spending, govern- the Senate. It is not what we are doing using that money to pay down some of ment cannot be responsible to all of at the White House. We are saying our the public debt. So, therefore, as my the problems of the country and we go problems must be so great that it justi- colleagues can see and as we have tried back to the basics of our United States fies us making the wages and earnings to portray by this chart, the debt has Constitution? of our kids and our grandkids and our never really decreased. When Republicans took the majority great-grandkids to pay off that debt. Why is this bad policy? Why is it un- in this Chamber in 1994 and starting in That is sort of the spending part of the fair to our kids and our grandkids and 1995, Newt Gingrich, the then Speaker problem on debt. future generations to keep piling up of the House, asked me if I would be Another task force that I have been this debt? chairman of the Debt Limit Task chairing is a bipartisan task force If we will, sort of pretending that our Force, and so we got what I considered made up of Republicans that sit on this debt and our problems today are great- some of the really good thinkers in side of the aisle, Democrats that sit on er than maybe the needs of our kids terms of trying to come together to that side. So it was a task force on So- and our grandkids, probably not so. analyze how do we start having a bal- cial Security, and after we studied the They are going to have to somehow anced budget, how do we start living problem and challenge of Social Secu- come up with the extra tax effort to within our means, how do we start con- rity, we pretty much all agreed, Demo- pay off this debt but absolutely to pay vincing Members of Congress and the crats and Republicans, that something the cost of servicing this debt. country that government cannot solve has to be done because Social Security Right now we have got a downturn all the problems and that it is uncon- is going broke, and just let me review and a sluggish economy, and so, there- scionable just to keep spending more a couple of charts that I have on why fore, there are less revenues coming in. and more money, and of course, politi- Social Security is going to grow. The demand for extra money is not out cally it is not wise to increase taxes to The coming Social Security crisis, there in the private sector, and so the cover those expenditures, because peo- and it is coming very quickly, our pay- effect of extra government borrowing ple reach in and they feel their billfold as-you-go retirement system will not does not hurt the economy so much, and they feel the money going out of meet the challenge of demographic but when it is going to start to hurt is that billfold to pay the income tax but change. Pay-as-you-go is back to where when we have this economic recovery. not so with borrowing. So the tendency it was. It is the same as when it started When individuals say it is time, I want has been to increase more and more in 1934, existing workers pay in their to buy a new car, what is the interest borrowing. Social Security tax. That money im- rate; it is time I want to buy my house What if interest rates, and they will, mediately goes out to current or exist- and my home for my family, how much what if interest rates simply are forced ing retirees. is it going to cost me; and a business up by 2 percent because of the extra de- b 1700 that decides to employ more and ex- mand that government has for bor- pand and buy the equipment and the rowing? A person goes out and buys a So there is no savings account. Noth- facilities they need for expansion and $28,000 car and they amortize it over 5 ing is being saved up for your retire- business, and then they find out that years, pay it off in 5 years, it is going ment. It is simply a situation where who is at that marketplace, buying up to cost them $3,000 more to buy that whenever there were not enough work- available money, is the Federal Gov- vehicle because government has pushed ers and enough revenue coming in for ernment. up interest rates in the marketplace. the Social Security to cover promised The Department of Treasury has auc- What if they want a home, what if benefits, then what did government do? tions every week, and based on the they are going to go out and buy an And I am sure you can guess what gov- total indebtedness and how much extra $80,000 to $100,000 home, amortized, let ernment did. They either raised the we are spending over and above what is us say, over 25 years? Then they are tax, Social Security tax, and/or they being brought into the Federal Govern- going to end up paying $13- or $14,000 cut benefits. And most often, through- ment, it is a situation where govern- more for that home because govern- out the years since 1934, they have done ment says, well, look, whatever it costs ment is in the marketplace bidding for both, raised taxes and cut benefits. we are going to have our money. If we available funds and driving up the bid That is why when we looked at the have to bid up the interest rate to on what that interest rate is going to chart on how much debt held by the make sure that we get the money we be. So it is going to affect each one of government accounts kept going up, it need, we are going to do that, and of us individually eventually if we are not is because in 1983, on Social Security, course that results in the potential for able to hold the line on spending. the Greenspan Commission raised taxes

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.117 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1887 so high that ever since that law was will add up to, and listen to this, $120 And I need to mention that right now enacted, there has been more money trillion between 2015 and 2075. Our an- 75 percent of American workers pay coming in to Social Security than was nual budget is only $2.1 trillion; but more in the FICA tax, the payroll tax, needed to pay out Social Security ben- over those years, in excess of the tax than they do in the income tax. And it efits. And like I said, government said, money from Social Security coming in, would be, I think, extremely unfair to this is a good deal. We are going to we are going to need an additional $120 increase that tax again. Over the years, take this money, write an IOU, and we trillion. we have done it dozens of times. It are going to use the Social Security That is why it is so important that started out at 1.5 percent tax on your money to pay for other government we deal with this; that we step up to income, and that included the employ- programs. the plate; that we deal with this prob- er’s share; and now it is up to 12.4 per- That is why some of us said, look, we lem now instead of putting it off. Be- cent. need something. We need private ac- cause we have a surplus now coming in The Social Security trust funds con- counts. We need some way to get it out from Social Security. If we can use tain nothing but IOUs. So if we do of the hands of spenders in Congress that surplus, it is going to help. nothing, somehow government is going that would like to take that extra The bipartisan task force on Social to have to raise taxes someplace or in- money and instead of saving it, some- Security came to the conclusion that crease borrowing or cut down on other how investing it. Every year, Congress there has to be a better investment for government expenses to accommodate has simply spent that money. that extra Social Security revenue what we promised in Social Security. So what is in the Social Security coming in to the Federal Government. To keep paying promised Social Secu- trust fund? It is a nice name, but it is Private accounts are good, for a two- rity benefits, the payroll tax will have a misnomer because there is no real fold reason. One, you take it out of the to be increased by nearly 50 percent or trust fund. There is no money there. So hands and you get it off the table in benefits will have to be cut by 30 per- young people are at risk of trying to terms of having it available to be spent cent. Too much. It would be bad. It figure out ways on how they are going by Congress. So it is an assurance that would be terrible. With so many sen- to do maybe without Social Security, that money is in the name of the iors that depend on Social Security for or with much less Social Security; but American worker and they can depend over 90 percent of their total income in more importantly, during their work- on it. If they happen to die before age their old age, it would be inconceivable ing life, they are going to probably be 65, then it goes into their estate. to make those kinds of cuts. Now, some have argued, well, we can- asked to pay more towards current So I ask my colleagues, Madam not let the individual decide how to in- benefits of retirees. Speaker, to stand up to this great chal- Look at this chart a minute with me. vest that money. I say if it is a com- lenge. Even in the midst of the tremen- Demographics is the word. That is the promise, fine, let us do it the same as dous challenges that we have with the problem. When we started this pay-as- the government’s Thrift Savings Plan, terrorists, the challenge of what we do where there is a government manager you-go program, it worked very well. with Saddam Hussein in Iraq, we have with indexed funds and that you have The working population was growing in to stand up and make some hard deci- the choice of some of those safe index relation to the number of retirees. In sions to make sure that we save Social funds and you invest in that variety of fact, back when we started the pro- Security and we do not keep putting it funds as you might choose. But, still, it gram, there were 36 workers working, off until it becomes a crisis. And that is government saying these are the safe paying in their taxes, for every one re- crisis is rapidly approaching, because funds where you are going to be least tiree. By 1940, it got down to 24 workers sometime between the year 2015 and likely to lose any of that money. And working, paying in their taxes, for 2017 there is not going to be enough so somehow it is a good idea. money coming in from the Social Secu- every retiree. By the year 2000, three Because let me tell you, the Supreme workers. Three workers paying in their rity tax to pay benefits. Court, on two occasions now, has said So back to my three areas that I taxes for every retiree. So their taxes, that there is no entitlement to Social thought were very important. One is of course, had to go up. And what the Security money. I mean, if you work spending. We cannot continue to spend. actuaries at the Social Security Ad- all your life, you pay in all those So- And there will be a lot of criticism on ministration are predicting is that by cial Security taxes, the Supreme this budget that came out, because we 2025 there are only going to be two Court, on a couple of cases, has said, are cutting back on spending. For the workers for every one retiree in this look, Social Security tax, the FICA first time since I have been here, and I country. tax, is simply a tax and your entitle- came in in 1993, the budget resolution And why is that? That is the demo- ment to get benefits is simply legisla- that we are going to be looking at over graphics. The baby boomers. The in- tion that has been passed by Congress the next couple of weeks actually says crease in the birthrate has always been and signed by the President. in the discretionary part of spending, sufficient to keep an increased number In conclusion, let me say that the which represents less than half of the of workers in relation to retirees. But biggest risk is doing nothing at all; to total spending, but in some discre- now, after the baby boomers, those do nothing to set aside the Social Secu- tionary spending, in some entitlement born after World War II, and the big in- rity trust fund money and to not use it. spending we are going to have to cut crease in workers in this country, we And the lockbox that we heard about 3 back because we want to hold the total are seeing a reduced birthrate; and at years ago was a farce. It did not do spending of this Congress down. the same time we are seeing older peo- anything to save Social Security. It And you know what I think? I think ple living longer. So where the average was just sort of rhetoric that became even a lot of grandpas and grandmas, if age of death when we started this pro- politically popular. That money really they knew that it just meant extra gram was 62 years old, which meant needs to be invested in some fashion, in borrowing to accommodate some of most people never got to 65 and col- such a way to make sure that it is not their needs, even to the extent of pre- lected Social Security benefits, now available to the rest of government to scription drugs, they would say, look, the average age of death is 86 years old, spend as they might choose in other if it is going to be borrowing that my and it is going up. areas. grandkids have to pay back, hold off a Let me conclude by pointing out Social Security has a total unfunded little while. Try to hold the line on what we know about Social Security. liability of over $9 trillion. Now, the $9 spending, because that is going to re- Insolvency is certain. We know how trillion is what we need to come up sult in holding the line on the total many people there are, and we know with today if we are going to keep So- debt that we are passing on to our when they are going to retire. We know cial Security solvent. The $120 trillion grandkids. that people will live longer in retire- that I mentioned is future-years money Mr. BOYD. Madam Speaker, will the ment. We know how much they will with inflation, et cetera. So between gentleman yield? pay in and how much they will take the years 2015 and 2075 we are going to Mr. SMITH of Michigan. I yield to out, and we know the results. The fact need that extra $120 trillion over and the gentleman from Florida. is payroll taxes will not cover benefits above the Social Security tax that is Mr. BOYD. Madam Speaker, I thank starting in 2015 and that the shortfalls coming in from payroll. the gentleman for yielding. I have been

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.119 H13PT1 H1888 CONGRESSIONAL RECORD — HOUSE March 13, 2003 watching from my office, and I came to that we are not willing to pay for in Those priorities are pretty simple. the floor to tell him that I agree with our generation. Our primary responsibility is national everything he has said. And as a mat- So I just want to commend the gen- security. There is a new buzzword, ter of fact, I and some others have con- tleman for his coming to the floor on homeland security, that has been cre- trol of the second hour, but I know the his own, by himself, and saying what ated since 9/11, and we know that the gentleman has some time left so I he has said. I think there is a lot of op- world is changing and we have to react thought maybe before they get here he portunity here for us to work together, to that. That is the primary responsi- and I could talk. and I hope that we can to solve this bility of the Federal Government is na- Mr. SMITH of Michigan. Let us solve long-term fiscal problem. tional security. the Social Security problem. Let us Mr. SMITH of Michigan. Well, We have Social Security, which is a solve the spending problem. Madam Speaker, the rumor is the gen- very important program to the success Mr. BOYD. I hope we can do that. Be- tleman might be going to the Senate of this society over the last 40 or 50 cause the Social Security and the before we get this worked out. I do not years. I tell my constituents often that spending problems are the major prob- know if he wants to tell the 5 million in 1964 about the time of the creation lems that face our children and our listeners that we have tonight about of the Medicare program, if an Amer- grandchildren. We are hanging an alba- that. ican reached the age of 65 in this Na- tross around their necks. Mr. BOYD. Well, wherever we are, we tion, there was a 58 percent chance But I wanted to say to the gentleman need to work on it together. they would be below the poverty level. from Michigan how pleased I was to Mr. SMITH of Michigan. Exactly In other words, 58 percent of our citi- right. hear the points that he has made. I did zens that reached that age, retirement not realize he was a farmer from Michi- f age, did fall below the poverty level. gan. I happen to be a farmer from Flor- THE BLUE DOG BUDGET That figure today is a single digit fig- ida, as the gentleman may know; and I The SPEAKER pro tempore (Mrs. ure, less than 10 percent reach the age was very interested to hear the gen- of 65 and fall below the poverty level. BLACKBURN). Under the Speaker’s an- tleman talk about the fact that as a nounced policy of January 7, 2003, the There are many reasons for that sort of farmer he knows that at the end of the gentleman from Florida (Mr. BOYD) is success in having the retired genera- day his revenues have to match his ex- recognized for 60 minutes as the des- tion of this Nation live in comfort, but penditures or he does not stay in busi- ignee of the minority leader. the least of those reasons certainly is ness. I think all of the farmers around Mr. BOYD. Madam Speaker, I appre- not that we have a great Social Secu- the country know that, and all of our ciate the opportunity to speak, and I rity and Medicare program in place. We small business people and even all of appreciate the remarks of the gen- know those programs have long-term our constituents know that. tleman from Michigan who preceded funding problems, and we have to find At the end of the day they have to me. I think I see a great glimmer of solutions for them. have enough revenue to match their hope here, that those of us who are in I think many of us in the Blue Dogs expenditures. And if they do not do different parties can come to the floor felt we had that opportunity 2 years that, they are bankrupt. of the House of Representatives and es- ago when we had a surplus to fix those Mr. SMITH of Michigan. Reclaiming sentially preach the same message. programs long term so that our chil- my time for just a moment, before the That is what I want to do here today. dren and grandchildren would not be gentleman says it, I say if we cannot I want to follow up on what the gen- hung with the responsibility of fixing hold the line on spending, then we tleman from Michigan (Mr. SMITH) says those programs because it is going to should not have a tax cut. And I yield and tell the House that I believe that it be a much, much more difficult fix 15 to the gentleman. is unconscionable that we are entering or 20 years down the road. The fixes are Mr. BOYD. And I thank the gen- this time of war, this pending war, painful now, but not nearly as painful tleman for yielding. I could not agree when we are economically in the dol- as they will be in 15 or 20 years. with him more. I think that is why the drums. We have higher unemployment The Blue Dogs have always focused gentleman will see, when the Blue rates than we have had for years and on fiscal responsibility and tried to Dogs, who are going to be here in the years. Just 2 short years ago we had a convince this Congress that the best next hour to talk to the Nation, that surplus in our Federal budget, and in a thing we can do for this economy is to the gentleman will find that our plan is very short 2 years we have managed to set our priorities, spending priorities, to reduce spending too and to hold the deplete that surplus and create the big- and be willing to pay for those in our line and defer the tax cuts until we get gest deficit in the history of this Na- own generation. That is really what a handle on this thing. tion. our Blue Dog budget is all about, it is But I just wanted to say that our about getting the Federal Government constituents understand that if they b 1715 back onto a glide path of fiscal respon- cannot hold their spending down to a I think the results of that, the con- sibility. level that matches their revenue, that sequences of that, are certainly unac- We spent the whole decade of the they are bankrupt. And they go to a ceptable to me and should be unaccept- 1990s trying to bring us out of the huge court and they ask the court for relief. able to most Americans because I deficit years of the 1970s and 1980s. It And the court will say, well, do you think what it does for us in the long was a long, difficult battle. There were have a reorganization plan? And if they run, the long-term economic con- spending cuts. We ratcheted down do not have a reorganization plan, the sequences of it are very serious. It will spending at every level of government. judge will require them to sell their stagnate our economy. It will make it The facts, if they are spoken accu- house and their car and that new piece impossible to solve the long-term So- rately, will bear that out. Now in just of property they bought, their stocks cial Security problem that we have a few short years of fiscal irrespon- and so forth. And I think that is the that the gentleman from Michigan (Mr. sibility, we put ourselves back into a situation we find ourselves in. SMITH) spoke about. It will make it al- deep, deep ditch. Mr. SMITH of Michigan. Madam most impossible for us to put in place Madam Speaker, we have some other Speaker, what I am a little nervous a prescription drug program. folks joining us today, and I would like about on this reorganization plan that Both presidential candidates on the at this time to yield to the gentleman government might have is what some campaign trail talked about that as from Tennessee (Mr. TANNER), who is a might call monetizing the debt, just one thing that this Congress should do, very effective member of the Com- printing more money, causing infla- reform Medicare to include a prescrip- mittee on Ways and Means, who will tion, so it is easier to pay back. That tion drug program. But sometimes as a discuss a few details of the Blue Dog would be terrible. Congress and as an administration, we budget. Mr. BOYD. That would be. That seem so fixated on revenue reductions Mr. TANNER. Madam Speaker, I would be terrible. We have to figure that we have to pay for the priorities think the gentleman is correct in his out how to discipline ourselves, to that we may list as a Federal Govern- assessment that our generation ought quench our thirst for having programs ment. to be willing or have the courage to

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.121 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1889 pay the bills that we are incurring for that private enterprise can flourish and here today to talk about the real prob- our protection and for the protection of grow without public infrastructure in- lem on our hands. our children and not pass on a debt vestment, whether it be in bricks and And what is the problem on our that we have been working on to the mortar, airports, railroads, harbors on hands? The problem is that a couple of extent that we are. our rivers and streams, or anything years ago, many of us who were here in Let me give Members a few facts else, interstate highways. If they think the Congress understood that we were which are painful to even read. Right private business can grow and flourish in a surplus situation. We were getting now we, the people of the United without that kind of public invest- more money in taxes than we were States, owe about $6.4 trillion as rep- ment, then they have never been to a spending. And so we had a surplus. In resented by our national debt. Even country that does not have any govern- just 2 years, under the Bush adminis- worse, 8 months ago Congress was ment because in those countries, no- tration, we are in a deficit situation, a called on to raise the debt ceiling; that body is doing any good. I have been projected deficit, anybody that you is the amount of money that the people there, seen that. talk to in this year’s budget, of any- of the United States borrow. Eight So I want to just say that under our where between about $300 billion and months ago, we raised that debt ceiling present scheme if we listen to some, $350 billion. That does not include the $450 billion, which represents almost 10 the deficits do not matter, that this is war on terrorism, the war in Iraq, our percent of the then-$6 trillion debt. Do just a short-term problem. People have work going on in Afghanistan; that is Members realize that 8 short months tried since the dawn of civilization and above and beyond the $300 billion-plus later we are told by the Secretary of the invention of something we call deficit that we are running this year. the Treasury we are going to hit that money to borrow themselves rich. It Add that to almost a $6 trillion debt ceiling in the next few days or weeks. has never worked then, and it is not load that we are already carrying, and That means we have run through in 8 working now, and anybody who thinks this becomes a major problem. Yet ev- months $450 billion of additional debt. that we can borrow ourselves rich ex- erything else seems to be going wrong. It gets worse. The Congressional People are being laid off. There are no Budget Office last week reported that pects what never was and never will be. jobs being created under this adminis- the deficit for this year would be $287 We have a serious problem in this tration with the plan that he had, his billion, and that does not include any country. We are not doing our children great tax cut that was supposed to monies for a potential war in Iraq. CBO right by passing on such a debt to them stimulate the economy. It has not. further predicted that the deficits over because we do not have the courage to Businesses are closing; bankruptcies the next 10 years if we continue to fol- either raise the necessary revenue for are up. We read that in today’s news- low the economic model that we are what we want, or we do not have the paper. That is despite all the other operating under right now and do the political courage to cut spending where problems that we are having in the things the President has suggested we can. Something has got to be done, with regard to the Tax Code, that over and that is why the Blue Dogs came international world and with respect to the next 10 years we will rack up al- today with a new budget for this fiscal a war. So our economy is weak and in most $2 trillion of additional debt. year that will get us back on a glide many cases, like in California, is get- Now any rational businessperson un- path to balance. The biggest gift we ting smaller as we speak. derstands that such an economic busi- could give to our country and to our So what do we do? The President’s ness plan, either in their business or children is a country that is debt free. proposal has been to put forward a for the country’s business, is Just think, if we did not pay $332 bil- budget with stated aims of saying that unsustainable; and the reason it is lion in interest last year what we could the economy should get moving, that unsustainable is because interest must do, either cut taxes or make the invest- this budget of his would create jobs and be paid on this debt. Last year we, the ments in education, in a world class that they would balance the budget. people of this country, paid $332 billion, military, in all of those things without Strike one, strike two, strike three. paid and accrued $332 billion of interest ever raising taxes again. That is the This budget misses all marks of these on the national debt. The revenue of kind of financial management I think three aims. I am going to go through the Federal Government last year was people expect us to exhibit up here, that a little, and then we have got $1.8 trillion. That means we have a rather than trying to borrow ourselves some Blue Dogs here who want to talk debt tax, D-E-B-T, debt tax of 18 cents rich and tell them everything is going about what our proposal is for the out of every dollar. Said another way, to be all right. budget of 2004. we have an 18 percent mortgage on our Madam Speaker, I just want to say First of all, economic stimulus. The country and this debt tax, as we con- that I hope people will give some con- way that the President has structured tinue to borrow more and more money, sideration to the God-awful debt that his tax cut does not and will not stimu- is the only tax increase on the Amer- this country possesses now and what is late our economy in the short term. It ican people that cannot be repealed be- forecast for the future, and will help us does very little. In fact, even the Presi- cause interest has to be paid. as we try to wrestle with it. dent’s plan when you look at it, only 5 This does not even touch the moral Mr. BOYD. Madam Speaker, I thank percent of his projected stimulus pack- argument of what we are doing to the the gentleman from Tennessee. Mem- age would have any impact now. Now, next generation. I told somebody the bers can tell he is truly our leader on while people are being laid off. Now, other day, I said I do not think any of these kinds of budget issues, and a very while unemployment benefits are run- us in this room want to leave our chil- thoughtful member. ning out. Simply put, the President’s dren a country where the rivers and stimulus plan is not stimulative at all. f streams are so polluted that fish can- In contrast, we Democrats, and in par- not live in it, kids cannot swim in it, b 1730 ticular the Blue Dog budget, would help to expand the economy. It would and people cannot drink from them. I THE BLUE DOG BUDGET PLAN do not think anyone wants to leave our help those who have lost their jobs, and children a country where the air is so The SPEAKER pro tempore (Mrs. it would call for immediate tax re- foul and smog infested that our chil- BLACKBURN). Under the Speaker’s an- bates. That puts money in the pockets dren have to wear a surgical mask to nounced policy of January 7, 2003, the of those people who will spend it, not ride their bicycle, and I do not think gentlewoman from California (Ms. LO- the people who already have money, any of us want to leave our children a RETTA SANCHEZ) is recognized for the but the people who need it to live on a nation that is so burdened with debt remainder of the minority leader’s day-to-day basis. It is going to create that they will not be able to make the hour. jobs. public investments that only the gov- Ms. LORETTA SANCHEZ of Cali- Let us take a look at the President’s ernment can make to enable private fornia. Madam Speaker, I was sitting tenure. Unemployment went from 4 enterprise to grow, expand and flour- in a military congressional hearing and percent to its current 5.8 percent. In ish. could not get out in time, but we are other words, he has not created jobs. If there is any businessperson in this here now and really excited about hav- We have been losing them. He has done country who thinks for one moment ing so many of our Blue Dogs come a round of tax cuts, over $1 trillion

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.122 H13PT1 H1890 CONGRESSIONAL RECORD — HOUSE March 13, 2003 worth of tax cuts. It did not work. It about that. I believe the next one that cally responsible. They want us to bal- has not worked. And now he proposes we have is the gentleman from Mis- ance the budget in order to lower our to do the same thing, another tax cut. sissippi (Mr. TAYLOR), who will give his debt and make our children’s future But if his first one did not work, his version of what Blue Dogs are trying to brighter.’’ second one certainly will not work. We do to help bring down the debt, create We could not agree with you more. need job creation, and we want it to in- jobs, and put more money in America’s You were right in 1995. Why are you clude small business. Small business is pockets. not for a balanced budget now? where jobs in America are created Mr. TAYLOR of Mississippi. I thank Some other friends of mine on the today. The stimulus effort needs to be the gentlewoman. I think it is impor- other side of the aisle have said similar focused in part on small business. The tant that we remind the American pub- things. Now Majority Leader TOM Blue Dog plan calls for immediate aid lic where we are now. When we passed DELAY, it has been a while, March 11, to small businesses by calling for in- the Bush tax cuts in May, just 2 years 1994: creases in small business expensing ago, our Nation was $5,643,680,010,418 in ‘‘We are showing what we would do. from $25,000 to $75,000 for equipment debt. Less than 2 years later we are If the Republicans were in charge of purchases in 2003 and 2004, right now. If $6,445,790,102,749 in debt. That is an in- this House and in charge of the Senate, businesses invest right now, we are crease of over $800 billion. If you were it would be a much different America. going to give them a tax break, and to track the American debt from the It would be a much different govern- that is going to stimulate the econ- founding of the American Revolution ment.’’ In the past 2 years, or less, you guys omy. through the Vietnam War, our Nation have run up $800 billion in new debt. It Finally, the President’s plan, he had borrowed that much money in is obviously different. I do not think it says, would bring down the debt. But it about 180 years. In less than 2 years, is better, but there is always time to will not. It would increase the national our Nation has borrowed that much change. I think one of the ways that debt far into the future. As my col- money. What is particularly frus- you can change is to allow a vote on league, the gentleman from Tennessee trating I think for all of us is the com- the floor next week of the Blue Dog (Mr. TANNER), said, when we include plete flip-flop on the part of our Repub- budget, which would get us back on the the service on the debt, or the interest lican colleagues. payment that we have to make that path to a balanced budget. The gentleman from Illinois (Mr. The gentleman from Texas (Mr. the President’s plan would generate, HASTERT) has been the Speaker of the DELAY) had some interesting statis- his plan will cost at least $925 billion House now for, I believe, 1,500 days or tics. This is from a speech that he gave through 2013 alone, with no end in something very close to it. In those on the House floor in 1995: sight. The Democrats, and the Blue 1,500 days, he has never scheduled a ‘‘In 1980, each child born that year Dogs in particular, believe that the vote on a balanced budget amendment. immediately inherited a debt of $4,000. main thing we have to get under con- I find this a bit ironic, because on That is government debt. By 1985, be- trol is the debt, because when we do March 17, 1994, then-Member Hastert cause no balanced budget had been that, when we bring down the debt, said clearly, ‘‘Until our monstrous $3.4 adopted, the children that year had in- then the interest payment that we trillion deficit is eliminated, interest herited a $7,600 debt. By 1990, our chil- make on that borrowed money becomes payments will continue to eat away at dren were burdened with almost $12,800 smaller and smaller. the important initiatives which the in debt.’’ When I first got to the Congress, it government must fund. I will not stand This is again from Majority Leader was about 17 cents of every dollar was by and watch Congress recklessly DELAY’s floor speech from 1995: spent on interest on the debt. By the squander the future of our children and ‘‘Each year every child born in Amer- time President Clinton got out of of- grandchildren.’’ ica this year will begin life with a debt fice, it was only 11 cents. We were As I pointed out, the debt has in- of more than $16,700. Is it any wonder bringing down the debt. The Repub- creased $2 trillion since the Speaker that young families have trouble sav- licans, when President Bush came in, said that, then-Member HASTERT. Yet ing money for a down payment on a they were having a hard time deciding, he will not allow a vote on a balanced house? Is it any wonder that the Fed- my God, what does the world look like budget amendment, and we are not eral Government’s consumption of when the Federal Government does not even sure he is going to allow a vote on more than one-quarter of all our eco- have any debt? They were worried. the Blue Dog budget. As we know last nomic activity is driven in interest They were actually worried that we year, it was so thoroughly convoluted rates and stifling economic growth?’’ might bring down the debt and there in the Committee on Rules that we When the majority leader made that would be no debt in the United States. were not given a clear opportunity to comment, our Nation was about $4.3 But they fixed that. They fixed it by offer it as an amendment. I hope, Mr. trillion in debt. We are now $2 trillion giving tax cuts, they fixed it with a bad Speaker, you will do so this year. further in debt, so I think it is fair to economy, and now we are back up to 18 I would also remind you that on that say that your $16,000 debt that you cents of every dollar we bring in as tax same day, you said, ‘‘The American made reference to is now a $25,000 debt revenue to the Federal Government people have wanted a balanced budget for every American man, woman and gets spent on the debt. We need to re- amendment for a long time, because child. Yet what really troubles me, and duce the public debt. It is a debt tax. they know it’s the only way to force I could go on and on pointing out very We as Blue Dogs believe that we can- Congress to make spending choices.’’ important Members of the Republican not simply stand around and criticize, Mr. Speaker, if you meant what you Party: the gentleman from California but that we must present our own solu- said in 1994, we are willing to help you (Mr. THOMAS), the gentleman from Illi- tion to the problem, that it has to be do just that, but you have got to give nois (Mr. HASTERT), the gentleman credible, that it has to be based in prin- us a vote on it. from Texas (Mr. DELAY), the gen- ciples. The Blue Dog principles are to There are some other interesting tleman from California (Mr. DREIER). bring down the debt, stimulate the quotes. The next year, January 25, the One thing that strikes me as an economy, create jobs, and get the econ- Speaker said, ‘‘Mr. Chairman, a na- American who tries to be objective omy moving again. That is why I am tional debt of $4.5 trillion, you can see about all of this and who kind of enjoys for the Blue Dog enforcement bill, how it’s growing, should finally con- watching other people’s political races, which we call Assuring Honesty and vince every Member in this Chamber I remember distinctly then-candidate Accountability in 2003. that Congress has got no discipline to Al Gore being severely beaten about All of the provisions in our budget solve its own problems. This balanced the head and shoulders for flip-flopping enforcement bill are for debt and def- budget amendment will put discipline on the abortion issue. I know many icit reduction. In very black and white upon us.’’ people in this Chamber have different terms, we have a plan of how to bring Mr. Speaker, I wish you would live by opinions on this, but my Republican down the debt and how to stimulate those words and give us a vote. colleagues reminded the American peo- the economy. A handful of my fellow Here a few days later, ‘‘The American ple that Al Gore ran as a pro-life can- Blue Dogs will be here tonight to speak people want their government to be fis- didate only to change to a pro-choice

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.124 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1891 and accused him of flip-flopping. That budget. We have a different budget in year should be willing to defer the tax is probably true. But if that is true, mind. We have a timeline to bring cuts that they would get under the then how can the Speaker and the ma- down the debt and bring this country President’s plan in order to share in jority leader, the gentleman from Cali- back into surplus. the sacrifice necessary to fight and pay fornia (Mr. THOMAS) and others who I yield to the gentleman from Texas. for the war in Iraq. came to this floor and gave eloquent Mr. TURNER of Texas. Mr. Speaker, That is the Blue Dog plan: Accelerate speeches, and they were eloquent I thank the gentlewoman for hosting the tax cuts for the lower and middle speeches, about the importance of bal- this hour for our Blue Dog group for income families, for all families who ancing the budget, the importance of a the presentation of our budget pro- have incomes below $170,000 a year; but balanced budget amendment, that defi- posal. those who have greater incomes than cits are bad, that interest payments on The Blue Dog Democrats in the that, they will get the tax cuts that the debt are bad, how can they now House are 35 members strong. We come would naturally accrue to the cuts in look the American people in the eye from all over the United States. To- the lower tax brackets. They will get and say they are good? night we have had Members from Cali- the benefit of the Blue Dog plan for ac- fornia, Mississippi, Tennessee and Flor- celerating the child tax credit and b 1745 ida. We will hear from the gentleman eliminating the marriage penalty, as It is a fair question to each of you. It from Arkansas (Mr. ROSS) shortly. will all Americans. But as far as a re- is a fair question the American people This is a group that is united by one duction of the top rates, those families ought to be asking my Republican col- theme, and that is we believe that our at $170,000 and above should be willing leagues. Do not try to tell me that you country must return to balanced budg- to wait, wait until we get through this never said it, because it is in the CON- ets, we must try to pay down our debt, war, wait until our budget situation GRESSIONAL RECORD. which now stands at over $6.3 trillion, improves. So the question is, what did you real- and, in order to do so, we have to adopt The difference in those two plans, the ly believe in? Did you believe it when a fiscally responsible budget in this Blue Dog plan and the President’s plan, you said it then, or do you believe it Congress this year. has a dramatic impact upon our Fed- when you are saying deficits are not Back in January the President re- eral budget. If you look at the chart to important now? Because they are to- vealed his budget plan, and we have my right, you see the President’s plan tally opposite. And all I think the had the opportunity to look very care- will dig the budget deficit hole deeper American people are asking for is some fully at his plan. As you know, his plan to the tune of $2.7 trillion in debt over honesty, some honesty in budgeting, calls for tax cuts and acceleration of the next 10 years. Our present $6.3 tril- and some concern about the future of tax cuts that were implemented 2 years lion debt under the President’s plan at this country, and that we quit sticking ago when we passed the largest tax cut the end of 10 years will stand at $10 our kids with the bills. in the history of the country. That tax trillion. We think that is wrong. We The last thing I am going to say, and cut was to be phased in over a period of think that is bad for the country. We it is the analogy I use back home be- about 10 years. Those tax cuts have think that is digging a hole that we cause everyone understands it, there is been phasing in, and the Blue Dog will have a very difficult time getting not a Member in this body who would Democrats believe that the tax cuts out of. that we have all received need to re- go out and buy a car, and say, ‘‘I don’t The second chart I have shows that main in place. care what it costs, I don’t care what the amount of interest that every We also believe that the future tax American family of four will have to the payments are, because my 6-year- cuts that will accrue to the benefit of old child is going to pay the bill.’’ pay just to service that debt that we low and middle income families need to will have under the President’s plan. There is not a Member in this House be implemented immediately in an ef- that would go out and buy a house and As you can see by the chart, currently fort to bring about a short-term stim- every family in America pays $4,624 in tell the realtor, ‘‘I want the nicest ulus. house in the county. I don’t care what interest just to service that $6.3 tril- But the Blue Dog Democrats disagree lion national debt. That is what we call it costs, I don’t care what the pay- with our President on two important ments are, because I am going to stick the interest tax, and the interest tax is points of his plan. First of all, we be- the only tax that you cannot repeal, my grandkid with the bill.’’ That is lieve that it is wrong for half of his tax precisely what we have been doing as a because the interest obligation on the cut plan to be dedicated to the elimi- $6 trillion debt must be paid every year Nation, and in less than 2 years we nation of the taxation of dividends. have stuck our kids and grandkids with by the taxpayers of this country. Now, there are many wealthy Ameri- So if you look at the President’s an $800 billion bill. cans who have a lot of stock and who plan, by the year 2013, 10 years from The Blue Dogs will give you an op- would greatly benefit from eliminating now, every American’s debt tax will portunity next week to start turning the tax on dividends. But most Ameri- double. Every American family will be that around. We are going to give you cans have very modest stock invest- paying $8,458 every year, just to pay an opportunity to be men of your ments, and we believe it is wrong to dig the interest on the ever-increasing na- words. I hope you will join us in trying the deficit hole deeper and to increase tional debt. to balance the budget. our national debt by proposing at this We believe that is wrong. We believe Mr. Speaker, I would hope that you time the elimination of the taxation of it is a tremendous waste of taxpayer would live by your own words and give dividends. dollars to invest that much in interest. us a vote on a much-needed balanced We also believe that at a time when Ms. LORETTA SANCHEZ of Cali- budget amendment to the United our Nation is on the verge of war, that fornia. If I may ask the gentleman a States Constitution. we as Members of Congress need to call question on that, right now you are ´ Ms. LORETTA SANCHEZ of Cali- upon the American people to share in telling us we are paying about $4,400 fornia. Mr. Speaker, I thank the gen- the sacrifice that is being made by the for a family of four just on the debt tleman from Mississippi. young 18, 19, 20, 21-year-olds who are that this Nation carries in 2003, and if Mr. Speaker, now to join us on the now gathered around the borders of the President’s budget gets passed and House floor is the gentleman from Iraq, poised for military conflict. signed by him, we are going to be look- Texas (Mr. TURNER), who has been a In time of war, all Americans must ing at increasing that geometrically, leader of the Blue Dogs and has some share in the sacrifice. By eliminating basically? nifty charts here, to really explain, in the part of the President’s budget plan Mr. TURNER of Texas. That is cor- case any of you have just joined us, that eliminates the tax on dividends, rect. As we said, by 10 years, the end of that the Blue Dogs are about bringing we believe we are calling upon those the budget period that we are now down the deficit and creating jobs and Americans who are best able to share looking at, the tax paid by every fam- bringing the economy back, in contrast in the sacrifice to postpone that part of ily would be $8,458, just in interest. to what the President and his Repub- the President’s plan. Today, 18 percent of every tax dollar lican majority in the House and in the We also believe that American fami- collected by the Federal Government Senate have presented with their 2004 lies who have incomes over $170,000 a goes to pay interest.

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.126 H13PT1 H1892 CONGRESSIONAL RECORD — HOUSE March 13, 2003 To look at it another way, if you This Congress a few months ago portunity to debate it when this House took only the Federal personal income voted on several occasions never again considers the budget resolution for this tax, about 25 percent of every dollar we to borrow money from the Social Secu- year. pay, 25 cents out of every dollar that rity Trust Fund to run the rest of the Ms. LORETTA SANCHEZ of Cali- we pay, goes just to interest on the na- government. We had 1 year, the last fornia. Madam Speaker, I thank the tional debt. year of the Clinton administration, gentleman. Congratulations, by the What a waste. We talk about waste- when we did that, when we accom- way, at being named the ranking mem- ful spending, there is no greater waste plished that. But now we are back into ber of the new Committee on Homeland in any area of spending than what we deficit spending, we are using Social Security, another area of government waste every year just paying interest Security money once again to run the that we will see, undoubtedly, some on this debt that we have accumulated. government, and the Blue Dog plan is a spending happening this year. I know The Blue Dog plan is to stop that hem- plan that will get us back to a point with the gentleman’s fiscal conserv- orrhaging. where we will no longer do that. The ative principles that he will really hold Ms. LORETTA SANCHEZ of Cali- President’s plan, to the contrary, does the line and try to make America safe, fornia. I would say to the gentleman not accomplish that goal. but do it within a budget and without from Texas, this does not include what Just in the last 2 months, the Con- too much overspending, as we see the it costs for us to go to war with Iraq. gressional Budget Office in revising its Republicans are attempting at this Mr. TURNER of Texas. That is cor- economic forecast on Federal income point. I thank the gentleman for being rect. All of the discussion currently on- said that the Federal debt at the end of here tonight. going about the Federal budget, the the 10-year period would be half a tril- Next we have the gentleman from Ar- levels of spending, do not include the lion dollars larger than they have said kansas (Mr. ROSS), who has been a Blue cost of a conflict with Iraq or the cost it would be in just January of this Dog now, I do not know, maybe 4 years, of rebuilding Iraq once the conflict is year. So the slide into ever-deepening or maybe 2 or 3. He is going to talk over. The President has said that is a debt has been dramatic. about the Blue Dog budget. I yield to separate item, that it should be treated The Blue Dogs call upon our Presi- the gentleman from Arkansas (Mr. as a separate item. He has promised he dent to take a look at the same num- ROSS). will send a supplemental request to the bers that his Office of Management and Mr. ROSS. Madam Speaker, I thank Congress to pay for that if and when it Budget produces, which are very simi- the gentlewoman from California. We occurs. lar to the numbers that our bipartisan have heard a lot of talk tonight about So we are actually talking about Congressional Budget Office produces, the Blue Dogs. There are 35 of us in the very conservative estimates of the size and acknowledge and recognize that United States Congress who are con- of the national debt, and the Blue Dog our picture, our financial picture, has servative Democrats that make up the budget plan we are contrasting tonight changed dramatically, even since he Democratic Blue Dog Coalition. We with the President assumes the Presi- announced his budget recommenda- have one mission as a coalition, and dent’s levels of total spending. tions in January of this year. that mission is to promote fiscal dis- There are a lot of folks around here I think, based on those changed num- cipline, fiscal responsibility, and to who believe very strongly, as I do and bers, the President should join with the bring common sense to our Nation and the Blue Dogs do, that we spend too Blue Dogs in trying to move toward a its budget process. much money and we have to be con- balanced budget within this decade, We rise tonight because we are con- servative in our spending. The Presi- rather than continuing to dig this def- cerned about this country and its fu- dent has sent us a budget that calls for icit hole deeper and deeper. ture. This country is $6 trillion in debt; significant reductions in the levels of So, I hope tonight as the Blue Dogs and under President Bush’s budget that spending that we have seen over the have gathered on this floor, that we he just released to Congress, over the years. But even if you abide by the will be able to persuade not only our next 10 years, this country will go from President’s spending recommendations, Democratic colleagues, who are well $6 trillion in debt to $9 trillion in debt. which our budget does, his tax cut poli- aware of this severe deteriorating This country spends $1 billion every cies will increase our national debt to budget situation, but our Republican single day simply paying interest on the level to the tune of $10 trillion by colleagues, that they should take a the national debt. What does that the end of this decade. good, hard look at the Blue Dog budget mean to all of us? It means a lot. So, what we say is as long as we are alternative. Madam Speaker, $1 billion a day. We facing war, facing growing deficits, It should be appealing to many of could build 200 brand-new elementary those who are most blessed economi- them, because for many years Repub- schools every single day in America cally in our country should be willing licans were known to be fiscal conserv- just with the interest that we are pay- to defer the future tax cuts they have atives, and it has only been in the last ing on the national debt. I have several yet to receive in order to help us dig 2 years when we have seen Republicans interstate highway programs under our way out of this ever-deepening hole abandon that, and in fact on many oc- construction in my congressional dis- of debt and deficit. casions tell us that deficits really do trict back home that will create jobs The chart I have to my right shows not matter. while the roads are being built and will in a line graph the differences and the The truth is, common sense still pre- create jobs long term because of an im- surplus under the Blue Dog defense vails, and as you go along spending proved infrastructure which will allow budget and the deficit that will occur more money than you take in, eventu- more industry to come and locate in over the next 10 years in the Presi- ally it is going to catch up with you. I the Delta region, one of the most im- dent’s budget. The blue line shows the have never seen a family that could poverished regions of the country. I President’s budget. The red line shows sustain itself for very long incurring could finish those highways in less the path to a surplus under the Blue debts that they could not repay, and than a week just with the interest that Dog budget. neither can your Federal Government. we are paying on the national debt. I As you can see, after 10 years, our call it a debt tax. The gentleman from 1800 Blue Dog budget has seen several years b Texas (Mr. TURNER) had it right. That of improved fiscal condition of the Fed- So we believe Republicans will be at- is one tax that cannot go away because eral Government, and we have returned tracted to our plan because we do not as the debt grows, the amount of inter- to surplus. We will have returned to a dig the deficit hole deeper. We believe est that we as a Nation are required to surplus by 2009. By the end of the dec- that our spending levels, which are the pay on that debt also grows. ade, we will have returned to what we same levels as the President’s, will also The first $2,559 that every single tax- call a true surplus that does not ac- be attractive to Republicans because payer in this country pays each year count for the influx of Social Security they, I hope, would follow their Presi- does not go to educate our children, it funds, which we are currently spend- dent’s recommendations on spending. does not go to improve roads or to cre- ing, just to run the rest of the govern- So we hope this plan will be well re- ate jobs or improve health care, or to ment. ceived, and we look forward to the op- make it affordable and accessible, or to

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.128 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1893 provide prescription drug coverage as a reform, but now is not the time to do against rich people. We just want to part of Medicare for our seniors, no. it. tell people who are making money, The first $2,559 that every taxpayer in Madam Speaker, as I travel my dis- there are the troops sacrificing, there this country pays each year simply trict back home, I have people come up are the unemployed sacrificing. There goes to pay interest on the national to me and they talk about how they are teachers in classrooms sacrificing, debt. We have got to get this debt are unemployed for the first time in taking out of their own pocket to buy under control. But now it is getting their lives. They talk about how they supplies right now. Can you wait? Can worse. are trying to get by on a $600 Social Se- you wait on your next tax cut? Would From 1997 through 2001, this country curity check with a $400-, $500-, $600-, the gentleman not agree? did not deficit spend. Last year, Presi- even $700-a-month drug bill. People Mr. ROSS. Well, let me say that this dent Bush’s budget put us back in the come up to me and talk about how is not a partisan issue for me. I was one days of deficit spending to the tune of they are struggling to figure out how of those who supported President $199 billion. This year it will be $300 they are going to afford to send their Bush’s tax cut about a year ago. I just billion. It is projected to be $307 billion kids to college; but never has anyone think now is not the time for addi- next year. We are headed in the wrong walked up to me back home or any- tional tax cuts, not at a time when we direction. We must get out of the days where, for that matter, and said, you are asking our men and women in uni- of deficit spending, and we must begin know, I am having trouble feeding my form to sacrifice, and not at a time to pay down this debt. kids because I am paying too many when we return to the days of deficit Social Security. The President’s dividends, too many taxes on my divi- spending, and this country is $6 trillion budget for fiscal year 2004, he wants dends. in debt. Again, we are spending $1 bil- over a 10-year period to borrow $2.3 Now is not the time for that reform. lion a day just paying interest on the trillion from the Social Security trust Now is the time to be fiscally respon- national debt. Now is the time to re- fund. Our government has already bor- sible. Now is the time to begin to get store fiscal discipline to our national rowed $1 trillion from the Social Secu- out of the days of deficit spending and government, to pay down this debt, and rity trust fund, and I think it is time to pay down, to begin to pay down this to get out of the days of deficit spend- for the politicians in Washington to debt. ing. Here is why it is so important, and keep their hands off the Social Secu- Let me tell the gentlewoman two here is why the Blue Dog budget ad- rity trust fund. things that concern me. If the Presi- There are those in government who dresses those things, and here is why dent is just dying to spend $700 billion will tell us that we must invest that the Blue Dog budget is the right an- on something, let me tell my col- money until the time that we need it swer during these difficult times to leagues some things we ought to do in somewhere, and that may be true. But begin the process of getting us out of this country. We ought to quit talking let me tell my colleagues something. deficit spending and beginning to pay about modernizing Medicare to include When I go to the bank to get a loan, down the debt. The reason is simple. medicine for our seniors and we ought they want to know how much I am My grandparents left this country just to do it, and we ought to fund it to going to pay back and when I am going a little bit better off than they found it where seniors can walk into the phar- to pay it back. This country has al- for my parents, and my parents left macy of their choice, pull out their ready borrowed $1 trillion, getting this country just a little bit better off Medicare card and be treated just like ready to borrow an additional $2.3 tril- than they found it for our generation. they are when they go to the doctor lion from the Social Security trust And I think we have a duty; no, I think and when they go to the hospital. fund with absolutely no provision on we have an obligation to leave this how it ever gets paid back. Guess country just a little bit better off than We hear a lot about homeland secu- what? Assuming it does get paid back, we found it for our kids and for our rity. We hear a lot of talk about it, but Social Security as we know it today is grandkids. it is way underfunded. On February 7, still broke in 2041, because beginning in Ms. LORETTA SANCHEZ of Cali- four members of the Cuban Coast 2011, we will have more people earning fornia. Madam Speaker, I thank the Guard on a 30-foot boat made the trip Social Security benefits than paying gentleman from Arkansas. I think across the waters from Cuba to Key into the system. there was a point that the gentleman West. They docked at the marina at a Medicare as we know it today is made that is so important for America hotel in Key West with two machine broke in 2030. to understand, and that is that when guns, and they walked the streets of Now, the President wants another one comes to this country or when one Key West for a number of minutes try- tax cut for the wealthiest people in is born in this country and one realizes ing to find somebody to defect to. America. I am not here to beat up their potential, one is in the greatest Thank God it was the Cuban Coast wealthy people. This is America. Many market economy the world has known, Guard, and thank God they were here people grow and realize the American and so it is great if one can use their to defect. What if it had been terror- dream of being successful, and there is talents and make money. It is the ists? We have to quit talking about nothing wrong with that. But we are American way. My father did it coming homeland security, and we have to asking our men and women in uniform to this country, my brothers and sis- fund it. We have to keep America safe. to now make a sacrifice. We are asking ters and I have done it in this country. We have to keep our children safe. We people all across America to sacrifice We want the same thing for everybody. have to keep our grandchildren safe. during this heightened time with the And I tell people all the time who Ms. LORETTA SANCHEZ of Cali- potential for war and terrorism. I make good money, I say, when they fornia. Madam Speaker, the gentleman think now is not the time to pass addi- complain to me about paying taxes, I is right. We need to protect and invest tional tax cuts. say to them, is it not a great country, in America. Because we know what Let me say this, Madam Speaker. I where you can make $1 million, $2 mil- happens when we invest in America, was one of 28 Democrats to vote with lion, $500 million a year? Is it not a when we invest in education, when we President Bush for his tax cut about a great marketplace? Is it not great to invest in a health care system, when year ago. It was the biggest tax cut in see the infrastructure we have, the we invest in our infrastructure and our 20 years, $1.3 trillion. But a lot has hap- communication that we have? The way communications system. When we in- pened since then. We have gone from a our market works, the way people can vest, we reap more. And when we spend $5.6 trillion projected surplus to a $215 come here with nothing and make and drive up the debt, we get ourselves billion debt over the next 10 years. We something? Is it not a great place? in trouble. have had 2.5 million people in America, Madam Speaker, one has to make When we are talking about 18 cents 2.5 million in America lose their jobs; money to pay taxes. I think it is a of every dollar going to pay down the and anyone who has a retirement plan, great thing that we pay taxes, because debt, it is credit card amounts. It is a 401(k) plan or invests in the stock I see the improvements, I see what we what one would anticipate as being the market knows exactly what has hap- have. We have a market economy highest cost of borrowing. And imagine pened there. We may need dividend tax where we can succeed. So we are not if we have to go to war. That is outside

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.130 H13PT1 H1894 CONGRESSIONAL RECORD — HOUSE March 13, 2003 of the President’s budget. It is not in- weeks ago and watched them say good- Now to the substance of Iraq, I will cluded in the spending that he is pro- bye to their husbands and wives and pose about 8 or 10 questions that I posing. So we will be even higher. And children for the service of this country. think that we need to have answered the Blue Dogs feel that the first thing And I have them in mind when I am de- before a war starts in Iraq. we need to do is get down to basics. ciding what position to take in Iraq. The first question I would pose is, is Hold down our spending, be good about I have the sailors of the U.S.S. Rod- a policy of inaction in Iraq the right that, tighten our belts in these tight ney Davis, a U.S.S. frigate that shipped and acceptable policy for America and times, spend on the right things, on in- off last weekend from Everett, Wash- the international community? And I vestment, on homeland security, on ington now bound for the Middle East will answer that with a resounding no. education of our children, on our mili- and watched them say good-bye to Inaction is not an accepted policy tary. But we also believe it is not time their loved ones on that dock, and I when it comes to Iraq. And fortunately for a tax cut. We believe that everyone have them in minds when I think about inaction is not what we have at this must sacrifice during this time; and if what our policy ought to be in Iraq. moment. We have a policy of keeping we sacrifice and we do it right, we will Regardless of what Americans think this thug, this tyrant, this diabolical bring down the debt that we see spi- their policy should be in Iraq, I think dictator in a tight little box and that is we should stand absolutely unani- raling out of control. And when we do where we ought to keep him, and we mously as we did in Congress here, in that, we will have more money, more ought to continue and promote and the House last week when we passed a money in the long run to spend on the make stronger our inspection protocol resolution respecting and pledging our things that make this country great. to find and root out and disarm this ty- support and our prayers, which the So I would encourage my colleagues, rant. And we have been having success brave men and women have tonight in that regard in the last several in particular on the Republican side, to and today, in the sands of the Middle weeks. And we ought to continue and come and ask us about the Blue Dog East, and we have should not forget enhance and strengthen our no-fly budget, because we think it will work them in any stretch. and it will bring down the debt. And Second, I want to say that I think zone, which denies that dictator effec- when we bring down the debt, we will that the U.S. Congress needs more dis- tive control of 70 percent of his coun- see ourselves where we were 2 years cussion, not less, of America’s policy in try. And fortunately, and this is very ago: in a surplus situation. Iraq. And I think it is very dis- difficult to the Iraqi innocent citizens under this tyrant’s control, but we f appointing to many Americans that there has been a pall of silence in the ought to continue this economic sanc- b 1815 House about Iraq for the last several tion policy as well to keep this tyrant CONTROLLING THE TYRANT IN months. It is disappointing because in his box. IRAQ while every democratically elected leg- The gentleman from Wisconsin (Mr. islative body around the world or many KIND) has joined us and I yield to him. The SPEAKER pro tempore (Mrs. Mr. KIND. Madam Speaker, I appre- of them have been debating this sub- BLACKBURN). Under the Speaker’s an- ciate my friend from Washington State nounced policy of January 7, 2003, the ject, the very citadel of democracy, the U.S. House of Representatives right for yielding to me. gentleman from Washington (Mr. INS- I just wanted to commend the gen- here, the People’s House, has been al- LEE) is recognized for 60 minutes. tleman for having this discussion this most absolutely silent on this issue, Mr. INSLEE. Madam Speaker, I have evening. I think it is perhaps the most and I think that is not in the best tra- come to the floor tonight to discuss important decision that the President our Nation’s policy in Iraq and before I ditions of democracy. To that end, we have invited some of is about to make on behalf of our Na- discuss that most important issue I my Republican colleagues, the gen- tion, and it is a decision that is going would like to make a couple of pre- tleman from Texas (Mr. DELAY), to to affect our relationship with the paratory comments. lead an effort to debate what should be Arab world and the rest of the inter- First, I would I want to express my our policy here in the House of Rep- national community for decades to respect, admiration and appreciation resentatives, and to date we have not come. But one of my concerns is for the for the men and women of our Armed convinced them to agree to that type past several months Congress has been Services who are today deployed in the of debate in the House and I think it is AWOL on this issue, absent without service of their country, who are al- very unfortunate. I hope that some of leave. And I think there is still time ready assisting the security and free- my Republican colleagues will engage for us to engage on this fundamentally doms of our country today, regardless with us in that discussion in the near important decision, and that is what of the outcome of our national policy future, and we have hope the gen- will be the future course of events in in Iraq. And I think it is important to tleman from Texas (Mr. DELAY) would dealing with Saddam Hussein and Iraq. note in any discussion of our national reconsider and would allow debate to And somehow, some way I think we policy that the very reason we have the occur on the floor of the House in this need to come to grips with the new re- opportunity to discuss and debate regard. ality of the international order, and these issues on the floor of the House And the reason I say that is while that is there are some bad people out of Representatives are the contribu- this House did cast a vote, which I be- there that pose security threats tions past, present and future of the lieve unwisely abrogated our constitu- against the safety of our citizens, but men and women of the America’s tional authority to make the decision it is imperative that we figure out a armed forces. Because the very right of on war to the executive branch, a lot way of distinguishing between those in- freedom of speech would not exist with- has happened since that decision dividuals who are deterable and those out the courage and dedication of our months ago. This Chamber should be who are undeterable. soldiers and sailors and Air Force per- debating what the right course of ac- Certainly I would put Osama bin sonnel, Marines and Coast Guard and tion is in Iraq. We owe it to the sol- Laden, the al Qaeda regime in the there are others. diers and sailors of the 8th Hospital undeterable category. Those are the We would not have the ability and Unit in the Navy and the people of the ones we need to focus on, we need to other Americans would not have the U.S.S. Rodney Davis and all Americans get after in order to enhance the secu- ability to protest, to question their to decide and debate this subject. And rity of our people in this country. government’s policy but for the dedi- I think it is most unfortunate that the I think there is still a debate going cated courage of these individuals. And House has derogated its responsibility on in regards to Saddam Hussein and I have a particular personal connection to make that decision and punted it whether he, in fact, can be deterred. and admiration for them. In the last 2 over to the White House down on Penn- But what is most disconcerting in all weeks I have gone to two deployments sylvania Avenue. So I hope that we can this is that we have lost a lot of good of citizens and my neighbors to the inspire additional debate. I have come will in the international community. Middle East. I went to the deployment to discuss this today. I wish we had The international coalition of support in Bremerton, Washington of the 8th others to join us who has a different that the President said he would work Navy Hospital Unit who left about 21⁄2 view about Iraq. hard to try to achieve last fall has not

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.132 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1895 come together and we are dealing with So I thank my friend again for the and $120 billion a year to the United a different set of circumstances in an opportunity to speak on this important States taxpayers. And we ought to ad- entirely different context today than issue, for the leadership he has shown vocate with the United Nations to have when the first Iraq resolution came up on this important issue. And hopefully a more rigorous inspection protocol last fall: The security threat that we will be able to work and engage to- and accomplish that. North Korea now poses against us, gether on this. That it is not just one The second question I would ask and which I think is still the most immi- individual here in this country making I think is important to answer in this nent threat against our Nation’s secu- such a profound decision that will af- debate, is the President’s assertion, his rity today, even more than Saddam fect our position on the global scene implicit assertion, that Saddam Hus- Hussein. for many years to come. sein was behind the horrendous attack The fact that we do not have this co- Mr. INSLEE. I appreciate it. We will on our Nation September 11 supported alition of support to do it the right continue to get our efforts to get a dia- by the evidence of our intelligence way, not the military operation which logue going in the House. The gen- services? And I am afraid to say that we can pretty well do on our own but tleman has written the gentleman from that assertion is wholly unsupported the rebuilding afterwards. I am afraid Illinois (Mr. HASTERT). I have written by the evidence. we could win the war but lose the the gentleman from Texas (Mr. b 1830 peace. And that is why international DELAY). We will continue these efforts. If Saddam Hussein were connected support is so crucial. But also the do- Before the gentleman goes, I will with the September 11 attack on this mestic implication. The President a note just a little problem we will be Nation, I would not hesitate for 5 sec- couple weeks ago submitted a budget working on. I met with a group of re- onds to vote for an action by the calling for the largest deficit in our Na- servists last weekend because we are United States, even largely unilater- tion’s history, and it does not include a having these longer deployments and ally, as we did in Afghanistan, because dime for the cost of the military build- longer call-ups and one of the things the Taliban was directly behind the at- up in the Middle East or the possible we need to work on is make sure they tacks of the United States of America. military action or the rebuilding that get adequate health care when they will have to come afterwards. These It was responsible for thousands of switch from one coverage to another as are issues that all of us in this Con- deaths. well as adequate travel reimbursement gress should been engaged in in having I have listened closely for months because, unfortunately, we will have a national discussion, however unpleas- now for some shred of meaningful evi- longer deployments. I will be talking ant that might be. That is what a great dence that Saddam Hussein had broken democracy needs to do. with the gentleman. with his decade of failing and refusing And that is why I earlier this week I thank the gentleman for joining me to ally with the al Qaeda, and all of the called on the gentleman from Illinois and I thank him for his leadership on sudden the September 11 attack, and (Mr. HASTERT) and Majority Leader this work. that has been wholly missing in this Madam Speaker, we are talking FRIST to allow the United States to debate. I have gone to repeated classi- have a renewed discussion, to give our about inaction is not an option when it fied briefings; and I obviously will not constituents back home an opportunity comes to Iraq. And I point this out be- disclose what were in those briefings, through their representatives to voice cause I feel that in the debate, those but I have come away from a review of their opinions and their concerns in re- who have supported a largely unilat- the entire record and not seen mean- gard to this very important decision. eral war, which is the situation we are ingful evidence of a connection be- And that is why, again, I want to just in with very little international sup- tween Saddam Hussein and September thank my friend from Washington port, those who support that position 11. State (Mr. INSLEE) for trying to have a have suggested that there is only two Frankly, it is not too surprising, be- dialogue on this very important issue, decisions here, war or passivity, war or cause anyone who has studied the Mid- because a lot of folks back home feel inaction. east understands that there is a dra- that they are wondering where Con- I think it is very important to note matic difference between the thinking gress is in all of this. And instead of that the course we are advocating is of al Qaeda and Osama bin Laden and having these meaningful discussions, that we continue to squeeze down on the type of tyranny and oppression we are instead discussing about chang- this tyrant. And that it is important to that Saddam Hussein has advocated, ing French fries to freedom fries. I realize that we ought to engage the because al Qaeda has been a fundamen- mean, how trivial can you get? power of the international community talist Islamic group, and they have So as we move forward, and I still to isolate him and to continue this dis- called Saddam Hussein, as recently as think there is time to engage the coun- armament program, and I think just in several weeks ago, an apostate, who is try but also the international commu- the last few days we have continued to a secular tyrant; and they have been nity in regard to this important deci- see success in the inspection process, oil and water, and it is a good thing sion, hopefully we will have more of an and it is important to realize no in- that they have been. opportunity for Congress to get back spection process is going to be totally I serve on the Committee on Finan- involved in this and get the policy effective in the first 24 hours or the cial Services, and as recently as yester- right. And regardless of what decision first 30 days. It took us years in the day we had the Homeland Security De- the President makes, and if it is a deci- 1990s but the disarmament program partment, the Department of Justice, sion to send the troops in, I would hope and the inspection protocol, although and the Department of Treasury; and at a minimum there would be con- it was not absolutely foolproof, in fact we were looking at money laundering sensus in the country that we need to destroyed more weapons of Saddam and issues about the financing of ter- support our troops. Hussein than were destroyed in the rorism. I asked our three agencies I have been to a lot of deployment Persian Gulf War. That is a significant whether there was any evidence that ceremonies for Guard and Reserve fact that is sometimes forgotten. It they would share with us that there units in Wisconsin, and I had a chance ought to give us some degree of opti- was any financing by Saddam Hussein to meet a lot of those who are being mism about continuing the inspection of the September 11 attacks, and I called up today, and let me tell you protocol which is so important, which asked them a very specific question, they are impressive individuals. Well- we ought to make stronger. because this is fundamental to the trained, well-motivated, very patriotic. By the way, when it comes to these President’s argument. They did not They love and believe in their country, inspections, if we have to double the present one shred of evidence that and we need to give them support in number of inspectors, if we have to tri- there was a connection between Sad- their mission. But it is our task as pol- ple the number of inspectors, if they dam Hussein and September 11, and icymakers to make sure we get the pol- need to go up a factor of ten, it is this is very important in this debate. icy right, and there is where the con- cheap at twice the price. Because It is not important to know whether versation should take place, and there frankly this inspection protocol is Saddam Hussein is a despicable, loath- is why we need to have these type of costing us a few million dollars a year. some human being who has been a ty- discussions. A war will cost somewhere between 60- rant, who has tortured his citizens,

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.134 H13PT1 H1896 CONGRESSIONAL RECORD — HOUSE March 13, 2003 who has started wars, who one can find calls about North Korea; and we have the way to assuring that the destruc- no virtue in whatsoever. That is an ac- to be aware of the presence of these tion of the delivery system or potential cepted fact, and we should not be naive other threats. delivery system to the al-Samoud mis- enough to think otherwise. Second threat, Iran. I was in Israel sile system, which I think now we have When it comes to deciding whether about a year and a half ago, and I met destroyed about 40 percent of their America should go to war, it would be with the number three or five person in missile system, we are making real a huge mistake to go to war based on the Israeli defense force, and I asked progress. The question in my mind is an illusion that this is the person re- him what he was most concerned about why stop that progress now in favor of sponsible for September 11; and unfor- in threats in the region and to the se- a war while we are continuing to make tunately, and it is unfortunate, I think, curity of Israel. Obviously, the progress on this effort? I do not believe I saw a poll the other day that the intafada, creating the havoc and de- there is a good answer to that question. President has convinced 42 percent of struction, is first on his mind; but he Fifth question, what would be needed Americans that Saddam Hussein was told me, and he had a lot of concern in in postwar Iraq? Here is where I think behind September 11 when his own in- his voice when he told me this, that we unfortunately the administration is telligence agencies know otherwise. had to really crack down on a country wholly not up at least at the moment That is unfortunate in this debate. that started with the letter I in the to the task of what they have said The third question I would ask that Mideast, because they were very, very their goal is in Iraq. The President has is important to ask is what is the rel- dangerous to the regional security of offered a variety of statements as to ative threat posed by Iraq relative to the area and to the security of Israel, what his goal is in Iraq. He has said the threats posed by other nations and and that country was Iran. that he has wanted to wage war or may non-nations around the world, and that Because he told me that, because of want to wage war in Iraq in order to is an important question, because there the assistance of Russia, Iran was mak- preserve the sanctity of the United Na- are an unlimited number of threats to ing significant progress to nuclear tions to make sure that the United Na- our personal security. It is unlimited, weapons, and his statement to me al- tions has credibility, and he has said and there is a hierarchy of how immi- most a year and a half ago has been that he is concerned about Iraq’s threatening its neighbors. He said that nent and how dangerous they are, and borne out by the intelligence photo- it is for our own personal security, and if we simply focus on Iraq and if we are graphs we saw last, I guess it was, Mon- he has said that he wants to free the willing to go to war in Iraq, to the det- day now in our newspapers about the Iraqi people from this tyrant; and I riment of our ability to deal with other cascade of centrifuges that Iran has de- want to address that last goal of free- threats that I believe are more immi- veloped to develop fissionable materiel ing Iraq from this tyrant. nent and potentially more lethal, it in relatively short order for another The reason I want to address that is, will be a bad decision by the United nuclear power in the Mideast. That is a to me, that actually if there were a le- States. So if I can, for a moment, talk clear and present danger to the secu- gitimate reason for a war in Iraq would about some of these other threats. rity of the Mideast and ultimately to be the one that would be most telling The President has indicated that the United States, but the United and most consistent with the facts and Saddam Hussein has attempted to ob- States has not been able to deal with the evidence, and the reason is because tain fissionable materiel and nuclear that threat because it has been so fo- there is no question but that innocent weapons. This is true. It is clear that cused on Iraq, and I think that is most Iraqis, by the millions, have suffered at Saddam Hussein has tried for decades unfortunate. the hand of this tyrant. It is an appeal- to obtain a nuclear device, and he has While we are fighting a war in Iraq, if ing thought to believe that we could been spectacularly unsuccessful in his that breaks out, these other nuclear- free them from that control of this des- multiple-decade efforts, but other armed countries, or very shortly will pot. That is appealing. countries have not been unsuccessful. be, will be perfecting their weaponry I have to say that in reviewing the North Korea, the country that the under the cover of this war of Iraq. plans, or lack of plans, and the com- President of the United States told us While we are fighting a country that is mitment, or lack of commitment, of is not creating a crisis, a country that trying to make balsa wood airplanes, this administration, the ability of has probably got fissionable materiel that we are now told was the reason to George Bush to bring democracy to and is on the course to have several nu- go to war, and I will come to that in a Iraq, at best, is highly speculative; and clear weapons in several months, that moment, we have got to be very cau- I will tell my colleagues the reasons recently intercepted our reconnais- tious about focusing on one threat to why. sance aircraft, which has been involved the detriment of our ability to deal Number one, exhibit A, Afghanistan. in infiltration of various other coun- with others. I believed war in Afghanistan was nec- tries, who is acting in a fanatical, to- Fourth question, are we making essary from a personal security stand- tally unpredictable manner, who may progress in disarmament of Iraq? I point due to the tie of the Taliban gov- have or will have shortly nuclear weap- have been actually relatively pleas- ernment to the September 11 attack; ons that can reach Japan, who is devel- antly surprised at the rate of progress but we had a perfect opportunity to, in oping missiles that can reach the west- we have made. It seems like every fact, try to establish a democracy, and ern coast of the United States in a few week or two we have been able to make this administration has blown it big years, that is an imminent threat to progress in the disarmament of Iraq, time. To the extent that when it came this country. Unfortunately, America’s and the folks listening probably are time for this year’s budget, to put response to North Korea has been dam- more familiar than I am; but it is im- money in to help the rebuilding of Af- aged, hindered and limited due to the portant to note that progress continues ghanistan, to help restore democracy President’s concentration on Iraq, and as it did in the 1990s. to keep out the return of the Taliban, I have to stand here to sadly say that I think we cannot be naive. There is do my colleagues know how much if Saddam Hussein could, potentially, I no way to guarantee absolute 100 per- money they put in their budget? Zero do not know how with the inspection cent disarmament of Iraq unless it be- dollars, zero dollars for democracy in process, but with our inspection proc- comes under our military control. It Afghanistan. ess under way, he is decades away from would take years to conduct searches Their explanation was they forgot, a nuclear weapon. of every nook and cranny in Iraq; but and I think that was very candid. The North Korea is months away from what we can say, I think with a rel- President’s administration forgot nuclear weapons that are deliverable to ative degree of assurance, is that we about the goal of democracy in Afghan- other nations and potentially the West- have stopped Iraq’s efforts to the ex- istan; and today we are faced with the ern United States in several years. tent they existed, which were quite ru- same problem we had after there were That is the number one threat to the dimentary, at least in the last year or efforts to kick the Russians out, which security of this Nation and the Presi- two, toward a nuclear weapon. is the return of the Taliban and the re- dent, who only has 24 hours in the day, We have significantly impaired any turn to tyranny and return to the war has been making a lot of calls about ability to have a meaningful bio- lords because we have not made the in- Iraq, and has not had time to make weapons hazard program, and we are on vestment that is required to get the job

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.136 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1897 done in Afghanistan; and if we want a type of commitment do we think we You do not instill trust in your col- template, unfortunately, and I think it can make to the international commu- leagues, or in the United Nations, when is unfortunate, if we want a template nity to in fact build democracy in Iraq right out of the box you say you are of what the Bush administration would when we basically have said we are not just coming to them for a rubber stamp do in Iraq, look what they have done in going to spend a dime to do it and we and you are going to start a war any- Afghanistan, which is to basically say have been afraid, Congress and the ad- way. It is not the way to build respect we are going to take care of about a 10- ministration, to build into our budget in the United Nations. It is one of the block area around Kabul so we can say the cost that it would take to do this? problems we are having now in trying we have got some vestiges of a country. No, perhaps building democracy in Iraq to build an international coalition to That is a farrier and I have not seen after a war could be a great vision, but deal with this problem. anything better planned for Iraq. we have certainly not seen the vision Seventh question. What has changed We have been asking on a bipartisan to make it happen. since Congress voted on this resolu- basis for the administration’s plans on Six. What are the real goals of the tion? I thought it was unwise then for a postwar Iraq for months and months administration in Iraq? Here is some- the U.S. Congress to derogate its con- now; and we have been given, I do not thing I think that is very important in stitutional duty to make a decision know how to say this charitably. I am the discussion. The discussion we have about war when it voted to essentially searching for a way to say it chari- heard, and it has changed over time, allow one person, one person in this tably. A joke perhaps is the best thing but when the President went to the country, to make the decision to go to to say on what their plans are on a United Nations at one time, he said his war, rather than the elected officials postwar Iraq. good deal was the disarmament of Iraq. here in Congress. When they drafted Here is a country, cobbled together The problem is, and the reason I be- the Constitution, they said Congress after the British Empire left the Mid- lieve we have had so much problem in had the power to declare war, so that east, of three distinct ethnic groups winning and building an international one person would not have that awe- that have never worked together ex- coalition, unlike the success that the some challenge and responsibility. cept under the heels of a despot with first President Bush enjoyed, is that Nonetheless, Congress did that, and my the Kurds who the administration has President Bush, in the very first state- side of the vote did not prevail. already decided to sell out to Turkey ment of his administration, said that It is important to have this discus- for the 15th time to the Kurds, the was not our goal at all. He said our sion now because since that decision, Kurds who are now finally enjoying goal was simply to remove Saddam other potential enemies of the United some degree of autonomy under our no- Hussein, period. No ifs, ands, buts. No States have used our continued con- fly zone. We have got the Kurds some disarmament. Saddam Hussein was centration and obsession, and I will not freedom today from Saddam Hussein going to have to go. use the word obsession, I will strike because of our no-fly zone and think of When the President said, as he did that word, but our concentration on the irony of it. most recently last week, that it is sim- Iraq has allowed them to continue to The President may be on the cusp of ply about removing Saddam Hussein, it develop their own nuclear weapons pro- a war, and he has agreed to turn them did not matter what benchmarks he grams. And we have been totally inef- back to Turkey, and in fact, that is made, did not matter what inspections fective in dealing with those other overstating a little bit, but he has al- we had or what disarmament he would issues, and that calls for Congress to lowed Turkey, under the secret deal he do, he was going to have to go, well, have a debate about what the current wants to make, to come into the that would be attractive; but it has state of this situation is. And we Kurds’ territory; and what an irony it damaged our ability to build an inter- should have one. is that the President says he wants to national coalition to deal with this The eighth question. Has the Presi- restore democracy in Iraq, and the first despot. And it is an unfortunate con- dent really leveled with the American deal he cuts with Turkey is to allow trast to the skills that the first Presi- people about the ramifications of this them to come back in and again be dent Bush demonstrated in building an war financially and otherwise? The sad dominant over the Kurds who are now international coalition to deal with the fact is that he has not. He has refused free for the first time in decades. threat in Iraq. to even discuss with the U.S. Congress That is the type of shady dealing and When the first President Bush spoke what the costs are going to be. And at efforts that have plagued us in our with respect to our international part- the same time that we are going to Mideast policy for years. ners, we were clear to them about our incur from $60 billion to $120 billion in goals, we hewed to the commitments cost, the President, unlike any other b 1845 we made to our international partners, wartime President in American his- And to think that we can break these and we did not tell our international tory, and every other wartime Presi- eggs and put them back into the de- partners that we were going to do what dent in American history has leveled mocracy category with the lack of we were going to do, and it did not with the American people, and they commitment of this administration is matter what they thought. That is have told the American people what wholly speculative and most dis- what the first President Bush did, and the war would cost in lives and treas- appointing to the poor people of Iraq. he was successful. This administration ury. They have been straight and said And I think anyone who knows the his- has violated all those fundamental pre- we need to pay this. And this President tory of these people knows how terrible cepts of human communication, which has not been straight with the Amer- their conditions have been. is respect for one another. ican people about the cost of this war, Frankly, if we had an administration The other goal is the President has either in lives or treasury, because he that we believed we could have con- said he wants to make sure the United wants his tax cut above everything. fidence would really commit to the de- Nations resolutions are honored. That Above everything. At the same time we mocracy in Iraq, for the long-term fu- is a legitimate goal. He has implicitly are going to spend an additional $60 bil- ture, and who made the commitment said he wants to show respect for the lion to $120 billion, he continues to try financially and otherwise, I would be a United Nations and build it up as a co- to ram through these tax cuts, which is lot more willing to look at the idea. alition, an international body that can his number one ideological belief. But we do not have that right now in deal with this. That is a laudable goal Now, to me, when we have seen our this administration. and an important one, but it certainly soldiers and sailors off to harm’s way Talk about a financial commitment, is shortchanged and has its legs cut out in this war, and they are making this we are talking about tens of millions, from underneath it when in the same sacrifice, it does not seem to me to be perhaps in the billions, of dollars in a breath the President says he wants to right that the President of the United postwar Iraq. And the President has respect the United Nations, but then States says we might have a war over- not even factored in the cost of even says he is going to ignore the United seas, but we are going to have a fiscal the attack, much less the postwar cost Nations if they do not do exactly as he party at home. That is irresponsible, into his budget, nor have my friends on wants them to do and he will start a and it does not respect the tradition the Republican side of the aisle. What war anyway. and the willingness of Americans to

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.138 H13PT1 H1898 CONGRESSIONAL RECORD — HOUSE March 13, 2003 sacrifice together when we do face a I believe America is a unique country SPECIAL ORDERS GRANTED mutual security threat. that has a unique responsibility for By unanimous consent, permission to Number nine. What does a war in moral leadership in the world. The address the House, following the legis- Iraq do to our security on the down- world looks to us for leadership. It lative program and any special orders side? Because many of us believe, and I looks to us for an idea of what is ac- heretofore entered, was granted to: believe, that while a war in Iraq and ceptable conduct by nations and men. (The following Members (at the re- the elimination of Saddam Hussein’s It looks to us to lead in the establish- quest of Ms. JACKSON-LEE of Texas) to rule could reduce a particular threat ment of a rules-based society, because revise and extend their remarks and in- that he presents, it could create great- that is the genius of America. We have clude extraneous material:) er threats in many other ways. I be- rules here and we follow rules here. Mr. GEORGE MILLER of California, for lieve that in balancing those threats Other countries do not. They do not there is as much potential increased 5 minutes, today. have rules they follow in a lot of coun- Mr. FILNER, for 5 minutes, today. harm to the United States, in threats tries. to our security, as there is benefit. And Mr. PALLONE, for 5 minutes, today. Since the collapse of the Soviet Em- there are multiple reasons for that. Ms. JACKSON-LEE of Texas, for 5 min- The most obvious reason is what is pire, an empire we contained in a way utes, today. happening in Iraq today, where we have that certainly makes Saddam Hussein Mr. CUMMINGS, for 5 minutes, today. kicked Saddam Hussein out of a par- look like a petty little maggot, but we Ms. NORTON, for 5 minutes, today. ticular region in the northeast corner contained the Soviet Union for many, Mr. DEFAZIO, for 5 minutes, today. of the country and al Qaeda has moved many decades, and we should think Mr. MCDERMOTT, for 5 minutes, in. about that in regard to Saddam Hus- today. It is a great irony. We have seen the sein. But we have this moral leader- (The following Members (at the re- sort of picture of what Iraq is going to ship, and we wear the cloak of moral quest of Mr. TANCREDO) to revise and look like in a post-Saddam Hussein leadership in the world, and we are extend their remarks and include ex- world. Because in this corner of chaos, looked to all over the world for leader- traneous material:) where there is no state, it is like a lit- ship. The Statue of Liberty is not just Mr. RENZI, for 5 minutes, today. tle Afghanistan about a decade ago. about immigration. That flame is Mr. FOLEY, for 5 minutes, today. The fundamentalist Islamic movement about leading the world in a lot of Mr. TANCREDO, for 5 minutes, today. has moved in and this group has now ways, not just economically. Mr. HENSARLING, for 5 minutes, got about 700 fighters that are group- It is my belief that should we go it today. ing in Iraq. Not under or allied with alone, largely alone, which is the posi- Mr. PENCE, for 5 minutes, today. Saddam Hussein, but they are using tion we are in at the moment, if there (The following Member (at his own the absence, this vacancy, this vacuum is a lack of success developing an inter- request) to revise and extend his re- of state control to regroup and poten- national coalition, which there has marks and include extraneous mate- tially plan attacks against the United been a spectacular failure at this mo- rial:) States of America. By creating a cha- ment, if we act without United Nations Mr. NEY, for 5 minutes, today. otic situation in Iraq, we not only in- sanctioning, we will have damaged our f spire the hatred which we have heard ability to fulfill the destiny of America ADJOURNMENT so many people talk about of young to lead the world to a new civilization Mr. INSLEE. Mr. Speaker, I move Muslim folks in the Mideast, but we internationally, not just along the bor- that the House do now adjourn. will provide them a place to group, ders of our country. That is why it is so The motion was agreed to; accord- which is in a vacuum of what used to important for us to work with the ingly (at 7 p.m.), under its previous be Iraq. international community to maintain order, the House adjourned until Mon- It has been said by many people that what we have right now, which is the day, March 17, 2003, at noon. a war in Iraq could be sort of the great admiration of the world. dream of Osama bin Laden. Because no Think about what has happened in f Osama bin Laden is going to bring the last 12 months, where in the weeks EXECUTIVE COMMUNICATIONS, down the United States in his wildest following September 11 the world em- ETC. imagination. His dream is to incite a braced us. There were headlines around Under clause 8 of rule XII, executive war between the West and Muslim na- the world in various newspapers. We tions. And his dream can only be ac- communications were taken from the were all Americans. Think how far that complished in one possible way, and Speaker’s table and referred as follows: has changed because of the reaction that is if the United States acts in a 1130. A letter from the Congressional Re- against the United States and this ad- way which will prove to folks in the view Coordinator, Department of Agri- ministration acting so cavalierly in Muslim nations that in their view that culture, transmitting the Department’s final certain regards. It is disappointing. rule — Payments for Cattle and Other Prop- we intend a colonial empire in the Mid- But we can regain this. We can re- erty Because of Tuberculosis [Docket No. 00- dle East, which I do not believe we do. 105-2] (RIN: 0579-AB36) received March 7, 2003, But to them, having an occupied Mid- gain our position. We can continue to keep this tyrant in his box. We can pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- east Muslim nation, occupied for po- mittee on Agriculture. tentially years, and we have been in build an international coalition. We 1131. A letter from the Congressional Re- Germany for over 50, the ramifications can succeed in these inspections. We view Coordinator, Department of Agri- of the recruiting efforts of Osama bin can continue our no-fly zone. We culture, transmitting the Department’s final Laden are obvious. should continue to work with the rule — Unshu Oranges From Honshu Island, I cannot think of a single thing that international community. And in the Japan [Docket No. 02-108-1] received March 7, could potentially allow the regrouping days ahead, we hope that the President 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the will listen to the American people and Committee on Agriculture. of the al Qaeda network other than a 1132. A letter from the Acting Principal war with Iraq, eventually. This is truly the voices from around the world in Deputy Associate Administrator, Environ- one battle we could win but lose the doing that, because that is America’s mental Protection Agency, transmitting the war. That is why war does not always destiny. Agency’s final rule — Aluminum tris (O- buy more security. Sometimes it buys ethylphosphonate); Pesticide Tolerance less, even if you win the first battle. f [OPP-2002-0348; FRL-7292-6] received March 6, And I think we should think about 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. that. LEAVE OF ABSENCE Tenth. What would a largely unilat- 1133. A letter from the Acting Principal Deputy Associate Administrator, Environ- eral war do to America’s moral leader- By unanimous consent, leave of ab- sence was granted to: mental Protection Agency, transmitting the ship in the world? I will close on this Agency’s final rule — 1,3 Benzene point, because I think it could be the Ms. DEGETTE (at the request of Ms. Dicarboxylic Acid, 5-Sulfo-, 1,3-Dimethyl most important for the long-term fu- PELOSI) for today on account of a fam- Ester, Sodium Salt, Polymer with 1,3-Ben- ture of our Nation. ily emergency. zene Dicarboxylic Acid, 1,4-Benzene

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MR7.140 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1899 Dicarboxylic Acid, Dimethyl 1,4-Benzene Agency’s final rule — National Emission mental Protection Agency, transmitting the Dicarboxylate and 1,2-Ethanediol; Tolerance Standards for Hazardous Air Pollutants: Sur- Agency’s final rule — National Emission Exemption [OPP-2003-0037; FRL-7290-9] re- face Coating of Wood Building Products Standards for Hazardous Air Pollutants: Hy- ceived March 4, 2003, pursuant to 5 U.S.C. [OAR-2003-0002-FRL-7462-2] (RIN: 2060-AH02) drochloric Acid Production [OAR-2002-0057; 801(a)(1)(A); to the Committee on Agri- received March 6, 2003, pursuant to 5 U.S.C. FRL-7460-1] (RIN: 2060-AH75) received March culture. 801(a)(1)(A); to the Committee on Energy and 4, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to 1134. A letter from the Acting Principal Commerce. the Committee on Energy and Commerce. Deputy Associate Administrator, Environ- 1143. A letter from the Acting Principal 1152. A letter from the Deputy Assistant mental Protection Agency, transmitting the Deputy Associate Administrator, Environ- Administrator for Regulatory Programs, Agency’s final rule — Pyriproxyfen; Pes- mental Protection Agency, transmitting the NMFS, National Oceanic and Atmospheric ticide Tolerance [OPP-2002-0345; FRL-7289-6] Agency’s final rule — National Emission Administration, transmitting the Adminis- received March 4, 2003, pursuant to 5 U.S.C. Standards for Hazardous Air Pollutants: tration’s final rule — Fisheries of the Exclu- 801(a)(1)(A); to the Committee on Agri- Printing, Coating, and Dyeing of Fabrics and sive Economic Zone Off Alaska; Gulf of Alas- culture. Other Textiles [OAR2003-0014-FRL-7461-9] ka; Final 2003 Harvest Specification for 1135. A letter from the Assistant Chief, (RIN: 2060-AG98) received March 6, 2003, pur- Groundfish [Docket No. 021122286-3036-02; I.D. Regulations and Administrative Law, USCG, suant to 5 U.S.C. 801(a)(1)(A); to the Com- 110602B] received March 7, 2003, pursuant to 5 Department of Transportation, transmitting mittee on Energy and Commerce. U.S.C. 801(a)(1)(A); to the Committee on Re- the Department’s final rule — Drawbridge 1144. A letter from the Acting Principal sources. Operation Regulation: Cheesequake Creek, Deputy Associate Administrator, Environ- 1153. A letter from the Deputy Assistant NJ [CGD01-03-003] received February 11, 2003, mental Protection Agency, transmitting the Administrator for Regulatory Programs, pursuant to pursuant to 5 U.S.C. 801(a) (1) Agency’s final rule — National Emission NMFS, National Oceanic and Atmospheric (A); to the Committee on Financial Services. Standards for Hazardous Air Pollutants: En- Administration, transmitting the Adminis- 1136. A letter from the Acting Principal gine Test Cells/Stands [OAR-2002-0040-FRL- tration’s final rule — Fisheries of the Exclu- Deputy Associate Administrator, Environ- 7461-4] (RIN: 2060-A174) received March 6, sive Economic Zone Off Alaska; Bering Sea mental Protection Agency, transmitting the 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Aleutian Islands; Final 2003 Harvest Agency’s final rule — National Emission Committee on Energy and Commerce. Specifications for Groundfish [Docket No. Standards for Hazardous Air Pollutants for 1145. A letter from the Acting Principal 021212307-3037-3037-02 I.D. 110602C] received Semiconductor Manufacturing [OAR-2002- Deputy Associate Administrator, Environ- March 7, 2003, pursuant to 5 U.S.C. 0086, FRL-7461-3] (RIN: 2060-AG93) received mental Protection Agency, transmitting the 801(a)(1)(A); to the Committee on Resources. March 6, 2003, pursuant to 5 U.S.C. Agency’s final rule — National Emission 1154. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Energy and Standards for Hazardous Air Pollutants: Re- FAA, Department of Transportation, trans- Commerce. inforced Plastic Composites Production mitting the Department’s final rule — Air- 1137. A letter from the Acting Principal [OAR-2002-0003: FRL-7461-7] (RIN: 2060-AE79) worthiness Directives; Boeing Model 777 Se- Deputy Associate Administrator, Environ- received March 6, 2003, pursuant to 5 U.S.C. ries Airplanes Equipped with Rolls-Royce mental Protection Agency, transmitting the 801(a)(1)(A); to the Committee on Energy and Model Trent 800 Series Engines [Docket No. Agency’s final rule — National Emission Commerce. 2002-NM-318-AD; Amendment 39-13027; AD 1146. A letter from the Acting Principal Standards for Hazardous Air Pollutants: As- 2003-03-03] (RIN: 2120-AA64) received Feb- Deputy Associate Administrator, Environ- phalt Processing and Asphalt Roofing Manu- ruary 11, 2003, pursuant to 5 U.S.C. mental Protection Agency, transmitting the facturing [OAR-2002-0035; FRL-7461-8] (RIN: 801(a)(1)(A); to the Committee on Transpor- Agency’s final rule — Approval and Promul- 2060-AG66) received March 6, 2003, pursuant tation and Infrastructure. gation of State Plans For Designated Facili- to 5 U.S.C. 801(a)(1)(A); to the Committee on 1155. A letter from the Chief, Regulations ties and Pollutants: Rhode Island; Negative Energy and Commerce. and Administrative Law, USCG, Department Declaration [RI-1047a; FRL-7458-5] received 1138. A letter from the Acting Principal of Transportation, transmitting the Depart- March 6, 2003, pursuant to 5 U.S.C. Deputy Associate Administrator, Environ- ment’s final rule — Security Zones; San 801(a)(1)(A); to the Committee on Energy and mental Protection Agency, transmitting the Francisco Bay, California [COTP San Fran- Commerce. Agency’s final rule — National Emission 1147. A letter from the Acting Principal cisco Bay 03-002] (RIN: 2115-AA97) received Standards for Hazardous Air Pollutants for Deputy Associate Administrator, Environ- February 27, 2003, pursuant to 5 U.S.C. Coke Ovens: Pushing, Quenching, and Bat- mental Protection Agency, transmitting the 801(a)(1)(A); to the Committee on Transpor- tery Stacks [Docket ID No. OAR-2002-0085, Agency’s final rule — National Emission tation and Infrastructure. FRL-7462-3] (RIN: 2060-AH55) received March Standards for Hazardous Air Pollutants: 1156. A letter from the Chief, Regulations 6, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Rubber Tire Manufacturing [AD-FRL-7463-2] and Administrative Law, USCG, Department the Committee on Energy and Commerce. received March 6, 2003, pursuant to 5 U.S.C. of Transportation, transmitting the Depart- 1139. A letter from the Acting Principal 801(a)(1)(A); to the Committee on Energy and ment’s final rule — Drawbridge Operation Deputy Associate Administrator, Environ- Commerce. Regulation; Mississippi River, Iowa and Illi- mental Protection Agency, transmitting the 1148. A letter from the Acting Principal nois [CGD08-02-020] (RIN: 2115-AE47) received Agency’s final rule — National Emission Deputy Associate Administrator, Environ- February 27, 2003, pursuant to 5 U.S.C. Standards for Hazardous Air Pollutants for mental Protection Agency, transmitting the 801(a)(1)(A); to the Committee on Transpor- Brick and Structural Clay Products Manu- Agency’s final rule — Revisions to the Cali- tation and Infrastructure. facturing; and National Emission Standards fornia State Implementation Plan, Antelope 1157. A letter from the Paralegal Spe- for Hazardous Air Pollutants for Clay Ce- Valley Air Pollution Control District, Impe- cialist, FAA, Department of Transportation, ramics Manufacturing [OAR-2002-0054 and rial County Air Pollution Control District, transmitting the Department’s final rule — OAR-2002-0055, FRL-7459-9] (RIN: 2060-A167 and Monterey Bay Unified Air Pollution Airworthiness Directives; McDonnell Doug- and RIN: 2060-A168) received March 6, 2003, Control District [CA 245-0375a; FRL-7446-1] las Model MD-90-30 Airplanes [Docket No. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- received March 4, 2003, pursuant to 5 U.S.C. 2001-NM-172-AD; Amendment 39-13033; AD mittee on Energy and Commerce. 801(a)(1)(A); to the Committee on Energy and 2003-03-09] (RIN: 2120-AA64) received Feb- 1140. A letter from the Acting Principal Commerce. ruary 11, 2003, pursuant to 5 U.S.C. Deputy Associate Administrator, Environ- 1149. A letter from the Acting Principal 801(a)(1)(A); to the Committee on Transpor- mental Protection Agency, transmitting the Deputy Associate Administrator, Environ- tation and Infrastructure. Agency’s final rule — National Emission mental Protection Agency, transmitting the 1158. A letter from the Acting Principal Standards for Hazardous Air Pollutants for Agency’s final rule — National Emission Deputy Associate Administrator, Environ- Refractory Products Manufacturing [OAR- Standards for Hazardous Air Pollutants: In- mental Protection Agency, transmitting the 2002-0088, FRL-7462-6] (RIN: 2060-AG68) re- tegrated Iron and Steel Manufacturing Agency’s final rule — Effluent Limitations ceived March 6, 2003, pursuant to 5 U.S.C. [OAR-2002-0083; FRL-7460-2] (RIN: 2060-AG48) Guidelines, Pretreatment Standards, and 801(a)(1)(A); to the Committee on Energy and received March 4, 2003, pursuant to 5 U.S.C. New Source Performance Standards for the Commerce. 801(a)(1)(A); to the Committee on Energy and Pharmaceutical Manufacturing Point Source 1141. A letter from the Acting Principal Commerce. Category [FRL-7462-8] received March 6, 2003, Deputy Associate Administrator, Environ- 1150. A letter from the Acting Principal pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mental Protection Agency, transmitting the Deputy Associate Administrator, Environ- mittee on Transportation and Infrastruc- Agency’s final rule — National Emission mental Protection Agency, transmitting the ture. Standards for Hazardous Air Pollutants: Sur- Agency’s final rule — National Emission 1159. A letter from the Acting Principal face Coating of Metal Furniture [OAR-2002- Standards for Hazardous Air Pollutants: Deputy Associate Administrator, Environ- 0048-FRL-7462-1] (RIN: 2060-AG55) received Flexible Polyurethane Foam Fabrication Op- mental Protection Agency, transmitting the March 6, 2003, pursuant to 5 U.S.C. erations [OAR-2002-0080; FRL-7461-1] received Agency’s final rule — Modification of Na- 801(a)(1)(A); to the Committee on Energy and March 4, 2003, pursuant to 5 U.S.C. tional Pollutant Discharge Elimination Sys- Commerce. 801(a)(1)(A); to the Committee on Energy and tem (NPDES) Permit Deadline for Storm 1142. A letter from the Acting Principal Commerce. Water Discharges for Oil and Gas Deputy Associate Administrator, Environ- 1151. A letter from the Acting Principal Constuction Activity That Disturbs One to mental Protection Agency, transmitting the Deputy Associate Administrator, Environ- Five Acres of Land [7464-2] (RIN: 2040-AC82)

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\L13MR7.000 H13PT1 H1900 CONGRESSIONAL RECORD — HOUSE March 13, 2003 received March 6, 2003, pursuant to 5 U.S.C. of the Americas) in the Department of De- electricity to include landfill gas; to the 801(a)(1)(A); to the Committee on Transpor- fense, to provide for the establishment of a Committee on Ways and Means. tation and Infrastructure. joint congressional task force to conduct an By Mrs. CAPPS (for herself, Mr. LATOURETTE, Mr. WAXMAN, Mrs. f assessment of the kind of education and training that is appropriate for the Depart- LOWEY, Mr. BROWN of Ohio, Mr. REPORTS OF COMMITTEES ON ment of Defense to provide to military per- STARK, Ms. LOFGREN, Mr. GEORGE PUBLIC BILLS AND RESOLUTIONS sonnel of Latin American nations, and for MILLER of California, Ms. LINDA T. other purposes; to the Committee on Armed SANCHEZ of California, Ms. LORETTA Under clause 2 of rule XIII, reports of Services. SANCHEZ of California, Ms. LEE, Mr. committees were delivered to the Clerk By Mr. WELLER (for himself and Mr. PAYNE, Mr. RODRIGUEZ, Ms. CORRINE for printing and reference to the proper CROWLEY): BROWN of Florida, Mrs. MALONEY, Mr. calendar, as follows: H.R. 1259. A bill to amend the Internal Rev- KENNEDY of Rhode Island, Ms. NOR- Mr. BOEHNER: Committee on Education enue Code of 1986 to allow businesses to ex- TON, Mr. MORAN of Virginia, Mr. and the Workforce. H.R. 444. A bill to amend pense qualified security devices; to the Com- FRANK of Massachusetts, Ms. the Workforce Investment Act of 1998 to es- mittee on Ways and Means. DELAURO, Mr. PALLONE, Mr. GRIJALVA, Mr. HOLDEN, Mr. ABER- tablish a Personal Reemployment Accounts By Mr. UPTON (for himself, Ms. CROMBIE, Mr. FILNER, Mr. FROST, Mr. grant program to assist Americans in return- DEGETTE, Mr. GREENWOOD, Mr. LYNCH, Mr. HINCHEY, Mr. SERRANO, ing to work; with an amendment (Rept. 108– TOWNS, Mr. BILIRAKIS, and Mr. JOHN): H.R. 1260. A bill to amend the Federal Mr. MCGOVERN, Ms. KILPATRICK, Ms. 35). Referred to the Committee of the Whole Food, Drug, and Cosmetic Act to establish a CARSON of Indiana, Mr. BAIRD, Ms. House on the State of the Union. program of fees relating to animal drugs; to SLAUGHTER, Mr. BISHOP of New York, Mr. YOUNG of Alaska: Committee on the Committee on Energy and Commerce. Mrs. NAPOLITANO, Mr. OWENS, Mr. Transportation and Infrastructure. H.R. 875. By Mr. MCKEON (for himself and Mr. ACKERMAN, Ms. MILLENDER-MCDON- A bill to direct the Secretary of Transpor- BOEHNER): ALD, Ms. MCCOLLUM, Mr. DOGGETT, tation to make grants for security improve- H.R. 1261. A bill to enhance the workforce Mr. KUCINICH, Ms. SCHAKOWSKY, Mr. ments to over-the-road bus operations, and investment system of the Nation by RANGEL, Ms. WOOLSEY, Mr. MCNULTY, for other purposes (Rept. 108–36). Referred to strengthening one-stop career centers, pro- Mr. FATTAH, Mr. REYES, Mr. KILDEE, the Committee of the Whole House on the viding for more effective governance ar- Mr. DAVIS of Illinois, Mr. GUTIERREZ, State of the Union. rangements, promoting access to a more Mr. FALEOMAVAEGA, Mr. CLYBURN, f comprehensive array of employment, train- Mr. BOSWELL, Mr. MCDERMOTT, and ing, and related services, establishing a tar- Mr. CASE): PUBLIC BILLS AND RESOLUTIONS geted approach to serving youth, and im- H.R. 1267. A bill to amend the Public Under clause 2 of rule XII, public proving performance accountability, and for Health Service Act, the Social Security Act, bills and resolutions were introduced other purposes; to the Committee on Edu- and chapter 89 of title 5, United States Code, and severally referred, as follows: cation and the Workforce. to provide research on the health impact and By Mr. FOLEY: prevention of family violence; to provide By Mr. EVANS (for himself, Ms. CAR- H.R. 1262. A bill to implement or enhance training for health care professionals, behav- SON of Indiana, and Mr. MICHAUD): consistent AMBER Alert plans throughout ioral and public health staff, and community H.R. 1256. A bill to amend title 38, United the country; to the Committee on the Judici- health centers regarding identification and States Code, to provide for the annual place- ary. treatment for families experiencing family ment of memorials honoring the service in By Mr. ACEVEDO-VILA (for himself, violence; and to provide coverage for domes- the Armed Forces of veterans who, at the Mr. LAMPSON, Mr. FOLEY, Ms. VELAZ- tic violence identification and treatment time of death, were homeless or indigent; to QUEZ, Mr. GUTIERREZ, Mr. SERRANO, under the Maternal and Child Health Serv- the Committee on Veterans’ Affairs. Mr. PALLONE, Mr. CRAMER, Mr. ices Block Grant Program, the Medicaid Pro- By Mr. EVANS (for himself, Mr. FROST, Mr. WICKER, Mr. SCHIFF, Mr. gram, the Federal Employees Health Bene- MICHAUD, Mr. FILNER, Mr. GUTIERREZ, CONYERS, Mr. ROGERS of Michigan, fits Program, and the Community Health Ms. CORRINE BROWN of Florida, Mr. Mr. CHABOT, Mr. SHUSTER, Mr. Centers Program; to the Committee on En- RODRIGUEZ, Mr. REYES, Mr. STRICK- ISAKSON, Mr. BOEHLERT, Mrs. ergy and Commerce, and in addition to the LAND, Mr. UDALL of New Mexico, Mr. CHRISTENSEN, Ms. JACKSON-LEE of Committee on Government Reform, for a pe- RYAN of Ohio, Mr. SANDERS, Mr. Texas, and Mr. DUNCAN): riod to be subsequently determined by the HOLDEN, Mrs. DAVIS of California, H.R. 1263. A bill to require that certain Speaker, in each case for consideration of and Ms. WATERS): procedures are followed in Federal buildings such provisions as fall within the jurisdic- H.R. 1257. A bill to amend title 38, United when a child is reported missing; to the Com- tion of the committee concerned. States Code, to make permanent the author- mittee on Transportation and Infrastruc- By Mr. CONYERS: ity for qualifying members of the Selected ture, and in addition to the Committee on H.R. 1268. A bill to amend the Toxic Sub- stances Control Act, the Internal Revenue Reserve to have access to home loans guar- the Judiciary, for a period to be subse- Code of 1986, and the Public Buildings Act of anteed by the Secretary of Veterans Affairs quently determined by the Speaker, in each 1959 to protect human health from toxic and to provide for uniformity in fees charged case for consideration of such provisions as mold, and for other purposes; to the Com- qualifying members of the Selected Reserve fall within the jurisdiction of the committee and active duty veterans for such home mittee on Energy and Commerce, and in ad- concerned. dition to the Committees on Financial Serv- loans; to the Committee on Veterans’ Af- By Mr. BACA (for himself, Mr. ORTIZ, fairs. ices, Ways and Means, and the Judiciary, for Mr. ACEVEDO-VILA, Mr. TERRY, Mr. a period to be subsequently determined by By Mr. MCGOVERN (for himself, Mr. SOUDER, Mr. FROST, Mrs. JONES of the Speaker, in each case for consideration SHAYS, Mr. OBERSTAR, Mr. LAHOOD, Ohio, Mr. MCGOVERN, Mr. CUMMINGS, of such provisions as fall within the jurisdic- Mr. MOORE, Mr. ENGLISH, Mr. HIN- Mrs. NAPOLITANO, Mrs. LOWEY, and tion of the committee concerned. CHEY, Mr. QUINN, Mr. WEXLER, Mr. Mr. RAHALL): By Mr. COSTELLO (for himself, Mr. PAUL, Mr. LYNCH, Mr. BOEHLERT, Mr. H.R. 1264. A bill to provide for reduction in BOUCHER, Mr. WHITFIELD, Mr. MCNULTY, Mr. KILDEE, Mr. KLECZKA, the backlog of claims for benefits pending SHIMKUS, Mr. LIPINSKI, and Mr. MOL- Mr. RAHALL, Ms. LOFGREN, Mr. with the Department of Veterans Affairs; to LOHAN): DELAHUNT, Mr. GRIJALVA, Mr. EVANS, the Committee on Veterans’ Affairs. H.R. 1269. A bill to provide for research, de- Ms. BALDWIN, Mr. DEFAZIO, Mr. By Ms. GINNY BROWN-WAITE of Flor- velopment, and demonstration on coal and OLVER, Mr. MCDERMOTT, Mr. FRANK ida: related technologies, and for other purposes; of Massachusetts, Ms. SCHAKOWSKY, H.R. 1265. A bill to provide, upon the re- to the Committee on Science. Ms. SLAUGHTER, Mr. UDALL of Colo- quest of a qualifying person, for the removal By Mr. CRANE (for himself, Mr. CAMP, rado, Mr. WATT, Ms. WOOLSEY, Mr. of the remains of any United States Mr. ENGLISH, Mr. LEWIS of Kentucky, DOGGETT, Mr. LEVIN, Mr. COSTELLO, servicemember or other person interred in an Mr. JEFFERSON, and Mr. VITTER): Ms. HOOLEY of Oregon, Mr. SANDERS, American Battle Monuments Commission H.R. 1270. A bill to amend the Internal Rev- Ms. LEE, Mr. SERRANO, Mr. SABO, Ms. cemetery located in France or Belgium and enue Code of 1986 to clarify the status of em- MCCOLLUM, Mr. MARKEY, Ms. NOR- for the transportation of such remains to a ployee leasing organizations and to promote TON, Mr. HOLT, Mr. BLUMENAUER, Mr. location in the United States for reinter- and protect the interests of employee leasing KUCINICH, Mr. CAPUANO, Mr. RUSH, ment; to the Committee on Veterans’ Af- organizations, their customers, and workers; Mr. GUTIERREZ, Mr. GEORGE MILLER fairs. to the Committee on Ways and Means. of California, Mr. PALLONE, and Mr. By Mr. CAMP (for himself and Mr. By Mr. CUNNINGHAM (for himself, Mr. ALLEN): FOLEY): MARKEY, Mr. CRANE, and Mr. MAT- H.R. 1258. A bill to repeal the statutory au- H.R. 1266. A bill to amend the Internal Rev- SUI): thority for the Western Hemisphere Institute enue Code of 1986 to modify the credit for the H.R. 1271. A bill to amend the Internal Rev- for Security Cooperation (the successor in- production of fuel from nonconventional enue Code of 1986 to provide incentives to in- stitution to the United States Army School sources and the credit for the production of troduce new technologies to reduce energy

VerDate Dec 13 2002 04:33 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\L13MR7.000 H13PT1 March 13, 2003 CONGRESSIONAL RECORD — HOUSE H1901 consumption in buildings; to the Committee 1974 to extend the discretionary spending By Mr. PALLONE: on Ways and Means. caps and the pay-as-you-go requirement, and H.R. 1286. A bill to prohibit the commercial By Mr. DINGELL (for himself, Mr. for other purposes; to the Committee on the harvesting of Atlantic striped bass in the WAXMAN, Mr. MARKEY, Mr. BOUCHER, Budget, and in addition to the Committee on coastal waters and the exclusive economic Mr. TOWNS, Mr. PALLONE, Mr. RUSH, Rules, for a period to be subsequently deter- zone; to the Committee on Resources. Mr. ENGEL, Ms. DEGETTE, Mrs. mined by the Speaker, in each case for con- By Mr. PAUL: CAPPS, Ms. SCHAKOWSKY, Ms. SOLIS, sideration of such provisions as fall within H.R. 1287. A bill to amend the Internal Rev- Mr. INSLEE, Ms. MCCOLLUM, Ms. LEE, the jurisdiction of the committee concerned. enue Code of 1986 to make health care cov- Ms. NORTON, and Ms. KILPATRICK): By Mr. HULSHOF (for himself, Mr. erage more accessible and affordable; to the H.R. 1272. A bill to prohibit fraudulent, ma- POMEROY, Mr. LEWIS of Kentucky, Committee on Ways and Means. nipulative, or deceptive acts in electric and Mr. KENNEDY of Minnesota, Mr. By Ms. PRYCE of Ohio (for herself, natural gas markets, to provide for audit WELLER, Mr. LIPINSKI, Mrs. EMERSON, Mrs. MYRICK, Mr. GREENWOOD, Mr. trails and transparency in those markets, to Mr. SKELTON, Mr. SHIMKUS, Mr. TANCREDO, Mr. HOUGHTON, Mr. KING increase penalties for illegal acts under the BERRY, Mr. RYUN of Kansas, Mr. of New York, Mr. GOODE, Mr. CASTLE, Federal Power Act and Natural Gas Act, to MCINTYRE, Mr. JOHNSON of Illinois, Mr. HYDE, Mr. WAMP, Mr. SHUSTER, reexamine certain exemptions under the Mr. PAYNE, Mr. REHBERG, Mr. Mr. SHIMKUS, Mr. PORTMAN, Mr. Federal Power Act and the Public Utility COSTELLO, Mr. HOSTETTLER, Mr. PE- LATOURETTE, Mrs. BIGGERT, Mr. Holding Company Act of 1935, to expand the TERSON of Minnesota, Mr. LAHOOD, LOBIONDO, Mr. HOBSON, Mr. BURTON authority of the Federal Energy Regulatory Mr. ROSS, Mr. LEACH, Mr. ANDREWS, of Indiana, Mr. TIAHRT, Mr. SMITH of Commission to order refunds of unjust and Mr. BEREUTER, Mr. GILCHREST, and Michigan, Mr. WOLF, Mr. BACHUS, Ms. discriminatory rates, and for other purposes; Mr. ETHERIDGE): DEGETTE, Mrs. CAPPS, Mr. ISRAEL, to the Committee on Energy and Commerce. H.R. 1279. A bill to amend the Internal Rev- Ms. LEE, Mr. UDALL of New Mexico, By Mr. DOOLEY of California (for him- enue Code of 1986 to provide tax incentives Mrs. MALONEY, Mr. JOHN, Mr. GREEN self, Mr. CARDOZA, Mr. LEWIS of Cali- for the use of biodiesel as a fuel; to the Com- of Texas, Mr. LIPINSKI, Mr. POMEROY, fornia, Mr. MATSUI, and Mr. NUNES): mittee on Ways and Means, and in addition Mr. TURNER of Texas, Ms. BALDWIN, H.R. 1273. A bill to designate a United to the Committee on Agriculture, for a pe- Mr. STRICKLAND, Mr. PALLONE, Mr. States courthouse to be constructed in Fres- riod to be subsequently determined by the PASCRELL, Ms. BERKLEY, Mr. HOLT, no, California, as the ‘‘Robert E. Coyle Speaker, in each case for consideration of Mr. FROST, Mr. SERRANO, Mrs. United States Courthouse‘‘; to the Com- such provisions as fall within the jurisdic- LOWEY, Mr. MURTHA, Mr. MCINTYRE, mittee on Transportation and Infrastruc- tion of the committee concerned. Mr. INSLEE, Mr. MOORE, Mr. CARSON ture. By Mr. KING of New York (for himself, of Oklahoma, Mr. LUCAS of Ken- tucky, Mr. MEEHAN, Mr. GEORGE MIL- By Mr. DOOLEY of California (for him- Mr. OXLEY, and Mrs. MALONEY): self, Mr. CARDOZA, Mr. NUNES, and H.R. 1280. A bill to reauthorize the Defense LER of California, Mr. BROWN of Ohio, Mr. RADANOVICH): Production Act of 1950, and for other pur- and Mr. BURGESS): H.R. 1288. A bill to amend title XVIII of the H.R. 1274. A bill to direct the Adminis- poses; to the Committee on Financial Serv- trator of General Services to convey to Fres- Social Security Act to provide for coverage ices. under the Medicare Program of all oral no County, California, the existing Federal By Mr. KING of New York: courthouse in that county; to the Committee anticancer drugs; to the Committee on En- H.R. 1281. A bill to amend the Professional on Transportation and Infrastructure. ergy and Commerce, and in addition to the Boxing Safety Act of 1996, and to establish By Mr. FROST: Committee on Ways and Means, for a period the United States Boxing Administration; to H.R. 1275. A bill to amend the Immigration to be subsequently determined by the Speak- the Committee on Education and the Work- and Nationality Act to change the require- er, in each case for consideration of such pro- force, and in addition to the Committee on ments for naturalization to citizenship visions as fall within the jurisdiction of the Energy and Commerce, for a period to be through service in the Armed Forces of the committee concerned. subsequently determined by the Speaker, in United States; to the Committee on the Ju- By Mr. RADANOVICH (for himself and each case for consideration of such provi- diciary. Mr. CARDOZA): sions as fall within the jurisdiction of the By Ms. HARRIS (for herself, Mr. ROG- H.R. 1289. A bill to establish the National committee concerned. ERS of Michigan, Mr. OXLEY, Mr. NEY, Parks Institute at the University of Cali- By Ms. LOFGREN (for herself, Mr. fornia, Merced, and for other purposes; to the Mr. DAVIS of Alabama, Mr. MURPHY, NETHERCUTT, Mr. HOLT, Mr. Committee on Education and the Workforce, Mr. BACHUS, Mr. BAKER, Mr. BARRETT CUNNINGHAM, Mr. ISSA, Ms. LEE, Mrs. and in addition to the Committee on Re- of South Carolina, Mr. BEREUTER, TAUSCHER, Mr. HALL, Mr. MCGOVERN, sources, for a period to be subsequently de- Mrs. BIGGERT, Mr. BOEHLERT, Mr. Mr. MATSUI, Mr. BERMAN, Mrs. termined by the Speaker, in each case for CASTLE, Mr. EMANUEL, Mr. GILLMOR, CAPPS, Mr. SCHIFF, Mr. PASCRELL, consideration of such provisions as fall with- Mr. GREEN of Wisconsin, Ms. HART, Mr. EHLERS, Mr. CAPUANO, Mr. in the jurisdiction of the committee con- Mr. JONES of North Carolina, Mrs. LAMPSON, Mr. OLVER, Mr. HONDA, cerned. KELLY, Mr. LATOURETTE, Mr. LEACH, Mrs. DAVIS of California, Mr. CAL- By Mr. SCHIFF (for himself, Mr. Mr. LEWIS of Kentucky, Mr. MAN- VERT, Mr. FRANK of Massachusetts, FRANK of Massachusetts, Mr. MCGOV- ZULLO, Mr. GARY G. MILLER of Cali- Mr. FILNER, Mr. STARK, Mr. ED- ERN, Ms. CORRINE BROWN of Florida, fornia, Mrs. CAPITO, Mr. RENZI, Mr. WARDS, Mr. GREEN of Texas, Mrs. and Ms. WOOLSEY): RYUN of Kansas, Mr. SCOTT of Geor- BONO, Mr. MARKEY, and Mr. LYNCH): H.R. 1290. A bill to authorize the President gia, Mr. SHADEGG, Mr. SHAYS, Mr. H.R. 1282. A bill to authorize the Secretary to establish military tribunals to try the ter- TIBERI, and Mr. WILSON of South rorists responsible for the September 11, 2001 Carolina): of Energy to cooperate in the international magnetic fusion burning plasma experiment, attacks against the United States, and for H.R. 1276. A bill to provide downpayment other purposes; to the Committee on Armed assistance under the HOME Investment or alternatively to develop a plan for a do- mestic burning plasma experiment, for the Services, and in addition to the Committee Partnerships Act, and for other purposes; to on the Judiciary, for a period to be subse- the Committee on Financial Services. purpose of accelerating the scientific under- standing and development of fusion as a long quently determined by the Speaker, in each By Mr. HAYWORTH (for himself, Mr. case for consideration of such provisions as term energy source; to the Committee on BECERRA, and Mrs. BONO): fall within the jurisdiction of the committee Science. H.R. 1277. A bill to amend the Internal Rev- concerned. By Mr. MEEKS of New York: enue Code of 1986 to allow a deduction for By Mr. UDALL of Colorado: ground rent paid on land on which a quali- H.R. 1283. A bill to protect automobile con- H.R. 1291. A bill to amend the Public fied residence of a taxpayer is located and sumers by requiring complete disclosure and Health Service Act to include State high which is allotted or Indian-owned land; to warranty of any add-ons included with the risk pool insurance programs in the list of the Committee on Ways and Means. sale of new automobiles; to the Committee covered entities that receive reductions in By Mr. HILL (for himself, Mr. TAYLOR on Energy and Commerce. the prices charged for prescription drugs of Mississippi, Mr. BERRY, Mr. By Mrs. NAPOLITANO (for herself, Mr. under the prescription drug pricing agree- MOORE, Mr. SANDLIN, Mr. STENHOLM, DREIER, and Ms. SOLIS): ments under section 340B of that Act; to the Mr. TURNER of Texas, Mr. HOLDEN, H.R. 1284. A bill to amend the Reclamation Committee on Energy and Commerce. Mr. MATHESON, Mr. THOMPSON of Projects Authorization and Adjustment Act By Mr. UDALL of Colorado (for himself California, Mr. PETERSON of Min- of 1992 to increase the Federal share of the and Mr. PICKERING): nesota, Ms. LORETTA SANCHEZ of Cali- costs of the San Gabriel Basin demonstra- H.R. 1292. A bill to encourage the develop- fornia, Mr. MICHAUD, Mr. SCHIFF, tion project; to the Committee on Resources. ment and integrated use by the public and Mrs. TAUSCHER, Mr. TANNER, Mr. By Ms. NORTON: private sectors of remote sensing and other JOHN, and Ms. HARMAN): H.R. 1285. A bill to provide for full voting geospatial information, and for other pur- H.R. 1278. A bill to amend the Balanced representation in Congress for the citizens of poses; to the Committee on Science. Budget and Emergency Deficit Control Act the District of Columbia, and for other pur- By Mr. UDALL of Colorado (for himself of 1985 and the Congressional Budget Act of poses; to the Committee on the Judiciary. and Mr. FROST):

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H.R. 1293. A bill to authorize the Small dividuals with mental retardation or other H.R. 343: Ms. BORDALLO. Business Administration and the Depart- developmental disabilities is at serious risk H.R. 362: Mr. FORBES, Mr. GREENWOOD, Mr. ment of Agriculture to assist farmers and because of the crisis in recruiting and retain- QUINN, Mr. ORTIZ, Mr. FATTAH, Mr. WYNN, ranchers seeking to develop and implement ing direct support professionals, which im- Mr. MEEHAN, Mr. SNYDER, Mr. HOEFFEL, Mr. agricultural innovation plans in order to in- pedes the availability of a stable, quality di- PUTNAM, Mr. ISAKSON, Mr. PLATTS, Mr. crease their profitability in ways that pro- rect support workforce; to the Committee on HINOJOSA, Mr. TANCREDO, Mr. ENGLISH, Mr. vide environmental benefits, and for other Education and the Workforce. GIBBONS, and Mr. ADERHOLT. purposes; to the Committee on Small Busi- By Mr. CAPUANO (for himself, Mr. H.R. 375: Mr. BLUNT. ness, and in addition to the Committee on BILIRAKIS, Mr. DAVIS of Illinois, Mr. H.R. 380: Mr. MCKEON. Agriculture, for a period to be subsequently TOWNS, Mr. OLVER, Mr. DOYLE, Mr. H.R. 412: Mr. OLVER, Ms. JACKSON-LEE of determined by the Speaker, in each case for SERRANO, Mr. MEEHAN, Mr. BELL, Mr. Texas, Ms. CARSON of Indiana, Ms. SLAUGH- consideration of such provisions as fall with- ABERCROMBIE, Mrs. MALONEY, Mr. TER, Mr. TURNER of Ohio, Mr. PRICE of North in the jurisdiction of the committee con- BERMAN, Mr. MCNULTY, Ms. SLAUGH- Carolina, Mr. CRAMER, Mr. NEAL of Massa- cerned. TER, Mr. CASE, Mr. LAHOOD, Mr. KIL- chusetts, Mr. CAPUANO, Mr. GREENWOOD, Mr. By Mr. UDALL of New Mexico (for DEE, Ms. LEE, Ms. JACKSON-LEE of WEINER, Mr. TURNER of Texas, Mr. SMITH of himself, Mr. UDALL of Colorado, Mr. Texas, Mr. TIERNEY, Mr. MATSUI, Mr. Washington, Mr. PLATTS, Mr. SHAYS, Mr. WAXMAN, Mr. GEORGE MILLER of Cali- BROWN of Ohio, Mr. GREENWOOD, Ms. ISSA, Mr. HINOJOSA, Mr. NADLER, Mr. SNY- fornia, Mr. TIERNEY, Mr. OWENS, Mr. BALDWIN, Mr. RANGEL, Mr. UDALL of DER, Mr. LIPINSKI, Mr. HUNTER, Mr. DOOLEY HINCHEY, Mr. CARDIN, Mr. BERMAN, New Mexico, Mr. MCINTYRE, Mr. of California, Mr. HINCHEY, Mr. FATTAH, Mr. Mr. LEACH, and Mr. PALLONE): WAXMAN, Mr. ROSS, Mr. CONYERS, Mr. SOUDER, and Ms. WATERS. H.R. 1294. A bill to amend title VI of the LYNCH, Mr. SIMMONS, Mr. NORWOOD, H.R. 432: Mr. VAN HOLLEN. Public Utility Regulatory Policies Act of Mr. DOOLEY of California, Mr. FRANK H.R. 434: Mr. BAKER, Mr. LAHOOD, Mr. 1978 to establish a Federal renewable energy of Massachusetts, Mr. STENHOLM, Mr. TIBERI, Mr. PITTS, Mr. BONNER, and Mr. portfolio standard for certain retail electric SCOTT of Virginia, Ms. ROYBAL-AL- BOEHLERT. utilities, and for other purposes; to the Com- LARD, and Mr. FILNER): H.R. 436: Ms. LEE. mittee on Energy and Commerce. H. Res. 142. A resolution to express the H.R. 442: Mr. LARSEN of Washington, Mr. By Ms. WOOLSEY (for herself, Mr. sense of the House of Representatives that RYAN of Ohio, and Mr. OSBORNE. H.R. 466: Mr. GREENWOOD and Mr. BRADLEY MCNULTY, Mr. FRANK of Massachu- the Federal investment in programs that of New Hampshire. setts, Mr. KILDEE, Mr. FROST, Mr. provide health care services to uninsured and H.R. 489: Mr. EVERETT and Mr. TANCREDO. HONDA, Mr. CONYERS, Ms. JACKSON- low-income individuals in medically under- H.R. 490: Mr. JENKINS, Mr. UDALL of Colo- LEE of Texas, Mr. SERRANO, Mr. RYAN served areas should be increased to serve rado, and Mr. GILLMOR. of Ohio, Mr. ABERCROMBIE, Ms. WAT- 20,000,000 individuals by 2006; to the Com- H.R. 496: Mr. CANNON. SON, Mr. OWENS, and Mr. SANDERS): mittee on Energy and Commerce. H.R. 501: Mr. DAVIS of Illinois. H.R. 1295. A bill to provide for coverage of By Mr. FROST (for himself and Mr. H.R. 502: Mr. ISAKSON. diabetic foot sore apparatus as items of dura- LAMPSON): H.R. 503: Mr. LEWIS of Kentucky. ble medical equipment under the Medicare H. Res. 143. A resolution providing for con- H.R. 528: Mr. ROTHMAN. Program; to the Committee on Energy and sideration of the bill (S. 121) to enhance the H.R. 578: Mr. SHAW, Mr. HERGER, Mr. Commerce, and in addition to the Committee operation of the AMBER Alert communica- ENGLISH, Mr. WELLER, Mr. BACHUS, Mr. on Ways and Means, for a period to be subse- tions network in order to facilitate the re- GRAVES, Mr. MORAN of Kansas, and Mr. WIL- quently determined by the Speaker, in each covery of abducted children, to provide for SON of South Carolina. case for consideration of such provisions as enhanced notification on highways of alerts H.R. 583: Mrs. MUSGRAVE, Mr. CROWLEY, fall within the jurisdiction of the committee and information on such children, and for Mr. PETERSON of Pennsylvania, Mr. OSBORNE, concerned. other purposes; to the Committee on Rules. Mr. MCINNIS, Mr. KIRK, Mr. CANTOR, Mr. By Mr. WU: By Mr. WU: BROWN of South Carolina, Mr. BEAUPREZ, Mr. H.R. 1296. A bill to amend the Internal Rev- H. Res. 144. A resolution to express the TANCREDO, Mr. KING of Iowa, Mr. CRAMER, enue Code of 1986 to repeal the dollar limita- sense of the House of Representatives that Mr. PUTNAM, Ms. HART, Mr. GREEN of Wis- tion on the deduction of interest on edu- the maximum Pell Grant should be increased consin, Mr. LUCAS of Kentucky, Mr. TIBERI, cation loans; to the Committee on Ways and to $5,800; to the Committee on Education and Mrs. CAPITO, Mr. GRAVES, Mr. PENCE, Mr. Means. the Workforce. BONILLA, and Mr. BAKER. By Mr. YOUNG of Florida: H.R. 591: Mr. FILNER. H.R. 1297. A bill to require the construction f H.R. 594: Mr. TIERNEY, Ms. NORTON, Mr. at Arlington National Cemetery of a memo- ADDITIONAL SPONSORS DELAHUNT, Mr. SESSIONS, Mrs. JOHNSON of rial to the crew of the Columbia Orbiter; to Connecticut, Mr. CRAMER, and Mr. MEEHAN. the Committee on Veterans’ Affairs, and in Under clause 7 of rule XII, sponsors H.R. 611: Mr. SENSENBRENNER. addition to the Committee on Science, for a were added to public bills and resolu- tions as follows: H.R. 612: Mr. SENSENBRENNER. period to be subsequently determined by the H.R. 615: Mr. SENSENBRENNER. Speaker, in each case for consideration of H.R. 21: Mr. GORDON, Mr. BARRETT of South H.R. 616: Ms. GINNY BROWN-WAITE of Flor- such provisions as fall within the jurisdic- Carolina, Mr. CASE, and Ms. HART. ida. tion of the committee concerned. H.R. 23: Mr. EVERETT. H.R. 617: Ms. GINNY BROWN-WAITE of Flor- By Mr. CARTER: H.R. 57: Mr. GILLMOR. ida. H.J. Res. 39. A joint resolution proposing H.R. 58: Mr. LIPINSKI, Mr. BERMAN, Ms. H.R. 621: Mr. FOSSELLA, Mr. FROST, Mr. an amendment to the Constitution of the SOLIS, and Ms. DEGETTE. OWENS, Mr. LIPINSKI, Ms. SLAUGHTER, Mr. United States relative to references to God H.R. 75: Mr. CULBERSON. GEORGE MILLER of California, and Mr. RYAN in the Pledge of Allegiance and on United H.R. 100: Mr. MICHAUD. of Ohio. IPINSKI States coins and currency; to the Committee H.R. 120: Mr. L . H.R. 667: Mr. WU. on the Judiciary. H.R. 125: Mr. WU, Mr. THOMPSON of Mis- H.R. 678: Mr. BONNER and Mr. BISHOP of By Mr. SAM JOHNSON of Texas (for sissippi, Ms. SLAUGHTER, Ms. LEE, Mr. DAVIS Georgia. himself and Mr. HUNTER): of Illinois, Mr. DICKS, Mr. FRANK of Massa- H.R. 688: Mr. PORTER. H. Con. Res. 92. Concurrent resolution ex- chusetts, Mr. ANDREWS, and Ms. DEGETTE. H.R. 694: Mr. RYAN of Ohio. pressing the sense of the Congress regarding H.R. 141: Mr. WILSON of South Carolina. H.R. 713: Mr. WELDON of Florida, Mr. the need to invest a minimum of 4 percent of H.R. 217: Mr. LANTOS, Mr. FRANK of Massa- STRICKLAND, and Mrs. CUBIN. gross domestic product on national defense; chusetts, Mr. HASTINGS of Florida, Ms. LINDA H.R. 714: Mr. REHBERG. to the Committee on Armed Services. T. SANCHEZ of California, Mr. BROWN of H.R. 735: Mr. FERGUSON and Mr. WOLF. By Mr. MCKEON: South Carolina, Mr. MEEHAN, Mr. H.R. 743: Mr. PETERSON of Minnesota. H. Con. Res. 93. Concurrent resolution ex- FALEOMAVAEGA, Mr. SIMMONS, and Mr. WU. H.R. 767: Mr. CANTOR, Mr. HAYWORTH, Mr. pressing the sense of Congress that the H.R. 221: Mr. CONYERS, Mr. FARR, Mr. HERGER, and Mr. PENCE. President should renegotiate the extradition GUTIERREZ, Ms. EDDIE BERNICE JOHNSON of H.R. 768: Mr. PICKERING. treaty with Mexico so that the possibility of Texas, Ms. LEE, Mr. MCGOVERN, Mr. H.R. 771: Mr. CANTOR. capital punishment or life imprisonment will PASCRELL, Mr. TOWNS, Ms. WOOLSEY, and Mr. H.R. 775: Mr. NORWOOD. not interfere with the timely extradition of LANGEVIN. H.R. 784: Mr. RAHALL. criminal suspects from Mexico to the United H.R. 241: Mr. MICHAUD. H.R. 800: Mr. GILLMOR. States; to the Committee on International H.R. 282: Mr. GARRETT of New Jersey and H.R. 811: Mr. FROST. Relations. Mr. GUTKNECHT. H.R. 814: Mr. DICKS, Ms. NORTON, Mr. By Mr. SESSIONS (for himself and H.R. 303: Ms. SLAUGHTER, Mr. CASE, and LANGEVIN, Mr. DINGELL, Mr. FARR, Mr. WAX- Mrs. CAPPS): Mr. HALL. MAN, Mr. TERRY, Mr. COSTELLO, Ms. LINDA T. H. Con. Res. 94. Concurrent resolution ex- H.R. 308: Mr. HINCHEY, Ms. SCHAKOWSKY, SANCHEZ of California, Mrs. CAPPS, Mr. pressing the sense of the Congress that com- Mr. RYAN of Ohio, and Mr. JACKSON of Illi- HOLDEN, Mr. MATHESON, Mr. KUCINICH, Mr. munity inclusion and enhanced lives for in- nois. MCNULTY, Mr. MCGOVERN, and Mr. MOORE.

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H.R. 815: Mr. WOLF. H.R. 1093: Mr. MCCOTTER and Mr. CASE. LANTOS, Mr. LEACH, Ms. LEE, Mr. LEWIS of H.R. 830: Mr. GOODE. H.R. 1094: Ms. EDDIE BERNICE JOHNSON of Kentucky, Mr. LIPINSKI, Mr. LOBIONDO, Mrs. H.R. 839: Mr. LEWIS of Kentucky. Texas, Mr. LOBIONDO, Mr. RYAN of Ohio, Mr. LOWEY, Mr. LUCAS of Kentucky, Mr. LYNCH, H.R. 847: Mr. DAVIS of Illinois. OXLEY, Mr. LARSEN of Washington, and Mr. Mr. MANZULLO, Ms. MCCOLLUM, Mr. H.R. 850: Mr. BILIRAKIS, Mr. CAMP, Mr. KUCINICH. MCDERMOTT, Mr. MCGOVERN, Mr. MCHUGH, LATHAM, Mr. MANZULLO, and Mr. KLINE. H.R. 1095: Mr. FARR, Mr. CARSON of Okla- Mr. MCINTYRE, Mr. NEAL of Massachusetts, H.R. 858: Mr. SCOTT of Georgia and Mr. homa, Mr. MCHUGH, Mr. CARDOZA, Mr. ROHR- Mr. NEY, Mr. OBERSTAR, Mr. OLVER, Mr. UDALL of Colorado. ABACHER, Mr. GORDON, and Mr. ISSA. OTTER, Mr. PALLONE, Mr. PASTOR, Mr. PAUL, H.R. 872: Mr. HOSTETTLER. H.R. 1097: Mr. MCNULTY, Mr. LEVIN, Mr. Mr. PAYNE, Mr. PETRI, Mr. PLATTS, Mr. POM- H.R. 879: Mr. GOODE. COSTELLO, Ms. SOLIS, and Ms. ESHOO. H.R. 884: Mr. PORTER. EROY, Mr. RAHALL, Mr. REHBERG, Mr. H.R. 1104: Mr. DELAY, Mrs. CAPITO, Ms. H.R. 893: Mrs. MALONEY. RODRIGUEZ, Mr. ROGERS of Kentucky, Ms. H.R. 896: Ms. BORDALLO. DUNN, Mr. BRADY of Texas, Mr. FOLEY, Mr. ROS-LEHTINEN, Mr. ROTHMAN, Mr. SABO, Mr. H.R. 919: Mr. GEORGE MILLER of California, GOODLATTE, Mr. TERRY, Mr. BAKER, Mr. SANDERS, Mr. SAXTON, Ms. SCHAKOWSKY, Mr. Mr. MCGOVERN, and Mr. STUPAK. UPTON, Mr. MCCOTTER, and Mr. SIMMONS. SCHIFF, Mr. SCOTT of Virginia, Mr. SHAYS, H.R. 927: Mr. ENGLISH, Mr. WELLER, Mr. H.R. 1105: Mr. FARR. Mr. SHIMKUS, Mr. SIMMONS, Ms. SLAUGHTER, SHIMKUS, Mr. QUINN, Mr. BEREUTER, Mr. KEN- H.R. 1124: Mr. STRICKLAND. Mr. SMITH of Washington, Mr. SMITH of New ORDON NEDY of Minnesota, Mr. KOLBE, and Ms. H.R. 1130: Mr. G . Jersey, Mr. SNYDER, Mr. SOUDER, Mr. H.R. 1157: Mr. ABERCROMBIE, Mr. UDALL of GINNY BROWN-WAITE of Florida. TANCREDO, Mr. TAYLOR of Mississippi, Mr. New Mexico, Mr. PETERSON of Minnesota, H.R. 931: Mr. NORWOOD and Mr. LINDER. TERRY, Mr. TIAHRT, Mrs. JONES of Ohio, Mr. Mr. MANZULLO, Ms. CORRINE BROWN of Flor- H.R. 935: Mr. STARK, Mr. GUTIERREZ, Ms. TURNER of Texas, Mr. UDALL of Colorado, Mr. ida, Ms. ESHOO, and Mr. SABO. ROS-LEHTINEN, and Mr. ENGEL. WALSH, Mr. WAMP, Ms. WATSON, Mr. WEINER, H.R. 1160: Mr. BONNER, Mr. EVERETT, Mr. H.R. 936: Mr. ENGEL, Mr. GRIJALVA, Mr. Mr. WEXLER, Mr. WILSON of South Carolina, VITTER, Mr. LEWIS of Kentucky, Mr. NUNES, RYAN of Ohio, Mr. DAVIS of Illinois, and Mr. Mr. WHITFIELD, Ms. WOOLSEY, and Mr. WU. MCGOVERN. Mr. PETERSON of Minnesota, Ms. MCCOLLUM, H.J. Res. 4: Mr. ALEXANDER, Mr. BASS, Mr. H.R. 941: Mr. POMEROY and Mr. WHITFIELD. and Mr. JANKLOW. H.R. 946: Mrs. CUBIN. H.R. 1161: Mr. OSBORNE, Mr. SULLIVAN, Mr. FORBES, Mr. POMBO, Mr. TAUZIN, Mr. OTTER, H.R. 962: Mr. SANDERS, Mr. SCOTT of Geor- UPTON, Mr. TERRY, and Mr. MCCOTTER. Mr. BONNER, Mr. FRANKS of Arizona, and Mr. gia, Mr. CASTLE, Ms. WOOLSEY, Mr. FRANK of H.R. 1162: Mr. ISRAEL. HAYES. Massachusetts, and Mr. LEVIN. H.R. 1165: Ms. WATSON. H.J. Res. 26: Mr. CARSON of Oklahoma and H.R. 965: Ms. WATERS, Mr. DEUTSCH, Mr. H.R. 1175: Mr. PITTS, Mr. HENSARLING, and Mr. SULLIVAN. WAXMAN, and Mrs. LOWEY. Mr. BEAUPREZ. H. Con. Res. 26: Mrs. NORTHUP and Mr. KIL- H.R. 966: Mr. FILNER. H.R. 1196: Mr. LEACH. DEE. H.R. 967: Mr. FRANK of Massachusetts, Mr. H.R. 1199: Mr. PASTOR and Mr. SNYDER. CROWLEY, Mr. PICKERING, Mr. GORDON, Mr. H.R. 1200: Mr. CARSON of Indiana, and Ms. H. Con. Res. 48: Mr. SESSIONS. OLVER, Mr. GRAVES, Mr. DAVIS of Alabama, LINDA T. SANCHEZ of California. H. Con. Res. 49: Mr. PITTS, Mr. BURGESS, Mr. LIPINSKI, Mr. PASTOR, Mr. GEORGE MIL- H.R. 1203: Mr. HOSTETTLER. Ms. LEE, Mrs. LOWEY, and Ms. DEGETTE. LER of California, Mr. POMEROY, Mr. RYAN of H.R. 1212: Mr. FILNER. H. Con. Res. 56: Mr. BILIRAKIS and 1Ms. Ohio, Ms. NORTON, Mrs. MALONEY, Mr. H.R. 1231: Mr. ABERCROMBIE, Mr. AKIN, Mr. JACKSON-LEE of Texas. KUCINICH, and Mr. MCGOVERN. ALLEN, Mr. ANDREWS, Mr. BACHUS, Ms. BALD- H. Con. Res. 78: Mr. HINCHEY. H.R. 977: Ms. WOOLSEY and Mr. GIBBONS. WIN, Mr. BASS, Mrs. BIGGERT, Mr. BISHOP of H.R. 983: Ms. LORETTA SANCHEZ of Cali- Georgia, Mr. BOUCHER, Mr. BOSWELL, Mr. H. Con. Res. 79: Mr. BILIRAKIS. fornia and Mr. SCHIFF. BROWN of Ohio, Mr. BURR, Mrs. CAPPS, Mr. H. Con. Res. 86: Mrs. LOWEY, Mrs. H.R. 995: Mr. CASE and Mr. HEFLEY. CARDIN, Mr. CARSON of Oklahoma, Mr. MALONEY, Mr. GRIJALVA, Mr. SERRANO, Mr. H.R. 1004: Mr. SMITH of Washington, Mr. CRAMER, Mr. CROWLEY, Mrs. CUBIN, Mr. OWENS, and Mr. FARR. NETHERCUTT, Mr. GOODLATTE, Mr. LAHOOD, CUMMINGS, Mr. DELAHUNT, Mr. DEUTSCH, Mr. H. Con. Res. 89: Ms. WOOLSEY. and Mr. SERRANO. DOYLE, Mr. ENGEL, Mr. ENGLISH, Mr. H. Res. 28: Mr. BELL, Mrs. JONES of Ohio, H.R. 1009: Mrs. CHRISTENSEN. FALEOMAVAEGA, Mr. FILNER, Mr. FOLEY, Mr. H.R. 1013: Ms. DUNN and Mrs. BONO. Ms. NORTON, Mr. ROHRABACHER, Ms. BERK- FORBES, Mr. FOSSELLA, Mr. FRANK of Massa- H.R. 1022: Ms. LINDA T. SANCHEZ of Cali- LEY, Mr. POMEROY, and Mr. PAYNE. chusetts, Mr. FROST, Mr. GILCHREST, Mr. fornia. GILLMOR, Mr. GOODE, Mr. GORDON, Mr. HALL, H. Res. 108: Mr. SMITH of Washington. H.R. 1023: Mr. SESSIONS. H. Res. 118: Mr. STEARNS, Mr. WYNN, Ms. H.R. 1039: Mr. FALEOMAVAEGA. Mr. HASTINGS of Florida, Mr. HAYES, Mr. ILLENDER C ONALD ROST H.R. 1048: Mr. FILNER. HEFLEY, Mr. HINCHEY, Mr. HINOJOSA, Mr. M -M D , and Mr. F . H.R. 1072: Mr. KING of New York. HOLDEN, Mr. HOLT, Mr. HOSTETTLER, Mr. INS- H. Res. 121: Mr. KILDEE. H.R. 1080: Mr. SCHIFF, Mr. RYAN of Ohio, LEE, Mr. ISRAEL, Mr. ISTOOK, Ms. JACKSON- H. Res. 132: Mr. DUNCAN, Mr. BUYER, and Ms. DELAURO, Mr. FRANK of Massachusetts, LEE of Texas, Mr. JOHN, Mr. JONES of North Mr. COMBEST. and Mr. ENGEL. Carolina, Mr. KANJORSKI, Ms. KAPTUR, Mr. H. Res. 133: Mr. DAVIS of Tennessee. H.R. 1081: Mr. BERMAN, Mr. SCHIFF, Mr. KENNEDY of Rhode Island, Mr. KILDEE, Ms. RYAN of Ohio, Ms. DELAURO, Mr. FRANK of KILPATRICK, Mr. KIND, Mr. KING of New York, H. Res. 140: Ms. WOOLSEY. Massachusetts, and Mr. ENGEL. Mr. KLECZKA, Mr. KOLBE, Mr. LAHOOD, Mr. H. Res. 141: Ms. CORRINE BROWN of Florida.

VerDate Dec 13 2002 03:27 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MR7.068 H13PT1 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, THURSDAY, MARCH 13, 2003 No. 41 Senate The Senate met at 9:30 a.m. and was IN GRATITUDE TO CHAPLAIN us cope with the stress of our jobs. To called to order by the President pro LLOYD OGILVIE help us overcome struggles in our per- tempore (Mr. STEVENS). Mr. FRIST. Mr. President, while re- sonal lives. And, most of all, to help us The PRESIDENT pro tempore. On flecting on Dr. Ogilvie’s tenure as Sen- keep things in perspective by remind- this day in 1995, Dr. Ogilvie delivered ate Chaplain, I came across a letter of ing us we serve the United States in his first prayer as Senate chaplain; his dated March 31, 1995. He was just 3 our offices, but we serve God in our today he will lead us in prayer for the weeks on the job. You could already lives. So I simply want to say thank you to last time. see his devotion not only to his official Dr. Ogilvie, for his many prayers on duties as Senate Chaplain, but his un- our behalf, for the many hours he dedi- PRAYER official duties as the spiritual leader of cated to his position, and for being The Chaplain, Dr. Lloyd John the entire Senate family. there—as the spiritual leader of the Ogilvie, offered the following prayer: In that letter, he writes about the Senate family—every day in the Cham- O God, our refuge and our strength, a importance of interceding ‘‘personally’’ ber and every day in our lives. very present help in trouble, we will for Senators—for praying for Members, And, lastly, I want to thank him for not fear! In the midst of these perilous for our families, and for our staff. He being such a wonderful and supportive times, we hear Your voice saying, ‘‘Be says that he is just as close as a phone friend. I wish him the best in California still and know that I am God; I will be call and provides not only his work with Mary Jane. And though Karyn exalted among the Nations, I will be phone number, but his home phone and I will miss them both dearly, we exalted in the earth.’’ In response we number, as well. He asks that we keep are certain we will hear from them be- affirm, ‘‘The Lord of hosts is with us; him up-to-date about the needs of oth- cause they will always be family. And You are our help and hope.’’ ers in the Senate family. And he talks there is nothing more precious to the From the Continental Congress about building a ‘‘caring network of Ogilvies—as they have demonstrated through the formation of our Constitu- people who support each other.’’ time and again—than family. tion to the establishment of the first Yes, this is a man who knew early on The PRESIDING OFFICER (Mr. Senate, our leaders have acknowledged the Senate needs more than one prayer SUNUNU). The minority leader. You as Sovereign of this land and the at the start of each day. We needed a Mr. DASCHLE. Mr. President, in a source of all our blessings. lot of support from him, from God, and few moments the Senate will offer a Lord I thank You for the privilege of from each other. And that is exactly resolution which honors a member of serving as Chaplain of the men and the kind of spiritual climate Lloyd our Senate family who, as the majority women of this Senate. As You have Ogilvie fostered for 8 years as Senate leader noted, will be leaving us soon. called them to lead our Nation and the Chaplain. Lloyd Ogilvie has the appreciation of world, You have opened their minds He conducted Bible studies—which every one of the Members of this body. and hearts to receive Your guidance Karyn and I and many in this Chamber I join in expressing my heartfelt appre- and care. It is with profound gratitude regularly attended. He hosted weekly ciation to him and his family as they that I reflect on these years with them. prayer breakfasts and small faith begin the next chapter in their lives. You are our Lord and Saviour. Amen. groups. He researched theological ques- A Senate chaplain was once asked: tions and advised us on the great moral You pray for the Senate? He replied, f issues of our times. And when he took no, I look at those Senators as I stand PLEDGE OF ALLEGIANCE time to offer his own private thoughts on the dais and I pray for the country. to God, he always forwarded our peti- For the last 8 years, Lloyd Ogilvie The Honorable TED STEVENS led the tions with his. has done a lot of praying—for our Na- Pledge of Allegiance, as follows: He even filled in at the last minute tion, for the Members of this Senate, I pledge allegiance to the Flag of the when my office needed a third baseman and for our families, for our staffs, and United States of America, and to the Repub- on our Senate softball team. Now that all the people who work in this build- lic for which it stands, one nation under God, is going above and beyond the call of ing, and for those who come to visit indivisible, with liberty and justice for all. duty. the Senate from all over the world. He f Dr. Ogilvie consoled us during our has prayed for us and with us. For darkest hours—September 11th, the Oc- many of us, he has been a source of RECOGNITION OF THE MAJORITY tober anthrax attacks, the loss of two guidance and support. We are grateful LEADER Capitol Police officers and three Sen- to him for his wisdom, for his friend- The PRESIDENT pro tempore. The ate colleagues come to mind. But he ship, and for his service to this Senate majority leader is recognized. was also there for us every day. To help and our Nation.

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

S3649

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VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3650 CONGRESSIONAL RECORD — SENATE March 13, 2003 The Senate has been through many voice must sound like. What a magnifi- have reached an age where if we took a challenges these last 8 years, as the cent voice he has. What a magnificent few moments and tried to list the peo- majority leader has noted. During prayer he always prayed. But as Ben- ple outside of our immediate families those challenges, many of us have jamin Franklin said: who really had an impact on us, it found hope and direction in Dr. Well done is better than well said. would probably be a pretty short list, if Ogilvie’s words. He comforted us and In spite of the magnificent messages we were candid with ourselves. led us through the deaths of three of he has delivered on this floor, his pray- I have been doing a bit of that the our colleagues, our friends John ers, and our private counsel sessions last couple of days, thinking about Chafee, Paul Coverdell, and Paul with him, what he has done has been Lloyd, his contribution here, and the Wellstone. He consoled us when two even more valuable; the way he has fact he is now going home to take up fine, brave members of the Capitol Po- come to us all in times of great cele- the challenge of providing care for his lice, officers J.J. Chestnut and Detec- bration and times of stress and times wonderful wife Mary Jane. tive John Gibson, were murdered of despair. In the good times and the I have decided my list would be very guarding this building. He helped us bad times he has been there for me and short, indeed, outside of my immediate find courage and faith after our Nation for many of us—all of us, at one time family. On that list would, indeed, be was attacked on September 11, and or another. In spite of all the good Lloyd Ogilvie, who has had a powerful again after the anthrax attack that things he said, what he has done will be impact on my life. I will never, ever closed the Hart Building. He has helped what will stay with us the longest. forget him. many of us grapple with the profound Each morning I get up, the first We all love him and we care for him. moral and spiritual questions that un- thing I read is ‘‘One Quiet Moment,’’ a Even though we will not see him as derscore all questions of public policy. passage from the Bible and a brief much in the coming years, I hope each One lesson Dr. Ogilvie has always prayer that Lloyd Ogilvie prepared for of us for whom he has made such a dif- stressed is the importance of keeping all of us. It begins my days in the right ference will make an extra effort to our priorities straight. In his words: way. Many nights, just before I go to stay in touch with our dear friend in Put God first, then family, then Na- sleep, I pray for Lloyd and Mary Jane, the coming years. So, Lloyd Ogilvie, thanks for all you tion, then career, and things will turn I pray for their safety, and for their fu- did for all of us. Good luck in the fu- out as they are meant to. ture. ture. Thanks for making a difference. Now Dr. Ogilvie is living that lesson. He has been a magnificent influence I yield the floor. He is putting his family ahead of his on this body and on me personally. The PRESIDING OFFICER. The Sen- career and returning to California to be This morning I looked up the defini- ator from Tennessee. with and care for another treasured tion of ‘‘chaplain,’’ and it is not enough member of our Senate family, his wife Mr. ALEXANDER. Mr. President, I to describe what he did. He wasn’t just join the distinguished Senator from Mary Jane. As much as we will miss a person who was a counselor to this him, we respect his decision greatly. Kentucky in saying a word about the institution and our whole family. I Chaplain, Lloyd Ogilvie. Everyone who knows Lloyd Ogilvie looked up ‘‘pastor’’—maybe that was knows he has a special place in his I am a new Senator, as is the Pre- the right word. That wasn’t sufficient siding Officer, and there have been a heart for St. Andrew. That seems fit- either because he was more than just a ting for two reasons. The first and great many wonderful things about pastor to a flock in a narrow area. coming to the Senate. But nothing has most obvious reason is that St. Andrew No, he has been a spiritual counselor is the patron saint of Scotland, and we surpassed the privilege of getting to in the broadest sense. The Bible says, know Lloyd Ogilvie in these first cou- all know how proud Dr. Ogilvie is of his in Proverbs: family’s roots in that beautiful coun- ple of months. I have watched him and Where there is no vision the people perish. try. The other reason is St. Andrew listened, and I have learned from him. never got the attention he deserved. In That, of course, refers to the way we I have been comforted by him. I am the Bible, it was Andrew’s brother, really should think about the vision. I deeply grateful for that. Peter, who got the headlines, even think it is true for a country, a coun- This month in Billy Graham’s publi- though it was Andrew who first recog- try that seeks democracy and freedom cation, ‘‘Decision,’’ Lloyd Ogilvie’s pic- nized that Jesus was an extraordinary and liberty. But it also is true in the ture is on the front, and there is an teacher. It was Andrew who told Peter broader sense. Lloyd has given us a vi- interview with him about his 8 years in to pay attention to Jesus’ words. sion of what life is really about. Thank the Senate. It is a clue about why he Here in the Senate, it is Senators you, Lloyd John Ogilvie. Well done— has been such an inspiration to so who get most of the headlines. But for ay. many Senators. The questioner notes: many of us for the last 8 years it is f A current Senator remarked that your Lloyd Ogilvie who has been there to re- prayers often ‘‘make reference to specific COMMENDING THE SERVICE OF turmoil’’ in the Senate. mind us of the important lessons. DR. LLOYD J. OGILVIE, THE The questioner goes on: Our thanks and our prayers will go to CHAPLAIN OF THE UNITED Lloyd Ogilvie as he returns to Cali- STATES SENATE I understand that sometimes following fornia. We wish him and Mary Jane, your opening prayer you sit through the Sen- their children, Andrew, Scott and The PRESIDING OFFICER. The ma- ate sessions. Heather, and their grandchildren, jority leader. And Lloyd’s answer was: much happiness in the days, months, Mr. FRIST. I send a resolution to the The task of any spiritual leader is to lis- and years ahead. desk and I ask for its immediate con- ten. You can’t minister to individuals or to I yield the floor. sideration. a group unless you know what is going on. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The That is the reason that I have to be there. ator from Mississippi. clerk will report the resolution by Lloyd Ogilvie has been a counselor. Mr. LOTT. Mr. President, I know a title. He is a minister. He is a listener— vote was scheduled and many wish to The legislative clerk read as follows: maybe a listener above all. I have speak, but I ask unanimous consent A resolution (Res. 83) commending the found in my conversations with him the vote may be delayed so I may service of Dr. Lloyd J. Ogilvie, the Chaplain that I suspect he knows more about the speak at this time. I feel compelled to of the United States Senate. Senate than any other individual be- ask for that time so I may speak about There being no objection, the Senate cause he knows the hearts of the Sen- our friend, Lloyd Ogilvie. proceeded to consider the resolution. ators. The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, we So I rise to thank him, to wish him objection, it is so ordered. had the opportunity this morning to the very best with his wife Mary Jane, Mr. LOTT. The first time I heard hear the last prayer of our Senate and to let him know that one more Lloyd Ogilvie speak, it was in a prayer, Chaplain, Lloyd Ogilvie, a man who has Senator has been touched by his pres- and I remember looking up because I touched each of our lives in a different ence here in a very short period of thought I had just heard what God’s and very special way. All of us in here time.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3651 I ask unanimous consent to have pray,’’ and they went down and got the pas- other. I see that in our Bible studies on printed in the RECORD the interview tor of Christ Church Philadelphia to come to Thursdays, when members of both parties with Dr. Ogilvie that appears in the Carpenters’ Hall to pray. Then, when there study the Scriptures together and try to March 2003 edition of ‘‘Decision,’’ the were deadlocks in the Constitutional Con- come to grips with what God might be say- vention, crucial people stood up and said, ing. Billy Graham publication. ‘‘We cannot make it without God’s power.’’ Q: Our culture is heavily saturated with There being no objection, the mate- Q: You have led the Senate spiritually dur- the message of separation of church and rial was ordered to be printed in the ing some extremely trying times, including state, but you have often said that there is RECORD, as follows: the impeachment hearings and the Sept. 11 no separation of God and state. What do you After serving eight years as U.S. Senate tragedy. What were those times like? mean? A: There is no statement in the literature Chaplain, Lloyd John Ogilvie is retiring this A: I can’t imagine that in eight years of U.S. history that is more misunderstood month. He has provided spiritual guidance to we’ve been through all of this. I think of the than this phrase, ‘‘separation of Church and senators, to Senate staff and to families dur- impeachment, for example, when it was so State.’’ It was included in a letter by Thom- ing some of the most tumultuous events in important to reaffirm God’s sovereignty and as Jefferson to the Danbury Baptists in Dan- the history of the United States. Decision re- His grace. As I was standing outside the bury, Conn. He was trying to protect the cently spoke with Ogilvie about his Senate Chamber, the senators and leaders would go church from government and was estab- experiences and about where God is leading by and say, ‘‘What are you going to pray lishing the fact that he was a different kind him now. today?’’ Then Chief Justice William of leader than the sovereigns of Europe. The Q: Describe a typical day in the life of Rehnquist would say, ‘‘What have you got to phrase, however, stuck and has been used to Lloyd John Ogilvie. say to God today?’’ Then at the end of the diminish the role of God in American life and A: I usually get up around 6 a.m. and walk prayer, he would give an ‘‘Amen’’ with gusto. in politics. for my exercise. As I walk around the Cap- But it was a painful time. I’m so thankful I believe that there is no separation be- itol, I pray for 20 senators each day. I cover that when the Senate leaders got together tween God and State. We need God in the af- all 100 senators in a week. Often God puts on prior to the impeachment, they opened their fairs of government, and those who are in- my mind and heart people who have needs or meeting with prayer. Trent Lott was major- volved in leadership desperately need Him concerns. Then, during the day, I often have ity leader at that time, and he constantly and His guidance and direction. If we take an opportunity to talk with those people. called them back to trust God. Then, of course, the aftermath of Sept. 11 God out of the affairs of government, we are After walking, I have my own personal was a time of helping people to realize that left to our human devices without the em- Bible study, and then I walk to work. I live God has not caused that tragedy. He did not powerment that comes through a relation- on the Hill—it’s 10 minutes from my break- send that on America in judgment. But it did ship with God. fast table to the floor of the Senate. I give bring us to a place of asking what He had to I was very gratified when the Senate dealt the opening prayer for the Senate. I write say through all of this. with the recent question raised about the the prayers in segments, perhaps a month We had the long process of healing and phrase ‘‘one nation under God.’’ All of the ahead of time, and as crises change in the taking care of people who were traumatized Senators were in their seats, and we gave the nation or in the world or in the life of the by that event. We had many different serv- Pledge of Allegiance together. No one was Senate, I can change the prayers to that ices during that period. I remember one in missing in affirmation of the fact that they they are current and relevant. particular, when the senators went over to all really believe in this historic declaration The opening prayer is an extremely impor- the National Cathedral to take part in a that we are a ‘‘nation under God.’’ tant part of my day, because it is on the Sen- time of prayer following 9/11. I had the feel- Q: How can we pray for the Senators and ate floor that I speak a work about God that ing that I should stay here at the Capitol; their families? is crucial to American history and to our fu- the staff needed someone to take care of A: Pray that they will know God, that they ture. That word is sovereign. As I studied the them. So I asked for a large room that seat- will trust God, that they will depend on su- prayers of those who founded this nation, a ed 300 people, and I made a simple announce- pernatural power rather than on human tal- word they frequently used for God is Sov- ment that we would have a prayer time. ents, that they will pray for and receive the ereign, because they came to this country When I arrived, people were standing in the gift of courage, and that they will speak seeking a land where God could be the Sov- room, squeezed in shoulder to shoulder. In- with boldness and dare to give the leadership ereign of the land. stead of 300 people, there were 600 in the that’s necessary. So very often in my prayers, I use the room and out in the hall. By the end, 1,000 Q: What has led you to retire as Senate world sovereign in describing God’s nature people had come. Chaplin on March 15? and His lordship over this nation. Then I Q: A current senator remarked that your A: My wife, Mary Jane, contracted a bad pray for God’s power and direction and spe- prayers often ‘‘Make reference to specific case of bacterial pneumonia last April, and it cifically for the needs that I know might be turmoil’’ in the Senate. lodged in some scar tissue in her lungs from coming up that day. A: I feel that this is part of my responsi- a previous cancer operation. They had such a I usually spend the rest of the morning in bility as chaplain. Answers to unasked ques- hard time getting that dislodged that in the preparation for my Bible studies. I have five tions are foolish, but Biblical answers to the process they had to put her on a respirator. Bible studies during the week: for the sen- real questions people are asking are power- That was eight months ago, and she has been ators, for senators’ spouses, for the chiefs of ful. It is our task to listen, to be sensitive to in three different hospitals since then strug- staff of the senators’ offices, and two studies where people are and then to respond to gling to get off the respirator, to get back to for the Senate staff. It makes for a busy what’s going on inside of them and around breathing on her own and to get back to schedule, but I feel that my task is to lower them. health. the plumb line of God’s justice and right- When the senators are under a great deal I’m so thankful for the way she has trusted eousness and mercy on the issues that we are of pressure and stress, I’ll pray about that God in this dark, dark valley of suffering. I facing in the nation. And I can do that by and talk about the pressure cooker of poli- realized that it would be much better for her teaching the Bible. tics. When they are at odds with each other, to be near our family in California. She is in Q: How do you make the Gospel relevant to I can ask God to bring understanding and a respiratory hospital there that specializes the issues that our nation and world face? peace for the good of the American people in just the kind of illness she has. I thought A: I believe that the Holy Spirit, who in- and for His glory, and to help us depend on I would go back and forth as frequently as I spired the writing of the Scripture, is Him to bring understanding, to break dead- could and stay as long as I could, but I real- present in the room as I teach the Scripture. locks. ized this was not adequate. For eight years, That’s awesome, when you stop and think of Q: I understand that sometimes following I have asked the senators to put God first, it. It forces you to study and pray and get your opening prayer you sit through the Sen- family second, the Senate third and ambi- ready, because there is a Word from the ate sessions. tion fourth. Lord, and He will speak through the Scrip- A: The task of any spiritual leader is to lis- It was time for me to live any message. So tures if we are faithful to communicate ten. You can’t minister to individuals or to I told the officers of the Senate that I needed them. a group unless you know what is going on. to be with my wife. Just as soon as she’s Q: What is one message that we need to That is the reason that I have to be there. strong enough, I’ll be available to preach and hear today? When I sense there is great tension or frus- to teach and to speak, here and around the A: We need to know that God is the Sov- tration, I go down on the floor, slip into the world. ereign of this nation. We have a responsi- chair where I sit, and pray for those who are Mr. MCCONNELL. Mr. President, if I bility to trust Him, to seek His will and to in conflict. Afterwards, I often go to them may before the Senator from Tennessee live in accordance with His righteousness individually, talk with them about what’s leaves, he may not have been in the and justice. happened and see if I can bring them to- Senate very long—a couple of months— As you trace U.S. history, it is fascinating gether. to see how our founders were very clear I am pleased when I see greatness emerge but the Senator from Tennessee has about wanting God to guide them. In the in the senators and they reach beyond their picked up the essence of Lloyd Ogilvie First Continental Congress, Samuel Adams parties and their own particular persuasions and why he is so widely admired, re- stood up and said, ‘‘I believe we need to to have deep communication with each spected, and loved around here.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3652 CONGRESSIONAL RECORD — SENATE March 13, 2003 I thank the Senator from Tennessee serves all of the wonderful things ev- Ms. MIKULSKI. Mr. President. Eight for his contribution. eryone has said about him. I simply years ago today, Dr. Lloyd Ogilvie be- Mr. ALEXANDER. I thank the Sen- quote a hymn that we sing often in our came our Senate Chaplain. Today, as ator. church. I don’t think it is unique to our he leaves the Senate, I wish to thank Mr. COCHRAN. Mr. President, the re- church, but we sing at this time when Dr. Ogilvie for his spiritual guidance tirement of our Senate Chaplain, Lloyd young men go out in the circumstance and friendship. Ogilvie, leaves me with a profound I have just described—go off to a for- Dr. Ogilvie is a greet scholar and sense of loss. He has been a personal eign land or to a foreign part of the preacher. Yet he has been so much friend to me, as well as a wise coun- world to preach the gospel. We sing to more to our Senate family. I am par- selor and adviser. I know I will miss them: ticularly grateful for the hospitality him greatly. He has served the Senate God be with you till we meet again; Dr. Ogilvie has shown to all religions. with great distinction. His daily pray- When life’s perils thick confound you; He hosted Jewish seders. He invited ers were works of art and poetry, deliv- Put His arms unfailing round you; Cardinals to the Senate. He made sure God be with you till we meet again. ered in his deep rich voice, with convic- that religious leaders of all faiths have tion and a seriousness of purpose. This is what I say to Mary Jane and led the Senate in prayer. He has warmed our hearts with his Lloyd Ogilvie, from all of us. God be I also appreciate the creative and en- genuine concern for our spiritual well- with you till we meet again. ergetic way he reached out to the en- Ms. MURKOWSKI. Mr. President, I being and reached out to touch the tire Senate family. He has led Bible rise today to speak of the contribu- souls of staff members and Senate em- study groups and prayer meetings for tions and service to the Nation, the ployees, as well, who sought his advice Senators and staff. He has provided in- U.S. Senate, to my family and myself and his message of hope and reassur- dividual counseling for anyone who has made by Dr. Lloyd J. Ogilvie as Chap- ance. We have all been richly blessed asked for it. lain of the U.S. Senate, I joined the Since September 11, our Nation and by the presence and the ministry of U.S. Senate just over three months ago our Senate have faced great stress and Lloyd Ogilvie. Our thoughts and sin- and I am repeatedly impressed and re- uncertainty. On September 11, during cerest best wishes and our love go with minded about the history and tradition the anthrax attacks, and now as our him. of this body. The Office of the Chaplain Nation prepares for a possible war, Dr. Mr. HOLLINGS. Mr. President, I has served the Senate each day with Ogilvie has helped the Senate family to have been in the Senate more than 36 prayer strongly reaffirming this insti- become stronger through faith and years and there is no question that Dr. tution’s commitment to faith in God prayer. Lloyd John Ogilvie has been the best and our recognition of God being the I also wish to thank Reverend Senate Chaplain I’ve ever seen, by far. ultimate sovereign over this Nation. Ogilvie’s wife, Mary Jane, who has On this his last day, I join my col- The daily guidance and reminder of our been such an important partner to him leagues in thanking him for the spir- Maker helps us all keep perspective on and such a dear friend to all of us in itual care he has provided to all of us our duties and activities as we debate the Senate. I wish the Ogilvies well as and our families, and especially for his and make decisions of weighty issues they move to California to begin a new daily prayers as we tackle the monu- confronting our country. chapter in their lives. They will always mental responsibilities before us. The Chaplain of the Senate has been be in my thoughts and prayers. My wife, Peatsy, and I pray for the an integral part of the U.S. Senate Mr. FRIST. I ask unanimous consent health of his loving wife Mary Jane. since 1789 when the first Senate elected the resolution be agreed to, the pre- And we are confident that as the Chap- the first Chaplain. The daily prayers of amble be agreed to, and the motion to lain leaves Washington and returns to the Chaplains have been published over reconsider be laid upon the table. California good things await him. For the years. In times of great turmoil The PRESIDING OFFICER. Without in Psalm 92 it is written that the right- and in times of the mundane the Chap- objection, it is so ordered. eous shall flourish like the palm-tree lain reminds us of our obligation to The resolution (S. Res. 83) was agreed and that in maturity they shall bring keep the moral compass pointed in the to. The preamble was agreed to. forth fruit and be full of vitality and right direction. This body has been richness. There is no more worthy son The resolution, with its preamble, brought together in times of conflict reads as follows: of the Creator to flourish in retirement with the help of the Chaplain. Dr. S. RES. 83 than Dr. Ogilvie. Ogilvie has served us well as the sixty- Mr. BENNETT. Mr. President, I take first Chaplain since 1995. Whereas Dr. Lloyd J. Ogilvie became the this opportunity to pay tribute to 61st Senate Chaplain on March 13, 1995, and Just last week the U.S. Senate has faithfully served the Senate for 8 years Lloyd Ogilvie, our Chaplain. I have told passed a resolution reaffirming that as Senate Chaplain; him of the deep affection that I and my the term ‘‘under God’’ was an essential Whereas Dr. Ogilvie is the author of 49 wife Joyce have for him and Mary part of the pledge of allegiance. I am books, including ‘‘Facing the Future without Jane. I wish I could reach as deeply confident that Dr. Ogilvie could have Fear’’; and into the writings of Robert Burns as he contributed to our insight and debate. Whereas Dr. Ogilvie graduated from Lake is able to and come up with exactly the but there is no dispute that this body Forest College, Garrett Theological Semi- right epigram. and this Nation remain under the nary of Northwestern University and New I will point out that he and I share College, University of Edinburgh, Scotland, graceful guidance of God. We have been and has served as a Presbyterian minister the common experience of living in helped to understand this grace by the throughout his professional life, including Scotland as young men. He, there while spiritual guidance of Dr. Ogilvie. being the senior pastor at First Presbyterian he was studying for the ministry, and I, I have known of the Chaplain Ogilvie Church, Hollywood, California: Now, there- there while I was serving as a mis- for longer than my service in the U.S. fore, be it sionary for my church. In that experi- Senate. My parents, Senator Frank Resolved, That— ence, each of us gained deep respect for Murkowski and Nancy Murkowski, (1) the Senate hereby honors Dr. Lloyd J. the Scottish people and Scottish tradi- share a warm and special relationship Ogilvie for his dedicated service as the Chap- lain of the United States Senate; and tions. with Dr. Ogilvie and his wife Mary. (2) the Secretary transmit an enrolled copy That is why you find me today sport- Through them I learned about Dr. of this resolution to Dr. Ogilvie. ing the tartan of my family, the Wal- Ogilvie and his compassion and com- f lace tartan. My father served in this mitment to his faith. They join me in body as Wallace Bennett, coming from sending their prayers, best wishes and SCHEDULE a long line of Wallaces, including one expressions of warmth to him upon his Mr. FRIST. Mr. President, I will be William Wallace. Whether it was the retirement. very brief in our opening script this William Wallace who morphed as Mel Dr. Ogilvie will be missed by all his morning. We will have the opportunity Gibson onto the silver screen or not, I flock and all who know him in his role during morning business later this am not sure. as Chaplain in the U.S. Senate. He has morning for further comments to ex- Lloyd Ogilvie has made his mark served this institution in the tradition press our appreciation to Dr. Ogilvie here in a tremendous way, and he de- of this body with honor and excellence. for his 8 years of service to this body.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3653 We will have two votes this morning ening conditions that require the termi- ommend a delivery method that will maxi- and then we will have that period of nation of pregnancy. Babies may need to be mize the chance for survival of the infant, morning business. Following some time delivered early and die from prematurity, explaining all of the maternal implications but there is never a medical need to perform of such a course. If an emergent life-threat- for a bill introduction, there will be this heinous act. ening situation requires emptying the uterus time available for the Senators to ex- I have reviewed both cases presented by before fetal viability then I will utilize a press their gratitude. Dr. Darney, and quite frankly, do not under- medically appropriate method of delivery, The next vote, following the two stand why he was performing the abortions including intact D&E. votes which are about to begin, will he indicates, yet alone the procedure he is Though they are certainly complicated, begin at 12:30, and will be on invoking using. If the young 25 year old woman has a the two cases described by Dr. Darney de- scribe situations that were not initially cloture on the Estrada nomination. Ad- placenta previa with a clotting disorder, the safest thing to do would be to place her in emergent. This is demonstrated by the use of ditional votes will occur this after- the hospital, transfuse her to a reasonable measures such as dilation of the cervix that noon. I will update Members later this hematocrit, adjust her clotting parameters, required a significant period of time. In addi- morning. watch her closely at bed rest, and deliver a tion, the attempt to dilate the cervix with placenta previa and placenta accreta is itself f live baby. If the patient had a placenta previa, pushing laminaria (sterile sea weed) risky and can lead to life-threatening hemor- RESERVATION OF LEADER TIME up into her cervix, and potentially through rhage. There may be extenuating cir- the previa, is contraindicated. It is no sur- cumstances in Dr. Darney’s patients but The PRESIDING OFFICER. Under prise to anyone that the patient went, from most obstetrical physicians would not at- the previous order, the leadership time stable without bleeding, to heavy bleeding as tempt dilation of the cervix in the presence is reserved. they forcibly dilated her cervix to 3 centi- of these complications. It is my under- meters with laminaria. The use of the dan- standing that the proposed partial birth f gerous procedure of blinding pushing scissors abortion ban already has an exemption for PARTIAL-BIRTH ABORTION BAN into the baby’s skull (as part of the partial situations that are a threat to the life of the ACT OF 2003 birth abortion) with significant bleeding mother. This would certainly allow all meas- from a previa just appears reckless and to- ures to be taken if heavy bleeding, infection, The PRESIDING OFFICER. Under tally unnecessary. or severe preeclampsia required evacuation the previous order, the Senate will now Regarding the second case of the 38 year of the uterus. resume consideration of S. 3, which the old woman with three cesarean sections with The argument for an additional medical clerk will report. a possible accreta and the risk of massive exemption is redundant; furthermore, its in- clusion in the legislation would make the The legislative clerk read as follows: hemorrhage and hysterectomy due to a pla- centa previa, it seems puzzling why the phy- ban virtually meaningless. Most physicians A bill (S. 3) to prohibit the procedure com- sician would recommend doing an abortion and citizens recognize that in rare life- monly known as partial-birth abortion. with a possible accreta as the indication. threatening situations this gruesome proce- The PRESIDING OFFICER. The Sen- Many times, a placenta previa at 22 weeks dure might be necessary. But it is certainly ator from Pennsylvania. will move away from the cervix so that there not a procedure that should be used to ac- complish abortion in any other situation. Mr. SANTORUM. Mr. President, I is no placenta previa present and no risk for accreta as the placenta moves away from the Passage of a ban on partial birth abortion ask unanimous consent to have printed with an exemption only for life-threatening old cesarean scar. (virtually 99.5% of time in the RECORD prior to the vote on S. 3, situations is reasonable and just. It is in this is the case with early previas). Why the keeping with long-standing codes of medical four letters from specialists in mater- physicians did not simply take the woman to ethics and it is also in keeping with the pro- nal fetal medicine in response to the term, do a repeat cesarean section with prep- vision of excellent medical care to pregnant letter the Senator from California had arations as noted for a possible women and their unborn children. printed in the RECORD yesterday. hysterectomy, remains a conundrum. Dr. Sincerely, Darney actually increased the woman’s risk There being no objection, the mate- STEVE CALVIN, MD. rial was ordered to be printed in the for bleeding, with a horrible outcome, by tearing through a placenta previa, pulling RECORD, as follows: REDMOND, WA, the baby down, blindly instrumenting the March 12, 2003. ROCKFORD HEALTH SYSTEM, DIVI- baby’s skull, placing the lower uterine seg- Hon. RICK SANTORUM: SION OF MATERNAL-FETAL MEDI- ment at risk, and then scraping a metal in- U.S. Senate Office Building, CINE, strument over an area of placenta accreta. Rockford, IL, March 12, 2003. Washington, DC. No one I know would do such a foolish proce- DEAR SENATOR SANTORUM: The purpose of Hon. RICK SANTORUM, dure in the mistaken belief they would pre- U.S. Senate Office Building, this letter is to counter the letter of Dr. vent an accreta with a D&E. Philip Darney, M.D. to Senator Diane Fein- Washington, DC. Therefore, neither of these cases presented DEAR SENATOR SANTORUM: I am writing to stein and to refute claims of a need for an ex- convincing arguments that the partial birth emption based on the health of the mother in contest the letter submitted to Senator abortion procedure has any legitimate role Feinstein by Philip D. Darney, MD sup- the bill to restrict ‘‘partial birth abortion.’’ in the practice of maternal-fetal medicine or I am board certified in Maternal-Fetal porting the ‘‘medical exemption’’; to the pro- obstetrics and gynecology. Rather, they Medicine as well as Obstetrics and Gyne- posed restriction of the partial birth abor- demonstrate how cavalierly abortion prac- cology and have over 20 years of experience, tion (or as abortionists call it ‘‘intact tices are used to treat women instead of the 17 of which have been in maternal-fetal med- D&E’’). second medical practices that result in a live icine. Those of us in maternal-fetal medicine I am a diplomate board certified by the baby and an unharmed mother. are asked to provide care for complicated, American Board of Obstetrics and Gyne- Sincerely, high-risk pregnancies and often take care of cology in general Obstetrics and Gynecology BYRON C. CALHOUN, MD. women with medical complications and/or and in the sub-specialty of Maternal-Fetal fetal abnormalities. Medicine. I serve as a Visiting Clinical Pro- MARCH 13, 2003. The procedure under discussion (D&X, or fessor in Obstetrics and Gynecology, Univer- Hon. RICK SANTORUM, intact dilation and extraction) is similar to sity of Illinois at Chicago, Department of Ob- U.S. Senate Office Building, a destructive vaginal delivery. Historically stetrics and Gynecology, College of Medicine Washington, DC. such were performed due to the risk of cae- at Rockford, Rockford, Illinois; as an Ad- DEAR SENATOR SANTORUM: I have reviewed sarean delivery (also called hysterotomy) junct Professor of Obstetrics and Gyne- the letter from Dr. Darney describing two prior to the availability of safe anesthetic, cology, at Midwestern University, Chicago examples of what he believes are high risk antiseptic and antibiotic measures and fre- College of Osteopathic Medicine, Department pregnancy cases that show the need for an quently on a presumably dead baby. Modern of Obstetrics and Gynecology; and as an Ad- additional ‘‘medical exemption’’ for partial medicine has progressed and now provides junct Associate Professor of Obstetrics and birth abortion (also referred to as intact better medical and surgical options for the Gynecology Uniformed Services University D&E). I am a specialist in maternal-fetal obstetrical patient. of Health Sciences, F. Edward Herbert medicine with 23 years of experience in ob- The presence of placenta previa (placenta School of Medicine, Washington, D.C. I have stetrics. I teach and do research at the Uni- covering the opening of the cervix) in the authored over 50 peer review articles in the versity of Minnesota. I am also co-chair of two cases cited by Dr. Darney placed those obstetrics and gynecologic literature, pre- the Program in Human Rights in Medicine at mothers at extremely high risk for cata- sented over 100 scientific papers, and have the University. My opinion in this matter is strophic life-threatening hemorrhage with participated in over 40 research projects, my own. any attempt at vaginal delivery. Bleeding In my over 14 years as a Maternal-Fetal In the rare circumstances when continu- from placenta previa is primarily maternal, Medicine specialist I have never used or ation of pregnancy is life-threatening to a not fetal. The physicians are lucky that needed the partial birth abortion technique mother I will end the pregnancy. If the fetus their interventions in both these cases re- to care for my complicated or life threat- is viable (greater than 23 weeks) I will rec- sulted in living healthy women. I do not

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3654 CONGRESSIONAL RECORD — SENATE March 13, 2003 agree that D&X was a necessary option. In Although I do not perform abortions, I their ‘‘right’’ to do partial birth abortions is fact, a bad outcome would have been indefen- have been involved in counseling many that at the end of the procedure they have sible in court. A hysterotomy (caesarean de- women who have considered abortion be- only a dead child to deal with. If they were livery) under controlled non-emergent cir- cause of a medical complication of preg- to abort these women by either inducing cumstances with modern anesthesia care nancy. I have not encountered a case in their labor (when there is no placenta would be more certain to avoid disaster when which what has been described as partial praevia present), or by doing a hysterotomy placenta previa occurs in the latter second birth abortion is the only choice, or even the (c-section), they then need to deal with a trimester. better choice among alternatives, for man- small, living, struggling child—an uncom- Lastly, but most importantly, there is no aging a given complication of pregnancy. fortable situation for someone who’s intent excuse for performing the D&X procedure on Thank you for your consideration of this was to end the child’s life. living fetal patients. Given the time that opinion. Sincerely, these physicians spent preparing for their Sincerely, DANIEL J. WECHTER, M.D., procedures, there is no reason not to have T. MURPHY GOODWIN, M.D, Co-Director of Maternal-Fetal Medicine, performed a lethal fetal injection which is Chief, Division of Maternal-Fetal Medicine. Synergy Medical Education Alliance. quickly and easily performed under Mr. SANTORUM. Madam President, I Mr. BURNS. Mr. President, the Par- ultrasound guidance, similar to ask unanimous consent that a letter tial-Birth Abortion Ban Act of 2003 is amniocentesis, and carries minimal mater- from Dr. Daniel J. Wechter be printed not about a woman’s right to choose to nal risk. in the RECORD. I understand the desire of physicians to have an abortion. Regardless of one’s There being no objection, the mate- views on abortion in general, the par- keep all therapeutic surgical options open, rial was ordered to be printed in the particularly in life-threatening emergencies. tial-birth abortion procedure should We prefer to discuss the alternatives with RECORD, as follows: have no place in a civilized society our patients and jointly with them develop a SYNERGYMEDICAL such as ours. Partial-birth abortion is plan of care, individualizing techniques, and EDUCATION ALLIANCE, an undeniably abhorrent procedure, referring them as necessary to those who Saginaw, MI, March 13, 2003. and most physicians believe it is never will serve the patient with the most skill. Hon. RICK SANTORUM, medically necessary. The American U.S. Senate Office Building, Nonetheless I know of no circumstance in Medical Association, the largest asso- my experience and know of no colleague who Washington, DC. will state that it is necessary to perform a DEAR SENATOR SANTORUM, I am writing in ciation of doctors in the United States, destructive procedure on a living second tri- response to the letter from Dr. Phillip and the medical community at large, mester fetus when the alternative of intra- Darney which was introduced by Senator has endorsed banning this late-term uterine feticide by injection is available. Feinstein. abortion procedure. It is time for the Obviously none of this is pleasant. Senator I have cared for pregnant patient patients Congress to follow suit. Santorum, I encourage you strongly to work for almost 29 years, and have worked exclu- Since 1995, at least 31 States have en- sively in the field of Maternal-Fetal Medi- for passage of the bill limiting this barbaric acted laws banning partial-birth abor- medical procedure, performance of D&X on cine (high risk pregnancy) for over 15 years. I am board certified in Obstetrics & Gyne- tion. On June 28, 2000, the U.S. Su- living fetuses. preme Court invalidated a Nebraska Sincerely, cology, and also in the subspecialty of Ma- ternal-Fetal Medicine. I am an assistant pro- statute that prohibited the perform- SUSAN E. RUTHERFORD, MD. fessor in Obstetrics & Gynecology for the ance of partial-birth abortions. The Su- UNIVERSITY OF SOUTHERN CALI- Michigan State College of Human Medicine, preme Court determined that the Ne- FORNIA, DEPARTMENT OF OBSTET- and co-director of Maternal-Fetal Medicine braska statute was unconstitutional in Saginaw Michigan. RICS AND GYNECOLOGY, I have never seen a situation in which a because it failed to include an excep- Los Angeles, CA, March 12, 2003. partial birth abortion was needed to save a tion to protect the health of the moth- Hon. RICK SANTORUM, mother’s life. I have never had a maternal er, and because the language defining U.S. Senate Office Building, death, not ever. the prohibited procedure was too Washington, DC. I am familiar with Dr. Darney’s letter de- DEAR SENATOR SANTORUM, I am writing in vague. We must not allow the Partial- scribing two of his cases. My comments are support of the proposed restrictions on the Birth Abortion Ban Act to be diluted not meant as a criticism of Dr. Darney as a procedure referred to as ‘‘partial birth abor- by amendments that would limit the person or as a physician. I have great respect tion,’’ which the Senate is now considering. application of this bill to a time after for anyone in our field of medicine, which is I am chief of the Division of Maternal- a very rewarding specialty but which re- a child is determined to be viable. Such Fetal Medicine in the Department of Obstet- quires difficult decisions on a daily basis. We language would allow this procedure to rics and Gynecology at the University of are all working to help mothers and their continue being performed as late as the Southern California in Los Angeles. I have children make it through difficult preg- sixth month of pregnancy. Addition- published more than 100 scientific papers and nancies. Still, I do disagree with his stand book chapters regarding complications of ally, such amendments would create that the legal freedom to do partial birth pregnancy. I direct the obstetrics service at loopholes allowing this cruel procedure abortions is necessary for us to take good Los Angeles County Women’s and Children’s to be used even as late as the third tri- care of our patients. For example, in the sec- Hospital, the major referral center for com- ond case he describes, I believe that patient mester of pregnancy, a time at which plicated obstetric cases among indigent and could have carried the pregnancy much fur- many babies can sustain life outside under-served women in Los Angeles. ther, and eventually delivered a healthy the womb. I have had occasion to review the cases de- child by repeat caesarean section followed by Passing the Partial-Birth Abortion scribed by Dr. Philip Darney, offered in sup- hysterectomy. Hemorrhage is always a con- Ban Act would prohibit any physician port of the position that partial birth abor- cern with such patients, but we have many tion, or intact D&E, was the best care for the or other individual from knowingly effective ways to handle this problem, which patient in those situations. Mindful of Dr. performing a partial-birth abortion, ex- Dr. Darney knows as well as I. Blood vessels cept when necessary to save the life of Darney’s broad experience with surgical can be tied off at surgery, blood vessels can abortion, I nevertheless disagree strongly be occluded using small vascular catheters, a mother who is endangered by a phys- that the approach he describes for these two cell-savers can be used to return the patients ical disorder, illness, or injury. Experts cases was best under the circumstances. own blood to them, blood may be given from have estimated that the partial-birth Such cases are infrequent, and there is no donors, pelvic pressure packs can be used for abortion procedure is used 3,000–5,000 single standard for management. However, it bleeding following hysterectomy, and other times annually, and that the vast ma- would certainly be considered atypical, in blood products (platelets, fresh frozen plas- jority of these procedures are per- my experience, to wait 12 hours to dilate the ma, etc) can be given to treat coagulation cervix with laminaria while the patient was formed on a healthy mother and a abnormalities (DIC). His approach of placing healthy fetus. The Physicians’ Ad Hoc actively hemorrhaging, as was described in laminaria to dilate the cervix in a patient his first case. Similarly, the approach to pre- with a placenta praevia is not without it’s Coalition on Truth—PHACT—a group sumed placenta acreta, described in the sec- own risk. of over 600 physicians-specialists—has ond case, is highly unusual. Although the If Dr. Darney performed the partial birth spoken out to dispute the claims that mother survived with significant morbidity, abortion on this patient to keep from doing some women need partial-birth abor- it is not clear that the novel approach to another c-section, or even to preserve her tions to avoid serious physical injury. management of these difficult cases is the uterus, I’m hopeful he counseled the patient In September 1996, former Surgeon safest approach. It is my opinion that the that if she becomes pregnant again, she will vast majority of physicians confronting ei- once again have a very high risk of having a General C. Everett Koop and other ther of these cases would opt for careful placenta praevia and placenta accreta. PHACT members said: hysterotomy as the safest means to evacuate Lastly, I believe that for some abortion- Partial-birth abortion is never medically the uterus. ists, the real reason they wish to preserve necessary to protect a mother’s health or her

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3655 future fertility. On the contrary, this proce- Most medical professionals would ducted post-viability. That’s why I in- dure can pose a significant threat to both. agree that this specific abortion proce- tend to support an amendment to re- Banning partial-birth abortion has dure is outrageous. In fact, the Amer- strict such procedures. The legislation been addressed in every Congress since ican Medical Association supported a I am supporting, however, is much the 104th session, and banned in both ban in 1999. more carefully crafted than the under- the 104th and 105th sessions. We now You will hear many on the other side lying bill, and it complies with the con- have a President in office who has argue about a woman’s health and re- stitution by providing an exception vowed to sign this Partial-Birth Ban productive rights. As the bill states, where the health of the woman is at Act when it comes before him without the physician credited with developing stake. hostile amendments that would allow the partial-birth abortion procedure While I understand the genuine con- the continuance of this procedure. It is has testified that he has never encoun- cerns of many advocates for this legis- our moral duty to ban this repulsive tered a situation where a partial-birth lation, the language of the bill actually practice once and for all, and it is my abortion was medically necessary to goes well beyond a ban on late-term sincere hope that Congress will be able achieve the desired outcome. His testi- abortions. In fact, its real effect would to finally pass the Partial-Birth Abor- mony waters down their theory that be to deny women’s access to some of tion Ban Act of 2003. this procedure is necessary in certain the safest abortion procedures at all Mr. GRASSLEY. Mr. President, I rise situations to preserve the mother’s stages of pregnancy. Because the legis- today in support for the Partial-Birth health. lation omits any mention of fetal via- Abortion Ban Act of 2003. If we know that the procedure can bility, it bans abortions throughout all As a father of five, a grandfather of pose a threat to both a woman’s imme- stages of pregnancy. And it bans one of nine, and a proud great-grandfather, I diate health and future reproductive the safest abortion methods—the ‘‘in- regard life as a precious gift. During capacity, why do you want to expose tact D&E’’—that is used when a wom- an’s life and health are in danger and my tenure in the Congress—that is, women to the risks? for severe fetal anomalies. since 1974—I have long supported poli- Condoning partial-birth abortion is I hope my colleagues will think long bad medicine, and bad policy. cies that stand up for life and protect and hard about the implications of the When abortion advocates say that the unborn. legislation before us. We need to be abortion is a matter just between a We made great strides in the 104th, very careful to avoid returning to a pe- 105th, and 106th Congresses on banning woman and her doctor, they are reject- riod in which abortion was illegal and partial-birth abortions. It was unfortu- ing the rights of an innocent human the only choice women had was to seek nate that President Clinton vetoed the being. an illegal and unsafe abortion. In those ban. Not once, but twice. The unborn baby is alive from the days, thousands of women died each Then, in 2000, the Supreme Court moment of fertilization, the unborn year as a direct result of these legal considered and struck down as uncon- baby has a heartbeat at 3 weeks and prohibitions. And it would be tragic if stitutional the Nebraska State law brain waves at 6 weeks, the unborn this Congress were to forget the lessons making partial-birth abortion illegal. baby has 46 chromosomes in the cells of of that history. In Stenberg v. Carhart, the Court be- his or her body, the unborn baby is a It also would be unconstitutional. In lieved that the Nebraska law (1) did not living human being. Roe v. Wade, the Supreme Court held contain an exception for the health of Dr. Seuss said it just right: A person that a woman has the right to choose a mother, and (2) was too broad and is a person, no matter how small. legal abortion until fetal viability. could be construed to cover other types Let’s pass this bill to protect the in- States have the authority to ban abor- of procedures. The bill before us spe- nocent and unborn. tion post-viability, so long as excep- cifically addresses the Supreme Court’s Mr. CORZINE. Mr. President, I rise tions are made to protect a woman’s concerns. in opposition to this legislation be- life and health. And, indeed, 41 States I am disappointed and sickened that cause I believe it is unconstitutional, have chosen to ban postviability abor- these abortion procedures are legal in and because its language is so broad tions in instances in which a woman’s the United States of America. I’m not that it effectively would ban standard life and health are not at stake. But, alone. According to a recent Gallup and safe abortion procedures. I am con- under no circumstances do the Con- poll, 70 percent of Americans want a cerned that, if approved, this bill would gress or the States have the authority ban. not only undermine a woman’s right to to ban medical procedures that are es- My constituents want a ban on par- choose, but it would endanger the lives sential to preserving a woman’s life or tial-birth abortions: of thousands of women who no longer health, nor do they have the authority A woman from Tabor, IA, wrote, ‘‘I’m would have access to safe abortion pro- to completely ban access to abortion horrified that under current law, thou- cedures when their health or their life previability. This is a constitutionally sands of partial-birth abortions are is in jeopardy. protected right. committed in America every year.’’ Before I go further, let me say that I Unfortunately, the majority leader A man from Atlantic, IA wrote, ‘‘I fully understand the very real and le- has brought to the Senate floor an believe that when women would see gitimate concerns of those who support abortion ban that has been struck that they would be terminating a life this legislation. The issue of abortion down by courts in 21 States, including then they would opt ‘no’ to abortion.’’ raises the most profound of moral and my State of New Jersey, and the Su- A woman from Nora Springs wrote, ethical dilemmas. These are emotional preme Court. Based on that precedent, ‘‘Abortions are actually murder be- issues. They raise many hard ques- there is little doubt that, if this bill is cause even though the child may not be tions. And the practical reality of abor- enacted, it also will be struck down, out of the womb, it’s still developing tion, all types of abortion, is hard for and therefore it won’t reduce the num- into a person.’’ all involved. ber of abortions at all. It makes you A woman from Waverly, IA, wrote, Speaking for myself, I support a wonder: Why are we even spending our ‘‘Partial-birth abortions are never woman’s right to choose. And I support time debating this legislation? medically necessary.’’ it strongly. As I see it, a decision about If we really are interested in reduc- A young man in the 6th grade from abortion generally should be made by a ing the number of abortions in this West Union, IA, wrote, ‘‘A child might woman and her doctor, not by politi- country, we should ensure that all die, and in the future that small child cians. women have access to the full array of could grow up to create a cure for a Having said that, I recognize that family planning services, including disease, or be a fireman and save many men and women of good faith can and prescription contraception, emergency lives. Just think, you could have been will reach different conclusions about contraception, and prenatal care. We aborted.’’ the difficult ethical questions involved also should support an expansion of It’s time for us to stand up against in the debate on this legislation. And, comprehensive sex education. I fully such an extreme medical practice that I share concerns raised by many bill support the amendment offered by Sen- stops the beating heart of an unborn proponents about some of the most dis- ator MURRAY and REID that would have child. turbing examples of procedures con- addressed these issues.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3656 CONGRESSIONAL RECORD — SENATE March 13, 2003 Every week, 8,500 children in our THE FACTS Morbidity trends indicate that dilation and country are born to mothers who (1) So-called ‘‘partial birth’’ abortion does evacuation is much safer than labor induc- lacked access to prenatal care. Too not exist. tion procedures and for women with certain many of these children are born with There is no mention of term ‘‘partial medical conditions, labor induction can pose birth’’ abortion in any medical literature. serious risks. Rates of major complications serious health problems because their from labor induction, including bleeding, in- mothers lacked adequate care during Physicians are never taught a technique called ‘‘partial birth’’ abortion and therefore fections, and unnecessary surgery, were at their pregnancies. As a result, 28,000 in- are unable to medically define the procedure. least twice as high as those from D&E. There fants die each year in the United What is described in the legislation, how- are instances of women who, after having States. That, Mr. President, is the real ever, could ban all abortions. ‘‘What this bill failed inductions, acquired infections neces- tragedy. And we ought to act imme- describes, albeit in non-medical terms, can sitating emergency D&Es as a last resort. diately to address this issue by expand- be interpreted as any abortion,’’ stated one Hysterotomy and hysterectomy, moreover, ing access to prenatal care, as several of our physician members. ‘‘Medicine is an carry a mortality rate seven times that of of my colleagues and I have proposed. art as much as it is a science; although there induction techniques and ten times that of is a standard of care, each procedure—and in- D&E. What we should not do, however, is There is a psychological component which pass legislation that we know is uncon- deed each woman—is different. The wording here could apply to any abortion patient.’’ makes D&E preferable to labor induction; stitutional, that would ban a common The bill’s language is too vague to be useful; undergoing difficult, expensive and painful and safe form of abortion at all stages in fact, it is so vague as to be harmful. It is labor for up to two days can be extremely of pregnancy, and that would increase intentionally unclear and deceptive. emotionally and psychologically difficult, maternal mortality—all without im- (2) Physicians need to have all medical op- much more so than a surgical procedure that proving the health of a single child. tions available in order to provide the best can be done in less than an hour under gen- For these reasons, I urge my col- medical care possible. eral or local anesthesia. Furthermore, labor leagues to oppose this bill. Tying the hands of physicians endangers induction does not always work: Between 15 I ask unanimous consent to print in the health of patients. It is unethical and and 30 percent or more of cases require sur- gery to complete the procedure. There is no the RECORD two letters, one from Phy- dangerous for legislators to dictate the de- question that D&E is the safest method of sicians for Reproductive Choice and tails of specific surgical procedures. Until a surgeon examines the patient, she does not second-trimester abortion. Health, and the other from Mr. Felicia necessarily know which technique or proce- There is also a technique known as dila- Stewart, Professor of Obstetrics and dure would be in the patient’s best interest. tion and extraction (D&X). There is a limited Gynecology at the University of Cali- Banning procedures puts women’s health at medical literature on D&X because it is an fornia. I believe these letters describe risk. uncommonly used variant of D&X. However, better than I the important medical (3) Politicians should not legislate medical it is sometimes a physician’s preferred meth- reasons for voting against this bill. decision-making. od of termination for a number of reasons: It There being no objection, the mate- To do so would violate the sanctity and le- offers a woman the chance to see the intact rial was ordered to be printed in the gality of the physician-patient relationship. outcome of a desired pregnancy, to speed up The right to have an abortion is constitu- the grieving process; it provides a greater RECORD, as follows: tionally-protected. To falsify scientific evi- chance of acquiring valuable information re- PHYSICIANS FOR REPRODUCTIVE dence in an attempt to deny women that garding hereditary illness or fetal anomaly; CHOICE AND HEALTH, right is unconscionable and dangerous. and D&E provides a decreased risk of injury New York, NY, March 12, 2003. The American College of Obstetricians and to the woman, as the procedure is quicker Hon. JON S. CORZINE, Gynecologists, representing 45,000 ob-gyns, than induction and involves less use of sharp U.S. Senate, agrees: ‘‘The intervention of legislative bod- instruments in the uterus, providing a de- Washington, DC. ies into medical decision making is inappro- creased chance of uterine perforations or DEAR SENATOR CORZINE: We are writing to priate, ill advised, and dangerous.’’ tears and cervical lacerations. The American urge you to stand in defense of women’s re- The American Medical Women’s Associa- College of Obstetricians and Gynecologists productive health and vote against S.3, legis- tion, representing 10,000 female physicians, is addressed this in their statement in opposi- lation regarding so-called ‘‘partial birth’’ opposed to an abortion ban because it ‘‘rep- tion to so-called ‘‘partial birth’’ abortion abortion. resents a serious impingement on the rights when they said that D&X ‘‘may be the best We are practicing family physicians; obste- of physicians to determine appropriate med- or most appropriate procedure in a par- trician-gynecologists; academics in obstet- ical management for individual patients.’’ ticular circumstance to save the life or pre- rics, gynecology and women’s health; and a serve the health of a woman, and only the variety of other specialties in medicine. We THE SCIENCE doctor, in consultation with the patient, believe it is imperative that those who per- We know that there is no such technique as based on the woman’s particular cir- form terminations and manage the pre- and ‘‘partial birth’’ abortion, and we believe this legislation is a thinly-veiled attempt to out- cumstances, can make this decision. post-operative care of women receiving abor- It is important to note that these proce- law all abortions. Those supporting this leg- tions are given a voice in a debate that has dures are used at varying gestational ages. islation seem to want to confuse both legis- largely ignored the two groups whose lives both D&E and D&X are options for surgical lators and the public about which abortion would be most affected by this legislation: abortion prior to viability. D&E and D&X procedures are actually used. Since the physicians and patients. are used solely based on the size of the fetus, It is misguided and unprincipled for law- greatest confusion seems to center around the health of the woman, and the physician’s makers to legislate decision-making in medi- techniques that are used after the first tri- judgment, and the decision regarding which cine. We all want safe and effective medical mester, we will address those: dilation and procedure to use is done on a case-by-case procedures for women; on that there is no evacuation (D&E), dilation and extraction basis. dispute. However, the business of medicine is (D&X), instillation, hysterectomy and not always palatable to those who do not hysterotomy (commonly known as a c-sec- THE LEGISLATION practice it on a regular basis. The descrip- tion). Because this legislation is so vague, it tion of a number of procedures—from Dilation and evacuation (D&E) is the would outlaw D&E and D&X (and arguably liposuction to cardiac surgery—may seem standard approach for second-trimester abor- techniques used in the first trimester). In- distasteful to some, and even repugnant to tions. The D&E is similar to first-trimester deed, the Congressional findings—which go others. When physicians analyze and refine vacuum aspiration except that the cervix into detail, albeit in non-medical terms—do surgical techniques, it is always for the best must be further dilated because surgical in- not remotely correlate with the language of interest of the patient. The risk of death as- struments are used. Morbidity and mortality the bill. This legislation is reckless. The out- sociated with childbirth is about 11 times as studies indicate D&E is preferable to labor come of its passage would undoubtedly be high as that associated with abortion. Abor- induction methods (instillation), countless deaths and irreversible damage to tion is proven to be one of the safest proce- hysterotomy and hysterectomy because of thousands of women and families. We can dures in medicine, significantly safer than issues regarding complications and safety. safely assert that without D&E and D&X, childbirth, and in fact saves women’s lives. From the years 1972–76, labor induction that is, an enactment of S. 3, we will be re- While we can argue as to why this legisla- procedures carried a maternal mortality rate turning to the days when an unwanted preg- tion is dangerous, deceptive and unconstitu- of 16.5 (note: all numbers listed are out of nancy led women to death through illegal tional—and it is—the fact of the matter is 100,000); the corresponding rate for D&E was and unsafe procedures, self-inflected abor- that the text of the bill is so vague and mis- 10.4. From 1977–82, labor induction fell to 6.8, tions, uncontrollable infections and suicide. leading that there is a great need to correct but D&E dropped to 3.3 From 1983–87, induc- The cadre of physicians who provide abor- the misconceptions around abortion safety tion methods had a 3.5 mortality rate, while tions should be honored, not vilified. They and technique. It is wrong to assume that a D&E fell to 2.9. Although the difference be- are heroes to millions of women, offering the specific procedure is never needed; what is tween the methods shrank by the mid-1980s, opportunity of choice and freedom. We urge required is the safest option for the patient, the use of D&E had already quickly outpaced you to consider scientific data rather than and that varies from case to case. induction. partisan rhetoric when voting on such far-

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3657 reaching public health legislation. We Natalie E. Roche, MD, Assistant Professor dilation and extraction (d&x, sometimes re- strongly oppose legislation intended to ban of Obstetrics and Gynecology, New Jersey ferred to as ‘‘inact d&e), dilation and evacu- so-called ‘‘partial birth’’ abortion. Medical College, Newark, NJ. ation (d&e), the most common second-tri- Sincerely, Roger A. Rosenblatt, MD, MPH, Professor mester procedure. In addition, such a ban Nassim Assefi, MD, Attending, Women’s and Vice Chair, Department of Family Medi- could also apply to induction methods. Even Clinic and Adult Medicine, Harborview Med- cine, Rural Underserved Opportunity Pro- if a physician is using induction as the pri- ical Center, Seattle, WA. gram Director—School of Medicine Univer- mary method for abortion, he or she may not Jonathan D. Berman, MD, Columbia River sity of Washington School of Medicine Se- be able to assure that the procedure could be Mental Health Services, Vancouver, WA. attle, WA. effected without running afoul of the pro- Elizabeth Bianchi, MD, Spokane, WA. Courtney Schreiber, MD, Chief Resident, posed ban. A likely outcome if this legisla- Paul D. Blumenthal, MD, MPH, Associate Obstetrics and Gynecology, University of tion is enacted and enforced is that physi- Professor, Department of Gynecology and Pennsylvania Health System, Philadelphia, cians will fear criminal prosecution for any Obstetrics, Johns Hopkins University, Direc- PA. second trimester abortion—and women will tor, Contraceptive Research and Programs, Jody Steinauer, MD, Clinical Fellow, Dept. have no choice but to carry pregnancies to Johns Hopkins Bayview Medical Center, Bal- of Obstetrics, Gynecology and Reproductive term despite the risks to their health. It timore, MD. Sciences, University of California, San Fran- would be a sad day for medicine if Congress Fredrik F. Broekhuizen, MD, Professor Ob- cisco, CA. decides that hysterotomy, hysterectomy, or Steven B. Tamarin, MD, St. Luke’s/Roo- stetrics and Gynecology, Medical College of unsafe continuation of pregnancy are wom- sevelt Medical Center, Attending Assistant, Wisconsin, Madison, WI. en’s only available options. Williams Obstet- Herbert Brown, MD, Clinical Associate Department of Pediatrics, New York, NY. Katherine Van Kessel, MD, Attending Phy- rics, one of the leading medical texts in Ob- Professor, Obstetrics and Gynecology, Uni- stetrics and Gynecology, has this to say versity of Texas Health Science Center at sician, Harborview Medical Center, Depart- ment of OB/Gyn, University of Washington about the hysterotomy ‘‘option’’ that the San Antonio, San Antonio, TX. bill leaves open: ‘‘Nottage and Liston (1975), Wendy Chavkin, MD, MPH, Professor of Medical Center, Seattle, WA. Gerson Weiss, MD, Professor and Chair, based on review of 700 hysterotomies, right- Clinical Public Health and Ob-Gyn, Colum- Department of Obstetrics, Gynecology and fully concluded that the operation is out- bia University, School of Public Health. Women’s Health, New Jersey Medical Col- dated as a routine method for terminating Philip A. Corfman, MD, Consultant in Re- lege, Newark, NJ. pregnancy.’’ (Cunningham and McDonald, et productive Health, Bethesda, MD. Beverly Winikoff, MD, MPH, President, al, Williams Obstetrics, 19th ed., (1993), p. Anne R. Davis, MD, MPH, Assistant Clin- Gynuity Health Projects, New York, NY. 663.) ical Professor of Obstetrics and Gynecology, And the board of Physicians for Reproduc- Obviously, allowing women to have a Columbia College of Physicians and Sur- tive Choice and Health. hysterectomy means that Congress is au- geons, Columbia University, New York, NY. thorizing women to have an abortion at the Quentin B. Deming, MD, Jacob A. and MARCH 5, 2003. price of their future fertility, and with the Jeanne E. Barkey, Professor of Medince, Hon. BARBARA BOXER, added risks and costs of major surgery. In Emeritus, Albert Einstein College of Medi- U.S. Senate, sum, the options left are less safe for women cine, New York, NY. Washington, DC. who need an abortion after the first tri- Paul M. Fine, MD, Medical Director, DEAR SENATOR BOXER: I understand that mester of pregnancy. Planned Parenthood of Houston and South- you will be considering Senate S. 3, the ban I’d like to focus my attention on that sub- east Texas, Houston, TX. on abortion procedures, soon and would like set of the women affected by this bill who Marilynn C. Frederiksen, MD, Associate to offer some medical information that may face grievous underlying medical conditions. Professor of Obstetrics and Gynecology, assist you in your efforts. Important stakes To be sure, these are not the majority of Northwestern University Medical School, for women’s health are involved: if Congress women who will be affected by this legisla- Chicago, IL. enacts such a sweeping ban, the result could tion, but the grave health conditions that Susan George, MD, Family Physician, effectively ban safe and common, pre-viabil- could be worsened by this bill illustrate how Portland, ME. ity abortion procedures. sweeping the legislation is. Richard W. Grady, MD, Assistant Pro- By way of background, I am an adjunct Take for instance women who face hyper- fessor, Children’s Hospital and Regional professor in the Department of Obstetrics, tensive disorders such as eclampsia—convul- Medical Center, Seattle, WA. Gynecology and Reproductive Sciences at sions precipitated by pregnancy-induced or Laura J. Hart, MD, Alaska Urological As- the University of California, San Francisco, sociates, Seattle, WA aggravated hypertension (high blood pres- where I co-direct the Center for Reproduc- sure). This, along with infection and hemor- Paula J. Adams Hillard, MD, Professor, tive Health Research and Policy. Formerly, I OB-Gyn and Pediatrics, University of Cin- rhage, is one of the most common causes of directed the Reproductive Health program maternal death. With eclampsia, the kidneys cinnati College of Medicine, Cincinnati, OH. for the Henry J. Kaiser Family Foundation Sarah Hufbauer, MD, Country Doctor Com- and liver may be affected, and in some cases, and served as Deputy Assistant Secretary for if the woman is not provided an abortion, her munity Clinic, Seattle, WA. Population Affairs for the United States De- Robert L. Johnson, MD, FAAP, Pediatri- liver could rupture, she could suffer a stroke, partment of Health and Human Services. I brain damage, or coma. Hypertensive dis- cian and Adolescent Medicine Specialist, Or- represented the United States at the Inter- ange, NJ. orders are conditions that can develop over national Conference on Population and De- time or spiral out of control in short order, Harry S. Jonas, MD, Past President, The velopment (ICPD) in Cairo, Egypt, and cur- American College of Obstetricians and Gyne- and doctors must be given the latitude to rently serve on a number of Boards for orga- terminate a pregnancy if necessary in the cologist, Lee’s Summit, MO. nizations that promote emergency contra- Deborah E. Klein, MD, Swedish Physician safest possible manner. ception and new contraceptive technologies, If the safest medical procedures are not Division, Seattle, WA. and support reducing teen pregnancy. My Julie Komarow, MD, Covington Primary available to terminate a pregnancy, severe medical and policy areas of expertise are in adverse health consequences are possible for Care, Covington, WA. the family planning and reproductive health, Kim Leatham, MD, Clinical Instructor, some women who have underlying medical prevention of sexually transmitted infec- University of Washington, Dept. of Family conditions necessitating a termination of tions including HIV/AIDS, and enhancing Medicine, Medical Director, Virginia Mason their pregnancies, including: death (risk of international and family planning. death higher with less safe abortion meth- Winslow, Bainbridge Island, WA. The proposed ban on abortion procedures ods), infertility, paralysis, coma, stroke, David A. Levine, MD, Associate Professor criminalizes abortions in which the provider hemorrhage, brain damage, infection, liver of Clinical Pediatrics, Morehouse School of ‘‘deliberately and intentionally vaginally de- damage, and kidney damage. Medicine, Atlanta, GA. livers a living fetus . . . for the purpose of Legislation forcing doctors to forego medi- Sara Buchdahl Levine, MD, MPH, Resi- performing an overt act that the person cally indicated abortions or to use less safe dent, Social Pediatrics, Children’s Hospital knows will kill the partially delivered living but politically-palatable procedures is sim- at Montefiore, Bronx, NY. fetus . . .’’ The criminal ban being consid- ply unacceptable for women’s health. Scott T. McIntyre, MD, Seattle Family ered is flawed in a number of respects: Medicine, Aurora Medical Services, Planned It fails to protect women’s health by omit- Thank you very much, Senator, for your Parenthood of Western Washington Medical ting an exception for women’s health; efforts to educate your colleagues about the Advisory Committee, Seattle, WA. It menaces medical practice with the implications of the proposed ban on abortion Catherine P. McKegney, MD, MS, Hennepin threat of criminal prosecution; procedures. Count Medical Director, Department of Fam- It encompasses a range of abortion proce- Sincerely, ily Practice, Minneapolis, MN. dures; and FELICIA H. STEWART, M.D. Deborah Oyer, MD, Medical Director, Au- It leaves women in need of second tri- Mr. SANTORUM. Mr. President, I rora Medical Services, Clinical Assistant mester abortions with far less safe medical ask for the yeas and nays. Professor in Family Medicine, University of options: hysterotomy (similar to a caesarean Washington, Seattle, WA. section) and hysterectomy. The PRESIDING OFFICER. Is there a Warren H. Pearse, MD, Ob/Gyn, The proposed ban would potentially en- sufficient second? There is a sufficient Mitchellville, MD. compass several abortion methods, including second.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3658 CONGRESSIONAL RECORD — SENATE March 13, 2003 The bill having been read the third (1) A moral, medical, and ethical consensus findings that the Supreme Court was bound time, the question is, Shall the bill exists that the practice of performing a par- to accept in Stenberg under the ‘‘clearly er- pass? The clerk will call the roll. tial-birth abortion—an abortion in which a roneous’’ standard. Rather, the United physician delivers an unborn child’s body States Congress is entitled to reach its own The legislative clerk called the roll. until only the head remains inside the womb, factual findings—findings that the Supreme Mr. REID. I announce that the Sen- punctures the back of the child’s skull with Court accords great deference—and to enact ator from Delaware (Mr. BIDEN), the a Sharp instrument, and sucks the child’s legislation based upon these findings so long Senator from North Carolina (Mr. brains out before completing delivery of the as it seeks to pursue a legitimate interest EDWARDS), and the Senator from Mas- dead infant—is a gruesome and inhumane that is within the scope of the Constitution, sachusetts (Mr. KERRY) are necessarily procedure that is never medically necessary and draws reasonable inferences based upon absent. and should be prohibited. substantial evidence. I further announce that, if present (2) Rather than being an abortion proce- (9) In Katzenbach v. Morgan (384 U.S. 641 dure that is embraced by the medical com- (1966)), the Supreme Court articulated its and voting, the Senator from North munity, particularly among physicians who highly deferential review of Congressional Carolina (Mr. EDWARDS) and the Sen- routinely perform other abortion procedures, factual findings when it addressed the con- ator from Massachusetts (Mr. KERRY) partial-birth abortion remains a disfavored stitutionality of section 4(e) of the Voting would each vote ‘‘no’’. procedure that is not only unnecessary to Rights Act of 1965. Regarding Congress’ fac- The PRESIDING OFFICER (Ms. MUR- preserve the health of the mother, but in tual determination that section 4(e) would KOWSKI). Are there any other Senators fact poses serious risks to the long-term assist the Puerto Rican community in ‘‘gain- in the Chamber desiring to vote? health of women and in some circumstances, ing nondiscriminatory treatment in public their lives. As a result, at least 27 States services,’’ the Court stated that ‘‘[i]t was for The result was announced—yeas 64, banned the procedure as did the United Congress, as the branch that made this judg- nays 33, as follows: States Congress which voted to ban the pro- ment, to assess and weigh the various con- [Rollcall Vote No. 51 Leg.] cedure during the 104th, 105th, and 106th Con- flicting considerations.... It is not for us YEAS—64 gresses. to review the congressional resolution of (3) In Stenberg v. Carhart (530 U.S. 914, 932 these factors. It is enough that we be able to Alexander Dole McCain (2000)), the United States Supreme Court perceive a basis upon which the Congress Allard Domenici McConnell opined ‘‘that significant medical authority might resolve the conflict as it did. There Allen Dorgan Miller Bayh Ensign Murkowski supports the proposition that in some cir- plainly was such a basis to support section Bennett Enzi Nelson (NE) cumstances, [partial birth abortion] would 4(e) in the application in question in this Bond Fitzgerald Nickles be the safest procedure’’ for pregnant women case.’’ (Id. at 653). Breaux Frist Pryor who wish to undergo an abortion. Thus, the (10) Katzenbach’s highly deferential review Brownback Graham (SC) Reid Court struck down the State of Nebraska’s of Congress’s factual conclusions was relied Bunning Grassley Roberts ban on partial-birth abortion procedures, upon by the United States District Court for Burns Gregg Santorum concluding that it placed an ‘‘undue burden’’ the District of Columbia when it upheld the Byrd Hagel Sessions Campbell Hatch on women seeking abortions because it failed ‘‘bail-out’’ provisions of the Voting Rights Carper Hollings Shelby to include an exception for partial-birth Act of 1965, (42 U.S.C. 1973c), stating that Chambliss Hutchison Smith abortions deemed necessary to preserve the ‘‘congressional fact finding, to which we are Cochran Inhofe Specter ‘‘health’’ of the mother. inclined to pay great deference, strengthens Coleman Johnson Stevens (4) In reaching this conclusion, the Court the inference that, in those jurisdictions cov- Conrad Kyl Sununu deferred to the Federal district court’s fac- ered by the Act, state actions discriminatory Cornyn Landrieu Talent tual findings that the partial-birth abortion in effect are discriminatory in purpose’’. Thomas Craig Leahy procedure was statistically and medically as City of Rome, Georgia v. U.S. (472 F. Supp. Crapo Lincoln Voinovich Daschle Lott Warner safe as, and in many circumstances safer 221 (D. D. Col. 1979)) aff’d City of Rome, Geor- DeWine Lugar than, alternative abortion procedures. gia v. U.S. (46 U.S. 156 (1980)). (5) However, the great weight of evidence (11) The Court continued its practice of de- NAYS—33 presented at the Stenberg trial and other ferring to congressional factual findings in Akaka Durbin Lieberman trials challenging partial-birth abortion reviewing the constitutionality of the must- Baucus Feingold Mikulski bans, as well as at extensive Congressional carry provisions of the Cable Television Con- Bingaman Feinstein Murray hearings, demonstrates that a partial-birth sumer Protection and Competition Act of Boxer Graham (FL) Nelson (FL) abortion is never necessary to preserve the 1992. See Turner Broadcasting System, Inc. Cantwell Harkin Reed Chafee Inouye Rockefeller health of a woman, poses significant health v. Federal Communications Commission (512 Clinton Jeffords Sarbanes risks to a woman upon whom the procedure U.S. 622 (1994) (Turner I)) and Turner Broad- Collins Kennedy Schumer is performed, and is outside of the standard casting System, Inc. v. Federal Communica- Corzine Kohl Snowe of medical care. tions Commission (520 U.S. 180 (1997) (Turner Dayton Lautenberg Stabenow (6) Despite the dearth of evidence in the II)). At issue in the Turner cases was Con- Dodd Levin Wyden Stenberg trial court record supporting the gress’ legislative finding that, absent manda- NOT VOTING—3 district court’s findings, the United States tory carriage rules, the continued viability Court of Appeals for the Eighth Circuit and of local broadcast television would be ‘‘seri- Biden Edwards Kerry the Supreme Court refused to set aside the ously jeopardized’’. The Turner I Court rec- CHANGE OF VOTE district court’s factual findings because, ognized that as an institution, ‘‘Congress is Mr. DURBIN. Madam President, on under the applicable standard of appellate far better equipped than the judiciary to the previous rollcall vote on S. 3, I in- review, they were not ‘‘clearly erroneous’’. A ‘amass and evaluate the vast amounts of finding of fact is clearly erroneous ‘‘when al- data’ bearing upon an issue as complex and advertently cast a vote I did not intend though there is evidence to support it, the dynamic as that presented here’’ (512 U.S. at to cast. On rollcall vote No. 51, I voted reviewing court on the entire evidence is left 665–66). Although the Court recognized that yea. It was my intention to vote nay. with the definite and firm conviction that a ‘‘the deference afforded to legislative find- Therefore, I ask unanimous consent mistake has been committed’’. Anderson v. ings does ‘not foreclose our independent that I be permitted to change my vote City of Bessemer City, North Carolina (470 judgment of the facts bearing on an issue of since it will not affect the outcome. U.S. 564, 573 (1985)). Under this standard, ‘‘if constitutional law,’ ’’ its ‘‘obligation to exer- The PRESIDING OFFICER. Without the district court’s account of the evidence cise independent judgment when First objection, it is ordered. is plausible in light of the record viewed in Amendment rights are implicated is not a li- its entirety, the court of appeals may not re- cense to reweigh the evidence de novo, or to (The foregoing tally has been verse it even though convinced that had it replace Congress’ factual predictions with changed to reflect the above order.) been sitting as the trier of fact, it would our own. Rather, it is to assure that, in for- The bill (S. 3), as amended, was have weighed the evidence differently’’ (Id. mulating its judgments, Congress has drawn passed, as follows: at 574). reasonable inferences based on substantial S. 3 (7) Thus, in Stenberg, the United States evidence.’’ (Id. at 666). Supreme Court was required to accept the (12) Three years later in Turner II, the Be it enacted by the Senate and House of Rep- very questionable findings issued by the dis- Court upheld the ‘‘must-carry’’ provisions resentatives of the United States of America in trict court judge—the effect of which was to based upon Congress’ findings, stating the Congress assembled, render null and void the reasoned factual Court’s ‘‘sole obligation is ‘to assure that, in SECTION 1. SHORT TITLE. findings and policy determinations of the formulating its judgments, Congress has This Act may be cited as the ‘‘Partial- United States Congress and at least 27 State drawn reasonable inferences based on sub- Birth Abortion Ban Act of 2003’’. legislatures. stantial evidence.’ ’’ (520 U.S. at 195). Citing SEC. 2. FINDINGS. (8) However, under well-settled Supreme its ruling in Turner I, the Court reiterated The Congress finds and declares the fol- Court jurisprudence, the United States Con- that ‘‘[w]e owe Congress’ findings deference lowing: gress is not bound to accept the same factual in part because the institution ‘is far better

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3659 equipped than the judiciary to ‘‘amass and during which a partial-birth abortion was however, that unborn infants at this stage evaluate the vast amounts of data’’ bearing necessary to preserve the health of a woman. can feel pain when subjected to painful stim- upon’ legislative questions,’’ (Id. at 195), and (E) The physician credited with developing uli and that their perception of this pain is added that it ‘‘owe[d] Congress’ findings an the partial-birth abortion procedure has tes- even more intense than that of newborn in- additional measure of deference out of re- tified that he has never encountered a situa- fants and older children when subjected to spect for its authority to exercise the legis- tion where a partial-birth abortion was the same stimuli. Thus, during a partial- lative power.’’ (Id. at 196). medically necessary to achieve the desired birth abortion procedure, the child will fully (13) There exists substantial record evi- outcome and, thus, is never medically nec- experience the pain associated with piercing dence upon which Congress has reached its essary to preserve the health of a woman. his or her skull and sucking out his or her conclusion that a ban on partial-birth abor- (F) A ban on the partial-birth abortion pro- brain. tion is not required to contain a ‘‘health’’ ex- cedure will therefore advance the health in- (N) Implicitly approving such a brutal and ception, because the facts indicate that a terests of pregnant women seeking to termi- inhumane procedure by choosing not to pro- partial-birth abortion is never necessary to nate a pregnancy. hibit it will further coarsen society to the preserve the health of a woman, poses seri- (G) In light of this overwhelming evidence, humanity of not only newborns, but all vul- ous risks to a woman’s health, and lies out- Congress and the States have a compelling nerable and innocent human life, making it side the standard of medical care. Congress interest in prohibiting partial-birth abor- increasingly difficult to protect such life. was informed by extensive hearings held dur- tions. In addition to promoting maternal Thus, Congress has a compelling interest in ing the 104th, 105th, and 107th Congresses and health, such a prohibition will draw a bright acting—indeed it must act—to prohibit this line that clearly distinguishes abortion and passed a ban on partial-birth abortion in the inhumane procedure. infanticide, that preserves the integrity of 104th, 105th, and 106th Congresses. These (O) For these reasons, Congress finds that the medical profession, and promotes respect findings reflect the very informed judgment partial-birth abortion is never medically in- for human life. of the Congress that a partial-birth abortion dicated to preserve the health of the mother; (H) Based upon Roe v. Wade (410 U.S. 113 is never necessary to preserve the health of is in fact unrecognized as a valid abortion (1973)) and Planned Parenthood v. Casey (505 a woman, poses serious risks to a woman’s procedure by the mainstream medical com- U.S. 833 (1992)), a governmental interest in health, and lies outside the standard of med- munity; poses additional health risks to the protecting the life of a child during the de- mother; blurs the line between abortion and ical care, and should, therefore, be banned. livery process arises by virtue of the fact (14) Pursuant to the testimony received infanticide in the killing of a partially-born that during a partial-birth abortion, labor is child just inches from birth; and confuses the during extensive legislative hearings during induced and the birth process has begun. the 104th, 105th, and 107th Congresses, Con- role of the physician in childbirth and This distinction was recognized in Roe when should, therefore, be banned. gress finds and declares that: the Court noted, without comment, that the SEC. 3. PROHIBITION ON PARTIAL-BIRTH ABOR- (A) Partial-birth abortion poses serious Texas parturition statute, which prohibited risks to the health of a woman undergoing TIONS. one from killing a child ‘‘in a state of being (a) IN GENERAL.—Title 18, United States the procedure. Those risks include, among born and before actual birth,’’ was not under other things: an increase in a woman’s risk Code, is amended by inserting after chapter attack. This interest becomes compelling as 73 the following: of suffering from cervical incompetence, a the child emerges from the maternal body. A result of cervical dilation making it difficult child that is completely born is a full, legal ‘‘CHAPTER 74—PARTIAL-BIRTH or impossible for a woman to successfully person entitled to constitutional protections ABORTIONS carry a subsequent pregnancy to term; an in- afforded a ‘‘person’’ under the United States ‘‘Sec. creased risk of uterine rupture, abruption, Constitution. Partial-birth abortions involve ‘‘1531. Partial-birth abortions prohibited. amniotic fluid embolus, and trauma to the the killing of a child that is in the process, ‘‘§ 1531. Partial-birth abortions prohibited uterus as a result of converting the child to in fact mere inches away from, becoming a ‘‘(a) Any physician who, in or affecting a footling breech position, a procedure ‘‘person’’. Thus, the government has a interstate or foreign commerce, knowingly which, according to a leading obstetrics text- heightened interest in protecting the life of performs a partial-birth abortion and there- book, ‘‘there are very few, if any, indications the partially-born child. by kills a human fetus shall be fined under for...other than for delivery of a second (I) This, too, has not gone unnoticed in the this title or imprisoned not more than 2 twin’’; and a risk of lacerations and sec- medical community, where a prominent years, or both. This subsection does not ondary hemorrhaging due to the doctor medical association has recognized that par- apply to a partial-birth abortion that is nec- blindly forcing a sharp instrument into the tial-birth abortions are ‘‘ethically different essary to save the life of a mother whose life base of the unborn child’s skull while he or from other destructive abortion techniques is endangered by a physical disorder, phys- she is lodged in the birth canal, an act which because the fetus, normally twenty weeks or ical illness, or physical injury, including a could result in severe bleeding, brings with it longer in gestation, is killed outside of the life-endangering physical condition caused the threat of shock, and could ultimately re- womb’’. According to this medical associa- by or arising from the pregnancy itself. This sult in maternal death. tion, the ‘‘ ‘partial birth’ gives the fetus an subsection takes effect 1 day after the date (B) There is no credible medical evidence autonomy which separates it from the right of enactment of this chapter. that partial-birth abortions are safe or are of the woman to choose treatments for her ‘‘(b) As used in this section— safer than other abortion procedures. No own body’’. ‘‘(1) the term ‘partial-birth abortion’ controlled studies of partial-birth abortions (J) Partial-birth abortion also confuses the means an abortion in which— have been conducted nor have any compara- medical, legal, and ethical duties of physi- ‘‘(A) the person performing the abortion tive studies been conducted to demonstrate cians to preserve and promote life, as the deliberately and intentionally vaginally de- its safety and efficacy compared to other physician acts directly against the physical livers a living fetus until, in the case of a abortion methods. Furthermore, there have life of a child, whom he or she had just deliv- head-first presentation, the entire fetal head been no articles published in peer-reviewed ered, all but the head, out of the womb, in is outside the body of the mother, or, in the journals that establish that partial-birth order to end that life. Partial-birth abortion case of breech presentation, any part of the abortions are superior in any way to estab- thus appropriates the terminology and tech- fetal trunk past the navel is outside the body lished abortion procedures. Indeed, unlike niques used by obstetricians in the delivery of the mother for the purpose of performing other more commonly used abortion proce- of living children—obstetricians who pre- an overt act that the person knows will kill dures, there are currently no medical schools serve and protect the life of the mother and the partially delivered living fetus; and that provide instruction on abortions that the child—and instead uses those techniques ‘‘(B) performs the overt act, other than include the instruction in partial-birth abor- to end the life of the partially-born child. completion of delivery, that kills the par- tions in their curriculum. (K) Thus, by aborting a child in the man- tially delivered living fetus; and (C) A prominent medical association has ner that purposefully seeks to kill the child ‘‘(2) the term ‘physician’ means a doctor of concluded that partial-birth abortion is ‘‘not after he or she has begun the process of medicine or osteopathy legally authorized to an accepted medical practice,’’ that it has birth, partial-birth abortion undermines the practice medicine and surgery by the State ‘‘never been subject to even a minimal public’s perception of the appropriate role of in which the doctor performs such activity, amount of the normal medical practice de- a physician during the delivery process, and or any other individual legally authorized by velopment,’’ that ‘‘the relative advantages perverts a process during which life is the State to perform abortions: Provided, and disadvantages of the procedure in spe- brought into the world, in order to destroy a however, That any individual who is not a cific circumstances remain unknown,’’ and partially-born child. physician or not otherwise legally author- that ‘‘there is no consensus among obstetri- (L) The gruesome and inhumane nature of ized by the State to perform abortions, but cians about its use’’. The association has fur- the partial-birth abortion procedure and its who nevertheless directly performs a partial- ther noted that partial-birth abortion is disturbing similarity to the killing of a new- birth abortion, shall be subject to the provi- broadly disfavored by both medical experts born infant promotes a complete disregard sions of this section. and the public, is ‘‘ethically wrong,’’ and ‘‘is for infant human life that can only be coun- ‘‘(c)(1) The father, if married to the mother never the only appropriate procedure’’. tered by a prohibition of the procedure. at the time she receives a partial-birth abor- (D) Neither the plaintiff in Stenberg v. (M) The vast majority of babies killed dur- tion procedure, and if the mother has not at- Carhart, nor the experts who testified on his ing partial-birth abortions are alive until the tained the age of 18 years at the time of the behalf, have identified a single circumstance end of the procedure. It is a medical fact, abortion, the maternal grandparents of the

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3660 CONGRESSIONAL RECORD — SENATE March 13, 2003 fetus, may in a civil action obtain appro- Basic human decency has prevailed. I This debate is a difficult one, and I priate relief, unless the pregnancy resulted pray that never again will it be legal in commend those on both sides of the from the plaintiff’s criminal conduct or the this country to perform this barbaric issue who have given their time on the plaintiff consented to the abortion. procedure. Unfortunately, I am sure floor to express their very deeply held ‘‘(2) Such relief shall include— ‘‘(A) money damages for all injuries, psy- that opponents of this measure will views on this matter. While the debate chological and physical, occasioned by the seek to challenge the law in court— has had some unfortunate low points, violation of this section; and where I hope good judgment will ulti- it has also had some very high ones. ‘‘(B) statutory damages equal to three mately prevail. Even in Stenberg v. In particular, I commend those on times the cost of the partial-birth abortion. Carhart the Supreme Court confirmed, the Democratic side Senators BOXER, ‘‘(d)(1) A defendant accused of an offense and I quote, ‘‘By no means must physi- MURRAY, DURBIN, HARKIN, and FEIN- under this section may seek a hearing before cians [be granted] ‘unfettered discre- STEIN—who have helped manage the the State Medical Board on whether the phy- floor this week. Each of them has sician’s conduct was necessary to save the tion’ in their selection of abortion life of the mother whose life was endangered methods.’’ worked diligently to ensure these dif- by a physical disorder, physical illness, or There are those who consider every ficult issues were given the honest, physical injury, including a life-endangering type of abortion sacrosanct and will constructive attention they deserve. I physical condition caused by or arising from oppose any effort to apply common- know very well how thankless that job the pregnancy itself. sense reasoning to the debate. I don’t can be, and I am grateful for their ef- ‘‘(2) The findings on that issue are admis- know how to get through to these peo- forts. sible on that issue at the trial of the defend- ple, except by forcing them to witness I am personally opposed to abortion, ant. Upon a motion of the defendant, the and I oppose Federal funding of abor- court shall delay the beginning of the trial this barbaric procedure. A baby is al- for not more than 30 days to permit such a most fully delivered with only her head tion except in cases of rape, incest, or hearing to take place. remaining inside the birth canal when medical necessity. Far too many abor- ‘‘(e) A woman upon whom a partial-birth the doctor stabs scissors into the base tions are performed in this country, abortion is performed may not be prosecuted of her skull to open a hole through and I want to do everything reasonable under this section, for a conspiracy to vio- which he then sucks out her brain and to discourage abortion. late this section, or for an offense under sec- collapses her skull. I honestly don’t That is why I support efforts to fa- tion 2, 3, or 4 of this title based on a viola- know how anyone can avoid being cilitate and promote adoption as an al- tion of this section.’’. ternative to abortion, and that is why (b) CLERICAL AMENDMENT.—The table of truly sickened when they see a baby chapters for part I of title 18, United States being killed in this gruesome manner. I support voluntary family planning, Code, is amended by inserting after the item It is not done on a mass of tissue but to including improved access to contra- relating to chapter 73 the following new a living baby capable of feeling pain ception and research on improved con- item: and, at the time this procedure is typi- traceptive options for both men and ‘‘74. Partial-birth abortions ...... 1531’’. cally performed, capable of living out- women. That is why I supported Sen- SEC. 4. SENSE OF THE SENATE CONCERNING ROE side of the womb. ator MURRAY’s amendment. V. WADE. All this bill would do is ban this one Every abortion is a tragedy. But I (a) FINDINGS.—The Senate finds that— procedure. We are not talking about recognize that there are extraordinary (1) abortion has been a legal and constitu- the entire framework of abortion medical circumstances that make tionally protected medical procedure abortion necessary to save the moth- throughout the United States since the Su- rights here, but just one procedure. preme Court decision in Roe v. Wade (410 The fact is that there is no medical er’s life or prevent grave harm to her U.S. 113 (1973)); and need to allow this type of procedure. It health. (2) the 1973 Supreme Court decision in Roe is never medically necessary, it is I also recognize and respect the Su- v. Wade established constitutionally based never the safest procedure available, preme Court’s clear message on abor- limits on the power of States to restrict the and it is morally reprehensible and un- tion stated first in the landmark Roe v. right of a woman to choose to terminate a conscionable. Wade decision and later in Planned pregnancy. In recent years, we have heard about Parenthood v. Casey. (b) SENSE OF THE SENATE.—It is the sense teenaged girls giving birth and then The Court consistently upheld two of the Senate that— basic tenets. First, before the stage of (1) the decision of the Supreme Court in dumping their newborns into trash Roe v. Wade (410 U.S. 113 (1973)) was appro- cans. One young woman was criminally fetal viability—when the fetus is capa- priate and secures an important constitu- charged after giving birth to a child in ble of living outside the womb with or tional right; and a bathroom stall during her prom, and without life support—a woman has a (2) such decision should not be overturned. then strangling and suffocating her constitutional right to choose whether Mr. SANTORUM. I move to recon- child before leaving the body in the or not to terminate her pregnancy. sider the vote. trash. Tragically, there have been sev- Second, a woman’s health must be pro- Mr. ROBERTS. I move to lay that eral similar incidents around the coun- tected throughout her pregnancy. motion on the table. try in the past few years. The Court has not, as the junior Sen- The motion to lay on the table was This is what happens, when we con- ator from Pennsylvania has wrongly agreed to. tinue to devalue human life. suggested, endorsed ‘‘abortion any- Mr. HATCH. Madam President, I rise William Raspberry argued in a col- where at any time.’’ In Casey, the today to applaud this body for passing umn in the Washington Post several Court clearly drew a distinction be- S. 3, the Partial-Birth Abortion Ban years ago that ‘‘only a short distance tween abortions performed before fetal Act of 2003. I know the people of my [exists] between what [these teenagers] viability and those performed after via- home State of Utah share my senti- have been sentenced for doing and what bility, clearly allowing the Govern- ments because they recognize, as I do, doctors get paid to do.’’ How right he ment to restrict abortion after fetal vi- that the practice of partial-birth abor- is. ability. tion is immoral, offensive and impos- When you think about it, it’s incred- While I am deeply troubled by the sible to justify. This procedure is so ible that there is a mere 3 inches sepa- procedure described in S. 3, and voted heinous that even many that consider rating a partial-birth abortion from again to ban it, I have real concerns themselves pro-choice cannot defend it. murder. that S. 3 is not the most effective While we have passed a similar meas- Partial-birth abortion simply has no means of limiting the late-term abor- ure before, it was never certain to be place in our society and rightly should tions the bill’s sponsors claim to tar- signed into law. Today it is. It saddens be banned. President Bush has de- get. me that this legislation was even nec- scribed partial-birth abortion as ‘‘an Like many of my colleagues, I would essary, and even more that it took 7 abhorrent procedure that offends prefer to ban all post-viability abor- years to achieve. I thank the Senator human dignity.’’ I wholeheartedly tions, regardless of the procedure used. from Pennsylvania for his outstanding agree. In 1997, in an effort to find a constitu- leadership in bringing this about. I Mr. DASCHLE. Madam President, tional compromise that would actually hope he knows he has my admiration few issues divide our country more stop far more abortions than the bill and respect. markedly than the issue of abortion. we have been debating today, I offered

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3661 a broader ban much like the one of- If the sponsors of S. 3 are wrong, then So what should Congress do? Pass a fered by the Senator from Illinois yes- this week’s exercise will serve only to late term abortion ban that the Su- terday. delay meaningful progress toward re- preme Court will uphold; increase fund- The Durbin amendment, like the ear- strictions on not only this procedure, ing for family planning and abstinence- lier Daschle amendment, banned all but all post-viability abortions. It will only education and mandate insurance post-viability abortions, allowing an also fuel the unnecessary bitterness coverage for contraception. All of these exception only if an abortion is abso- surrounding this debate. fall within the rules under Roe v. lutely necessary to protect the mother. At this point, it is my hope that this Wade—that established a woman’s fun- An ironic fact that the sponsors of S. Senate bill will go quickly to the damental right to choose. 3 don’t readily acknowledge is that, if President so that the Supreme Court Mr. DODD. Mr. President, the Senate their statements are accurate, S. 3 will can rule on it. If the Court strikes it had an opportunity this week to find not stop a single abortion. In contrast, down, then I hope people on both sides common ground on an issue that has the Durbin amendment would stop all of this issue will be willing to work to- too often been an ideological battle- post-viability abortions except those gether to stop all post-viability abor- ground: abortion. that are absolutely medically nec- tions except those that are absolutely As the Senate debated the partial essary. This may seem counterintui- necessary to protect a woman’s life and Birth Abortion Ban Act of 2003, I co- tive, so let me explain why this is true. health. sponsored a bipartisan amendment au- The sponsors of S. 3 answer the Su- Finally, I want to say a few words thored by Senator Durbin that could preme Court’s concern that their legis- about the women whose lives are im- have actually reduced the number of lation is too vague to meet constitu- pacted by our actions this week. One of abortions in our country while at the tional muster by claiming that their the saddest aspects of this debate is the same time protecting a woman’s life, legislation bans only one procedure and suggestion that countless women, for health, and her constitutional right to that it is clearly defined. They also frivolous reasons, are choosing unnec- choose. While the amendment was de- claim that the ban does not restrict a essary abortions in the last few weeks feated, I remain hopeful that it will ul- woman’s Court-affirmed right to of their pregnancies. That just isn’t timately prevail someday as the most choose because all other abortion pro- true. sound and moderate approach to ad- Anyone willing to listen has heard cedures are allowed under S. 3. Finally, dressing the troubling issue of late- the tragic stories of women and fami- they claim their legislation avoids the term abortions. lies who have had to terminate their Court’s concerns about protecting the The Durbin amendment struck a rea- pregnancies either because their own life and health of the mother because sonable middle-ground approach on an health was threatened, or their child the procedure described in their legis- issue that has frequently been domi- was the victim of severe fetal anoma- lation is never necessary to protect the nated by the extremes. There are those lies often inconsistent with life outside mother; thus, other available proce- who would universally ban all abor- the womb. These are not unwanted dures could be employed interchange- tions. Others would universally allow pregnancies, and these are not abor- ably. all abortions. I respect the views of the If all those statements are true and I tions of convenience. people in each camp, but I disagree confess I am not confident that they Regardless of one’s ultimate decision with them both. are—then S. 3 will not stop a single on this legislation, I hope that in the Abortions ought to be legal, safe, and abortion; it will merely cause women future the Senate will show greater re- rare. That is my fundamental view, and and doctors to choose a different abor- spect for these women and the tragic it’s the view that the Supreme Court tion procedure. While I am deeply dis- circumstances they have faced. As they has affirmed and reaffirmed for the turbed by this procedure, I oppose any have so poignantly said, you or some- past three decades since its decision in unnecessary abortion once a fetus be- one you love could face similar cir- Roe vs. Wade. Abortions have never comes viable. cumstances, and you would deserve If our true desire is to protect viable better than these women and their been—and should not be— available at fetuses whenever possible, I think we families have gotten. any time for any reason. As Roe held, can do better than S. 3. Mr. HARKIN. Madam President, I once a fetus achieves the point of via- An across-the-board ban on all post- wanted to discuss my votes on S. 3 and bility, abortions may be regulated, but viability procedures with a constitu- its amendments. I have long supported States must allow abortions to pre- tional life and health exception is the a ban on late term abortions. However, serve a woman’s life or health. only way to achieve that broader goal, S. 3 would not do that because it would Forty-one States have already en- and I deeply regret that the Senate has be struck down by the U.S. Supreme shrined this standard, or one like it, yet again failed to do so. It is a prin- Court because it does not contain a into their State statutes. The Durbin ciple that would win the support of the health exception. Both in 1973 and in amendment would have written it into American people and the Supreme 2001, the Supreme Court ruled that a Federal law. It would have respected a Court, and it would actually reduce the government may regulate late term woman’s constitutional right to choose number of abortions in this country. abortions with an exception to both while appropriately curbing choice Yesterday’s outcome is one I will never life and health of the woman. The after the point of viability where abor- understand. Court specifically ruled in the 2001 de- tions are only necessary to preserve a There is yet another reason S. 3 may cision in Carhart—that Nebraska’s law woman’s life or health. fail to meet its objective. The Supreme was too vague and did not contain the This proposal was reasonable, it was Court has struck down what many ex- required health exception. Therefore, I constitutional and sensitive to the perts claim is a ‘‘legally identical’’ bill, supported the amendments offered by wrenching circumstances that families the Nebraska law banning this proce- Senator FEINSTEIN and Senator DURBIN typically face when they must con- dure. In previous Congresses, I have ex- to ban late term abortions because template a late-term abortion. Unfor- pressed my concern that this legisla- they both contained the requisite tunately, it was adamantly opposed by tion may not withstand an inevitable health exceptions, and which I believe those seeking a ban on so-called par- constitutional challenge. the Supreme Court would uphold. tial-birth abortions. Their proposal had Now that the Court has ruled in the I am also pleased the Senate passed two serious flaws that made it impos- Nebraska case, that concern is even my amendment, 52 to 46, affirming Roe sible for me to support. greater. But the sponsors of this bill v. Wade. A woman’s constitutional First, the ban on partial-birth abor- have chosen to take that gamble, right to make a private decision in tions bans just one medical procedure. claiming their ‘‘20 word changes’’ have these matters is no more negotiable It will not stop all late-term abortions resolved the constitutional concerns. than the freedom to speak or the free- from being performed, because an al- Those 20 words, by the way, are alleg- dom to worship. As a father, I have ternative procedure might be found. edly powerful enough to change the struggled with this issue. However, I do The Durbin amendment, on the other outcome in the Supreme Court, but not not believe that it is appropriate to in- hand, would have limited all constitu- significant enough to merit a hearing sist that my personal views be the law tionally-unprotected abortions without in the Judiciary Committee. of the land. regard to a specific procedure. Why?

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3662 CONGRESSIONAL RECORD — SENATE March 13, 2003 Because the wisdom of using a given an emergency, the two physicians—to The PRESIDING OFFICER. Is there a medical procedure is best left with include her attending physician and an sufficient second? medical professionals. We are legisla- independent non-treating physician— There appears to be a sufficient sec- tors, not doctors. would have been required to certify in ond. Second, the partial-birth ban con- writing that in their medical judgment The question is, Will the Senate ad- tained in this legislation will not pro- continuation of the pregnancy would vise and consent to the nomination of tect a woman’s health. The few women threaten the mother’s life or risk Thomas A. Varlan, of Tennessee, to be who might require this procedure to grievous injury to her physical health. United States District Judge for the protect their health from severe injury Grievous injury was carefully defined Eastern District of Tennessee? will be completely barred from receiv- as a severely debilitating disease or The clerk will call the roll. ing it. A pregnancy gone awry is a impairment specifically caused or ex- The assistant legislative clerk called tragedy. The partial-birth abortion ban acerbated by the pregnancy, or an in- the roll. will only compound that tragedy by ability to provide necessary treatment Mr. REID. I announce that the Sen- forcing a woman to forego a safer pro- for a life-threatening condition. ator from Delaware (Mr. BIDEN), the cedure. I want to emphasize that if we are se- Senator from North Carolina (Mr. The partial-birth abortion ban, as its rious about ending the practice of late- EDWARDS), and the Senator from Mas- supporters readily admit, is intended term abortions then we must pass a sachusetts (Mr. KERRY) are necessarily not to find common ground and reduce law that will be upheld by our courts. absent. unnecessary abortions, but to lead to a The U.S. Supreme Court has been quite I further announce that, if present ban of any and all abortions in Amer- clear that to be deemed constitutional, and voting, the Senator from North ica—regardless of whether they are any law banning late-term abortions Carolina (Mr. EDWARDS) and the Sen- needed to protect a woman’s life and must be narrowly focused and must in- ator from Massachusetts (Mr. KERRY) health. I find this argument simply un- clude an exception for the health of the would each vote ‘‘aye’’. acceptable and blatantly unconstitu- mother. Several previous bans ignored The PRESIDING OFFICER. Are there tional in light of Roe vs. Wade. There- these tests and were struck down, and any other Senators in the Chamber de- fore, it is for this reason and the rea- consequently there has been no end to siring to vote? sons stated above that I voted against this troubling practice. Senator The result was announced—yeas 97, final passage of the Partial Birth Abor- SANTORUM’s bill does not adequately nays 0, as follows: tion Ban Act of 2003. meet the Court’s requirements for con- [Rollcall Vote No. 52 Ex.] While the Durbin amendment would stitutionality and will almost surely YEAS—97 meet the same fate. not have ended the national debate Akaka Dole Lugar over abortion, it respected the deeply The Durbin amendment, on the other Alexander Domenici McCain held views of people on both sides of hand, was a clear and comprehensive Allard Dorgan McConnell this issue. It offered the Senate and our ban that does comply with the con- Allen Durbin Mikulski stitutionality tests set forth by the Baucus Ensign Miller country an opportunity—not to debate Bayh Enzi U.S. Supreme Court. It would have Murkowski our differences, but to affirm our simi- Bennett Feingold Murray larities. It would have allowed us to ended the practice of late-term abor- Bingaman Feinstein Nelson (FL) Bond Fitzgerald tions, with a narrow exception for pro- Nelson (NE) come together in a bipartisan fashion, Boxer Frist tecting a woman from grievous injury Nickles pro-life and pro-choice—and offer Breaux Graham (FL) to her life or health. In those rare and Brownback Graham (SC) Pryor something that would have reduced the Reed number of abortions while preserving a extraordinarily difficult situations, the Bunning Grassley Durbin amendment would have ensured Burns Gregg Reid woman’s life, health and constitutional Byrd Hagel Roberts freedom. that a woman—not by the dictates of Campbell Harkin Rockefeller Mr. ROCKEFELLER. Mr. President, I the Congress, but with the private Cantwell Hatch Santorum counsel of her family, her doctors, and Carper Hollings Sarbanes want to talk about the debate in the Chafee Hutchison Schumer Senate this week regarding late-term her clergy—makes the final decision. I deeply regret that a majority of my Chambliss Inhofe Sessions abortion. I am a strong opponent of Clinton Inouye Shelby late-term abortions, and I know many Senate colleagues did not recognize the Cochran Jeffords Smith Durbin amendment was a more effec- Coleman Johnson Snowe Americans find them as deeply trou- Collins Kennedy tive ban than Senator SANTORUM’s pro- Specter bling as I do. Conrad Kohl posal. I continue to hope that in the Stabenow As I have done in the past, I voted Cornyn Kyl Stevens Corzine this week to support a comprehensive end we will find a way to enact a com- Landrieu Sununu Craig Lautenberg prehensive ban on late-term abortions Talent ban on late-term abortions. The com- Crapo Leahy Thomas prehensive ban I supported—offered as that meets the demands of the U.S. Su- Daschle Levin Voinovich an amendment by Senator DURBIN preme Court and Constitution by pro- Dayton Lieberman tecting the life and physical health of DeWine Lincoln Warner would have put an end to all late-term Dodd Lott Wyden post-viability abortions, unlike Sen- the mother in extreme situations. NOT VOTING—3 ator SANTORUM’s proposal, including f Biden Edwards Kerry but not limited to those performed EXECUTIVE SESSION using the procedure known as ‘‘partial The nomination was confirmed. birth.’’ The Durbin ban also would have Mr. HATCH. Madam President, I am included a very narrow exception for NOMINATION OF THOMAS A. pleased the Senate has confirmed the rare case when a woman’s life or VARLAN, OF TENNESSEE, TO BE Thomas Varlan for the United States health is threatened by a troubled UNITED STATES DISTRICT District Court for the Eastern District pregnancy, as required by the United JUDGE FOR THE EASTERN DIS- of Tennessee. Mr. Varlan’s distin- States Supreme Court and the Con- TRICT OF TENNESSEE guished record of service in both the stitution. The PRESIDING OFFICER. Under private and public sectors makes him a I want to end unnecessary late-term the previous order, the Senate will now great addition to the Federal bench. abortions, and I also agree with the Su- go into executive session and proceed Mr. Varlan graduated Order of the preme Court that it is not right for a to vote on Executive Calendar No. 53, Coif from Vanderbilt University School woman who faces grievous injury, or which the clerk will report. of Law, where he served as managing even death, to have no protection The legislative clerk read the nomi- editor for the Vanderbilt Law Review. under the law. In those rare cases of a nation of Thomas A. Varlan, of Ten- In his 11 years in private practice, Mr. serious threat to a woman’s life or nessee, to be United States District Varlan has focused on governmental health, the Durbin amendment would Judge for the Eastern District of Ten- relations, civil litigation, labor and have allowed the woman, her family nessee. employment law, and representation of and no less than two physicians to pur- Mr. HATCH. Madam President, I ask quasi-governmental corporations and sue the best medical options. Except in for the yeas and nays. schools.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3663 Mr. Varlan’s impressive accomplish- CASTING OF 10,000TH VOTE I will take a moment, if I may, to ments include serving as law director Mr. FRIST. Madam President, I wish thank some other people, people of In- for the city of Knoxville for a decade. to announce to my colleagues that a diana, who made it possible for me to In that capacity, he headed a depart- truly impressive milestone was just be in the Senate to cast the 10,000 ment of 25 employees who represented reached with this last vote. Senator votes, those who gave me their con- the city in a variety of cases and pro- LUGAR, on this vote just announced a fidence, their support, and their pray- vided legal advice to city officials. few moments ago, cast his 10,000th vote ers throughout the years. Mr. Varlan’s wealth of experience has as a U.S. Senator. That is a feat ac- I especially thank the Lord above for made him an excellent nominee who is complished by just 21 other Senators in giving me good health throughout that well prepared to handle the rigors of the history of this institution, the Sen- period of time and who made it possible the Federal bench. Clearly, Mr. Varlan ate. to do this. is the right choice to be a judge in the Senator LUGAR’s vote places him in I must pay tribute, as we all are Eastern District of Tennessee. I am the company of a distinguished list of doing today, to Lloyd Ogilvie whose pleased my colleagues joined me in Members which includes eight current personal counsel and support to me and voting to confirm him. Senators: Senators BIDEN, BYRD, my family during the past 8 years has Mr. FRIST. Mr. President, I am in DOMENICI, HOLLINGS, INOUYE, KENNEDY, meant so much. strong support for the confirmation of LEAHY, and STEVENS. Of course, behind all of this is the Thomas Varlan to be a United States Most importantly, Senator LUGAR’s confidence and love of my wife District Judge for the Eastern District achievement is a testament of his tre- Charlene, our boys, and their wives, of Tennessee. mendous service, not only to his home who have really sustained me, who said Tom grew up in Knoxville, TN as a State of Indiana but to the United this is something we ought to be doing, second-generation Greek-American. States of America. a commitment of our time and our His parents, Alexander and Constance I ask all of my colleagues to join me lives in a way that has been exciting Varlan, instilled in their son the time- in congratulating Senator LUGAR for for me and I hope for them. honored ideals of commitment to hard his important milestone. My staff has made it possible for me work, involvement in the community, (Applause.) to get to the Chamber for all of these and love for country. The PRESIDING OFFICER. The votes. Wherever we are in the country, He put those ideals to work in his Democratic leader. in Washington or at the airport, each Mr. DASCHLE. Madam President, I studies of Political Science and Eco- one of us is indebted to staff who tell join the distinguished Republican lead- nomics at the University of Tennessee us when the votes are going to occur er in expressing my heartfelt congratu- and give us some reasonable idea about in Knoxville, and at Vanderbilt Univer- lations to the senior Senator from Indi- sity’s School of Law, where he was the what is being voted on. I pay tribute to ana, our colleague, DICK LUGAR. each one of those persons. managing editor of the Vanderbilt Law He was sworn in on January 3, 1977. Review. From there, Tom practiced law I pay tribute to colleagues who have Over the course of these 10,000 votes sustained me each day with their loyal in Atlanta from 1981 to 1987. In 1988, cast, he has served as the chairman of friendship, likewise the sheer vigor of Tom began ten years of service as Law the Senate Agriculture Committee and the experience. I feel each day it is an Director for the City of Knoxville now serves as the chairman, as we all adventure, and I am sure that is shared where he was responsible for a wide know, of the Foreign Relations Com- by each of the colleagues who are range of legal issues. In this role, Tom mittee. demonstrated his keen legal mind and With those 10,000 votes, he has made present today. I want to mention specifically Sen- temperament suited to judicial office. a major impact on American history. I Tom’s current position as a partner would be willing to bet that for every ator ROBERT BYRD, who was the major- at Bass, Berry and Sims has enhanced vote he has cast, he has made at least ity leader when I first came. One of the his solid background in the law. Tom one more friend over all of these years. reasons my vote total escalated so rap- Varlan is a skilled attorney who is He may be a Republican and I may be idly was that in 1977 I think Senator known for his fairness, integrity and a Democrat, but I have never been so BYRD created an all-time record of roll- dedication to the law. appreciative of a relationship as a Sen- call votes. I am certain he will remem- Tom has worn many hats in his pro- ator as I have with Senator LUGAR. He ber exactly how many, but I recall fessional life, but he has never wavered has many more than 10,000 friends there were at least 650, which was a from the ideals that he grew up with. since he came to the Senate in 1977. So substantial amount for a freshman In fact, his nomination fulfills not only we congratulate him. We tell him of his Senator to start out with. So we have the dreams of his first-generation great service to this country and our had some money in the bank ever American parents, I believe it epito- appreciation for that service. We hope since, thanks to Senator BYRD. mizes the American dream as well. that there will be many thousands Finally, I want to thank the pages. I am convinced that Mr. Varlan will more. They have played a very special role in make an ideal judge, and he has my I yield the floor. these votes because, as some of my col- highest recommendation and unquali- The PRESIDING OFFICER. The Sen- leagues know, occasionally I go run- fied support. I urge my colleagues to ator from Nebraska. ning out on The Mall. On several occa- vote for his confirmation. Mr. HAGEL. Madam President, I con- sions I have been caught as far away as The PRESIDING OFFICER. Under gratulate our dear colleague, Senator 14th Street or the Washington Monu- the previous order, the President will DICK LUGAR from Indiana, for his re- ment when the beeper went off. I had be notified of the Senate’s action. markable service to our country in to run swiftly. Fortunately, my pace is many ways, not just through his lead- sufficient to get the mile and a half f ership and years and votes in the Sen- back to the Capitol during the time of ate; prior to his time in the Senate, his the vote to scramble up the back LEGISLATIVE SESSION service to our country in the U.S. Navy stairs, but in a disheveled condition I The PRESIDING OFFICER. Under and all the other contributions he has have prevailed upon the pages to crack the previous order, the Senate will now made. It is a remarkable morning for open the door, and the reading clerk return to legislative session. our country to recognize this remark- has been kind enough to read my name able individual. so that I can peak through and keep f The PRESIDING OFFICER. The Sen- this voting record alive. ator from Indiana. So I thank all of you. I appreciate MORNING BUSINESS Mr. LUGAR. Madam President, I am very much this moment today. The PRESIDING OFFICER. Under overwhelmed by the thoughtfulness The PRESIDING OFFICER. The as- the previous order, the Senate will now and graciousness of both leaders, my sistant minority leader. proceed to a period for the transaction friends BILL FRIST and TOM DASCHLE. I Mr. REID. Madam President, while of morning business. thank both of them for those very won- the two leaders are in the Chamber, it The Senator from Illinois. derful comments. is my understanding that the leaders

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3664 CONGRESSIONAL RECORD — SENATE March 13, 2003 are going to provide an opportunity for I will describe what is happening in out-migration areas. Investment tax people who wish to give statements re- the heartland of America with this credits. Micro-enterprise tax credits. garding Pastor Ogilvie—that the chair- chart. The red on this chart shows the Accelerated depreciation. man of the Appropriations Committee rural counties across America that Finally, a new homestead venture is going to put that in booklet form. So have experienced greater than 10-per- capital fund will help ensure that en- is it fair to announce to everyone that cent net out-migration over the last 20 trepreneurs and companies in these they need not come now to give speech- years. There is a relentless engine of areas get the capital they need to start es regarding Pastor Ogilvie, that they depopulation in the heartland of our and grow their businesses. will have an opportunity to give a country. It is from North Dakota to We can do one of two things with re- speech later or insert something in the Texas in an eggshell shaped form. spect to this problem in the heartland RECORD so Dr. Ogilvie will have all of My home county is right in the of America. We can sit here and gnash these in one book? southwestern corner of North Dakota. our teeth and wring our hands and say, Mr. FRIST. Madam President, that is It is slightly larger than the State of this is awful. We can watch this de- correct. There has been an outpouring Rhode Island. When I left it, there were population continue for the next 20 or of feeling for our Chaplain on this very 5,000 citizens living in that wonderful 50 years, and lose a significant and im- special day, 8 years after he first gave county. Now there are 2,700 citizens, portant part of our country’s economy, a prayer in this Chamber. With that and the demographers say by the year or we can decide we are not going to let outpouring of respect, people will be 2020 it will have 1,800 citizens. Trying this happen, we are not going to be the given the opportunity to provide their to do business in that county and so frog in the pan of water on the stove written statements. Of course, they are many others in the heartland is like only to find at this time it is too late welcome to come and make state- doing business in a deep recession. to get out. ments, but we are encouraging people Nearly a century and a half after we That is what this is all about. I am to make their written statements part populated the heartland of America by proud to work with my colleagues, Re- of a permanent book that we will be something called the Homestead Act, publicans and Democrats alike, to offer giving him. We will have morning busi- which said, move here, become a part this legislation. Mr. HAGEL. Madam President, I rise ness and people can come to the Cham- of this land, and we will give you the this morning to join my friend and col- ber. There will be other morning busi- land, we are seeing this relentless de- league from North Dakota, Senator ness conducted as well, but most of the population. In these areas, we have DORGAN, in introducing the new Home- tributes will be going into written communities that are wonderful places stead Act. We have heard from Senator form, and we encourage people to do in which to live. In fact, people aspire DORGAN as to why many believe this just that. to recreate what we have in other parts issue, this challenge, needs attention. The PRESIDING OFFICER. Under of the country—strong schools, a great the previous order, the first 20 minutes He laid some of those reasons out rath- place to raise kids, safe streets, and er clearly. shall be equally divided between the wonderful communities. Yet, these Senator from Nebraska and the Sen- Senator DORGAN and I and others in- rural areas are being ravaged by the troduced this legislation last year. The ator from North Dakota, with the rest out-migration of people. It is ruining of the time until 11:30 a.m. to be equal- intent of this legislation is simple. It their economy. ly divided between the two leaders or aims to help reverse the trend of popu- The question is: Should we care? Do lation decline in rural areas and pro- their designees. we care? Well, when our cities were de- The Senator from North Dakota. vide growth and opportunities in rural Mr. DORGAN. Madam President, I caying and America’s cities were in America. Many communities in rural ask unanimous consent that during the trouble, as a national policy we rushed America have not shared in the boom 20 minutes I be notified when I have to say, let’s save America’s cities with that has brought great prosperity to consumed 5, after which the Senator the Model Cities Program, an urban re- urban America. Instead, this out-mi- from Nebraska will be recognized for 5 newal program. We pumped significant gration of individuals and resources is minutes, following which the Senator resources into those cities to save taking a high toll on rural America. from South Dakota, Mr. JOHNSON, for 5 them. Over the last 50 years, nonmetropolitan minutes, following that Senator The question now is: Will we save the counties in the Nation lost more than heartland in our country? Does it mat- BROWNBACK from Kansas for 5 minutes. a third of their population, about 34 The PRESIDING OFFICER. Without ter? S. 602, bipartisan legislation called percent. Contrast this with the fact objection, it is so ordered. the New Homestead Act, says it mat- that during the same period the num- ters. f ber of people living in metropolitan What the heartland contributes to areas grew by over 150 percent. THE NEW HOMESTEAD ACT America is very important. We need to Today, Nebraska is one of the States Mr. DORGAN. Madam President, at a give people the tools to help rebuild hardest hit by out-migration. Of 93 time when there is so much discussion their economies in the heartland. That counties in Nebraska, 56 have lost at about partisanship, let me describe leg- is what our legislation does. least 10 percent of residents due to out- islation introduced in the Senate yes- We do not have land to give away migration over the past 2 years. Ac- terday now called S. 602, which is truly anymore. But we say to individuals and cording to the University of Nebraska bipartisan. We call it the New Home- businesses, if you stay there, if you report, most of these counties will see stead Act. Senator HAGEL, Senator come there, if you build there, if you similar population losses over the next JOHNSON, Senator BROWNBACK, I, and invest there, here are financial incen- 2 decades without an expansion of non- many others, Republicans and Demo- tives for you. We can turn this around. agriculture industry. crats, have introduced legislation to That is what S. 602 is about. S. 602 says Why are people leaving rural Amer- address a very serious problem in the to people, it is in your interest to help ica? It is rather simple: For jobs and heartland of our country. us rebuild the economies of the States opportunities. One of the main provi- I will describe this problem by some- in the heartland. sions of our legislation addresses this thing a Lutheran minister from New The New Homestead Act offers tax issue by providing incentives to small England, ND, told me. She said: In this and other financial rewards for individ- businesses and other enterprises to lo- small town in southwestern North Da- uals who commit to live and work in cate and expand in rural areas. Small kota, in my church I officiate at four high out-migration rural areas. It pro- businesses are a critical element of the funerals for every wedding. vides help paying college loans, offers rural economy, as they are to all of What does that describe? It describes tax credits for home purchases, pro- America, accounting for nearly two- a small town in a rural State where the tects home values, and establishes In- thirds of all rural jobs. population is getting older, where they dividual Homestead Accounts, the eco- Our legislation builds upon the same have few young people, few marriages nomic equivalent of giving them free spirit of the Homestead Act of 1862 and few births, and where they are suf- land as we did a century ago. which gave land to individuals who fering from the out-migration of peo- S. 602 provides tax incentives for were willing to live and work in unset- ple. businesses to expand or locate in high tled areas of the country. In fact, the

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3665 first claim made under this act was ment to live and work in rural areas to lion in direct losses for livestock and just outside Beatrice, NE. get a college degree, buy a home, start crops, which is about one-sixth, or 17 Our bill targets three different cat- a business and build a nest egg for the percent of the average annual cash in- egories: Individuals, businesses, and future. This legislation will also pro- take for agriculture. capital formation. For individuals who vide incentives for businesses to relo- I believe the New Homestead Act pro- live in or move to high out-migration cate or develop in high out-migration vides the kind of commitment and op- counties, the legislation provides, as areas. This comprehensive, approach is portunity that our nation must be will- Senator DORGAN mentioned, three needed to address this huge problem. ing to once again make in order to sus- basic things: The college loan repay- While the bill will not save every com- tain and grow prosperity for farmers, ments and home tax credits, individual munity, it will provide communities ranchers, and rural America. homestead accounts, rural investment with the tools they need to survive. Our entire Nation suffers when rural tax credits, and a venture capital fund. Rural communities provide businesses America suffers. Some of our country’s Last year, in the Senate Finance and families many benefits. Good most prized virtues, like good school Committee, Senators GRASSLEY and schools, low crime rates, a high level of systems, low crime rates, and high lev- BAUCUS called the bill a big idea. In- civic involvement and a talented and els of civic participation, are alive and deed, it is a big idea. But it is the kind committed workforce are just some of well in these areas, yet many are fight- of big idea we need to help reverse the the benefits (specifics) that rural ing for their survival. There is no decline of rural America—not just the America provides this country. It is a doubt in my mind that these areas are Midwest—but all of rural America. way of life worth fighting for, and our worth saving. I urge my colleagues to I am proud of the fact our bill has the Nation’s commitment to this lifestyle support this important legislation. bipartisan support of 10 cosponsors and is long-standing. The PRESIDING OFFICER. The Sen- it has the endorsement of a diverse co- In fact, in 1862 our government made ator from Kansas. alition of organizations across this a commitment to populate rural Amer- Mr. BROWNBACK. Mr. President, I country, all kinds of organizations. I ica. The original Homestead Act made am pleased to join colleagues in the in- am pleased again to be working with a deal with settler’s willing to travel to troduction of the New Homestead Act. my friend, Senator DORGAN, in reintro- the midwest; if you stay and work the I am very pleased to be a supporter ducing this legislation. I ask my col- land for 5 years we will offer you a along with my colleagues from North leagues in this body to learn more quarter-section of land. This was a Dakota, Nebraska, and South Dakota. about the aim, the specifics of this leg- hugely popular and successful program. Alexander Hamilton once made a islation, and that they would help and I know this first hand because my statement I think is particularly appli- join us in addressing the challenges great-grandfather used this legislation cable to the current situation we are facing rural areas across our country. to homestead near Centerville, SD. discussing—what is happening in rural I yield the floor. Today we can offer tax incentives America, particularly in a swath of The PRESIDING OFFICER (Mr. and financial rewards to individuals to rural America from Texas north to the COLEMAN). The Senator from South Da- move into out-migration counties. A Canadian border that includes the kota. generation ago the United States used State of the Presiding Officer and a Mr. JOHNSON. Mr. President, I rise a similar approach addressing the number of States throughout the Mid- today to express my support for the needs of our metropolitan areas. At west. He said: New Homestead Act and I want to that time, our country’s cities were To cherish and stimulate the activity of thank Senator DORGAN and Senator facing population and job losses, crum- the human mind, by multiplying the objects HAGEL for their leadership on the criti- bling infrastructure—many of the same of enterprise, is not among the least consid- cally important issue. I am pleased to problems our rural areas face today. erable of the expedients by which the wealth cosponsor this bipartism legislation. Billions of dollars were committed to of a nation may be promoted. America was originally a rural place. housing, transportation, and job cre- We listen to that and say: What does Many of our citizens lived and worked ation in urban areas. he mean? In other words, we must en- on farms or in rural towns throughout As a Senator from a rural area, I was courage and support intellectual activ- our country. During the turn of the proud to participate and join in that ef- ity and enterprise, and the area in century, towns and communities fort. But now many of our metropoli- which this has been most neglected has sprang up on railroad lines and river tan areas that were struggling thrive. been in our rural communities. We crossings. They served as regional We need this kind of commitment for must change this before some of these trade centers and seats of local govern- our rural communities at this point in precious entities wither away. ment. Opportunity was available for our history. Every year, rural communities be- the children of these communities. Too While this comprehensive legislation come emptier and more desolate as often that is no longer the case. A takes aim to remedy many of the prob- fewer and fewer people remain. This changing economy from agriculture to lems facing small towns, I believe this out-migration of youth to more urban technology has reduced opportunity in forward-thinking bill is also important areas is due to the simple fact of a lack rural America and certainly rural for farmers and ranchers who make a of economic opportunity within these South Dakota. Out-migration is deci- living from the land. It is critical to beautiful settings. mating many communities in my home understand that prosperity in produc- Although America was originally State of South Dakota. Currently, 63 tion agriculture can lead to robust con- rural, with most of its people living in percent of South Dakota counties are ditions in Main Street rural America. rural areas and working on farms, that considered high out-migration coun- As such, a decline in the farm economy has changed dramatically over the ties—averaging a 10 percent population causes economic hurt for rural busi- course of the past century. Today, loss over the past 20 years. In these nesses as well. This downturn in the after decades of decline, less than 2 per- counties there is also a 16 percent re- rural economy is one we know all too cent of the Nation’s population live on duction in youth population, 6 percent well in South Dakota. Volatile market farms in rural areas. In my State increase in the elderly population, and conditions for crops and livestock, un- alone, over half of the counties are suf- 25 percent of these counties had more fair foreign trade, and the disastrous fering from this youth drain and out- deaths than births. Once proud commu- forces of Mother Nature, have all taken migration. nities that were self sufficient are a toll on our farmers and ranchers in I have a map I want to show to my slowly withering away. recent years. colleagues. These are counties in Kan- I believe that in order to forestall Consider the sobering economic dam- sas. We have 105 counties. These are these trends Congress must now age to South Dakota resulting from the counties that would qualify for the prioritize rural America. That is one the ongoing drought: South Dakota New Homestead Act; that is 10-percent reason why I am so supportive of this State University, SDSU, economists population decline or more over the legislation. The New Homestead Act estimate $1.4 billion has been eroded last 20 years. You can see a huge swath hopes to address out-migration by of- from the State’s economy due to the of our State that has extensive out-mi- fering individuals who make a commit- drought. The impact includes $642 mil- gration.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3666 CONGRESSIONAL RECORD — SENATE March 13, 2003 You can say a lot of different factors proven tests, to another area that has While we aren’t offering 160 acres, we caused this. One has been the con- been hollowed out in the United States. are rewarding those individuals willing centration and growth in agriculture, That is why I am excited about this to take a risk and locate in a high out- where there are fewer farmers farming bill. I am hopeful it is something we migration county with the opportunity larger tracts of land. That is certainly can move in total, or in part, quickly. to get a college degree, buy a home, accurate. We need to do so. We need to move this and build a nest egg for the future. It is also the fact that a number of forward aggressively. Through loan repayment, small entre- people in agriculture have, because of a It is providing new hope and new vi- preneurship credits, home tax credits, lack of income, had to get off-farm sion in areas where a lot of people were protecting home values, and individual jobs. There are not major urban areas of a mind that: I guess nobody is listen- homestead accounts, this bill reaches in a lot of these places, so they have ing or paying attention, and we are out to a new generation of Americans. not been able to find that and they going to have difficulty making it. Our And it is this new generation of have had to move to major urban community is not going to make it. Americans that will help rejuvenate areas. So you have had this combina- Here we are saying, no, we want to rural America. Since our founding, a tion of difficulty in agriculture, dif- provide this new hope and opportunity strong and vibrant rural America has ficulty of a lack of jobs on an off-farm with the New Homestead Act. I hope been essential to a strong nation—and basis. It has led to this huge out-migra- our colleagues, if they have other ideas this principle remains only more true tion. that could strengthen this bill, will today. Our continued national well- If this were just Kansas, it would be bring those forward as well. being depends as much, if not more, on problematic enough, but instead of a It is a very difficult issue for our the condition of our less populated whole swath, particularly in the Middle State. I am delighted to be supportive areas as on our urban areas. West, from Texas sweeping up north all of this effort. My colleagues and I are It is my hope that the Senate will the way to Montana and Minnesota, going to push aggressively here and in take a serious look at this bill and you have a number of counties like the House to make it happen. move quickly to implement the provi- this. It is simple: rural America—our his- sions we have set forth. I appreciate I believe nearly 90 percent of counties tory, our founding lifestyle—is suf- the work that my colleagues Senators in North Dakota qualify because of the fering and the Congress must not turn HAGEL and DORGAN have done on this same feature: Concentration in agri- our backs. Take, for example, the town bill. Their vision and drive have culture, fewer off-farm job opportuni- of Nicodemus, KS, in Graham County. brought this bill to where it is today, ties, and people saying: We simply This town was started more than a cen- and I hope that the same spirit will don’t have anyplace to work. We would tury ago when some 350 freed slaves help propel this bill through the Senate love to live here. We would love to be left Kentucky and made a new begin- so that we can start helping our rural able to stay here. We have to have a ning for themselves on the plains of communities as quickly as possible. job. We have to be able to make a rea- Kansas. For a while, the town pros- sonable income. pered, showing a new life to these For, as we struggle through economic This is the total population. If you newly-freed slaves. Unfortunately hard times nationwide, it would be look at the school-age population, it is though, the railroad never moved in—a wise to remember a comment George even worse. It is even a more steep de- devastating lost opportunity that was Washington made: cline. I have been in cities in Rawlins followed by drought, depression, and, A people . . . who are possessed of the spir- County and far Northwest Kansas finally, a post-war exodus. Suddenly, it of commerce, who see and who will pursue where the school-age population has the town itself and its population their advantages may achieve almost any- declined nearly a fourth over the last 5 seemed almost ghost-like. Today, thing. years. So while the overall population Nicodemus is without a school, and I know our rural communities are is going down like this, the school-age there is only one full-time farmer left not only our history, but still have population is plummeting. As young in the area. much to offer our nation today. There- people don’t move back in the area, Unfortunately, this story is not an fore, let us enable that spirit of com- there are not the jobs and opportuni- isolated one, as hard times have hit merce, and put these communities on ties. They are saying: I would love to throughout America. In fact, this kind the path to recovery. live here, but I can’t. of situation is happening across our I have been around a lot of rural de- heartland, and we are here today to f velopment efforts that tried to push provide the much needed incentives to people back to rural areas. To me, this preserve rural America and the values UNANIMOUS CONSENT AGREE- is a way to pull people back to rural instilled there. MENT—EXECUTIVE CALENDAR areas, by providing economic incen- We must revitalize within our heart- tives, the likes of which we did to pop- land that spirit of creativity and enter- Mr. BROWNBACK. Mr. President, as ulate the region in the first place. This prise that has always allowed our na- in executive session, I ask unanimous is a region that was populated by the tion to grow and adapt. It has long consent that the cloture vote on the Homestead Act in the first place, tell- been the key to our success both philo- Estrada nomination occur at 2:15 ing people, if they will stay there and sophically and in the wealth of our na- today; provided further the order for work 160 acres for 5 years, it is theirs. tion. For example, Americans who once debate remain from 11:30 to 12:30; I fur- We had people self-selected. It wasn’t held jobs that relied on the production ther ask unanimous consent at 12:30 people saying: You are going to go, and of natural resources, such as farming, the Senate begin consideration of Cal- we will select you, we won’t pick you— now work in service or technology in- endar No. 36, the Bybee nomination as it was the great American way. This is dustries. As a result of new tech- under the previous order. the opportunity. If you want to do it, it nologies, American industries, includ- The PRESIDING OFFICER. Without is your choice. You don’t have to do it. ing agriculture, have become more objection, it is so ordered. People took it and moved out. profitable with fewer employees. We in Mr. MCCONNELL. Mr. President, I The New Homestead Act is recog- the Congress have an obligation to en- suggest the absence of a quorum. nizing the new economic realities and sure the economic viability of these The PRESIDING OFFICER. The saying what can we do to pull people rural communities, even in light of the clerk will call the roll. into these areas. These are ideas we major problems and out-migration tried in major urban areas, we tried these areas are suffering. The senior assistant bill clerk pro- them in Washington, DC, and a number In 1862, the Homestead Act inspired ceeded to call the roll. of other places where we were having many to move to places like Kansas Mr. MCCONNELL. Mr. President, I the hollowing out of urban areas, and with promises of 160 acres of free land ask unanimous consent that the order they have attracted people back to the to those settlers who would farm and for the quorum call be rescinded. core in these urban areas. We are try- live there for five years. Today, we are The PRESIDING OFFICER. Without ing to take those same proven models, introducing the New Homestead Act. objection, it is so ordered.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3667 MEASURE PLACED ON And they have very few choices. They tion would sponsor national health in- CALENDAR—S. 607 consistently pay higher costs for surance plans. They would start an em- Mr. MCCONNELL. Mr. President, I health insurance premiums, and they ployee benefit side, just like the big understand that S. 607 is at the desk get lower quality insurance than peo- companies do. They would contract and due for a second reading. ple who work for big businesses or peo- with national insurance companies. The PRESIDING OFFICER. The Sen- ple who work for the Federal Govern- They would have a self-insured side. ator is correct. ment, as we do. And then, if you are a restaurant em- The clerk will read the bill for the I have seen this all over the State of ployee, by joining the restaurant asso- second time by title. Missouri and, indeed, all over the coun- ciation, you would automatically be The senior assistant bill clerk read as try. I chaired the Small Business Com- entitled to get this insurance. They follows: mittee for two terms in the House. In would have to offer it to you. They that capacity and since then, I have A bill (S. 607) to improve patient access to could not tell you you could not have health care services and provide improved visited personally with hundreds and it. And you would be part of a pool of medical care by reducing the excessive bur- hundreds of small businesspeople and 20,000 or 30,000 people instead of in a den the liability system places on the health with thousands of their employees. unit by yourself with two or three or care delivery system. This is their No. 1 issue. It is not fair five or ten people, like my brother’s Mr. MCCONNELL. Mr. President, I for them to be laboring under impedi- situation. He has a little tavern kind of object to further proceedings. ments that the rest of us do not have. restaurant in St. Louis. Actually, it The PRESIDING OFFICER. The bill I was in Farmington, MO, over the may be more of a saloon. But, in any will be placed on the calendar. weekend. I stopped by an optometrist’s event, he could join the National Res- Mr. MCCONNELL. Mr. President, I office run by a couple of optometrists, taurant Association to get coverage. It suggest the absence of a quorum. and a couple of their employees were is just him and my sister-in-law who The PRESIDING OFFICER. The there. They gathered around and told run this place. Apart from the money, clerk will call the roll. me a very familiar story. In 1999—I which is impossible for him, he does The senior assistant bill clerk pro- think it was—they said, we just felt we not have the time and does not want to ceeded to call the roll. had to start providing health insurance incur the risk of going out two or three to our people, as expensive as it was Mr. TALENT. Mr. President, I ask times a year and soliciting bids. unanimous consent that the order for and as difficult as it was. And then, all of a sudden, what often They had to spend hours and hours the quorum call be rescinded. happens to small businesspeople is they soliciting bids, maneuvering, and try- The PRESIDING OFFICER. Without get called up because somebody actu- ing to get insurance for their people. objection, it is so ordered. ally filed a claim. The big insurance Mr. TALENT. Mr. President, I ask So they started it. They said: When we started, it was a company tells them their rates went up unanimous consent that I be recog- little over $200 a month per employee. astronomically. They have no power in nized in morning business for a period Now, 4 years later, it is over $500 a this market. They are caught with few of up to 15 minutes. month per employee. choices, with small groups, with high The PRESIDING OFFICER. Without They are not able to give wage in- administrative costs. It is not nec- objection, it is so ordered. creases to their people because health essary, and it does not even cost any- f insurance costs are increasing so fast. thing for us to fix it. I was talking about this at a dinner COVER THE UNINSURED WEEK Everywhere I go, small business health insurance costs are going up 20 the other day with six or seven people Mr. TALENT. Mr. President, this is or 25 percent a year. who were there to talk about how we ‘‘Cover the Uninsured Week’’ and there There is a further human side to this could serve the underserved better with have been press events—and I guess story. One of their employees—a really health care. This is part of the answer you can call them rallies—around the neat lady—I talked with for a while. to it. We had a real good dialog with country designed to inform America She is a single mom and a cancer sur- these folks. Many of them are oper- about the problem of the uninsured. I vivor. She is trapped, and the small ating a charitable enterprise where guess I am glad that is happening. It business is trapped with her, because if they are helping people get health care. seems as though it happens a lot. We they drop the insurance, she will never I laid this out for them, and one of have been talking about the uninsured get reinsured anyplace else. They feel a the men said to me: Well, who wouldn’t for a long time. moral obligation to continue that in- support that? Indeed, who wouldn’t I think it is time we do something surance for her. The other employees support it? I will tell you who doesn’t about the uninsured instead of just are doing without wage increases and support it: the big insurance compa- telling everybody that we have. And we dealing with substandard insurance in nies, who control this small group mar- can do that. I would suggest we are on order to help their fellow employee. ket now. They are operating like mo- the brink of doing it. We in the Senate I have seen this story over and over nopolists. Monopolists ratchet down just have to choose between the em- again. And it is not necessary. We can their output and raise their prices. ployees of the small businesses around do something about it, and we need to. That is what is happening. Fewer and the country, who are most of the unin- Here is what we can do. fewer people are covered, and prices are sured, and the big insurance companies The House passed several times in going higher and higher. They are that have them under their thumb cur- the 1990s—and the President now sup- making money, and people around this rently. ports the plan—a plan that would sim- country do not have health insurance. There are about 41 million uninsured ply allow small businesses to pool It is wrong, and it ought to stop. people in the country at any given through their national trade associa- One argument I hear about this is: time. About 60 percent of those unin- tions or their professional associations Look, if we do this, the association sured people are either owners of small and get health insurance on the same health plans will engage in cherry- businesses or employees of small busi- terms and under the same regulatory picking. What that means is, the nesses, or dependents of somebody who apparatus as the big businesses, the healthy small business groups will go owns or works for a small business. unions, and the Government currently into the big plans, the sicker small Most of the people who are uninsured do. business groups will prefer to stay out are working people. The reason they That is all we need to do, just em- there in the small business market. are uninsured and the reason they are power the small businesspeople. It will This is actually an argument that the not getting health insurance through not cost the taxpayers a dime because big insurance companies are raising. It their small business is that the small it is not a Government program. It is is the exact opposite of the truth. businesspeople are caught. They are just allowing people to do what is al- Common sense tells you if you have a stuck on a dysfunctional market. They ready happening all over the United history of illness, if you have cancer or are caught because all they bring to States. had cancer or diabetes or kidney prob- that market is a unit of 4 or 5 people, So here is how it would work: Let’s lems, or something similar to that, and or maybe 20 or 30, or maybe 60 or 70. say the National Restaurant Associa- somebody says to you, look, you can be

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3668 CONGRESSIONAL RECORD — SENATE March 13, 2003 in a small group market, you can work EXECUTIVE SESSION ergetic, sufficiently so that I feel this for a small business and be part of a is the time to come to the Senate floor group of 4 or 5 people or 40 or 50 people, and talk about the issue before us. or you can work for a big business and NOMINATION OF MIGUEL A. Before I do that, I especially extend be part of a group of 10,000 people, ESTRADA, OF VIRGINIA, TO BE my appreciation to the Republican UNITED STATES CIRCUIT JUDGE which would you choose? leader and our colleague and friend, FOR THE DISTRICT OF COLUM- Senator BILL FRIST. As we know, be- I have asked that question in small BIA CIRCUIT fore becoming a Senator, it was Dr. business groups around the country. I The PRESIDING OFFICER. Under BILL FRIST. He happened to be a car- have not had a single person say: If I the previous order, the Senate will now diac surgeon. When it was clear to me were sick, I would rather be part of the go into executive session to resume I was going to have to have cardiac small group. Of course you would rath- consideration of Executive Calendar surgery, and when that fact became er be part of the bigger group. No. 21, which the clerk will report. known by a number of my friends, I This is a haven for small business The legislative clerk read the nomi- had an almost mountain of suggestions people who want to help themselves nation of Miguel A. Estrada, of Vir- as to what I should do, where I should ginia, to be United States Circuit go, who the surgeon should be. and their employees, and particularly Finally, my friend and former col- Judge for the District of Columbia Cir- the ones who are sick and need the in- league, Connie Mack, called me and cuit. surance, such as that lady in the op- suggested I should talk to Senator The PRESIDING OFFICER. The time tometrist shop in Farmington. It is a FRIST, who actually knows something until 12:30 p.m. shall be equally divided haven for them. And it will cut the about this, which I did. He gave me ex- between the chairman and the ranking cost of their health insurance, on aver- cellent advice and a substantial member of the Judiciary Committee or age, 10 to 20 percent and make insur- amount of reassurance. Then after the their designees. ance available to millions of people operation, while I was still in the hos- Mr. REID. Mr. President, I suggest who currently do not have it. It does pital, he came and visited. That was a the absence of a quorum and ask unani- not cost the taxpayers anything. It is touching moment for Adele and myself mous consent that the time run equal- just like a big co-op. that he would make that effort. ly between both sides. I particularly thank Senator FRIST We have a lot of support in the Sen- The PRESIDING OFFICER. Without for his display of humanity during this ate. I am very pleased about our objection, the clerk will call the roll. period. progress. The chairman of the Small The legislative clerk proceeded to I am here to discuss my vote on the Business Committee, the senior Sen- call the roll. motion to invoke cloture on the nomi- ator from Maine, Ms. SNOWE, is a Mr. LEAHY. Mr. President, I ask nation of Miguel Estrada to the Dis- strong supporter and is leading the unanimous consent that the order for trict of Columbia Circuit Court of Ap- fight. Senator BOND is supportive. The the quorum call be rescinded. peals. Senator who is presiding over the Sen- The PRESIDING OFFICER. Without It will be my vote today to not in- ate today is supportive. Senator objection, it is so ordered. voke cloture. I want to explain the rea- Mr. LEAHY. Mr. President, what is MCCAIN is supportive. I have been talk- sons for this. There are many issues ing with a number of my friends and the parliamentary situation? raised by this nomination. I consider The PRESIDING OFFICER. The Sen- colleagues on the other side of the the most fundamental issue is the issue ate is on the Estrada nomination. aisle. I am hoping to get support there. of the independence of the judiciary. Mr. LEAHY. I thank the distin- That has been a matter of concern to In the House, it passed on a strong bi- guished Presiding Officer. thoughtful Americans from before our partisan basis. I believe we can do the SENATOR GRAHAM’S RETURN country was a country. same. It is just a question of the I see the distinguished senior Senator In the brilliant and Pulitzer Prize- choices we want to make. We can from Florida in the Chamber. First, I winning book by David McCullough, choose these small businesspeople and will say on a personal basis, I am de- ‘‘John Adams,’’ John Adams is quoted their employees who have been telling lighted to see him back. He is looking from a paper he wrote called us, year after year after year: We are as healthy as he did before he left. I un- ‘‘Thoughts on Government.’’ This was working full time; We care about our derstand he is even more healthy now. written before the War for Independ- jobs; We care about our fellow employ- For someone like myself who has prob- ence, anticipating that after a success- ees; Let us help ourselves, or we can ably a couple pounds more than I ful independence, there would be the choose the big insurance companies would like to be carrying, I noticed need to establish a government. And that have a monopoly on this market that he has found a way of losing a lit- these were some principles John Adams and are charging higher and higher tle weight. I suspect that what he has thought government should contain. prices and providing fewer and fewer gone through is not something that is Let me read one paragraph: policies of insurance for people who going to catch on with the various diet ‘‘Essential to the stability of government need it. fads. and to enable an impartial administration of I had a chance to chat with the dis- justice,’’ Adams stressed, ‘‘with separation I think the choice is clear. I urge the tinguished senior Senator last night, of judicial power for both legislative and the Senate to look at this bill, the associa- and he not only sounds even healthier executive, there must be an independent ju- tion health plans. We can get it passed. diciary, men of experience on the laws, of ex- than when he left, but he has the same emplary morals, invincible patience, unruf- We can make a difference, and we can sense of verve and sense of humor as he do it now. fled calmness, indefatigable application, and had before he left. should be subservient to none and appointed I yield back the remainder of my I yield to the distinguished Senator for life.’’ time. from Florida, if he would like to take Those were the characteristics John Mr. REID. I suggest the absence of a the floor at this point, such time as he Adams laid out as crucial to the essen- quorum. needs. tial stability of government and to The PRESIDING OFFICER. The Sen- have an able and impartial administra- The PRESIDING OFFICER. The ator from Florida. tion of justice. Those words, written clerk will call the roll. Mr. GRAHAM of Florida. Mr. Presi- before the war, then became the guid- The legislative clerk proceeded to dent, I extend to you and to my col- ing star for our Founding Fathers at call the roll. leagues deep appreciation from me and the Constitutional Convention in 1787. my family for the many expressions of In order to preserve the political Mr. REID. Mr. President, I ask unan- concern and best wishes which have independence of judges, the Constitu- imous consent that the order for the flowed to us over the past 6 weeks. I re- tion provides they shall, as John quorum call be rescinded. port to the Senate that this is my sec- Adams suggested they should, serve a The PRESIDING OFFICER. Without ond day back on the job since my oper- lifetime appointment. In order to pro- objection, it is so ordered. ation. I feel increasingly strong and en- tect from economic intrusion into the

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3669 judiciary, this Congress is prohibited sion used to recommend three people to and support before the Senate Judiciary from reducing the salary of judges, so the Senators. Senator Mack and myself Committee the pending nominee for a Dis- that they will be free of intimidation. worked for over 12 years in a very col- trict Court judgeship in the Southern Dis- But maybe the most difficult issue the laborative, nonpartisan manner to de- trict of Florida, as well as the nominees for U.S. marshal in the three federal judicial Constitutional Convention faced—and termine what recommendations should districts in Florida. it was one of the last matters to be re- be made to the President. Under the If confirmed, judicial nominee Cecilia M. solved by that convention—was how system now, the number of persons to Altonaga would be the first Cuban-American should judges secure their place on the be recommended will be increased from woman to sit on the federal bench. The pend- bench. Up until the very end of the three to six, and the role Senator NEL- ing nominees for U.S. marshal are Dennis A. Constitutional Convention, the idea SON and I will play—recognizing the Williamson in the Northern District; Thomas was that this Senate would directly ap- fact that we are Democrats and the ad- Hurlburt Jr., in the Middle District; and point Federal judges. However, late Christina Pharo in the Southern District. ministration is Republican—is we will ‘‘My complaint has never been with the concern arose that this very principle review those six nominations and make qualifications of these individual nominees, of the independence of the judiciary a judgment as to whether, in our opin- but with the fact that the White House devi- might be at risk if one branch were ion, any of those nominations would ated from the nominating process which has solely responsible for the appointment have difficulty being confirmed by the so well served Floridians,’’ Graham said. of Federal judges. And so a compromise Senate. If that is not the case, then all ‘‘I am hopeful that, with the White House was struck. That compromise was that six will go to the President for his con- commitment, we will to return to a selection the President would nominate persons sideration. process that gives assurances of merit-based and non-partisan selection of jurists, expe- to be Federal judges, and that the role I highly commend to my colleagues of the Senate would be to advise and dites non-partisan consideration of those ju- the article I quoted from in The New rists by the Senate and maintains the inde- then consent, through the confirma- York Times Magazine of March 9, 2003, pendence of the judiciary.’’ tion process, to those nominations. written by Deborah Sontag. So the issue we are debating today— I ask unanimous consent that some THE WHITE HOUSE, the relative role of the executive and materials about this recent agreement Washington, March 12, 2003. legislative—is not a trivial issue. It that has been reached between the DEAR SENATOR GRAHAM: Thank you for the goes to the heart, as John Adams said, White House, the chairman of the Flor- numerous opportunities to discuss our mu- tual efforts to ensure that Florida’s judicial of the stability of government, because ida Judicial Commission, and Senator it goes to the independence of the judi- vacancies are filled through an orderly proc- NELSON and myself, which I believe will ess. ciary. well serve the Federal judiciary and I know that you and Judge Gonzales have Having said that and having read the people of Florida, be printed in the communicated previously about the impor- some words from the 18th century, I RECORD. tant work and role of Florida’s Federal Judi- would like to read you some words There being no objection, the mate- cial Nominating Commission. I want to reit- from the 21st century as printed in the rial was ordered to be printed in the erate that the President is committed to fol- New York Times Magazine of last Sun- lowing the commission process in Florida RECORD, as follows: day. It is an article on one of our Fed- and intends to abide by the rules of proce- [News From Bob Graham] eral intermediate appellate courts, a dure of the Florida Federal Judicial Nomi- court of almost, but not quite, the WHITE HOUSE COMMITS TO HONOR FLORIDA nating Commission, consistent with ‘‘the NOMINATING SYSTEM Constitutional and statutory powers, duties, same influence as the DC Circuit or prerogatives of the President of the Court. One of its justices is J. Michael GRAHAM SAYS JUDICIARY NEEDS TO MAINTAIN INDEPENDENCE United States or the Senate in the filling of Luttig. It says this: vacancies by nomination and confirmation’’ WASHINGTON (March 12, 2003).—Senator Bob Luttig told me that he thinks the politics (Rule 30). Graham, D-Florida, announced today that surrounding judicial appointments makes The Administration shares your desire to the White House has committed to honor judges hyperconscious of their political promptly fill the federal judicial and United Florida’s non-partisan process for selecting sponsors. ‘‘Judges are told, ‘You’re appointed States Marshals vacancies in Florida. nominees for federal judgeships, federal pros- by us to do these things.’ So then judges Sincerely, ecutors and U.S. marshals. The agreement start thinking, well, how do I interpret the ANDREW H. CARD, Jr. culminates months of discussion about the law to get the result that the people who Chief of Staff to the President. importance of the role of the state’s nomi- pushed for me to be here want me to get?’’ nating commissions. COLSON HICKS EIDSON, Judge Luttig continued: ‘‘This is an important assurance from Coral Gables, Florida, March 12, 2003. I believe that there is a natural temptation Chief of Staff Andy Card that the White Hon. BOB GRAHAM, to line up as political partisans that is rein- House will abide by the nominating process U.S. Senate, forced by the political process. And it has to that has allowed the federal court system in Washington, DC. be resisted, by the judiciary and by the poli- Florida to retain public confidence and DEAR SENATOR GRAHAM: I want to thank ticians. maintain its independence from political in- you for your support of the nomination of Mr. President, I believe we are at a fluence,’’ Graham said. ‘‘For nearly two dec- Judge Cecilia Altonaga for United States time when we are being called upon to ades, this merit-based process has produced District Court Judge for the Southern Dis- resist an effort to inappropriately uti- judges and other officials of the highest cal- trict of Florida. iber, while allowing our state to outpace the lize the executive power to the exclu- Your substantial personal involvement and nation in filling vacancies. We need to en- leadership in the nomination of Federal sion of the legislative role in the ap- sure that this tradition continues.’’ pointment of Federal judges. I consider Judges, U.S. Attorneys and U.S. Marshals, Graham released a letter from White House throughout your years of service in the myself to be a pragmatist. I find very Chief of Staff Andrew H. Card Jr., that reads, United States Senate, have been exemplary few things in life that are black and in part: ‘‘I want to reiterate that the Presi- and have been responsible for the high quali- white. I do not think this issue is black dent is committed to following the commis- fications of the men and women who serve in and white. sion process in Florida and intends to abide the three federal districts in the State of I have been dealing with this issue in by the rules of procedure of the Florida Fed- Florida. You have my admiration and re- another dimension over the past weeks eral Nominating Commission, consistent spect. with ‘the Constitutional and statutory pow- of recuperation. In my State of Flor- With warm personal regards, I remain, ers, duties, or prerogatives of the President Sincerely, ida, we have had for over 20 years a of the United States or the Senate in the fill- ROBERTO MARTI´NEZ. process of nominating Federal judges ing of vacancies by nomination and con- through a citizen-based judicial nomi- firmation’ (Rule 30).’’ [From the Miami Herald, Jan. 16, 2003] nating commission. Persons who want Graham said it was agreed that the White FLORIDA’S JUDICIAL-NOMINATION PROCESS to be a Federal judge in Florida submit House commitment to following the re- formed rules of the nomination process will UNDER THREAT their application to the judicial nomi- (By Bob Graham) nating commission, which reviews be prospective, meaning that persons already nominated or who are under consideration For more than a decade, through both their submission and has personal for a vacancy will not be subject to the new Democratic and Republican presidencies, interviews with those candidates that process. Florida had an outstanding record of filling it believes are eligible for Federal judi- Upon receiving Card’s letter, Graham said federal judicial vacancies through a non- cial consideration. Then that commis- he would encourage prompt consideration of partisan, merit-based process.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3670 CONGRESSIONAL RECORD — SENATE March 13, 2003 The process was driven by the judicial The legal counsel to the president, Alberto number of rationales submitted for the nominating commissions, which took appli- Gonzalez, said that the initial panel had been war. cations, interviewed candidates and sub- rejected because of inadequate diversity. I One of the rationales that has been mitted three names for consideration for found this surprising because half of the fed- recently advanced with a great deal of each judicial vacancy. These commissions, eral court officers nominated in Florida by appointed by the two senators, were made up the Republican-appointed Judicial Nomi- intellectual fervor has been the con- of volunteers who represented a cross-section nating Commission and selected by the cept that by taking down Saddam Hus- of our state: lawyers and lay persons, Demo- president were minorities. sein, we could create a new climate crats and Republicans. Both Florida senators With this record, if this recent set of rec- throughout the region of the Middle interviewed the three finalists and passed ommendations by the Judicial Nominating East and that in that new climate their recommendations onto the White Commission was found by the president to be could sprout the seeds of democratic House. insufficient, what recommendation would The process worked. Over 10 years, we institutions which would, in turn, lead Gonzalez make to satisfy the diversity to democracy. That would be a very ad- filled 26 District Court vacancies without a sought by the president? mirable consequence. single significant controversy. Because of PROUD TRADITION the confidence that the Senate Judiciary The irony is that at the same time We must live up to the words said by Committee vested in the Florida judicial- we are hoping that our actions of war former Florida Bar President Herman J. nominating process, between the 101st and Russamanno about our federal courts: ‘‘Flor- will lead to democracy in a region of 106th Congress, those vacancies were filled in ida has been blessed with competent, experi- the world thousands of miles away an average of 108 days. This compares to the which has little history of democracy, average time for all U.S. District Court va- enced, compassionate and highly profes- cancies of 151 days. sional judges. These distinguished individ- we are today debating a process that, The process attracted highly qualified can- uals bring to the court the highest standards in my judgment, if not carefully bal- didates for federal judicial vacancies. This is and strong commitments to the administra- anced between the executive and legis- sometimes difficult because the open process tion of justice.’’ lative branches, has the prospect, as makes all the information submitted by the I am committed to this proud tradition, which is why we must honor a system of non- John Adams suggested, of destabilizing candidates publicly available. However, be- one of the key institutions of our more cause decisions were made on merit, can- partisanship and cooperation in the selection of Florida’s federal judges. than two centuries of democracy. didates of the highest quality from private I return to my hope that people of practice as well as the state courts and fed- Mr. GRAHAM of Florida. Having said eral magistrates were attracted to apply. that, I believe the standard for the good will can find a way to provide to RAISING CONCERNS kind of information the Senate has a this institution the information that it After George W. Bush became president, right and a need for in order to be able legitimately requires, and which the the process changed. Now the governor, to carry out its advise and consent Constitution imposes upon us, to make along with the most senior Republicans in function is not an ideological or even a an informed consent to the President’s our state’s congressional delegation, are re- precedential standard but, rather, a nomination. sponsible for naming the nominating com- pragmatic standard. If a person has I offer as an example of that spirit of mission’s members. been, for instance, an academic and has cooperation the good deeds that were While Sen. Bill Nelson and I can interview written, as they typically do, extensive extended to me by Senator FRIST. the candidates, we cannot make rec- Maybe some people who observe this ommendations to the White House anymore. articles or books, there is some means We can only indicate whether any of the can- by which you can get below and be- debate observe the Senate in other didates might encounter difficulty in win- neath the resume and get some feel of highly partisan conflicts, such as the ning Senate confirmation. the person who is being considered. one we voted on earlier today, to be- Since this new system has taken effect, Similarly, if a person has been a lieve that we are warring armies. Yes, there have been two instances that raise con- judge at the State level, or at other we are people who have strong views cerns about the politicization of the judicial- levels within the Federal judiciary, it and opinions, and we will express those nominating process, threatening to under- views and support them with our votes. mine the credibility of our judiciary. is likely that they have written opin- A year ago, the nominating commission ions or other statements of their juris- But we also are people who have a re- announced groups of three finalists to fill prudential feelings which, again, would spect for our colleagues and a human- three U.S. marshals positions in Florida, in- give you means by which to evaluate ity towards them. I think this is the cluding one in the Southern District of Flor- and cast an informed vote to consent time to draw upon that respect and ap- ida. In March 2002, my office was informed to a Presidential nomination. preciation for humanity, as well as our that the three finalists for the position in I have been away from the Senate responsibilities under the Constitution, the Southern District were being put aside in most of the time this matter has been to see if we can find a means to close favor of a candidate who had not even ap- plied. This candidate has been renominated under consideration. I do not serve on this impasse and move on to the other in the 108th Congress and is now awaiting ac- the Judiciary Committee, but col- important business of the Senate. tion by the Senate Judiciary Committee. leagues whose judgment I respect have Mr. President, I appreciate this op- In February 2002, the Judicial Nominating indicated they do not feel that as of portunity. I again thank you and my Commission announced that it had selected today we have the information to, in colleagues for all the expressions of three finalists for a Southern District court an informed manner, provide that con- good will during my absence. vacancy. The candidates included two state sent. The PRESIDING OFFICER. The Sen- circuit-court judges and the sitting U.S. at- I believe this is an issue upon which ator from Vermont. torney for the Southern District, who were Mr. LEAHY. Mr. President, I thank interviewed by the Judicial Nominating honorable men and women can reach Commission and found to be qualified. Nel- agreement, just as after a series of ne- my good friend from Florida for his son and I informed the White House that, if gotiations, Senator NELSON and I have statement. I again welcome him back. nominated, any of the three would be expedi- reached an agreement on the means by I heard in his absence statements from tiously confirmed. which the Florida judicial nominating both Republicans and Democrats wor- By April, however, the process took a mys- process will be ordered and respected. ried about him. I am glad to see him tifying turn. The nominating commission’s I urge those of my colleagues who back. The Senator and his wife are dear chairman informed the fellow commissioners have been particularly involved in this and close friends of mine and my wife. that the White House had requested three additional names, effectively disregarding to not see today’s vote as the last Sometimes people forget the Senate the three initial candidates. A month later, chapter but, rather, as a call to find an is a family. There are only 100 of us. We at the direction of the governor and two U.S. honorable way to provide us with the tend to know each other and spend House members, the commission met again information, given the status of this time with each other. No matter what and selected three new finalists. A nominee nominee and the dearth of information political positions we take, we worry is expected from the White House any day which might otherwise be available. about each other’s health. We talk now. Let me say, Mr. President, I find about each other’s children and where The qualifications of these three new can- some irony in the issues with which didates are not to be questioned. Rather, the they are going to school. concern is the deviation from a process that this Senate is currently dealing. We This is an example of those who were has been successful for more than a decade. may be at war as early as next week. concerned about a very popular Sen- The independence and integrity of our judi- This Senate has already voted to au- ator. I am glad to see him looking in cial system are at stake. thorize that war. There have been a such great health. I welcome him back.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3671 I thank him, of course, for his very a further effort to minimize the Sen- work. We have a stock market that has thoughtful statement. I am glad to ate’s role in this process by proposing tanked. We have runaway budget defi- hear the quotes from a book that I radical changes in Senate rules. cits. This is an administration that in- probably enjoyed as much as any in the I have great respect for the Office of herited the largest surpluses in his- last 10 years, David McCullough’s book the Presidency, for whoever holds it. tory, and they are about to create the on John Adams. I do not own the pub- One thing I have learned in 29 years is largest deficits in history; an adminis- lishing company or anything else, but I that Presidents come and Presidents tration that inherited a robust stock recommend that book to anyone who go. The Office of the Presidency exists market, and we are about to see the wants to read it. with its responsibilities, its duties, its stock market go to an all-time low. Mr. REID. Will the Senator yield for rules, its traditions. Just as Senators They have enough to worry about. Let a question? come and go. No Senator holds a seat us worry about carrying out the duties Mr. LEAHY. Of course. for life. No Senator owns a seat in the of the Senate. Mr. REID. Mr. President, this is not Senate. But the Senate stays, and the If they would simply cooperate, we a question, but I wish to say, Senator Senate has its rights, and it has its could go forward with Mr. Estrada. I GRAHAM and I came to the Senate to- privileges, and it also has its obliga- mention this because I do not want gether. I have been so impressed with tions. It has its constitutional duties. anybody to make a mistake. The con- BOB GRAHAM his entire tenure in the I have been in the Senate with six trol and the scheduling of whether Senate because he never does anything different Presidents. I have never been there will be a vote on Mr. Estrada is halfway; it is always all the way. in the Senate with a White House that in the hands of the White House. Whenever he comes to the floor to seems to have less understanding of the There seems to be a perversion to re- speak, he is prepared and has thought role of the Senate or more of a desire quire the Senate to stumble in the about what he is going to talk about. to overturn well over 200 years of prac- dark about Mr. Estrada’s views when Today is no different. tice and procedures in the Senate. I he shared these views quite freely with Of course, I am happy to see him have never known a White House that others, and when the administration back stronger than ever and certainly thinks more just for the moment and selected him for this high office based wish him well in his ambitions politi- not for the long term. on these views. cally, even though he may have had a This may be why we are fast ap- slight setback, but knowing how hard proaching the point where, as some Justice Scalia wrote just last year: the Senator from Florida works, I am suggest, the White House may get half Even if it were possible to select judges sure he will catch up with the pack. of its goal of regime change, but they who do not have preconceived views on legal The PRESIDING OFFICER. The Sen- may get it in Great Britain. But I di- issues, it would hardly be desirable to do so. ator from Vermont. gress. Proof that a Justice’s mind at the time he Mr. LEAHY. Mr. President, it was The real double standard in the mat- joined the Court was complete tabula rasa in just 2 days ago we welcomed the Vice the area of constitutional adjudication ter of the Estrada nomination is that would be evidence of lack of qualification, President to the Senate for debate the President selected Mr. Estrada in not lack of bias. scheduled by the majority. I said at large part based upon his 41⁄2 years of that time that I am always glad to see work in the Solicitor General’s Office, It was just a week ago that I thanked the Vice President here, even though it as well as for his ideological views. The the Democratic leader and assistant is a rare appearance for a Vice Presi- administration undoubtedly knows leader and Democratic Senators for dent of either party. what those views are and have seen speaking and voting in favor of pre- I wish he had been here for debate those work papers. They know what he serving the integrity of the confirma- about the impending war with Iraq. We did. They picked him based on that, tion process. We are acting to safe- are probably the only parliamentary but they said even though we picked guard our Constitution and the special body in the democratic world that has him based on that, we do not want the role of the Senate in ensuring that our not had a major debate during the past Senate to know what it was. We in the Federal courts have judges who will few weeks on Iraq and the war. Or he Senate cannot read his work, the work fairly interpret the Constitution and might have been here for debate on ter- papers that would shed the most light the statutes we pass for the sake of all rorism or homeland defense or the need on why this 41-year-old should have a Americans. for action to stimulate the economy lifetime seat on the Nation’s second The administration’s obstinacy con- and improve the lives of the millions of highest court. tinues to impede progress to resolve Americans who have lost jobs over the We are to a point where the White this standoff. The administration re- last 2 years. Actually, there are more House simply says, trust us, we know mains intent on packing the Federal Americans losing jobs in a 2-year pe- what he wrote and how he thinks and circuit courts and on insisting that the riod than I think has occurred since I will make decisions, but we do not Senate rubber-stamp its nominees have been old enough to vote. Or the want you to know what he wrote, just without fulfilling the Senate’s con- Senate might have been acting on a rubberstamp him. stitutional advice and consent role in prescription drug benefit for seniors. Actually, I would remind them of this most important process. The Apparently, we are not here to have that made-up quote that President White House could have long ago that debate today nor did the majority Reagan used to such effect—I happen helped solved the impasse on the schedule debate in the Senate on Tues- to agree with President Reagan on it— Estrada nomination by honoring the day on those important matters. In- trust but verify. We would like to Senate’s role in the appointment proc- stead, we are here to hear again the ar- verify. President Reagan said, ‘‘Trust ess and providing the Senate with ac- guments about Mr. Estrada. But not but verify.’’ They say, trust us. We say, cess to Mr. Estrada’s legal work. Past much has changed since last week or let us verify. administrations have provided such since this Tuesday. The administra- So actually this whole matter is in legal memoranda in connection with tion’s obstinacy continues to impede the hands of the White House. They the nominations of Robert Bork, Wil- Senate consideration of this nomina- could move forward with Mr. Estrada liam Rehnquist, Brad Reynolds, Ste- tion. easily if they wanted to. Instead, the phen Trott and Ben Civiletti, and even The distinguished Democratic leader, White House has taken on the attitude this administration did so with a nomi- Senator DASCHLE, pointed a way out of that they want to carry out the respon- nee to the EPA. Senator DURBIN noted this impasse in a letter to the Presi- sibilities of the Presidency, as awe- this week that the administration is dent on February 11. It is regrettable some as they are, but they also want to giving Mr. Estrada bad advice. Instead, the President did not respond to that carry out the responsibilities of the the administration should instruct the reasonable letter to resolve the issue. Senate. nominee to answer questions about his Instead, the letter sent this week to I think they have their hands full views—consistent with last year’s Su- the distinguished majority leader, Sen- carrying out the duties of the White preme Court opinion by Justice ator FRIST, was not a response to Sen- House, with the impending war. We Scalia—and to stop pretending that he ator DASCHLE’s realistic approach, but have millions of Americans out of has no views.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3672 CONGRESSIONAL RECORD — SENATE March 13, 2003 The White House is using ideology to mittee after fair hearings and open de- The Democratic Leader pointed the select its judicial nominees but is try- bate last year. Sending these re-nomi- way out of this impasse again in his ing to prevent the Senate from know- nations to the Senate is unprecedented. letter to the President on February 11. ing the ideology of these nominees No judicial nominee who has been It is regrettable that the President did when it evaluates them. It was not so voted down has ever been re-nominated not respond to that reasonable effort to long ago when then-Senator Ashcroft to the same position by any President. resolve this matter. Indeed, the letter was chairing a series of Judicial Com- This morning the Republican majority he sent this week to Senator FRIST was mittee hearings at which Edwin Meese took another unprecedented step in not a response to Senator DASCHLE’s III testified: holding a hearing on the re-nomination reasonable and realistic approach, but I think that very extensive investigations of Judge Owen, whose nomination had a further effort to minimize the Sen- of each nominee—and I don’t worry about been rejected earlier by the committee. ate’s role in this process by proposing the delay that this might cause because, re- The White House, in conjunction with radical changes in Senate rules and member, those judges are going to be on the the new Republican majority in the practices to the great benefit of this bench for their professional lifetime, so they Senate, is choosing these battles over administration. A distinguished senior have got plenty of time ahead once they are nominations purposefully. Dividing Republican Senator saw the reason- confirmed, and there is very little oppor- rather than uniting has become their tunity to pull them out of those benches ableness of the suggestions that the once they have been confirmed—I think a modus operandi. Democratic leader and assistant leader careful investigation of the background of Among the consequences of this par- have consistently made during this de- each judge, including their writings, if they tisan strategy is that for the last bate when he agreed on February 14 have previously been judges or in public posi- month, the Senate has been denied by that they pointed the way out of the tions, the actions that they have taken, the the Republican leadership meaningful impasse. Sadly, his efforts and judg- decisions that they have written, so that we debate on the situation in Iraq. I com- ment were also rejected by the admin- can to the extent possible eliminate people mend Senator BYRD, Senator KENNEDY istration. eliminate persons who would turn out to be and the other Senators on both sides of More recently, in its edition for next activist judges from being confirmed. the aisle who have nonetheless sought Monday, March 17, a writer in The Timothy E. Flanigan, an official to make the Senate a forum for debate Weekly Standard suggests that other from the administration of the Presi- and careful consideration of our na- Senate Republicans, ‘‘several veteran dent’s father, and who more recently tion’s foreign policy. The decision by GOP Senate staffers’’ and ‘‘a top GOP served as Deputy White House Counsel, the Republican Senate majority to leadership aide’’ asked the White House helping the current President select his focus on controversial nominations to shown some flexibility and to share judicial nominees, testified strongly in rather than the international situation the legal memoranda with the Senate favor of ‘‘the need for the Judiciary or the economy says much about their to resolve this matter, but were Committee and the full Senate to be mistaken priorities. The Republican rebuffed. I ask unanimous consent that extraordinarily diligent in examining majority sets the agenda and they a copy of the article from The Weekly the judicial philosophy of potential schedule the debate, just as they have Standard be printed in the RECORD. nominees.’’ He continued: again here today. There being no objection, the mate- In evaluating judicial nominees, the Sen- One of the most disconcerting as- rial was ordered to be printed in the pects of the manner in which the Sen- ate has often been stymied by its inability to RECORD, as follows: obtain evidence of a nominee’s judicial phi- ate is approaching these divisive judi- [From the Weekly Standard, Mar. 17, 2003] losophy. In the absence of such evidence, the cial nominations is what appears to be FILIBUSTER SI, ESTRADA NO!—THE GREAT RE- Senate has often confirmed a nominee on the the Republican majority’s willingness theory that it could find no fault with the PUBLICAN DIVIDE OVER HOW TO FIGHT FOR to sacrifice the constitutional author- BUSH’S JUDICIAL NOMINEE nominee. ity of the Senate as a check on the I would reverse the presumption and place (By Major Garrett) the burden squarely on the shoulders of the power of the President in the area of It’s not clear whether the constitutional judicial nominee to prove that he or she has lifetime appointments to our Federal definition of ‘‘advice and consent’’ will be- a well-thought-out judicial philosophy, one courts. It should concern all of us and come a casualty of Miguel Estrada’s fight for that recognizes the limited role for Federal the American people that the Repub- a seat on the D.C. Circuit Court of Appeals, judges. Such a burden is appropriately borne lican majority’s efforts to re-write Sen- but the possibility is serious and sobering. In by one seeking life tenure to wield the awe- ate history in order to rubber-stamp a 55–44 vote, Democrats last week defeated a some judicial power of the United States. this White House’s Federal judicial Republican attempt to break their unprece- Although the Senate Judiciary Committee nominees will cause long-term damage dented partisan filibuster of Estrada’s nomi- has long recognized correctly, in my view, nation, opening the way for the simple-ma- that positions taken as an advocate for a cli- to this institution, to our courts, to jority standard for Senate confirmation of ent do not necessarily reflect the nominee’s our constitutional form of government, judicial nominees to be replaced with a own judicial philosophy, a long history of to the rights and protections of the super-majority requirement. The Republic cases in which a nominee has repeatedly American people and to generations to isn’t there yet. But it’s close. urged courts to engage in judicial activism come. I have served in the Senate for 29 ‘‘If we go very much further there will be may well be probative of a nominee’s own years, and until recently I have never obvious consequences,’’ said Sen. Jon Kyl, an philosophy. seen such stridency on the part of an Arizona Republican. ‘‘This standard will Now that the President is not a popu- administration or such willingness on have to be applied to both parties and by larly elected Democrat but a Repub- both parties. This is very close to the point the part of a Senate majority to cast where you can’t pull it back.’’ lican, these principles seem no longer aside tradition and upset the balances The strain on the Constitution and Senate to have any support within the White embedded in our Constitution so as to precedent is now obvious. Less obvious is the House or the Senate Republican major- expand Presidential power. What I find toll the Estrada fight has taken on the rela- ity. Fortunately, our constitutional unprecedented are the excesses that tionship between the new Senate GOP lead- principles and our Senate traditions, the Republican majority and this ership team and the Bush White House. practices and governing rules do not White House are willing to indulge to While GOP senators are loath to admit it, change with the political party that override the constitutional division of the Estrada debate has drifted on this long occupies the White House or with a because the White House and the GOP lead- power over appointments and long- ership could not fashion a cohesive strategy. shift in majority in the Senate. standing Senate practices and history. Estrada is not the first fight new majority Along with this current impasse, the It strikes me that some Republicans leader Bill Frist would have chosen—at least administration has shown unprece- seem to think that they are writing on not under the restrictions imposed by the dented disregard for the concerns of blank slate and that they have been White House. Senate Republicans believe the Senators in taking other unprece- given a blank check to pack the courts. White House has severely limited their room dented actions, including renominating They show a disturbing penchant for to negotiate. both Judge Charles Pickering, despite Early on, several veteran GOP Senate reading the Constitution to suit their staffers warned the White House and Justice his ethical lapses, and Judge Priscilla purposes of the moment rather than as Department to prepare for a brawl. They Owen, despite her record as a conserv- it has functioned for over 200 years to then gingerly asked two questions: Would ative ‘‘activist’’ judge. Both were re- protect all American through checks Estrada answer more questions from Demo- jected by the Senate Judiciary Com- and balances. crats? And was there any flexibility in the

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3673 White House’s objection to releasing the plications, has yet to resonate with the pub- in spite of two cloture votes in 1995. Dr. working memos Estrada wrote while deputy lic. Democratic senators report no political David Satcher’s subsequent nomina- solicitor general in the Clinton Justice De- backlash at home and see it as their duty to tion to be Surgeon General also re- partment? defend Daschle. quired cloture but he was successfully Senior Senate GOP staff told White House ‘‘This is an ideological fight, and this is a and Justice Department officials that cut- fight for Daschle to be taken seriously,’’ said confirmed. ting a deal on limited Democratic access to a senior aide to a Democratic senator who Other Executive Branch nominees Estrada’s working papers could lead to his has teamed up with the White House on eco- who were filibustered by Republicans confirmation. The White House refused. nomic policy. ‘‘And my boss is with Daschle. included Walter Dellinger’s nomination There would be no access to Estrada’s work- He knows he’s taken, and will take, enough to be Assistant Attorney General and ing papers. Period. This adamantine posture, flak on fiscal policy. This is a fight he’s pre- two cloture petitions were required to in the eyes of some in the Senate GOP lead- pared to stick with.’’ be filed and both were rejected by Re- ership circles, handcuffed Frist. Absent a deal on the working memos, all publicans. In this case we were able fi- ‘‘There’s some frustration,’’ said a top GOP Estrada can bank on is White House and Re- nally to obtain a confirmation vote leadership aide. ‘‘From the very beginning publican promises to fight until they prevail. we told them that was the only way out and But no one in the GOP Senate leadership or after significant efforts and Mr. a face-saver for everyone. But it came down the Bush White House can explain how or Dellinger was confirmed to that posi- to the fact that no one on the White House when that will happen. tion with 34 votes against him. He was or Justice team wanted to walk into the Mr. LEAHY. It is too bad that the never confirmed to his position as So- Oval Office and say to the president, ‘You White House will not listen to reason licitor General because Republicans might have to give up these memos.’ ’’ from Senate Democrats or Senate Re- had made clear their opposition to him. The administration’s position on the publicans. If they had, there would be In addition, in 1993, Republicans ob- memos reflects its deeply held ethic of ag- jected to a number of State Depart- gressively defending executive branch pre- no need for this cloture vote. The rogatives. Though the White House has never White House is less interested in mak- ment nominations and even the nomi- characterized the Estrada matter as one of ing progress on the Estrada nomina- nation of Janet Napolitano to serve as executive privilege (it is more akin to law- tion than in trying to make political the U.S. Attorney for Arizona, result- yer-client privilege), it falls into the broad points and to divide the Hispanic com- ing in cloture petitions. In 1994, Repub- category of executive branch muscularity. munity. licans successfully filibustered the And while most Republicans generally sup- The Supreme Court, in an opinion au- nomination of Sam Brown to be an port this posture, some Bush allies on and off thored by none other than Justice Ambassador. After three cloture peti- Capitol Hill have come to question the ad- Scalia, one of this President’s judicial tions were filed, his nomination was re- ministration’s fastidiousness in the Estrada fight. role models, instructs that judicial eth- turned to President Clinton without ‘‘I understand the principle, and I support ics do not prevent candidates for judi- Senate action. Also in 1994, two cloture it, but on this one it feels belligerent,’’ said cial office or judicial nominees from petitions were required to get a vote on a longtime Republican lobbyist and ally of sharing their judicial philosophy and the nomination of Derek Shearer to be the Bush White House. views. an Ambassador. And it likewise took When a reporter last week asked Sen. Rick With respect to ‘‘precedent,’’ Repub- two cloture petitions to get a vote on Santorum, the GOP conference chairman, if licans not only joined in the filibuster the nomination of Ricki Tigert to chair opposition to divulging Estrada’s Justice De- partment memos was permanent, he of the of Abe Fortas to be Chief Justice the FDIC. So when Republican Sen- snapped, ‘‘Ask the White House.’’ of the United States Supreme Court, ators now talk about the Senate Exec- Conservatives like Sen. Kyl see the they joined in the filibuster Stephen utive Calendar and presidential nomi- Estrada fight as purely ideological and Breyer to the 1st Circuit, Judge Rose- nees, they must be reminded that they strongly oppose cutting any deal on access mary Barkett to the 11th Circuit, recently filibustered many, many to his working papers. Judge H. Lee Sarokin to the 3rd Cir- qualified nominees. ‘‘It’s a phony issue, a manufactured issue,’’ cuit, and Judge Richard Paez and Nonetheless, in spite of all the in- said Kyl. ‘‘We want to win this, but you transigence of the White House and all don’t win it by breaking a principle that has Judge Marsha Berzon to the 9th Cir- served this nation well for 200 years. And if cuit. The truth is that filibusters on of the doublespeak by some of our col- we deal on the papers, it will be something nominations and legislative matters leagues on the other side of the aisle, I else.’’ and extended debate on judicial nomi- can report that I believe the Senate But Sen. Harry Reid, the Senate’s No. 2 nations, including circuit court nomi- will by the end of this week have Democrat, has said he will support Estrada if nations, have become more and more moved forward to confirm 111 of Presi- the papers are turned over and nothing ob- common through Republicans’ actions. dent Bush’s judicial nominations since jectionable emerges. Enough Democrats to Of course, when they are in the ma- July 2001. That total would include 11 break the filibuster would surely follow Reid, senior Democratic sources say. jority Republicans have more success- judges confirmed so far this year and of ‘‘Their guy’s not going to get confirmed fully defeated nominees by refusing to those, seven would be confirmed this without them,’’ said a top Democratic law- proceed on them and have not publicly week. With the time agreement on the yer who backs Estrada. ‘‘This is not com- explained their actions, preferring to controversial nomination of Jay S. plicated. The White House is not going to act in secret under the cloak of ano- Bybee to the United States Court of confirm him without paying a price.’’ nymity. From 1995 through 2001, when Appeals for the Ninth Circuit in place If that price seems too high, the White Republicans previously controlled the for later today, it also includes a cir- House may want to reexamine the price of the alternative, an increasingly bitter fili- Senate majority, Republican efforts to cuit judge. Those observing these mat- buster fight. While protecting the privacy of defeat President Clinton’s judicial ters might contrast this progress with internal memos at the Justice Department, nominees most often took place the start of the last Congress in which the White House may be sacrificing the 50- through inaction and anonymous holds the Republican majority in the Senate vote majority as the historic benchmark of for which no Republican Senator could was delaying consideration of Presi- constitutional fitness for the federal bench. be held accountable. Republicans held dent Clinton’s judicial nominees. In Some Senate Republicans believe a new 60- up almost 80 judicial nominees who 1999, the first hearing on a judicial vote standard for judicial appointments were not acted upon during the Con- nominee was not until mid-June. The could severely hamper this president and all future presidents. And some Senate Repub- gress in which President Clinton first Senate did not reach 11 confirmations licans wonder why it’s more important to nominated them and eventually de- until the end of July of that year. Ac- protect executive privilege than a presi- feated more than 50 judicial nominees cordingly, the facts show that Demo- dent’s power to have judicial nominees con- without a recorded Senate vote of any cratic Senators are being extraor- firmed by simple majority vote. kind, just by refusing to proceed with dinarily cooperative with a Senate ma- The White House wants the fight to drag hearings and Committee votes. jority and a White House that refuses out and political pressure to build on cen- Beyond judicial nominees, Repub- to cooperate with us. We have made trist Democrats. The White House likes the licans also filibustered the nomination progress in spite of that lack of comity Hispanic dimension of the Estrada fight and is counting on the weight of editorial and of Executive Branch nominees. They and cooperation. public opinion to turn the tide. successfully filibustered the nomina- Indeed, by close of business today, we But numerous Republican senators say the tion of Dr. Henry Foster to become will have reduced vacancies on the fed- Estrada fight, for all its constitutional im- Surgeon General of the United States eral courts to under 55, which includes

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3674 CONGRESSIONAL RECORD — SENATE March 13, 2003 the 20 judgeships the Democratic-led tion. I urge the White House, as I have debut with Mr. Estrada, I expect that Senate authorized in the 21st Century for more than two years, to work with we will see it repeated with other Department of Justice Appropriations us and, quoting from a recent column nominees. Authorization Act last year. That is an by Thomas Mann of The Brookings In- Each of these weapons of obstruction extremely low vacancy number based stitute, to submit ‘‘a more balanced were at their most potent when Demo- on recent history and well below the 67 ticket of judicial nominees and crats controlled the Judiciary Com- vacancies that Senator HATCH termed engag[e] in genuine negotiations and mittee. Now things have changed, and ‘‘full employment’’ on the federal compromise with both parties in Con- Democrats can no longer keep nomi- bench during the Clinton Administra- gress.’’ nees like Miguel Estrada bottled up in tion. The President promised to be a committee while they made demands Our D.C. Circuit has special jurisdic- uniter not a divider, but he has contin- for answers to questions that are unan- tion over cases involving the rights of ued to send us judicial nominees that swerable, and for confidential docu- working Americans as well as the laws divide our nation and, in this case, he ments that are not subject to produc- and regulations intended to protect our has even managed to divide Hispanics tion. Democrats no longer control the environment, safe work places and across the country, unlike any of the committee, and as a result Miguel other important federal regulatory re- prior nominees of both Democratic and Estrada nomination has made it to the sponsibilities. This is a court where Republican presidents. The nomination Senate floor. This means that the ob- privacy rights will either be retained and confirmation process begins with structionists among the Senate Demo- or lost, and where thousands of individ- the President, and I urge him to work crats have turned to their ultimate uals will have their final appeal in with us to find a way forward to unite weapon—the filibuster. matters that affect their financial fu- the nation on these issues, instead of Filibusters of judicial nominees ture, their health, their lives and their to divide the Nation. allow a vocal minority to prevent the liberty, as well as the lives of their The presiding officer. The Senator majority of Senators from voting on children and generations to come. from Utah. the confirmation of a Federal judge—a If a nominee’s record or responses Mr. HATCH. Mr. President, this is prospective member of our third, co- raise doubts or concerns, these are the fifth week of debate on Mr. equal branch of Government. It is tyr- matters for thorough scrutiny by the Estrada’s nomination. My Democratic anny of the minority, and it is unfair Senate, which is entrusted to review colleagues have had unlimited opportu- to the nominee, to the judiciary, and to all of the information and materials nities to make their case. Some of the majority of the Members of this relevant to a nominee’s fairness and them oppose him; others support him. body who stand prepared to fulfill their experience. No one should be rewarded But one thing has remained clear constitutional responsibility by voting for stonewalling the Senate and the through this debate: There is no good on Mr. Estrada’s nomination. American people. Our freedoms are the reason to continue this route of ob- I have taken to the floor time and fruit of too much sacrifice to fail to as- struction by denying Mr. Estrada an up time again, for Democratic and Repub- sure ourselves that the judges we con- or down vote. lican nominees alike, to urge my fellow firm will be fair judges to all people If my count is accurate, we have Senators to end debate by voting to in- and in all matters. sought more than 17 times to come to voke cloture, which requires the vote It is unfortunate that the White an agreement with the Democratic of 60 Senators. Most, if not all, of these House and some Republicans have in- leadership for a time to vote on Mr. occasions did not represent true fili- sisted on this confrontation rather Estrada’s nomination. Each time, they busters, but were situations in which than working with us to provide the rejected our efforts. nominees were nevertheless forced to needed information so that we could Yet, the Democratic leadership has overcome the procedural obstacle of a proceed to an up-or-down vote. Some complained that the Senate should cloture vote. And no lower court nomi- on the Republican side seem to prefer move on to consider other important nee has ever been defeated through use political game playing, seeking to pack matters. All the while, they have con- of a filibuster—all previous lower court our courts with ideologues and leveling tinued to fight voting on Mr. Estrada’s nominees who endured a cloture vote baseless charges of bigotry, rather than nomination—the very thing that would were ultimately confirmed. to work with us to resolve the impasse allow the Senate to focus its energies I am not alone in my disdain for forc- over this nomination by providing in- on other matters. ing judicial nominees through a cloture formation and proceeding to a fair This filibuster of Mr. Estrada’s nomi- vote. I think that it is appropriate at vote. I was disappointed that Senator nation is just another step in a cal- this point to note that many of my BENNETT’s straightforward colloquy culated effort to stall action on Presi- Democratic colleagues argued strenu- with Senator REID and me on February dent Bush’s judicial nominees. A few ously on the floor of the Senate for an 14, which pointed to a solution, was weeks ago, I spoke at length on the up-or-down vote for President Clinton’s never allowed by hard-liners on the Senate floor about the Senate Demo- judicial nominees. other side to yield results. I am dis- crats’ weapons of mass obstruction. I The distinguished minority leader appointed that all my efforts and those mentioned that when the Democrats himself once said: of Senator DASCHLE and Senator REID controlled the Senate, we saw them bottle up nominees in committee de- As Chief Justice Rehnquist has recognized: have been rejected by the White House. ‘‘The Senate is surely under no obligation to The letter that Senator DASCHLE sent spite more than 100 vacancies in the confirm any particular nominee, but after to the President on February 11 point- federal judiciary. They have continued the necessary time for inquiry it should vote ed the way to resolving this matter to try to inject ideology into the con- him up or vote him down.’’ An up or down reasonably and fairly. Republicans firmation process by demanding that vote, that is all we ask . . . . would apparently rather engage in poli- nominees like Miguel Estrada answer The ranking member of the Judiciary tics. questions that other nominees rightly Committee echoed these sentiments The Republican majority is wedded declined to answer, but were neverthe- when he said: to partisan talking points that are less confirmed. They have sought pro- . . . I, too, do not want to see the Senate light on facts but heavy on rhetoric. duction of all unpublished opinions of go down a path where a minority of the Sen- There has often been an absence of fair nominees who are sitting Federal ate is determining a judge’s fate on votes of and substantive debate and a preva- judges—a demand that has resulted in 41. lence of name calling by the other side. the production of hundreds of opinions Another one of my Democratic col- I urge the White House and Senate and required the expenditure of a sig- leagues, Senator KENNEDY, himself a Republicans to end the political war- nificant amount of resources, money, former chairman of the Judiciary Com- fare and join with us in good faith to effort, the time. Most recently, they mittee, had this to say: make sure the information that is have demanded that a nominee, Mr. Nominees deserve a vote. If our Republican needed to review this nomination is Estrada, produce confidential internal colleagues do not like them, vote against provided so that the Senate may con- memoranda that are not within his them. But do not just sit on them—that is clude its consideration of this nomina- control. Although this tactic made its obstruction of justice.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3675 The distinguished Senator from Cali- campaign of unfairness. Vote for him both of her home-state Senators last Con- fornia, Mrs. FEINSTEIN, who also serves or vote against him, but just vote. gress, and again enjoys such support. I am on the Judiciary Committee, likewise This first filibuster in the history of writing today so that you have all informa- the Senate on a substantive judgeship tion related to this important information. said in 1999: In September, I expressed my concern that A nominee is entitled to a vote. Vote them for a circuit court of appeals nominee a continued pattern of misinformation about up; vote them down. is unprecedented, something that a nominee, like the one generated about Jus- She continued: should never happen, that we prevented tice Owen, could undermine the integrity It is our job to confirm these judges. If we from happening when I was chairman both of the judiciary and of the branch of do not like them, we can vote against them. of the committee during the Clinton government in which we are privileged to That is the honest thing to do. If there are administration. My friends on the serve. A day later, the Judiciary Committee things in their background, in their abilities other side are using a fiction that they refused to allow Justice Owen a vote by the that do not pass muster, vote no. know the administration cannot fulfill, whole Senate on a party-line vote of 10 to 9. Notably, one week later The Washington My other colleague from California, and that is demanding a fishing expedi- Post joined scores of other newspapers across Senator BOXER, said in 1997: tion into all of the papers in the Solic- the country in expressing support for Justice It is not the role of the Senate to obstruct itor General’s Office pertaining to Mr. Owen and severely criticized the Commit- the process and prevent numbers of highly Estrada’s recommendations on appeals, tee’s conduct. I have enclosed its editorial. qualified nominees from even being given the certiorari, and amicus curiae. They The Post described the Committee’s vote as opportunity for a vote on the Senate floor. know the administration cannot do ‘‘a message to the public that the confirma- My colleague from Delaware, Senator that. They knew that when they wrote tion process is not a principled exercise but an expression of political power.’’ The Post BIDEN, also said in 1997: the letter making that unreasonable demand. This is what we call fiction, a also noted that although they disagreed with I . . . respectfully suggest that everyone some of her opinions, ‘‘none seems beyond who is nominated is entitled to have a shot, red herring, so they can justify the fili- the range of reasonable argument.’’ to have a hearing and to have a shot to be buster they are undergoing and act Despite the independent support of dozens heard on the floor and have a vote on the very pious, that they are really trying of newspapers, prominent Democrats, and floor. to learn more about this man, in spite fourteen past Texas bar presidents, critics I could go on, but I think I have of the fact that they conducted the have portrayed Justice Owen as being ‘‘far made my point. I had hoped that I hearings. from the mainstream.’’ Yet Texas voters could count on each of my Democratic The hearings went all day. The tran- have twice elected her overwhelmingly to script is almost 300 pages. They have statewide office. The American Bar Associa- colleagues who made statements sup- tion has unanimously rated her well quali- porting an up-or-down vote for Presi- all of his Supreme Court briefs. They fied, its highest rating. In fact, Justice Owen dent Clinton’s judicial nominees to have all of his Supreme Court argu- was the first judicial nominee with the join me in voting for cloture on Miguel ments. They know more about Mr. ABA’s highest rating to be voted down by Estrada. I had hoped that their re- Estrada than they know about any cir- the Judiciary Committee. marks in the past were not merely cuit court of appeals judgeship nomi- In my opinion, Justice Owen is perhaps the about partisanship, but about the fair- nee we have had over the last 27 years best sitting judge I have ever seen nomi- nated. She is brilliant as well as compas- ness that should be extended to all ju- that I have been in the Senate, as far as I know. There might be one or two sionate. Justice Owen’s record of applying dicial nominees, regardless of which the law as written is among the very best of President nominated them. they might know as much about as any judicial nominee ever presented to the Last week, I was wrong. But today, they do Mr. Estrada, but this is a fic- Senate. This is particularly true in her now there is a second chance—another tion. It is a red herring. We have a let- famous decisions concerning the Texas law chance to set aside partisanship for ter from seven former Solicitors Gen- requiring parental notification when minor fairness. eral, all living former Solicitors Gen- children obtain abortions. In these cases, no For this cloture vote to succeed, a eral, from Archibald Cox to Seth Wax- one’s right to choose was implicated. The supermajority of 60 Senators must vote man, four of the seven Democrat So- only right at stake was the right articulated licitors General, three of who worked by the Texas legislature of parents to have to end the filibuster of Mr. Estrada’s knowledge of, and an opportunity for in- nomination. I regret that it has come with Miguel Estrada in the Solicitor volvement in, one of the most important de- to this, because forcing a super- General’s Office, because he worked, I cisions of their children’s lives. In those majority vote on any judicial nominee might add, 4 years for the Clinton ad- cases, Justice Owen did exactly what any re- is a maneuver that needlessly injects ministration and 1 year for the Bush strained judge should do: She applied Texas even more politics into the already administration. Those former Solici- statutory law as directed by Supreme over-politicized confirmation process. I tors General say these types of docu- Court’s precedent, including Roe v. Wade. believe that there are certain areas ments should never be given, because it Ironically, it is Justice Owen’s opponents— would chill the ability of the Solicitor the same ones who accuse her of being an that should be designated as off-limits ‘‘activist’’—who would have her ignore the from political activity. The Senate’s General to get honest and decent opin- legislature and the Supreme Court in order role in confirming lifetime-appointed ions on very important matters for the to reach a political result. article III judges—and the underlying people’s business, and the people’s busi- Justice Owen is also accused of deciding principle that the Senate perform that ness does not make any delineation be- cases against consumers, workers, and the role through the majority vote of its tween Democrats and Republicans. The injured and sick. This charge is not only fac- members—are such issues. Nothing less Solicitor General represents all of the tually without basis, but also belies the ac- cusation of ‘‘activism.’’ Only those obsessed depends on the recognition of these people. I will now say a few words about with outcomes, rather than the law gov- principles than the continued, erning the facts of a particular case, would untarnished respect in which we hold Priscilla Owen before I go back to the be compelled by a mere counting up of wins our third branch of Government—the hearing. and losses among categories of parties before one branch of Government intended to I rise for the purpose of reading a a judge. be above political influence. Dear Colleague letter that I have writ- Working as a judge is like being an umpire; So I now say once again to my Demo- ten and distributed today concerning Justice Owen cannot be characterized as pro- cratic friends: Vote for Miguel Estrada the nomination of Justice Priscilla this or pro-that any more than an umpire can be analyzed as pro-strike or pro-ball. I or vote against him. Do as their con- Owen of Texas to be a judge on the US Court of Appeals for the Fifth Circuit. hope you will agree that a judge’s job is to science dictates you must. But do not apply the law to the case at hand, not to prolong the obstruction of the Senate I have distributed this to every Sen- mechanistically ensure that court victories by denying a vote on his nomination. ator in the Senate. go 50/50 for plaintiffs and defendants, con- Do not cast their vote against cloture DEAR COLLEAGUE: On September 4 of last sumers and corporations. today. Do not continue to treat the year I took the unusual step of writing to Justice Owen was also notably assailed by third branch of our Federal Govern- the entire Senate to express my outrage at her critics using incorrectly the words of one the untruthful and misleading attacks made of her biggest supporters, Alberto Gonzales, ment—the one branch intended to be against Justice Priscilla Owen of Texas, who President Bush’s White House Counsel. insulated from political pressures— was nominated by President Bush to serve Judge Gonzales served with Justice Owen on with such disregard that we filibuster on the Fifth Circuit Court of Appeals. As you the Texas Supreme Court and has written its nominees. Do not perpetuate this know, Justice Owen enjoyed the support of publicly that she is ‘‘extraordinarily well

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3676 CONGRESSIONAL RECORD — SENATE March 13, 2003 qualified to serve as a judge on the federal the Judiciary Committee. That is a lem. It looked like we were not going appeals court.’’ Rather than focus on his tough job. It always has been. It seems to be able to move them, but Senator ringing endorsement, however, detractors in- to be getting tougher with every pass- DASCHLE and I kept talking about them stead sensationalized a disagreement that ing Congress. I know from personal ex- and kept working on it, and we began Judge Gonzales had not with Justice Owen, but with other dissenting judges in a case in- perience during my tenure as the Re- to move them in blocks. We finished volving the Texas parental notification law. publican Leader, both in the majority the process and we had moved, I think, Justice Owen is an excellent judge. Her and the minority, of the diligent work almost all of them, if not all of them. opinions, whether majority, concurrences, or and good work that has been done by That was an example of how there can dissents, could be used as a law school text Senator HATCH to move judicial nomi- be cooperation in this very important book illustrating exactly how an appellate nations through the process. area of confirmation of judges. judge should think, write, and do the people Quite often, it was very difficult in Mr. HATCH. Will the Senator yield? justice by effecting their will through the the committee and on the floor. There Mr. LOTT. I am happy to yield. laws adopted by their elected legislatures. Mr. HATCH. I ask the Senator on our She clearly approaches these tasks with both have been accusations that, perhaps, he side, when he concludes, Senator KEN- scholarship and mainstream American com- had unfairly delayed judges in the past. NEDY has 2 minutes. We yielded our mon sense. But I can tell you this: My knowledge As a new Congress takes a fresh look at was, and memory is, that he worked time. Mr. LOTT. I will be happy to yield to this nomination, I hope you will join me in very hard to move a lot of judges, sev- the Senator from Massachusetts when I informing the American people of the truth eral of whom were highly controversial about Justice Owen and in warning them of have finished my remarks. but were eventually confirmed anyway. the grave danger posed by an uninformed Mr. LOTT. Let me talk briefly about Yes, at the end of the last term some politicization of the federal judiciary. I hope the situation we find ourselves in, spe- judicial nominees of the Clinton ad- you will urge our colleagues to do the right cifically, the nomination of Miguel ministration were not completed, but if thing when Justice Owen is again voted on Estrada to be a DC Circuit Court of Ap- by the Committee and goes to the Senate you compare the number that were left peals Judge. floor for confirmation.—Signed, ORRIN G. over to similar situations in the past, I made a brief speech about a month HATCH. it was a smaller number. When you ago saying I thought this was a highly We are holding a hearing today on look at the number of judges that have qualified candidate, one who had lived Justice Owen’s nomination. I invite all been confirmed under the stewardship the American dream, having been born of my colleagues to attend. In fact, I and leadership of Senator HATCH, it has in Honduras, coming here when he was encourage them to do so. I want every- to be a record in terms of overall num- 17, and highlighting the phenomenal one to get to know Justice Owen and bers compared with previous chairmen life he has lived. I thought it was a have the opportunity to hear from her and previous administrations. matter we would do pro forma. I as- firsthand. This is a very unusual invi- I will talk more about specifics, but sumed we would have some debate and tation, I know. But these are unusual while Senator HATCH is here I wanted some disagreement, but since he is a times in the Senate for judicial nomi- to recognize the untiring and patient great nominee, I thought he would be nations, and Justice Owen is a particu- and effective efforts of the Senator confirmed a month ago or more. But larly important and impressive nomi- from Utah on this very worthwhile ef- here we are still. nee. I urge my colleagues to come to fort. I will not go back and recount all of the hearing taking place in Dirksen 106 Mr. HATCH. Will the Senator yield? his qualifications. All the Senators and see for themselves what an ex- Mr. LOTT. I am happy to yield. know, and most of America knows now, traordinary person and jurist she is. Mr. HATCH. I thank my dear col- Miguel Estrada is certainly qualified to We are having difficulty with the league for those kind remarks. As he be a circuit court of appeals judge. He President’s judicial nominees. Every knows, there have been some on our is qualified by education. He went to one of these circuit nominees is being side that did not want hardly any of some of the best schools in America contested, some more than others, but the Clinton judges, especially the more where he was Phi Beta Kappa, a Magna all of them are quite rabidly being con- liberal ones, some of whom have gone Cum Laude graduate, editor of the Har- tested. Miguel Estrada is a perfect il- to circuit court of appeals. vard Law Review at that citadel of lustration of someone who is totally Mr. LOTT. If the Senator will allow great conservative legal thinking. Now, competent, totally equipped to do the me to interject, I remember the Sen- he is accused of being conservative; a job, honest, decent, has earned his ator from Utah received some criticism committed conservative, despite his stripes, has the highest rating from the from this side of the aisle, and so did I, broad background. He was editor of the American Bar Association, the gold as we tried to move some of these Harvard Law Review, if you will. So by standard, according to our colleagues judges through the process. We may education he is qualified. on the other side. Yet he is being fili- have voted against them, which I did in There are some points and comments bustered here now in the fifth or sixth at least a couple of instances, but I from the Federalist Papers, a couple of week. thought they deserved a vote. And we considerations, that you should look We have a cloture vote today. I hope made sure that those votes took place. into when you consider a judge. One is my colleagues will consider this. I hope Mr. HATCH. We did that. whether or not they are fit in the area we can get some of the more clear I thank my colleague because as the of character. This is a man that has thinking colleagues on the other side leader he helped me to do the job for lived an exemplary life. There is no al- to start voting for Mr. Estrada, to start the Clinton administration. The Presi- legation of impropriety, no allegation voting for cloture, so we can end this dent deserved the best we could do. Do of ethical misconduct. None whatso- outrageous debate and put a qualified we get everything done? No one has ever. So by education, by character, by person on the court. Let’s not hide be- ever gotten everything done at the end ethics, and by experience he is an in- hind a fishing expedition to get docu- of anyone’s administration. credible nominee. ments they know no self-respecting ad- He is right. Our record was much su- Some say he has not been a lower ministration is going to give to them, perior to when the Democrats con- court judge. That is not always the cri- and using that as a basic shield to say trolled the committee. teria. We have a lot of people who have they are not doing something unjust to I thank my colleague. gone to the circuit court of appeals, Miguel Estrada. They are being very Mr. LOTT. I again thank Senator even the Supreme Court, without hav- unjust, very unfair. It is not right. We HATCH for the effort. I remember even ing earlier been a judge in another ought to stop it. last year at one point I think we had court. But he has been involved by The PRESIDING OFFICER. The Sen- approximately 70 judges on the cal- working with the Federal judiciary, ator from Mississippi. endar, a large number, and there was and by serving as an Assistant to the Mr. LOTT. Let me take this oppor- disagreement about how to proceed. Solicitor General. He has argued 15 tunity, first, to express my apprecia- There was an indication we would have cases before the Supreme Court. I have tion and the appreciation of the Senate to have a recorded vote on every one of only been able to witness one case for the outstanding work that is being them, even though many of them could where I sat in the audience and lis- done by Senator HATCH as chairman of be moved on a voice vote with no prob- tened to the snail darter case before

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3677 the Supreme Court. Listening to the set that precedent. Let me tell you Next it is going to be Priscilla Owen. arguments in that one case was enough why. If all these internal memos are They are going to filibuster Priscilla for me. I left and never returned. But made public in this instance, I guar- Owen, a qualified woman who is a bril- surely, clearly, everyone in this body antee future young attorneys in the liant Supreme Court Justice in the knows this man is qualified to be a Solicitor’s Office, they will not be giv- State of Texas. I am sure they will ex- judge on the circuit court of appeals. ing honest advice. No, no, they will tend it to other nominees, as well— So what is the problem? What are pull their punches because they will maybe Sutton, maybe Cook, maybe they saying? know, anything I say in this written Pickering. Is this a pattern? There is the suggestion that maybe document may someday be used Who in this room, and outside this he has a certain philosophy or a cer- against me being confirmed as a Fed- room, believes that this tit-for-tat will tain ideology, and that is a disquali- eral judge or in some other way. So not continue? Do they think that once fication. If that were a disqualifica- this is not an insignificant request. we, Heaven forbid, ever have another tion, there are many judges I voted on Should we try to find a way to work Democrat President, that Republicans during the Clinton years and at other it out? I think so. But then I have been are not going to return the favor? We points during my service in this cham- accused in the past of trying to get are going to filibuster them. ber whom I would have voted against. I things done. We have to stop this. I think we, the voted for Justice Ruth Bader Ginsburg If everybody wants to make a state- leaders, the Republicans, the Demo- even though I didn’t agree with her ment around here to make their con- crats, past and present, have to assume philosophy and knew I probably stituency happy, great. This is the way responsibility for how this has contin- wouldn’t agree with a lot of her deci- to do it. The People for the American ued to escalate. sions, but she was qualified. She was Way and other liberal organizations—if Did we do some things during the the President’s choice. Estrada is blocked—they will be happy. Clinton years with judges that we I think the burden is on the Senate These political reasons are why many should not have done? Yes. But did we to show why we should not confirm a Senators on the other side of the aisle take up the cause and try to do the nominee if they are qualified, have the are opposing Mr. Estrada, but I want to right thing on many occasions? Yes. proper experience, and don’t have eth- point out that there are some notable That is why I am here today, because I do believe I have been a part of the so- ical problems. She met those criteria. I exceptions, and I hope there will be lution and part of the problem in the voted for her. more. What is the problem here? Some Sen- But on our side, we are able to say: past. I acknowledge it. But when I was ators want more questions asked? Al- This is an Hispanic nominee, and our the Majority Leader, I called up nomi- right, that is a legitimate point. It is core constituency groups are going to nations that were controversial. I remember on one occasion we did part of the advice and consent role of be happy. Republicans are happy, with have a threatened filibuster and a clo- the Senate. Let’s hear what the nomi- us duking it out for this nominee to be ture vote which was defeated. I made a nees have to say. on the Circuit Court of Appeals. Many speech standing right there saying: My He had a long hearing before the Ju- will say that they are taking a stand, colleagues, we don’t want to do this. diciary Committee. Every question in which is great. This was a judge nominated by Presi- the world that could be thought of was How great is it when he is not con- dent Clinton, but really it was a judge asked of this nominee. He was asked firmed? That is the goal here. I am not whom ORRIN HATCH recommended. His hypothetical cases to which I person- interested in blaming somebody or ap- name was Brian Theodore Stewart. Un- ally would not respond. I thought that peasing someone on our side. This man fortunately, though, cloture was de- on a lot of things he was asked, he was is qualified. We have vacancies on this feated. So we started talking about very careful in how he responded. You court that should be filled. It is irre- that, and cooler heads prevailed. Short- don’t want to prejudice your decision. sponsible for us not to find a way to ly thereafter, we confirmed this judge. You don’t want to pass judgment on a work this out and get this nominee on That was the only time we came close, Supreme Court decision on which your the court. during the past 7 years, to having a fil- future decisions as a judge may be So I say a pox on everybody’s house ibuster on a judge. We got right up to based. The number one factor for the if we are just trying to find a way to it, but we didn’t do it, because we knew Senate to keep in mind on this point, score political points with this man’s we couldn’t do it and that it was however, is that he has offered to meet life on hold while we do this thing that wrong. So, fortunately we backed away with any Senator personally who wants we are doing here. I really do think we from it. to meet with him. are setting a dangerous precedent here, In terms of what was done in the Secondly, Senators on both sides one we did not set in the past. We have past, again, I resisted filibusters. I have been told if you want to ask more not filibustered Federal judicial nomi- didn’t want to have filibusters, even questions, then submit the questions, nees. It is clearly not in the Constitu- though I voted against Judges Paez and and he will answer the questions. tion. I think advice and consent means Berzon on their up-or-down confirma- Finally, even a day or so ago, Sen- 51 votes, not two-thirds; not 60—51. tion votes. But Senator HATCH and I ator FRIST—against some advice that You might say the Constitution took a lot of grief. We said, no, they perhaps this pattern should not be doesn’t make that clear. In the Con- have come out of committee, they de- started—said Mr. Estrada would be stitution, article II, section 2, when the serve an up-or-down vote. They got the willing to go back to the Judiciary Framers of the Constitution were writ- vote, and they were confirmed. They Committee so that interested Senators ing this out, when they intended super- each got an up-or-down vote, not a fili- could ask him some more questions, majority votes, they said so. It clearly buster. Some people thought they with an understanding he would get a says in article II, section 2: To make should have been filibustered. I didn’t vote. Unfortunately, that offer was treaties provided two-thirds of the Sen- think they should have been, and they turned down, too. They say they want ators present concur. They specify two- weren’t. to ask him more questions, but when thirds. When they said advice and con- My colleagues, I ask us here today: they are given a chance to meet with sent, I believe they intended and ex- Where do we go from here? What is the nominee or a chance to ask more pected, unless there were serious prob- next? questions, they don’t ask them. When lems, that these nominees to the Fed- The argument can be made that you we say he is willing to go back for an- eral judiciary would be confirmed with filibuster a lot of different ways. You other hearing under these cir- a vote, an up-or-down vote of 51. don’t let them out of committee; I cumstances—no, they don’t want that I think what we are doing here is know about that approach. The last either. What do they say they want? questionable constitutionally. We have Congress, I know two judges who were They want internal memos from the never done this on a district or circuit defeated on a straight party-line vote time that he was working as an Assist- court nominee before. Now we are in the Judiciary Committee. They were ant to the Solicitor General. about to do it. not allowed to come to the floor to I believe that maybe something can Let me tell you what is scary. It may have a vote, and I believe the Constitu- be worked out on that. But you cannot not be just about nominee Estrada. tion requires they should come here

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3678 CONGRESSIONAL RECORD — SENATE March 13, 2003 and have a vote, not be killed by 11 ate. We are not potted plants deco- articles. He is a person—while some Senators in the Judiciary Committee, rating one end of Pennsylvania Ave- may disagree with the conclusions that or 10, or whatever the number may be. nue. We play a very special role under he reached in his large articles—who So, I accept part of the blame. I ac- the Constitution. The Founders gave us has the intellectual capacity to explain knowledge that Republicans have not numerous powers to balance and mod- his reasoning. He has excellent legal always handled judges in the right erate the powers of the President. They qualifications, not only from an edu- way. But I ask the question again, gave us longer terms than the Presi- cational perspective but from an expe- what next? We are going to kill them dent, and staggered our terms, so we rience perspective. in committee? We are going to kill would be less subject to the passions of He served as legal adviser during the them by filibuster? This is wrong, my the time. Clearly, we have the power first Bush administration. He has colleagues. We should not do this. and the responsibility to oppose the helped to teach a generation of new We are starting down a trail that is President when he refuses to provide us lawyers as a former professor at the unfair, and it is going to come back to with the only documentation that can University of Nevada, Las Vegas Boyd haunt this institution, haunt both par- tell us what kind of person he has nom- School of Law, and he has taught at ties, and damage the lives of innocent inated for a lifetime appointment on other places. He is someone who will men and women. the Nation’s second highest court. bring distinction to the Ninth Circuit. He was favorably reported by the I urge my colleagues, find a way to The PRESIDING OFFICER. Under Senate Judiciary Committee on Feb- move this judicial nominee, Miguel the previous order, the Senate will now ruary 28. The swift pace of this nomi- Estrada. He deserves better. He should proceed to the consideration of Execu- nation demonstrates how the process be confirmed. tive Calendar No. 36, which the clerk can work when both sides of the aisle Some people say: Wait, if we don’t will report. work together, when the President stop him now, he may be on the Su- f preme Court. Well let’s test him. Let’s works with Senators of the other confirm him. Let’s see how he does. We NOMINATION OF JAY S. BYBEE, OF party, and when the advise and consent might be surprised. We might even be NEVADA, TO BE UNITED STATES clause of our Constitution is respected. Senator JOHN ENSIGN and I work disappointed. I have been surprised at CIRCUIT JUDGE FOR THE NINTH closely on all issues that affect Nevada, times. I voted for a couple of Supreme CIRCUIT and on judges it is certainly no dif- Court Justices and wished I could take The assistant legislative clerk read ferent. JOHN ENSIGN is a class act. The the vote back because when they got the nomination of Jay S. Bybee, of Ne- way he handles being in the majority is vada, to be United States Circuit Judge there, they were not what I thought classic. We know the difference, both for the Ninth Circuit. they were going to be. Men and women having served in the majority. It would The PRESIDING OFFICER. Under can do surprising things when they be- be certainly easy for him just to sub- the previous order, there will now be 6 come Federal judges for life. mit a name and not run it past me. hours of debate equally divided in the So I just felt a need to come down But, of course, he didn’t. When he came usual form on the nomination. and recall some of the things that have up with the name Bybee, I said of The Senator from Nevada. happened, admit some of the mistakes, course. try to sober this institution up. This is Mr. REID. Mr. President, Senator I have a lot of reasons for supporting a great institution that does pay atten- LEAHY, the manager of this side, re- people named Bybee. One reason is—I tion to precedents. It does, sometimes, quested that I speak now. don’t know the lineage—because there start in the wrong direction, but most Mr. President, I am pleased that we are a lot of Bybees in Utah and Nevada. of the time we pull ourselves back from will be moving forward on the nomina- But when I was in college I fought for the brink; we find a way to get it done. tion of Jay Bybee for U.S. Court of Ap- a man by the name of ‘‘Spike’’ Bybee. I hope and I certainly feel down deep peals for the Ninth Circuit. This is an He was a police officer in Cedar City, we are going to find a way to not set important job which Jay Bybee will UT. But he devoted long hours of his this precedent and not defeat this have. It is the largest circuit as far as time training fighters. ‘‘Spike’’ moved qualified nominee with a filibuster. the number of judges that we have. to Las Vegas where he became a re- I yield the floor. The chairman of the Judiciary Com- spected probation officer. But my Mr. KENNEDY. Mr. President, I want mittee is here. I would be happy to fondest memories of ‘‘Spike’’ Bybee to make a brief response to the points yield to the chairman of the com- were during the time he spent with me made by our colleagues on the floor mittee. taking me in Arizona, Utah, and Ne- and in the press during the past week. Mr. President, the Ninth Circuit is vada as my manager. Anyway, just for It is not true that majority rule is the largest circuit, with a full com- no other reason than I traveled around the only rule in our country. The pur- plement of 28 or 29 judges. It is a cir- the country with someone who helped pose of the great checks and balances cuit that certainly is important to my me through some difficult times—a under the Constitution is to protect State, the State of Nevada, and the en- fine man. He died at a young age from the country from the tyranny of the tire western part of the United States. a very bad disease. I have the name majority. As far as shutting off debate It is a controversial circuit. There have Bybee in my mind from some of the in the Senate is concerned, majority been efforts made in the past to change times in my youth. rule has not been the rule since 1806. the makeup of the court and have I indicated Senator ENSIGN and I con- Even in our presidential elections, ma- States divided so we could create an- sulted on Mr. Bybee’s nomination when jority rule is not the rule, or we would other circuit. No one can take away Senator LEAHY chaired the Judiciary have a different President today. from the importance of this circuit. Committee for a short time. Mr. Bybee There is nothing even arguably un- The State of California alone, with was reported out of the Judiciary Com- constitutional about the Senate Rule some 35 million people, is under the ju- mittee in compliance with the commit- providing for unlimited debate unless risdiction of the Ninth Circuit Court of tee’s rules when Senator HATCH was and until 60 Senators vote to cut off de- Appeals. chairman. bate. The same Constitution which The last time I had a conversation The consultation and respect for the gave the Senate the power of advice with a member of the Bybee family was rules is why we are here today, moving and consent gave the Senate the power on an airplane. Mrs. Bybee was on the forward to fill the Ninth Circuit seat to adopt its own rules for the exercise plane. She is a lovely woman. Certainly held by Proctor Hug, Jr. since 1977. of all of its powers, including the rules Jay Bybee is a proud husband and fa- I must say a few things about Proc- for exercising our advice and consent ther, as well he should be. I commented tor Hug. He is a fine man and a great power. to Mrs. Bybee, Why does he have to athlete. He went to Sparks High The Constitution does not say that write so much? He has written Law Re- School. He was an all-star athlete in judges shall be appointed by the Presi- view articles. He has written lots of ar- football, track, and basketball. He ran dent as he wishes. It says that they ticles on very controversial subjects. track in college, was State debate shall be appointed by the President But the good thing about Jay Bybee is champion. He was student body presi- with the advice and consent of the Sen- that he can explain why he wrote those dent at Sparks High School. He met his

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3679 future wife, Barbara Van Meter, at there has been a perusal of all those confirmed unanimously by the Senate Sparks High School. He became stu- documents, and maybe they can’t be on October 23, 2001. dent body president at the University given to us. Maybe they can’t be given As head of the Office of Legal Coun- of Nevada. to us because he has said things there. sel, Jay assists the Attorney General in He served his country honorably in Maybe, as Paul Bender said, he is such his role as legal advisor to the Presi- the Navy and then went to one of the an ideologue, and maybe he has written dent and all the executive branch agen- most prestigious law schools in the en- about all those things Paul Bender said cies. The Office is also responsible for tire country, Stanford Law. when he was in the Solicitor General’s providing legal advice to the executive He was appointed by President Carter Office. I don’t know. But I would sug- branch on all constitutional questions and became Chief Judge of the Ninth gest that would be the best way to get and reviewing pending legislation for Circuit in 1996. He was a good ‘‘Chief,’’ over this hump. constitutionality. as the other judges called him. He The fact is, though, today we should Though a native of the chairman’s came back here a lot of times lobbying not be dwelling on what we have not home State of Utah, Nevada is proud to as a judge for issues important to the been able to do, but we should be talk- claim Jay as one of its own. Before his Ninth Circuit and the Federal judici- ing about what we have done. confirmation in the Senate in 2001, Mr. ary. Today, we are going to confirm a cir- Bybee joined the founding faculty and Judge Proctor Hug set a fine example cuit court judge. We are going to make served as a Professor of Law at the Wil- of what it means not only to be a judge a man—Uay Bybee—so happy; he was, liam Boyd School of Law at the Uni- but to serve your community and your on more than one occasion during his versity of Nevada, Las Vegas. Mr. country. short tenure at the University of Ne- Bybee’s scholarly interests have fo- To show what great judgment Proc- vada, Las Vegas—a new law school just cused in the areas of constitutional and tor Hug has, two of my sons were his accredited—selected as the No. 1 pro- administrative law. His dedication to law clerks, and one was his administra- fessor, the best professor, at that law ensuring that young law students learn tive assistant when he was chief judge. school. He was not selected by the the highest standards of legal practice resulted in his being named the Pro- He signed up with Judge Hug for 2 other professors. He was selected by fessor of the Year in 2000. years. He was a fine administrative as- the students. Mr. Bybee is known throughout the sistant. Jay Bybee has a great personality. legal community as one of the fore- I expect Jay Bybee will follow in the He has an in-depth knowledge of the most constitutional law scholars in the evenhanded and impartial path set by law. He comes with a background from United States. He is regarded as ex- his predecessor, Judge Proctor Hug. a wonderful family. I am so glad we are The point is that where there is con- tremely fair minded and adheres to the able today to confirm this man for a highest ethical and professional stand- sultation, the nominating process lifetime appointment to the Federal ju- works well. When consultation was the ards. He is admired throughout the diciary. legal profession as both a leader and a rule, where blue slips were issued and We keep talking about the DC Court gentleman. Most importantly, Jay un- made public, the body swiftly con- of Appeals being right under the Su- derstands the rule of law, and will con- firmed 100 judges, as my friends know. preme Court. So is the Ninth Circuit. It Talking about the 100 judges, when sistently and carefully consider the ar- is the highest court you can serve on guments on both sides of a legal ques- we were in control of the Senate—even except for the Supreme Court. tion with an open mind. Because of over here in the minority, 11 judges by Jay Bybee will serve with distinction Jay’s combination of his legal skills the end of today will have been ap- and honor, and not only represent the along with his commitment to fairness, proved for the circuit court, the trial State of Nevada well, and the students I have no doubts that he will serve in court, and the Court of International he taught at Louisiana and UNLV, but the best traditions of the federal judi- Trade. In the last 24 hours we will have he will also represent the whole coun- ciary. approved five judges—a circuit court try, being a credit to the bar and to the If confirmed, Mr. Bybee’s service will judge, two trial court judges yesterday, judiciary. be an invaluable asset to the Ninth Cir- and two today. We are moving along The PRESIDING OFFICER. Who cuit Court of Appeals. As you are quite well. yields time? aware, the Ninth Circuit is facing an I am not going to get into we did this Mr. HATCH. Mr. President, I yield overwhelming caseload, and the seat and they did that. The fact is whoever such time as he needs to the distin- that Mr. Bybee has been nominated is did what, we are still filling a lot of ju- guished junior Senator from Nevada. designated as a ‘‘judicial emergency’’ dicial vacancies around the country. The PRESIDING OFFICER. The Sen- by the Judiciary Conference of the I think it is important that we pro- ator from Nevada. United States. ceed to recognize we have a problem Mr. ENSIGN. Mr. President, I thank Caseloads in the entire federal court with Mr. Estrada. I know my dear the senior Senator from Nevada, my system, including in the Ninth Circuit, friend, the junior Senator from Mis- colleague, Mr. REID, for all of the work continue to grow dramatically. Filings sissippi, the majority and minority he has done in helping us shepherd the in the federal appeals court reached an leader during my time here in the Sen- nomination of Jay Bybee through this all time high again last year. The Chief ate, recognizes that if he is going to nomination process for the Ninth Cir- Justice recently warned that the get Estrada done, something different cuit Court of Appeals. Without his alarming number of vacancies, com- has to be done than what we have been help, with the way things are around bined with the rising number of case- doing. here, we know this would not be hap- loads, threatens the proper functioning I read in today’s New York Times pening today. That would be a shame of the federal courts. The American where the junior Senator from Mis- because Jay Bybee is incredibly quali- Bar Association has called the situa- sissippi said—I am paraphrasing, but fied. Everybody who has ever been as- tion an ‘‘emergency.’’ he basically says: If we—talking about sociated with him understands that. There are currently four vacancies in the Republicans—want to get Estrada Mr. President, I rise today to speak the 28-judge court of the Ninth Circuit done, then we are going to have to do to my colleagues about a man of the Court of Appeals, with one more va- something different. And, obviously, highest legal distinction, Mr. Jay cancy already announced effective in what we want done is to have supplied Bybee. Mr. Bybee’s experience and November 2003. The Judicial Con- the records when he was in the Solici- background, and his unquestioned dedi- ference has asked for two new perma- tor’s Office and reconvene the com- cation to the fair application of the nent and three temporary seats on the mittee and have the hearing. law, make him an ideal nominee for Ninth Circuit, just to cope with the Now, there are people who may vote the Ninth Circuit Court of Appeals. caseload. That brings the total to 33 for Estrada, if we could get through As many of you know, Mr. Bybee ap- judges that are needed just to handle that process—Democrats. I think there peared before this body in 2001 as a the caseload on the Ninth Circuit. would be a number of them. But until nominee to serve as Assistant Attorney Today there are only 24 judges doing we get that information, and find out if General in the Office of Legal Counsel the job of 33. This situation has to something is being hidden—maybe at the Department of Justice. He was change.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3680 CONGRESSIONAL RECORD — SENATE March 13, 2003 That is why it is extremely impor- the right character to serve on the 9th been nominated by President Bush to tant that the Senate approve the nomi- Circuit. He has all the qualifications serve on the United States Court of Ap- nation of Jay Bybee today, and that we want for someone to be on the peals for the Ninth Circuit. Professor the Senate continue to consider each Ninth Circuit—and especially the Bybee has a sterling resume and a one of the President’s judicial nomina- Ninth Circuit, the most controversial record of distinguished public service. I tions as quickly as possible. circuit we have in the United States. know him personally. I am a personal I would like to thank the chairman As you know, this is the circuit that friend. I know his quality. I know what and the entire Judiciary Committee just ruled that the Pledge of Allegiance a good thinker he is. I know what a and their staff for their hard work in is unconstitutional, and this body great teacher he has been. I know what shepherding this nominee through the voted unanimously to condemn that a great job he has done down at Jus- process. I urge my colleagues in the and say we do not agree with that in- tice. He is a person everybody ought to Senate to vote in support of Jay terpretation. support because he is a truly wonder- Bybee’s appointment to the Ninth Cir- The Ninth Circuit needs help. We ful, upright, good, hard-working, intel- cuit today. need qualified judges to give that help. ligent individual. Mr. President, I first met Jay Bybee Jay Bybee is exactly the kind of person Professor Bybee is currently on leave a few years ago. I had previously heard we need to the 9th Circuit. There are from the University of Nevada at Las some great things from people in the currently four vacancies on the Ninth Vegas William S. Boyd School of Law, community of southern Nevada about Circuit, and soon to be a fifth. The Ju- where he has served as a professor this legal scholar out at the new UNLV dicial Conference recently also re- since the law school’s founding in 1999. Boyd School of Law. I wanted to sit quested two new permanent judges and Since October 2001, he has served as As- down and meet with him, to talk to three temporary judges. They have a sistant Attorney General for the De- partment of Justice Office of Legal him, and just pick his brain about the huge crisis on the Ninth Circuit be- Counsel. Notably, this is a post for- Constitution. cause there are so many backlogged merly held by two current Supreme I am a veterinarian by profession, so cases. It has been said on this floor: Court Justices. As head of the Office of I am not a lawyer and did not attend Justice delayed is justice denied. That Legal Counsel, Professor Bybee assists law school as many of our colleagues is what is happening in the Ninth Cir- the Attorney General in his function as have. I thought, the more I could learn cuit. legal advisor to the President and all from scholars such as Jay Bybee, the So it is important to approve Jay executive branch agencies. The office educated I would be and therefore the Bybee’s nomination today, and to also is responsible for providing legal better Senator I would be. begin our work to appoint other judges advice to the executive branch on all We sat down for over an hour. I could to fill those vacancies I mentioned. It constitutional questions and reviewing have stayed there all day. He has a fas- is my hope that we can get the new pending legislation for constitu- cinating mind. He has incredible judgeships approved through this body knowledge of the Constitution, of this tionality. so the Ninth Circuit can catch up on Professor Bybee, a California native, nation’s history and of case law. their caseload. attended Brigham Young University, When I first was elected to the Sen- So enthusiastically, Mr. President, I where he earned a bachelor’s degree in ate, because President Bush had been recommend that we vote to confirm economics, magna cum laude, and a elected I knew it would come upon me this outstanding nominee, Jay Bybee. law degree, cum laude. While in law to recommend judges for the State of He is a great family man. He will make school, he was a member of the BYU Nevada. I didn’t have many ties in the a great judge. And he will be there for Law Review. legal community, so I had to look to a long time, God willing, having a posi- Following graduation, Professor Nevadans on whom I could count on for tive influence on the Ninth Circuit. Bybee served as a law clerk to Judge advice. One of the people I went to was With that, I once again thank the Donald Russell of the Fourth Circuit Jay Bybee. He helped me tremendously senior Senator from Nevada. I also Court of Appeals before joining the in the interview process. thank the chairman of the Judiciary firm of Sidley & Austin—one of the I actually felt sorry for the people Committee for his work in getting Jay great law firms. In 1984, he accepted a who were coming before us because of Bybee’s nomination to the floor. We position with the Department of Jus- the difficulty and depth of the ques- appreciate all the indulgences. I know tice, first joining the Office of Legal tions Jay Bybee would ask them. It the Chairman has to constantly answer Policy, and then working with the Ap- was because of that experience, when to each individual Senator, and we can pellate Staff of the Civil Division. In this process came forward, that I sent be kind of a pain sometimes, but we that capacity, Professor Bybee pre- his name to the White House. sure appreciate the work done in get- pared briefs and presented oral argu- When the White House began to con- ting Jay Bybee’s nomination to this ments in the U.S. Courts of Appeals. sider Jay Bybee, they realized imme- day when we can finally get him con- From 1989 to 1991, Professor Bybee diately what a talent he is. That is why firmed. served as Associate Counsel to Presi- the Attorney General’s Office took him Mr. President, I yield the floor. dent George H.W. Bush. away from the Boyd School of Law, to The PRESIDING OFFICER. The Sen- Profeesor Bybee is a leading scholar the position he is now in, in the Attor- ator from Utah. in the areas of constitutional and ad- ney General’s Office. He advises the At- Mr. HATCH. Mr. President, I thank ministrative law. Before he joined the torney General on constitutional mat- my two colleagues from Nevada. You law faculty at UNLV, he established ters. That is how much they think of very seldom see two colleagues from his scholarly credentials at the Paul M. his constitutional expertise. different parties working so well to- Hebert Law Center at Louisiana State At the Boyd School of Law, and in gether. They are both excellent people. University, where he taught from 1991 the legal community in Nevada, there We all respect Senator REID. He is to 1998. His colleagues have described is nobody more highly thought of as a one of the moderate voices around here Professor Bybee as a first-rate teacher, constitutional expert than Jay Bybee— who tries to get things to work. And I a careful and balanced scholar, and a both liberals and conservatives. They personally appreciate it. And the dis- hardworking and open-minded indi- understand his expertise and the way tinguished junior Senator from Ne- vidual with the type of broad legal ex- he looks at law. Literally, I have vada, Mr. ENSIGN—I have not seen a perience the Federal bench needs. talked to students from the far left end better Senator in years. He is certainly Professor Bybee comes highly rec- of the political spectrum to the far making a difference on our side. And I ommended. One of his supporters is Mr. right end of the political spectrum, and believe, working with his colleague on William Marshall, a professor of law at they all talk about him with glowing the other side, he is getting a lot of the University of North Carolina. Mr. remarks. It is truly amazing. I think it things done for Nevada and for the Marshall served in a number of high- tells a lot to his character and a lot to Intermountain West, and it is terrific. level posts in the Clinton administra- his intellect. So I pay tribute to both of them. tion including a stint as Deputy White I think he has the right tools intel- I am pleased we are considering the House Counsel and, notably, as a coun- lectually, the right temperament and nomination of Jay S. Bybee who has sel in the Office of Legal Policy at the

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Bybee, Mr. Marshall said: thing with it, convinces me that I (Ms. MURKOWSKI assumed the The combination of his analytic skills would rather have him be a federal chair.) along with his personal commitment to fair- judge than many or most who share Mr. HATCH. Madam President, I am ness and dispassion lead me to conclude that more closely my own politics.’’ confident that as the Senate confirms he will serve in the best traditions of the The committee has received similar Professor Bybee, Democrats and Re- Federal judiciary. He understands the rule of letters in support of Professor Bybee publicans can all share in the pride of law and he will follow it completely. from law professors and administrators a job well done. This Senate will have Stuart Green, a law professor at Lou- throughout the nation, including the properly exercised its proper constitu- isiana State University who describes Dean of The George Washington Uni- tional role of advice and consent. I himself as a ‘‘liberal Democrat and ac- versity Law School. urge my colleagues to support this tive member of the ACLU,’’ said: I ask unanimous consent that these nomination. I have always found [Jay Bybee] to be an supporting Professor Bybee’s nomina- I yield the floor. extremely fair-minded and thoughtful per- EXHIBIT 1 son. Indeed, Jay truly has what can best be tion be printed in the RECORD at the described as a ‘judicious’ temperament, and I conclusion of my remarks. UNIVERSITY OF NORTH CAROLINA would fully expect him to be a force for rea- The PRESIDING OFFICER. Without SCHOOL OF LAW, sonableness and conciliation on a court that objection, it is ordered. Chapel Hill, NC, January 27, 2003. has been known for its fractiousness. (See exhibit 1). Re: Jay Bybee. This self-described liberal Democrat Mr. HATCH. The legal bar’s wide re- Hon. ORRIN G. HATCH, states that Professor Bybee will bring gard for Professor Bybee is reflected in Chairman, Committee on the Judiciary, U.S. some balance to the Ninth Circuit. I re- his evaluation by the American Bar As- Senate, Russell Senate Office Building, sociation. Based on his professional Washington DC. mind my colleagues that in this court DEAR CHAIRMAN HATCH: I am writing this 14 of the 24 active judges, including 14 qualifications, integrity, professional on behalf of the nomination of Jay Bybee to of the last 15 confirmed, were ap- competence, and judicial temperament, the Ninth Circuit Court of Appeals. pointed by President Clinton. the ABA has bestowed upon Professor First let me introduce myself. I am cur- This court was recently in the news Bybee a rating of Well Qualified. rently the Kenan Professor of Law at the with yet another controversial deci- This Senate has previously found University of North Carolina School of Law sion. We are all familiar with the Ninth Professor Bybee worthy of confirma- and have taught law for almost 20 years. I Circuit’s recent ruling which held the tion for a position of high responsi- also worked in the Clinton Administration bility in the government, and I am con- as the Deputy Counsel to the President Pledge of Allegiance to the Flag as un- under Beth Nolan and previously as an Asso- constitutional under the Establish- fident it will do so again today. ciate Counsel to the President under Charles ment Clause because the Pledge con- Professor Bybee is providing the Na- Ruff. In addition, I served under Assistant tains the phrase ‘‘under God.’’ tion with exceptional service in his Attorney General Eldie Acheson in the Jus- The Ninth Circuit’s high reversal current position as Assistant Attorney tice Department during the spring and sum- rate by the Supreme Court is well doc- General in charge of the Office of Legal mer of 1993 during which my task was to umented, but less well known is the Counsel. This office assists the Attor- begin the processes of judicial selection for Ninth Circuit’s propensity for revers- ney General in his function as legal ad- Clinton Administration appointments. I am visor to the President and all the exec- therefore well familiar with the judicial se- ing death sentences, with some judges lection process. voting to do so almost as a matter of utive branch agencies. I have come to know Jay Bybee in my course. No doubt the Ninth Circuit has The office drafts legal opinions of the work as a law professor both through his some of the nation’s most intelligent Attorney General and also provides its writings and through the interactions we judges, but some cannot seem to follow own written opinions and oral advice in have had at numerous legal conferences and the law. Just this term, the U.S. Su- response to requests from the Counsel academic events. He is an extremely impres- preme Court summarily reversed the to the President, the various agencies sive person. To begin with, he is a remark- Ninth Circuit three times in one day of the executive branch, and offices able scholar. His ideas are creative, insight- ful, and stimulating and his analysis is care- and vacated an opinion 9–0. within the department. Such requests typically deal with legal issues of par- ful and precise. I believe him to be one of the With two judicial emergencies in the most learned and respected constitutional Ninth Circuit, Professor Bybee is the ticular complexity and importance or law experts in the country. type of judge we need. He is committed issues about which two or more agen- He is also an individual with exceptional to applying and upholding the law. He cies are in disagreement. personal qualities. I have always been struck will be a terrific judge. That circuit The office also is responsible for pro- by the balance that he brings to his legal represents over 9 million people, the viding legal advice to the executive analysis and the sense of respect and def- largest in the country. It has the most branch on all constitutional questions erence that he applies to everybody he en- and reviewing pending legislation for counters—including those who may disagree judges on a circuit court of appeals in with him. He is someone who truly hears and the Nation. They need him. constitutionality. All executive orders considers opposing positions. Most impor- Additional letters in support of Pro- and proclamations proposed to be tantly he is a person who adheres to the fessor Bybee illustrate his professional issued by the President are reviewed by highest of ethical standards. I respect his in- competence and personal characteris- the Office of Legal Counsel for form tegrity and trust his judgement. tics which will serve him well on the and legality, as are various other mat- Needless to say, I believe that Jay Bybee’s bench. Colleagues at UNLV deserve ters that require the President’s formal professional and personal skills make him an Professor Bybee as ‘‘widely and prop- approval. outstanding candidate for a federal judge- erly regarded as a leading constitu- In addition to serving as, in effect, ship. The combination of his analytic skills along with his personal commitment to fair- tional law expert, and his expertise ex- outside counsel for the other agencies ness and dispassion lead me to conclude that tends to many other areas of law as of the executive branch, the Office of he will serve in the best traditions of the fed- well. . . . Bybee is highly intelligent, Legal Counsel also functions as general eral judiciary. He understands the rule of industrious, diligent, and responsible. counsel for the Department itself. It law and he will follow it completely. He is an He has outstanding judgment and is a reviews all proposed orders of the At- exceptional candidate for the Ninth Circuit rock of stability. . . . Perhaps above torney General and all regulations re- and I support his nomination without res- all, he respects and works effectively quiring the Attorney General’s ap- ervation. proval. It also performs a variety of I hope these comments are helpful to you. with persons of diverse perspectives, Please feel free to contact me if you have temperaments, and ideology.’’ special assignments referred by the At- any further questions. Another colleague of Professor Bybee torney General or the Deputy Attorney Sincerely, wrote, ‘‘I should note that my personal General. In this position, Professor WILLIAM P. MARSHALL, politics are quite different from Bybee has performed in an outstanding Kenan Professor of Law.

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UNIVERSITY OF GLASGOW our country, which has called him to the dents, and administrators whose views span SCHOOL OF LAW, United States Court of Appeals. the political spectrum. Glasgow, Scotland, January 13, 2003. Professor Bybee will answer that call ex- In sum, I have every confidence that Bybee Hon. ORRIN G. HATCH, cellently. He is very smart, very thorough will be an outstanding federal judge. He will Chairman, Committee on the Judiciary, U.S. and very knowledgeable about the demand- contribute positively to the sound applica- Senate, Dirksen Senate Office Building, ing legal issues that confront our country tion and development of the law and to the Washington, DC. and our courts. He is a creative thinker, but wise administration of it. He is exceptionally DEAR CHAIRMAN HATCH: I am delighted to one whose creativity is appropriately tem- able and well qualified. I hope that your have the opportunity to recommend to you pered by rigorous legal analysis. More impor- Committee will act rapidly and positively on my former colleague, Jay Bybee, who has tantly, he is a compassionate and decent per- his nomination. Please contact me if you been nominated to a seat on the U.S. Ninth son who will approach his work in humane have any questions. Thank you. Circuit Court of Appeals. I got to know Jay and very reasonable ways. Sincerely, Bybee during the approximately four years While those of us on the Boyd Law School STEVE JOHNSON, we served together on the Louisiana State faculty come from many backgrounds and E.L. Wiegand Professor of Law. University law faculty, where I am a pro- hold a variety of views on important societal fessor of law. (During the 2002–03 academic issues, I think that we all agree on at least UNIVERSITY OF NEVADA LAS VEGAS, year, I am on sabbatical, serving as Ful- three things: that Jay Bybee is a wonderful WILLIAM S. BOYD SCHOOL OF LAW, bright Distinguished Scholar to the United colleague who has earned our high esteem; Las Vegas, NV, January 30, 2003. Kingdom, in residence at the University of that his departure from our faculty weakens Hon. ORRIN G. HATCH, Glasgow.) our law school; and that his elevation to the Chairman, Committee on the Judiciary, U.S. Jay is a person of high intelligence, gen- federal judiciary will improve our courts and Senate, Dirksen Senate Office Building, uine decency, and a strong work ethic. He our country. President Bush has chosen well, Washington, DC. was an always reliable and generous col- and I hope that you will confirm his choice. DEAR MR. CHAIRMAN: I write to offer my league, a popular and effective teacher, and Please let me know if you would like fur- strongest recommendation that the Senate a creative and insightful scholar. He must ther information or comment from me. confirm the nomination of Jay Bybee to be a surely be regarded as one of the leading con- Thank you for your service to our country. judge on the Ninth Circuit Court of Appeals. stitutional law thinkers in the United Best regards. I clerked for a Ninth Circuit Court of Ap- States, particularly with respect to ques- Very truly yours, peals judge in 1979–1980, so I have a pretty tions of separation of powers and the religion RICHARD J. MORGAN, strong idea of what is involved in holding clauses of the First Amendment. I have no Dean. this position. I have also known Mr. Bybee doubt that he will quickly establish himself since 1987 and have tremendous confidence as a leading member of the Ninth Circuit UNIVERSITY OF NEVADA LAS VEGAS, that he is a person of great legal knowledge Court of Appeals. WILLIAM S. BOYD SCHOOL OF LAW, and sound judgment. Without question he Jay and I differ on many issues of politics Las Vegas, NV, January 30, 2003. has the ability and motivation to give cases and law (unlike Jay, I am a liberal Democrat Hon. ORRIN G. HATCH, the careful attention and thought they de- and active member of the ACLU). Yet I have Chairman, Committee on the Judiciary, U.S. serve. I carefully reviewed Jay’s legal schol- always found him to be an extremely fair- Senate, Dirksen Senate Office Building, arship when he taught law at Louisiana minded and thoughtful person. Indeed, Jay Washington, DC. State University and recommended his pro- truly has what can best be described as a DEAR MR. CHAIRMAN: I write to state my motion and tenure there. His scholarship is ‘‘judicious’’ temperament, and I would fully strong support for Jay S. Bybee, who was re- very strong and analytical, and it is clear expect him to be a force for reasonableness nominated on January 7 by President George that he brings a careful and thoughtful mind and conciliation on a court that has been W. Bush to be a judge of the United States to bear in addressing legal problems. known for its fractiousness. Court of Appeals for the Ninth Circuit. I Jay is also a person of great integrity, and In short, I am pleased to recommend Jay have known Bybee since 2001 when we both we can be confident that he will represent Bybee enthusiastically and without any res- were members of the faculty of the William the nation well in his professional and per- ervation to be a judge of the U.S. Ninth Cir- S. Boyd School of Law of the University of sonal endeavors. In the years I have known cuit Court of Appeals. Nevada, Las Vegas. Jay, I have felt great confidence that his Sincerely, I had the privilege of working directly and word was his bond. This is among the reasons STUART P. GREEN. substantially with Bybee on Law School why, when in 1999 I reported to join the fac- committees, in faculty meetings, and in a ulty here at Boyd School of Law at the Uni- UNIVERSITY OF NEVADA LAS VEGAS, variety of informal contexts. I also have read versity of Nevada, Las Vegas, I invited Jay WILLIAM S. BOYD SCHOOL OF LAW, much of his published work and have dis- to co-author with me a book on the Ninth Las Vegas, NV, January 29, 2003. cussed him and his work with numerous and Tenth Amendments—a work we are still Hon. ORRIN G. HATCH, other law professors, at the Boyd School of working to complete. Jay’s interests in legal Chairman, Committee on the Judiciary, U.S. Law and other law schools, and with numer- scholarship reflect the range of interests he Senate, Dirksen Senate Office Building, ous of his students. has, and he would bring to this position an Washington, DC. Based on these contacts and associations, I awareness of the importance of structural DEAR CHAIRMAN HATCH: I enthusiastically strongly commend Bybee to you. For three issues relating to government powers as well support the nomination of Jay S. Bybee to reasons, I am confident he would be an out- as the fundamental importance of individual the United States Court of Appeals for the standing federal appellate judge. First, rights. Whether I was a member of the execu- Ninth Circuit, and I hope that you and your Bybee clearly has deep and extensive knowl- tive branch or the legislative branch of gov- colleagues will confirm his nomination. Pro- edge of the law. He is widely and properly re- ernment, I would feel greatly reassured in fessor Bybee is an outstanding teacher, garded as a leading constitutional law ex- knowing the important issues relating the scholar, lawyer, public servant and human pert, and his expertise extends to many scope of governmental powers would be ad- being. He will become a splendid judge, ex- other areas of law as well. By virtue of his dressed by one with Jay’s background, exper- actly the sort who ought to sit on the appel- private practice, government practice, and tise, and judgment. late courts of our country. academic experience, he is well rounded and If I could be of any further assistance to I have known Jay Bybee for about five superbly knowledgeable in the law. the committee or the Senate in deciding years, since I began to recruit him for a posi- Second, Bybee’s ability to commmunicate whether to confirm the nomination of Mr. tion on the founding faculty of our new law and teach are extraordinary. As a teacher, he Bybee, I would be happy to do so. I have school here at UNLV. We were very fortu- is held in near legendary status here. His total confidence that he would be a thought- nate to recruit a faculty member of Jay’s skill as a teacher established a standard that ful, perhaps even brilliant judge. quality—he is a superb teacher, a very well- few other law professors can meet. The im- Sincerely, published scholar and a very productive and portance of federal appellate decisions lies THOMAS B. MCAFFEE, collegial faculty member—and he, in turn, not only in correct outcomes but also in the Professor of Law. helped us to hire other members of what has clarity and explanatory force of the opinions become an excellent faculty. Moreover, in that justify the outcomes reached. Bybee’s THE GEORGE WASHINGTON his years on our faculty, Professor Bybee skill as a communicator and teacher will UNIVERSITY LAW SCHOOL, helped us to build an excellent law school, serve the nation well. Washington, DC, January 30, 2003. teaching important courses, chairing key Third, Bybee’s exemplary personal quali- Re Nomination of the Honorable Jay S. committees, producing excellent scholarship, ties will enhance his value as a judge. Bybee Bybee to the U.S. Court of Appeals for speaking widely in our community, and serv- is highly intelligent, industrious, diligent, the 9th Circuit. ing as an example of an excellent public law- and responsible. He has oustanding judgment Hon. ORRIN G. HATCH, yer and scholar. We had hoped that he would and is a rock of stability when seas become Chairman, Committee on the Judiciary, U.S. return to our faculty at the conclusion of his stormy. Perhaps above all, he respects and Senate, Dirksen Senate Office Building, service as Assistant Attorney General for works effectively with persons of diverse per- Washington, DC. the Office of Legal Counsel, but those hopes spectives, temperaments, and ideology. He is DEAR CHAIRMAN HATCH: I write in support have now been superceded by the needs of uniformly respected here by faculty, stu- of the nomination of the Honorable Jay S.

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Bybee to the United States Court of Appeals I have gone on at perhaps too much length, judge confirmations a year over the 61⁄2 for the 9th Circuit. I have known Jay in both but I strongly support this nomination. Jay years it previously controlled this his professional and governmental capacities has all the professional and, more impor- process. By contrast, the Democratic and I have little doubt he will be a superb tantly, in my judgment, personal attributes majority confirmed 17 circuit judges in judge. of a great judge. I sincerely hope he will be- In the first place, Jay is, simply put, very come one. 17 months for President Bush, in addi- smart, a highly useful attribute for a judge, Thank you for allowing me to submit this tion to 83 district court judges. in my opinion. He graduated with honors letter in support of Jay. In terms of percentages, which is from both college and law school. But even With best regards. what Republicans love to cite, the per- more to the point, that legal work with Sincerely yours, centage of circuit nominees of Presi- which I am familiar is outstanding. He has a MICHAEL K. YOUNG, dent Clinton confirmed under the Re- remarkable ability to digest an extraor- Dean. publican majority in the 107th Con- dinary amount of material and then, sorting gress was 0; the percentage confirmed BOSTON COLLEGE the wheat from the chaff, produce a succinct, in the 106th Congress was 44 percent; cogent analysis of the problem at hand. His LAW SCHOOL, law review articles are of the highest qual- Newton, MA, January 22, 2003. the percentage confirmed in the 105th ity, thoroughly researched, impressively Hon. PATRICK J. LEAHY, Congress was 66 percent; and the per- documented, carefully analyzed and grace- Ranking Member, Committee on the Judiciary, centage confirmed in the 104th Con- fully written, His briefs exhibit a complete— U.S. Senate, Dirksen Senate Office Build- gress was 55 percent. In fact, despite and honest—explication of the relevant au- ing, Washington, DC. the percentage for a full Congress, in thorities and a thoughtful marshaling of the DEAR SENATOR LEAHY: I am delighted that four of their six full years, they con- evidence in support of his position. They are Jay Bybee has been nominated for the 9th firmed 33 percent or less of President all models of legal craftsmanship. He will Circuit. I have known Mr. Bybee for almost Clinton’s circuit court nominees. In two decades. We both served in Washington undoubtedly apply these hightly honed ana- less than a full Congress, after assum- lytical skills to the inescapably difficult in the 1980s, overlapping at the Justice De- problems federal judges face. partment in 1984. I have had frequent contact ing the majority in the summer of 2001 Jay also seems to understand well the with Mr. Bybee since then, because we both and in spite of the 9/11 attacks and the amount of energy and efforts necessary to have taught constitutional law, and written anthrax attacks and all the disruptions solve complex legal problems. He is a tireless articles in many of the same areas. Mr. and priorities in those 17 months, the worker producing impressive amounts of Bybee is, among legal academics, one of the Democratically-led Senate not only work at a very high level of quality. He will best known and best respected writers on the held hearings on 20 circuit nominees, bear up well under the extraordinary work- subjects of federalism and separation of pow- the Judiciary Committee voted on 19 ers. I have been impressed with his calm and load our federal judges face. and the Senate confirmed 17 for a 53 I am also impressed with the breadth of approachable demeanor, his ability to ex- Jay’s legal experience. He has worked for a plain difficult legal concepts in understand- percent confirmation rate of the Presi- year on a court. He has practiced in the pri- able terms, and his fairness and open-mind- dent’s controversial slate of circuit vate sector. He has worked at both a staff edness in dealing with those who have intel- nominees. and political level in the government. And he lectual disagreements with him. Those considering these matters has spent time as an academic, reflecting on Mr. Bybee has also had a wealth of signifi- might contrast the progress in which the broader purposes of the law. He has been cant legal experience since his graduation Democrats are assisting with the start exposed to the operation of the law in almost from law school twenty-three years ago. As a of the last Congress in which the Re- every imaginable setting. All of this experi- private lawyer he has acquired expertise in publican majority in the Senate was issues concerning transportation and com- ence will undoubtedly inform his judicial de- delaying consideration of President liberations in highly useful ways. munication. In the Civil Division of the Jus- I have also always found Jay enormously tice Department for five years he acquired a Clinton’s judicial nominees. In 1999, the balanced, and fair in both his professional wealth of knowledge about the standard first hearing on a judicial nominee was judgments and his personal dealings. He has business of the agencies of government. He not until mid-June. The Senate did not political views, to be sure, but he is no ideo- has handled with considerable skill more reach 11 confirmations until the end of logue. I have even seen him change his mind, than three dozen appellate cases for the July of that year whereas we will reach something incredibly rare in the academy. I United States. He served on the White House that benchmark this year before St. think any petitioner will justifiably have staff for two years as associated counsel to Patrick’s Day. Accordingly, the facts great confidence that his pleas will receive a the first President Bush. And I think he has show that Democratic Senators are fair, just and sympathetic hearing. done a terrific job of running the Office of I also think Jay has a happily well-devel- Legal Counsel for the past few months. I being extraordinarily cooperative with oped sense of the majesty and dignity of the think that he will be a splendid addition to a Senate majority and a White House law. He is well attuned to the importance of the 9th Circuit. that refuses to cooperate with us. We the law in protecting our rights, redressing Sincerely, have made progress in spite of them. our grievances, and protecting us from the JOHN H. GARVEY, Indeed, by close of business today, we pressure of both our neighbors and, on occa- Dean. will have reduced vacancies on the sions, the government. At the same time, I Federal courts to under 55, which in- think he understands—and understands Mr. LEAHY. Mr. President, in spite cludes the 20 judgeships Democrats well—the limits of legal redress. The courts of the intransigence of the White House newly authorized in the 21st Century are not legislators and I do not think Jay and the overreaching of the Republican Department of Justice Appropriations would ever confuse the two. In short, I think majority here in the Senate, I believe he has a sophisticated and appropriate appre- Authorization Act last year. That is an the Senate will, by the end of this extremely low vacancy number based ciation of the role of the judge and the week, have moved forward to confirm courts in our political and legal system. Jay on recent history and well below the 67 will prove a very good judge, someone we 111 of President Bush’s judicial nomi- vacancies that Senator HATCH termed will all be proud to claim, whatever our per- nations since July 2001. That total ‘‘full employment’’ on the federal sonal view of the appropriate line between would include 11 judges confirmed so bench during the Clinton Administra- courts and legislators. far this year and of those 7 would be tion. Finally, I would be remiss if I did not confirmed this week. Consideration of Turning to the nomination now be- stress just how extraordinarily decent Jay this controversial nomination of Jay S. fore the Senate, the nomination of Jay is. Even on first meeting, it is clear he is a Bybee to the United States Court of thoughtful, considerate, indeed, kind person. S. Bybee for a lifetime appointment to But much more importantly, my every con- Appeals for the Ninth Circuit is the the Ninth Circuit Court of Appeals is a tact has also convinced me he is a person of 18th circuit nomination considered for difficult one for me. It is made all the unshakable integrity. He is clear and en- this President since July 2001. The 17 more difficult by the respect I have for tirely transparent about his core values. And others were each confirmed, some like the senior Senator from Nevada, who they are absolutely the right ones. They Judge Shedd and Judge D. Brooks has supported this nomination. revolve around family, community and coun- Smith with significant opposition. I think that Senator BIDEN made a try. They bespeak a fidelity to law as both a Nonetheless, Democrats have moved compelling case against this nomina- device to ensure that all have the oppor- forward almost twice as promptly on tunity to reach their fullest capacity, as well tion in his statement to the Judiciary as a shield against man’s least worthy im- this President’s circuit nominees as Committee. I know that we intended to pulses. He is honest, forthright and entirely the Republican majority did on Presi- and did establish a separate Violence respectful of the dignity of everyone he dent Clinton’s circuit nominees. The Against Women Office at the Depart- meets. Republican majority averaged 7 circuit ment of Justice and a Director subject

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3684 CONGRESSIONAL RECORD — SENATE March 13, 2003 to Senate confirmation when we wrote Senate and for its Judiciary Com- to bring debate on a matter to a close the Department of Justice authoriza- mittee. He noted ‘‘how ironic that in while protecting the rights of the mi- tion legislation and enacted it last the Judiciary Committee, a Committee nority. It may have been my first year. How Mr. Bybee could misinter- which passes judgment on those who meeting as a Senator on the Judiciary pret that measure is beyond me. will interpret the rule of law,’’ that it Committee in 1979 that Chairman KEN- Mr. Bybee appeared before the Judi- acted in conscious disregard of the NEDY, Senator THURMOND, Senator ciary Committee in 2001 when he was rules that were established to govern Dole, Senator COCHRAN and others dis- nominated to serve at the Department its proceedings. If this is what those cussed adding this rule to those of the of Justice. During that confirmation who pontificate about ‘‘strict construc- Judiciary Committee. Senator Thur- hearing, Mr. Bybee promised the Judi- tion’’ mean by that term, it translates mond, Senator HATCH and the Repub- ciary Committee that as Assistant At- to winning by any means necessary. If lican minority at that time took a po- torney General, he would ‘‘not trample this is how the judges of the judicial sition against adding the rule and ar- civil rights in the pursuit of terrorism’’ nominees act, how can we expect the gued in favor of any individual Senator and that he would ‘‘bring additional nominees they support as ‘‘strict con- having a right to unlimited debate—so sensitivity to the rights of all Ameri- structionists’’ to behave any better? that even one Senator could filibuster cans’’ to his work at the Justice De- Given this action in disrespect of the a matter. Senator HATCH said that he partment. Given the veil of secrecy im- rights of the minority, how can we ex- would be ‘‘personally upset’’ if unlim- posed by the Administration, I have se- pect the Judiciary Committee to place ited debate were not allowed. rious concerns about how the Depart- individuals on the bench that respect Senator HATCH explained: ment of Justice has been operating. the rule of law? There are not a lot of rights that each indi- Unfortunately, Mr. Bybee’s hearing In my 29 years in the Senate and in vidual Senator has, but at least two of them for judicial office took place on a par- my reading of Senate history, I cannot are that he can present any amendments ticularly busy morning when many think of so clear a violation of Sen- which he wants and receive a vote on it and Senators had other committee obliga- number two, he can talk as long as he wants ators’ rights. to as long as he can stand, as long as he feels tions and during the Secretary of As Chairman of the Agriculture Com- strongly about an issue. I think those rights State’s address to the United Nations mittee, as Chairman of the Sub- are far superior to the right of this Com- regarding Iraq. Many of us were unable committee on Foreign Operations of mittee to rubber stamp legislation out on to attend Mr. Bybee’s hearing in person the Appropriations Committee and as the floor. that day. At least five of us submitted Chairman of the Judiciary Committee, It was Senator Dole who drew upon detailed sets of written questions to I strove always to protect the rights of his Finance Committee experience to ask about the Justice Department and the minority. I did not always agree suggest in 1979 that the Committee some controversial views he has taken with what they were saying or doing, I rule be that ‘‘at least you could require in his academic writings and speeches did not always find it convenient, but I the vote of one minority member to before the Federalist Society. protected their rights. It was not al- terminate debate.’’ Senator COCHRAN I have given a lot of thought to this ways as efficient as I might have liked, likewise supported having a ‘‘require- nomination. I have concerns that Mr. but I protected their rights. That is ment that there be an extraordinary Bybee was chosen to be another in a basic to this democracy and funda- majority to shut off debate in our Com- long line of circuit court nominees mental to the Senate of the United mittee.’’ from this President who will prove to States. Senators respect other Sen- The Judiciary Committee proceeded be an ideologically driven conservative ators’ rights and hear them out. to refine its consideration of what be- activist if accorded lifetime tenure on There is no question that the Senate came Rule IV, which was adopted in the Court of Appeals. majority is in charge and responsible 1979 and has been maintained ever However, Senator REID knows Mr. for how we proceed. I understand that since. It struck the balance that Re- Bybee and supports his confirmation. and always have—I wish Republicans publicans had suggested of at least Mr. Bybee is obviously conservative, had shared that view when I chaired having the agreement of one member but we’ve had a chance to review his the Judiciary Committee last year. But of the minority before allowing the articles and speeches and no one has in the Senate, the majority’s power is Chairman to cut off debate. called into question his ability and circumscribed by our rules and tradi- That protection for the minority has commitment to setting aside his views tional practices. We protect and re- been maintained by the Judiciary Com- as a judge. spect the rights of the minority in this mittee for the last 24 years under five On the very day that Democrats co- democratic institution for the same different chairmen—Chairman KEN- operated in debating and voting on the reason we steadfastly adhere to the NEDY, Chairman Thurmond, Chairman Bybee nomination in Committee, our Bill of Rights. BIDEN, under Chairman HATCH pre- cooperation was rewarded by the Re- I, too, am gravely concerned about viously and during my tenure as chair- publican majority violating our rights. this abuse of power and breach of our man. Republicans violated our longstanding committee rules. When the Judiciary Rule IV of the Judiciary Committee Judiciary Committee rules and unilat- Committee cannot be counted upon to provides the minority with a right not erally declared the termination of de- follow its own rules for handling im- to have debate terminated and not to bate on two other controversial circuit portant lifetime appointments to the be forced to a vote without at least one court nominations, John Roberts and Federal judiciary, everyone should be member of the minority agreeing. That Justice Deborah Cook that very morn- concerned. In violation of the rules rule and practice had until last month ing. that have governed that committee’s always been observed by the com- Senator DASCHLE termed this unilat- proceedings since 1979, the chairman mittee, even as we have dealt with the eral action deeply troubling and a chose to ignore our longstanding com- most contentious social issues and ‘‘reckless exercise of raw power by a mittee rules and short-circuit com- nominations that come before the Sen- Chairman,’’ and he is right. He ob- mittee consideration of the nomina- ate. served that the work of this Senate has tions of John Roberts and Justice Until last month, Democratic and for over 200 years operated on the prin- Deborah Cook. Senator DASCHLE spoke Republican chairmen had always acted ciple of civil debate, which includes to that matter that day. Judiciary to protect the rights of the Senate mi- protection of the minority. When a Committee members, Senator FEIN- nority. The rule has been the commit- chairman can on his own whim choose STEIN, Senator SCHUMER, Senator DUR- tee’s equivalent to the Senate’s cloture to ignore our rules that protect the mi- BIN and Senator FEINGOLD have also rule in Rule 22. It had been honored by nority, not only is that protection lost, spoken to the Senate about this breach all five Democratic and Republican but so is an irreplaceable piece of our of our rules, as well as a number of chairman, including Senator HATCH— integrity and credibility. other liberties that Republicans have until last month. The Democratic leader noted that been taking with the rules. It was rarely utilized but Rule IV set faithful adherence to longstanding Since 1979, the Judiciary Committee the ground rules and the backdrop rules is especially important for the has had this particular committee rule against which rank partisanship was

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However, Rule IV also per- In his recent letter to Senator mits the chairman of the Committee to en- Besides protecting minority rights, it DASCHLE, Senator HATCH declares that enforced a certain level of cooperation tertain a non-debatable motion to bring any matter to a vote. he ‘‘does not believe that Committee between the majority and minority in The rule also provides as follows: ‘‘The filibusters should be allowed.’’ It is order to get anything accomplished. Chairman shall entertain a non-debatable Senator HATCH who has ‘‘turned Rule 4 That, too, has been lost as the level of motion to bring a matter before the Com- on its head’’ last month, after 24 years partisanship on the Judiciary Com- mittee to a vote. If there is objection to of consistent interpretation and imple- mittee and within the Senate reached a bring the matter to a vote without further mentation by five chairmen. Never be- debate, a rollcall vote of the Committee new level when Republicans chose to fore his letter to Senator DASCHLE has shall be taken, and debate shall be termi- override our governing rules of conduct anyone since the adoption of the rule and proceed as if the Senate Judiciary nated if the motion to bring the matter to a vote without further debate passes with ten in 1979 ever suggested that its purpose Committee were a minor committee of votes in the affirmative, one of which must was to be narrowed and redirected to the House of Representatives. be cast by the Minority.’’ thwart ‘‘an obstreperous Chairman who The premature and unilateral termi- Thereafter, given the objection, the refuses to allow a vote on an item on nation of debate in committee last committee proceeded to a roll call vote the Agenda.’’ After all, as Senator month was apparently a premeditated whether to end the debate. That was HATCH recognizes in his letter, it is the act. Senator HATCH indicated that he consistent with our longstanding rule. chairman’s prerogative to set the agen- had checked with the parliamentarians In that case, Chairman HATCH followed da for the mark-up. in advance, and he apparently con- the rules of the committee. This revisionist reading of the rule is cluded that he had the raw power to ig- At the beginning of our executive not justified by its adoption or its prior nore our committee rule and so long as business meeting on February 27, I ref- use and appears to be nothing other all Republicans on the committee erenced the Committee’s rules and dur- than an after-the-fact attempt to jus- stuck with him, he would do so. I un- ing the course of the debate on nomina- tify the obvious breaches of the long- derstand that the parliamentarians ad- tions both Senator KENNEDY and I standing Committee rule and practice vised Senator HATCH that there is no sought to have the committee follow that occurred last month. It was not enforcement mechanism for a violation them. We were overridden. even articulated contemporaneously at of committee rules and that the parlia- Last month, the bipartisan tradition the business meeting. mentarians view Senate Committees as and respect for the rights of the minor- I appreciate the frustrations that ac- ‘‘autonomous’’. I do not believe that ity ended when Chairman HATCH de- company chairing the Judiciary Com- they advised Senator HATCH that he cided to override Rule IV rather than mittee. I know the record we achieved should violate our Committee rules or follow it. He did so expressly and inten- during my 17 months of chairing that that they interpreted our Committee tionally, declaring: ‘‘[Y]ou have no committee, when we proceeded with rules. right to continue a filibuster in this hearings on more than 100 of President I cannot remember a time when then- committee.’’ Bush’s judicial nominees and scores of Chairman KENNEDY or Chairman THUR- Chairman HATCH decided, unilater- his executive nominees, including ex- MOND or Chairman BIDEN would have ally, to declare the debate over even tremely controversial nominations, even considered violating their respon- though all members of the minority when we proceeded fairly and in ac- sibility to the Senate and to the com- were prepared to continue the debate cordance with our rules and committee mittee and to our rules. Accordingly, and it was, in fact, terminated pre- traditions and practices to achieve al- we have never been faced with a need maturely. I had yet to speak to any of most twice as many confirmation for for an ‘‘enforcement mechanism’’ or the circuit nominees on the agenda and President Bush as the Republicans had penalty for violation of a fundamental other Democratic Senators had more allowed for President Clinton, and committee rule. to say. know how that record was In fact, on the only occasion I can re- Senator HATCH completely reversed call when Senator HATCH was faced his own position from the Bill Lann mischaracterized by partisans. Those with implementing Committee Rule Lee nomination and took a step un- 100 favorably reported nominations in- IV, he did so. In 1997, Democrats on the precedented in the history of the com- cluded Michael McConnell, Dennis committee were seeking a Senate floor mittee. Contrast the statements of Shedd, D. Brooks Smith, John Rogers, Michael Melloy and many others. vote on President Clinton’s nomination Senator HATCH in 1979 when he sup- of Bill Lann Lee to be the Assistant ported unlimited debate for a single I know that sometimes a chairman Attorney General for Civil Rights at Senator—with Republicans in the mi- must make difficult decisions about the Department of Justice. nority—with his action overriding the what to include on an agenda and what Republicans were intent on killing rights of the Democratic minority and not to include, what hearings to hold the nomination in committee. The his recent letter to Senator DASCHLE in and when. In my time as chairman I committee rule came into play when in which, now that Republicans hold the tried to maintain the integrity of the response to an alternative proposal by Senate majority, he says that he ‘‘does committee process and to be bipar- Chairman HATCH, I outlined the tradi- not believe the Committee filibuster tisan. I noticed hearings at the request tion of our Committee. I said: should be allowed and [he] thinks it is of Republican Senators and allowed Re- This committee has rules, which we have a good and healthy thing for the Com- publican Senators to chair hearings. I followed assiduously in the past and I do not mittee to have a rule that forces a made sure the committee moved for- think we should change them now. The rules vote.’’ ward fairly on the President’s nomi- also say that 10 Senators, provided one of But our committee rule, while pro- nees in spite of the Administration’s those 10 is from the minority, can vote to viding a mechanism for terminating unwillingness to work with us to fill cut off debate. We are also required to have debate and reaching a vote on a mat- judicial vacancies with consensus a quorum for a vote. nominees and thereby fill those vacan- I intend to insist that the rules be ter, does so while providing a minimum cies more quickly. followed. A vote that is done contrary of protection for the minority. Even to the rules is not a valid one. this minimum protection will no But I cannot remember a time when Immediately after my comment, longer be respected by Chairman Chairman KENNEDY, Chairman THUR- Chairman HATCH abandoned his earlier HATCH. MOND, Chairman BIDEN, Chairman plan and said: Contrast Senator HATCH’s recogni- HATCH previously, or I, ever overrode I think that is a fair statement. Rule IV of tion in 1997 that Rule IV establishes a by fiat the right of the minority to de- the Judiciary Committee rules effectively Judiciary Committee ‘‘filibuster right’’ bate a matter in accordance with our establishes a committee filibuster right, as and that a ‘‘[a]bsent the consent of a longstanding committee rules and the distinguished Senator said. minority member of the Committee, a practices.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3686 CONGRESSIONAL RECORD — SENATE March 13, 2003 The committee and the Senate have Almost all of the 100 judges we con- All of the Democratic Senators who crossed a threshold of partisan over- firmed last Congress are conservative, serve on the Judiciary Committee have reaching that should never have been quite conservative. And with some, the asked the Chairman to reconvene the crossed. I urge the Republican leader- Senate has taken a significant risk hearing with Justice Cook and Mr. ship to recommit the nominations of that they will be activist judges with Roberts because of the circumstances Justice Deborah Cook and John Rob- lifetime tenure. We nonetheless moved under which it was held and not satis- erts to the Judiciary Committee so fairly and expeditiously on as many as factorily completed. We have also that they can be considered in accord- we could. We cut the number of vacan- taken the White House up on its offer ance with the committee’s rules. The cies on the courts from 110 to 59, de- to make the nominees available with a action taken last month should be viti- spite an additional 50 new vacancies joint letter seeking an opportunity to ated and order restored to the Senate that arose during my tenure. I recall make further inquiries of them. Re- and to the Judiciary Committee. that Senator HATCH took the position grettably, last Wednesday the White I urge the Republican leadership to in September of 1997 that 103 vacancies, House withdrew its offer and now re- rethink its missteps and urge the during the Clinton Administration, did fuses to proceed. That change of posi- chairman and the committee to dis- not constitute a ‘‘vacancy crisis.’’ He tion by the White House, on top of the avow the misinterpretation and viola- also stated repeatedly that 67 vacan- inadequate hearing on these important tions of Rule IV that occurred last cies meant ‘‘full employment’’ on the nominations, has created another im- month. federal courts. passe and unnecessary complication. We have also worked hard to report a Even with the vacancies that have That is why the minority, while pre- number of important executive and ju- arisen since we adjourned last year, we pared to debate and vote on the Bybee dicial nominees in spite of the contin- remain below the ‘‘full employment’’ nomination to the 9th Circuit and nine ued partisanship by the White House level that Senator HATCH used to draw other presidential nominations on Feb- and Senate Republicans. As Senator for the federal courts with only 60 cur- ruary 27, wished to continue the debate FEINSTEIN recently noted, we have co- rent vacancies on the District Courts on the Cook and Roberts nominations. operated by not insisting on our rights and Courts of Appeals. Unfortunately, Let me be specific: On January 29, to seven days notice or seven days the President has not made nomina- the Judiciary Committee met in an ex- holdover on various matters and we tions to almost two dozen of those traordinary session to consider six im- have not insisted on three days’ notice seats, and on more than one-half of the portant nominees for lifetime appoint- of items on the agenda. We have pro- current vacancies he has missed his ments to the federal bench, including ceeded to debate with less than a self-imposed deadline of a nomination three controversial nominees to circuit quorum present and Democrats have within 180 days. Of course, several of courts: Jeffrey Sutton, Justice Debo- been responsible for making quorum the nominations he has made are con- rah Cook and John Roberts. Several after quorum so that this committee troversial. Senators only officially learned the could conduct business. Ironically, we Last Congress, we worked hard to names of the nominees on the agenda did so even last month while our rights keep a steady pace of hearings, even for that hearing at 4:45 p.m. on Janu- were being violated. Order and comity though so many of this President’s ju- ary 28, the day before. need to be restored to the Judiciary dicial picks proved to be quite divisive On learning that the chairman in- Committee and to the Senate. An es- and raised serious questions about tended to include three controversial sential step in that process is the res- their willingness to be fair to all par- circuit court nominees on one hearing, toration of our rights under Rule IV ties. We held hearings for 90 percent of something virtually unprecedented in and recognition of our rights there- his nominees eligible for hearings, a the history of the committee, and abso- under. total of 103 nominees, including 20 cir- lutely unprecedented in this chair- There are continuing problems cuit court nominees. We voted on 102 of man’s tenure, Democrats on the com- caused by the administration’s refusal them, two of whom were defeated after mittee wrote to the Chairman to pro- to work with Democratic Senators to fair hearings and lengthy debate. The test. We explained that since 1985, select consensus judicial nominees who President has taken this unprecedented when Chairman Thurmond and Rank- could be confirmed relatively quickly action of re-nominating candidates ing Member BIDEN signed an agreement by the Senate. Despite the President’s voted down in committee in spite of about the pace of hearings and the lack of cooperation, the Senate in the the serious concerns expressed by fair- number of controversial nominees per 17 months I chaired the Judiciary Com- minded members of this committee. hearing, there has been a consensus on mittee was able to confirm 100 judges This year the committee has had a the committee that members ought to and vastly reduce the judicial vacan- rocky beginning with a hearing that be given ample time to question nomi- cies that had built up and were pre- has caused a great many problems that nees, and that controversial nominees vented by the Republican Senate ma- could have been avoided. The com- in particular deserve more time. jority from being filled by President mittee proceeded to a vote on the We explained that we were surprised Clinton. Estrada nomination and to a vote on by the chairman’s rush to consider Last year alone the Democratic-led the Sutton nomination and to votes on these three nominees at the same time, Senate confirmed 72 judicial nominees, the Bybee and Tymkovich nomina- considering the pace at which Presi- more than in any of the prior six years tions—all controversial nominations to dent Clinton’s nominees were sched- of Republican control. Not once did the circuit courts. uled for hearings. During the time Re- Republican-controlled committee con- The rushed processing of nominees in publicans controlled the Senate and sider that many of President Clinton’s these past few weeks has led to edi- Bill Clinton was president, there was district and circuit court nominees, torial cartoons showing conveyor belts never a hearing held to consider three even though there were often more ju- and assembly lines with Senators just circuit court nominees at once. Never. dicial nominees than that waiting for a rubber-stamping these important, life- Finally, we explained the importance hearing. In our efforts to turn the time appointments without sufficient of giving Senators sufficient time to other cheek and treat this President’s inquiry or understanding. What we are consider each nominee and properly ex- nominees better than his predecessor’s ending up with is a pile-up of nominees ercise their constitutional duty to give had fared, we confirmed 100 judges in 17 at the end of this rapidly-moving con- advice and consent to the President’s months. Yet, not a single elected Re- veyer belt. There is no way that we can lifetime appointments to the federal publican has acknowledged this tre- meaningfully keep up with our con- bench. mendous bipartisanship and fairness. stitutional duty to determine the fit- But our request went unanswered, When Chief Justice Rehnquist thanked ness of these nominees at this pace. and we were expected to question three the committee for confirming 100 judi- The quality of our work must suffer, nominees in the space of a single day. cial nominees, this was the first time and slippage in the quality of justice That proved impossible, as was evident our remarkable record had been ac- will necessarily follow. I hope we will throughout that long day. My col- knowledged by anyone from a Repub- do all we can to prevent more of these leagues and I asked several rounds of lican background. ‘‘I Love Lucy’’ moments. questions of Mr. Sutton, and were only

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3687 able to ask very few questions of the Thank you for your assistance, and we professor, and his extensive Govern- other two nominees. We asked, during look forward to the meeting we have re- ment service, have prepared him well the hearing itself, that the chairman quested. to serve as a circuit judge. Let me reconsider and ask the other two nomi- Sincerely, Patrick J. Leahy; Edward M. Kennedy; briefly review his background. nees to return the next day or the next Joseph R. Biden, Jr.; Dianne Feinstein; Professor Bybee received a BA magna week, and to give them the time they Charles E. Schumer; John Edwards; cum laude and with highest honors in deserved in front of the committee, but Herbert Kohl; Russell D. Feingold; economics from Brigham Young Uni- he refused. Richard J. Durbin. versity. He also attended the J. Reuben We asked the same thing after the The PRESIDING OFFICER. The Sen- ator from New Mexico is recognized. Clark Law School at BYU, graduating hearing, and were told that indeed the cum laude. I also note he was an editor (The remarks of Mr. BINGAMAN are nominees would make themselves of the BYU Law Review. Those are available to meet with each of us, so printed in today’s RECORD under ‘‘Morning Business.’’) high credentials from a very well- we wrote to accept those offers, al- qualified, recognized law school. though as we explained, we would have The PRESIDING OFFICER. The Sen- preferred to meet with them alto- ator from Idaho is recognized. Following his graduation from law gether, and in a public session. But Mr. CRAIG. Madam President, I am school, Professor Bybee clerked for again, we were rebuffed. I wonder, here in the Chamber this afternoon to Judge Donald Russell of the U.S. Court though, if they were available for one speak to the nomination of Jay Bybee of Appeals for the Fourth Circuit and sort of meeting, why were they not of Nevada to the Ninth Circuit Court. then was engaged in private practice of available for another. I regret that the I call it the Ninth Circuit Court of law at the distinguished firm of Sidley White House refused our request to Western States. I know the State of & Austin. There he handled regulatory bring closure to those matters. the Presiding Officer is part of the and antitrust matters, including civil Ninth Circuit, as is my State of Idaho. litigation in Federal courts and admin- During the last 4 years of the Clinton It is a circuit that has caused us great administration, his entire second term istrative law matters before the Inter- frustration over the last good number state Commerce Commission. in office after being reelected by the of years as many of its cases have been American people, the Judiciary Com- overturned. In fact, just this term, the Professor Bybee began his career in mittee refused to hold hearings and Supreme Court in one day overturned public service first as an attorney in committee votes on his qualified nomi- three cases or reversed three cases of the U.S. Department of Justice, Office nees to the D.C. Circuit and the Sixth the Ninth Circuit. of Legal Policy, then as an attorney on Circuit. Last month, in sharp contrast, Some call it the most dysfunctional the appellate staff at the Civil Divi- this committee was required to proceed court of the land. I believe it to be sion. During this period, he worked on on two controversial nominations to that. Idahoans are extremely frus- a variety of departmental issues and those circuit courts in contravention of trated when a San Francisco-oriented judicial selections, was the principal the rules and practices of the com- judge makes a decision on an Idaho re- author of the Government’s briefs in mittee. This can only be seen as part of source matter that is so totally out of more than 25 cases, and argued cases a concerted and partisan effort to pack context with our State and the char- before a number of Federal circuits. the courts and tilt them sharply out of acter of our State and her people that Professor Bybee also served as an asso- balance. Idahoans grow angry. That is why it is ciate counsel, as the chairman of the I ask unanimous consent to print a not unusual that I and others over the Judiciary Committee, Senator HATCH, letter in the RECORD. years have offered legislation to divide mentioned, to George H. W. Bush. There being no objection, the mate- the Ninth Circuit. That has been spo- Professor Bybee has had an excellent rial was ordered to be printed in the ken to on more than one occasion in career as a law professor, beginning at RECORD, as follows: this Chamber, and it will be again this the Paul M. Hebert Law Center at Lou- UNITED STATES SENATE, year. isiana State University. He is a found- I and my colleagues from Idaho are COMMITTEE ON THE JUDICIARY, ing faculty member at the University supportive of that kind of legislation, Washington, DC, February 24, 2002. of Nevada, Las Vegas William S. Boyd Hon. ALBERTO R. GONZALES, and it is that kind of legislation the School of Law. As an accomplished Counsel to the President, The White House, Presiding Officer has just introduced: scholar in the areas of administrative Washington, DC. to change the character of this court to and constitutional law, Professor DEAR JUDGE GONZALES: As you may know, be more reflective of the broad scope of Bybee has taught courses in civil pro- Democratic Senators on the Judiciary Com- its authority than just to have, if you mittee have been offered the opportunity to will, California judges making deci- cedure, constitutional law, administra- meet with Justice Deborah Cook and Mr. sions for Idaho, Washington, Oregon, tive law, and seminars on religious lib- John Roberts in order to ask questions and erty and the separation of powers. discuss issues relevant to their nominations Alaska, and other States. to lifetime appointments to United States It is the largest court in the land, My colleague from Nevada was talk- Courts of Appeals. We are writing to let you and it is a court that clearly needs our ing about his phenomenal knowledge of know that some of us would like to accept attention. It begs for our attention. the Constitution and its authority and those offers and meet with both of the nomi- The outcry in my State and in other responsibility and our responsibility to nees together before voting on their nomina- States, such as Alaska, demands it. it as we craft law. tions. But today we have an opportunity to We are available to meet as early as He has a distinguished record in pub- improve it, and that is to confirm Jay lications in a phenomenal variety of Wednesday, February 26, 2003, but are ame- S. Bybee to the U.S. Court of Appeals nable to another mutually convenient time. legal areas. for the Ninth Circuit. For the purposes of review after the meeting, Professor Bybee presently serves as we will arrange for a stenographer to attend I am confident the Senate will con- the meeting and record the exchanges with sent to the appointment of Professor an Assistant Attorney General, head- the nominees. We also anticipate that the Bybee, who enjoys bipartisan support ing the Office of Legal Counsel at the meeting will be open to the public. and, in these current times as we de- U.S. Department of Justice. Super- We hope that you and the Department of bate judges in this Chamber, bipartisan vising a staff of attorneys, Professor Justice will work with us to schedule this support is in itself unique. That must Bybee has the principal responsibility important meeting. Some of us believe the speak to the uniqueness of this indi- for providing legal advice to the Attor- January 29, 2003, Committee hearing did not vidual. ney General on constitutional, statu- provide an adequate opportunity to ask the A review of Professor Bybee’s creden- tory, and regulatory questions. In addi- questions necessary for Senators to effec- tials demonstrates he is, as the Amer- tion, the office reviews orders to be tively carry out their Constitutional duty to advise and consent to judicial nominees. ican Bar Association has concluded, a issued by the President or the Attor- Written questions are not a satisfactory sub- highly qualified person for this posi- ney General for form and legality. The stitute for direct exchanges between Sen- tion. Professor Bybee’s education, his Office of Legal Counsel also advises the ators and the nominees. private legal career, his work as a law President and the executive branch

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3688 CONGRESSIONAL RECORD — SENATE March 13, 2003 agencies on constitutional and statu- statement. I, too, will support Pro- porting roles. Most ominously, we do tory matters. fessor Bybee. I have no problem with not know how long this costly drama It is clear from his educational doing that at all. might last. It may last a month. It record, his private practice, his out- May I say that Professor Bybee can may last 2 months. It may last a week. standing credentials as a law professor, be proud that Senator LARRY CRAIG has It may last 2 days. Who knows? I do and his distinguished career in public spoken on his behalf. Senator CRAIG is not know. But this conflict will be service that Professor Bybee is well one of the most articulate Senators not played out in many acts. qualified to serve on the Ninth Circuit only at this time in this body, but hav- As in the last war, the coming bat- and will be an outstanding judge. In ing been in this body for more than 44 tles will draw heavily on U.S. air fact, I am quite confident he will lift years now, I can say that I have seen a power, followed by the use of our the quality of that court in its deci- lot of articulate speakers but Senator ground troops to destroy the Iraqi sions substantially. CRAIG is one among the foremost of army. That is where the similarities Professor Bybee comes highly rec- those. I would treasure his support of between 1991 and 2003 begin and end. ommended. As a result of that, clearly my nomination if I were indeed a nomi- The ultimate goal in the coming war is he brings distinguished service to an nee for any position. not to roll back an invasion of a small, area that cries out for the need of as- Madam President, has the Pastore oil-rich corner of desert that borders tute minds. rule run its course for today? the Persian Gulf. This time, the goal is As Senator HATCH mentioned, one of The PRESIDING OFFICER. Yes, it to conquer the despotic government of his supporters is William Marshall, has. Saddam Hussein. Professor of Law at the University of Mr. BYRD. Madam President, I be- In the 1991 gulf war, our victory was North Carolina. I note that Professor lieve the Senate is in executive session. followed by an orderly withdrawal of Marshall worked in the Clinton admin- The PRESIDING OFFICER. The Sen- our troops, so that they may return to istration as Deputy Counsel to the ator is correct. their hometowns to march in ticker- tape parades and be honored with twen- President and in the Justice Depart- Mr. BYRD. I ask unanimous consent ty-one gun salutes to acknowledge a ment reviewing judicial nominees. that I may speak as if in legislative resounding American victory on the In Professor Marshall’s letter in sup- session. battlefield. port of Professor Bybee, he writes: The PRESIDING OFFICER. Without objection, it is so ordered. It may not be the same in 2003. Our He— Mr. BYRD. Is there any limitation on forces do not have the straightforward meaning Professor Bybee— time? task of pushing the Iraqi military out is an extremely impressive person. To begin The PRESIDING OFFICER. No, there of Kuwait. The aim is to push Saddam with, he is a remarkable scholar. . . . is not. and his associates from power. This I think what I have said and the RECONSTRUCTION OF IRAQ could involve house-to-house fighting record I have spoken to clearly exem- Mr. BYRD. I thank the Chair. I will or laying siege to Baghdad and other plifies that. speak perhaps, as I see it, 40 minutes or urban centers, where seven out of ten I believe him to be one of the most learned less, which is something worthy of Iraqis live. The United States will have and respected constitutional law experts in commenting on in itself. to manage religious, ethnic, and tribal the country. He is also an individual with ex- There is an axiom in military plan- rifts that may seek to tear the country ceptional personal qualities. I have always ning that countries tend to prepare to apart. According to a declassified CIA been struck by the balance that he brings to fight the last war, not the next one. estimate, we must contend with the in- his legal analysis and the sense of respect Some historians blamed the incredible creasing chance that Saddam Hussein and deference that he applies to everybody will use weapons of mass destruction he encounters—including those who may dis- death toll of World War I on military commanders who failed to realize that against our troops as they march to- agree with him. He is someone who truly ward Baghdad. hears and considers opposing positions. Most the days of set-piece battles, as in the After all of this, more work awaits. A importantly, he is a person who adheres to days of the American Revolution or the U.S. invasion of Iraq with only token the highest of ethical standards. I respect his Napoleonic Wars, were over. Some have support from other countries will leave integrity and trust his judgment. also pointed out that the countries us with the burden of occupying and re- That is a quote from the letter of that were overrun in the opening building Iraq. The United States will William Marshall, Professor of Law, months of World War II were those find itself thrust into the position of University of North Carolina. that were best prepared to engage in undertaking the most radical and am- That endorsement rings loud in these trench warfare. bitious reconstruction of a country Halls as it speaks well to the person As our own Republic continues to since the occupation of Germany and who is before us today. Other letters of ready for war in Iraq, there has been Japan after World War II. support from law professors with whom the alarming tendency to see this next The likely first step in a post-war oc- he worked and associates throughout war as a replay of our 1991 campaign to cupation would be to establish secu- the Nation speak highly of Professor liberate Kuwait. Some have taken to rity. No rebuilding mission could pos- Bybee. They note his personal integ- calling the impending conflict ‘‘gulf sibly occur if the Iraqi army still has rity, his professional ability, his clear war II,’’ as if we could win this conflict fight left in it or if Iraq’s cities are in and thoughtful scholarship, and his ex- in 2003 by rewinding the tapes of smart chaos. Establishing security could well emplary personal qualities. Even those bombs dropping on their targets in prove to be more difficult than defeat- who disagree with him politically are 1991. I fear that many have succumbed ing Iraq’s military. Saddam Hussein impressed with Professor Bybee and to an intellectual and moral laziness could go on the lam, forcing our mili- strongly support his nomination. that views the coming war through the tary into a wild goose chase. Surely That is the record. The record is lens of our victory in 1991. Iraq could not be considered secure if clear. I am pleased that we see the kind This next war in Iraq will not be like its evil dictator were to be on the of bipartisan support that most judi- the last. Twelve years ago, there was a loose. cial nominees who come to this floor war in one act with an extensive list of Creating a secure environment in deserve. I support his nomination. He players opposing an aggressive antago- Iraq also means dealing with difficult brings integrity and quality of mind to nist. Now, the curtain is about to rise situations. How will our military deal decisionmaking and judgment to the on a war with the same lead character, with hungry Iraqis taking to the street Ninth Circuit Court, a court of which Saddam Hussein, but only one great in mobs? What are we going to do my State of Idaho is a part. I strongly power opposing him, that great power about civilians exacting revenge on endorse Professor Bybee. being the one superpower in the world those who had oppressed them for so I yield the floor. today, the United States. Many coun- long? How will we prevent violence The PRESIDING OFFICER. The Sen- tries that played supporting roles in within and among Iraq’s multitude of ator from West Virginia. the last war look as though they will, tribes, ethnic groups, and religions? Mr. BYRD. Madam President, I this time, serve more as extras, seen I am not convinced that, right now, thank the distinguished Senator for his only in the crowd scenes without sup- the Administration has any idea of how

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3689 to deal with these scenarios, or the Hussein may turn tail and run. He may what the British military general says. dozens of other contingencies that want to live and fight another day. He The British general, Sir Mike Jack- might arise while the United States may decide to fight to the death. He son—here is what he said in an inter- serves as caretaker to a Middle Eastern may be willing to die himself while view published in a London newspaper country. others die around him. Who knows. But on February 23 of this year: The United States will then be faced there is no doubt in my mind that he In my view, the post-conflict situation will with the task of providing for the hu- will be deposed, one way or another. be more demanding and challenging than the manitarian needs of 23 million Iraqis, But in any event if we are successful conflict itself. 60 percent of whom are fully dependent in deposing Saddam Hussein and lim- In other words, the war we may soon on international food aid. The United iting the loss of life among our troops face in the Persian Gulf will be an en- State will have to make sure that and those of Iraqi civilians, the United tirely different campaign than was the roads and bridges are rebuilt so that States will have to reform the govern- war in 1991. humanitarian assistance can get ment of Iraq. According to an article Congress and the American people, through to where it will be needed. that appeared in the Washington Post the people in the galleries that extend That would be largely our responsi- on February 21, the post-Saddam plan from sea to shining sea, from the Gulf bility. That would not be the case if we crafted by the administration calls for of Mexico to the Canadian border, the were being attacked, if the United the U.S. military to take complete, people, the American people, those out States were being attacked by Iraq, if unilateral control of Iraq after a war, there who are looking upon this Cham- the United States were confronted with followed by a transition to an interim ber through that electronic lens, those an imminent and direct threat from administration by an American civil- people, the people need to know how Iraq. If that were the case, then we ian. This interim administration would long we can expect to occupy postwar would not be so morally responsible for purge Iraq of Saddam Hussein’s cronies Iraq. cleaning up the mess, for recon- and lay the groundwork for a rep- Last month, Under Secretary of structing, for rebuilding that which we resentative government. General Barry State Marc Grossman estimated that a will have destroyed. McCaffrey, who commanded ground military occupation of Iraq would take That is not the case. We will have to troops during the 1991 war, estimated 2 years. That estimate is hard to be- make sure that roads and bridges are in the article that the occupation lieve. Gen. Douglas MacArthur believed rebuilt so humanitarian assistance can would take 5 years. that the occupation of Japan after get through to where it will be needed. Let us remember that Iraq once had World War II would take no more than Electrical systems will have to be re- a colonial government under the flag of 3 years. It lasted 6 years and 8 months. paired. Who knows, some in this coun- Great Britain from 1920 to 1932. Iraqis The first U.S. military governor in try may have to be repaired when that revolted against British troops, leading Germany, Gen. Dwight Eisenhower, an- attack is launched. But we are talking one of the great men of the 20th cen- ticipated that the United States mili- about the morning after now, the post- tury, one of the great men of all time, tary would ‘‘provide a garrison, not a war Iraq. Winston Churchill to refer to the coun- government, except for a few weeks.’’ Electrical systems will have to be re- try as ‘‘these thankless deserts.’’ Instead, the first phase of the occupa- paired so that doctors can operate in Have you ever been in a sandstorm in tion of Germany lasted 4 years. their hospitals. Water systems must be the deserts of the Middle East? It is These types of missions have their maintained to provide drinking water quite an experience. own momentum. We have had United to the country as it enters the scorch- If the United States is to administer States troops in Bosnia for 7 years and Iraq for a period of years, we will run ing summer months and to provide United States soldiers in Kosovo for 31⁄2 the risk of being viewed as a new colo- sanitation to prevent the spread of dis- years. Let us not forget that Gov. nial power, no matter how pure our in- ease. Telephone systems will also be George Bush, as a Presidential can- tentions. Those who may greet us as needed to communicate with the dis- didate in 2000, said he would work to liberators in 2003 may increasingly tant parts of a country that is the size find an end to those peacekeeping mis- view us as interlopers in 2004, 2005, 2006, sions. But the United States is now of France, or a country that is seven and beyond. times the size of West Virginia. The United States will also face the looking at a peacekeeping mission in Protecting or rebuilding this critical task of reforming Iraq’s military. Fear- Iraq that dwarfs our deployment to the infrastructure may become a huge task ful that a weak Iraq could fuel the am- Balkans in every respect. in itself, as Saddam Hussein is appar- bitions of other regional powers, the I find it utterly confounding that a ently planning a scorched earth defense Department of Defense is now consid- President so opposed to nation building of his regime. Such a scorched earth ering how to take apart Iraq’s million- would then launch into military sce- defense could involve setting oil fields man army and rebuild it into a small- narios that so clearly culminate in ablaze. It could involve blowing up er, more professional force. While de- that very outcome. I have to wonder— dams. It could involve the destruction tails are still wrapped in secrecy, it ap- I have to wonder if this President is of bridges over rivers, two of the oldest pears that the United States will have simply so driven to act that he cannot rivers in the world, the Euphrates and a major hand in retraining and re- see that action itself is not the goal. the Tigris, in a country that when I equipping the post-Saddam Iraqi army. How far along was this administration was in school many years ago was re- We are already trying to build an Af- in planning military action in Afghani- ferred to as Mesopotamia, the land be- ghan national army of perhaps 70,000 stan before the question of what post- tween the two great rivers. Such a troops, but a new military for Iraq war Afghanistan would look like even strategy on the part of Saddam Hus- would have be several times that size. came up? There seems to be at least sein could involve sabotaging water One thing is for sure, the arms indus- some forethought about postwar Iraq, supplies or destroying food sources. tries must be salivating at the profits but how thoroughly has it been fore- U.S. military officers are now report- that could be made from building a thought? How thoroughly has it been ing that Iraqi troops dressed as U.S. new, modern Iraqi army from scratch. thought about? How thoroughly has it soldiers may seek to attack innocent These occupation and reconstruction been scrutinized? Iraqi civilians in an effort to blame the missions are all difficult risks and dif- The information given to Congress— West as being responsible for war ficult tasks. No wonder the ranking that’s that legislative branch up there, atrocities. general in the British military, Gen. the people’s representatives. Why, If we are successful in deposing Sad- Sir Mike Jackson, said in an interview those people down in the White House dam Hussein—and I don’t have any published in a London newspaper on view the legislative branch with con- doubt we will be successful in doing February 23: tempt, with disdain. Why should they that; there is any number of scenarios In my view, the post-conflict situation will let those people up there know what by which Saddam may be deposed. He be more demanding and challenging than the they, the people on Mt. Olympus, are may be assassinated. Assassinations do conflict itself. thinking? The information given to occur, as we read today in the news- We had better hear that. We had bet- Congress and to the American people, papers about an assassination. Saddam ter take note of that. Let’s hear again who pay all of us in public office—we

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3690 CONGRESSIONAL RECORD — SENATE March 13, 2003 are the hired hands. I am one of the Some have suggested that Iraqi oil artifacts—a country that goes back to hired hands. So is the President of the might take care of the post-war costs. the mists of biblical years, of Abraham, United States. He is just one of the According to the United Nations, if and Issac, and Jacob, and Joseph—a hired hands. Then why should we view Iraq’s oil production reached all-time country, a land of Ur, and a land be- those people, who pay us, with such highs, about $16 billion in revenue tween the two great rivers—after the contempt that we don’t think we ought could be generated each year. Right rebuilding of that ancient country, to let them in on these secrets? now, Iraq’s legitimate oil sales are sup- there will have to be another act of Oh, we don’t have to tell them. We posed to buy food and medicine for the U.S. unilateralism. There you are—an- don’t have to tell the people’s elected starving and ill. After a war, however, other act of U.S. unilateralism for representatives in Congress. We don’t those funds could be subject to claims which the American people are ill pre- have to tell them. We’ll let them know by Iraq’s creditors, who are owed at pared. what we estimate the cost to be when least $60 billion in commercial and offi- I yield the floor. we send up our bill, when we send up a cial debt. There is also the issue of $170 The PRESIDING OFFICER. The Sen- supplemental appropriations bill. billion in unpaid reparations to Ku- ator from Minnesota. Congress and the American people wait. Mr. DAYTON. Madam President, I should also know how much it will cost Mr. President, the big, black, endless first pay tribute to my very distin- to occupy Iraq. At least there must be pit we will find in Iraq after a war will guished colleague and senior Senator some estimates that have been care- not be filled with cheap oil for our gas- from West Virginia, whose eloquence fully wrought. The Army Chief of Staff, guzzling cars. The pit—that bottomless on this subject has been magnificent in General Shinseki, is standing by his es- pit—that we will find in Iraq will have the last months and whose leadership timates, given to the Armed Services to be fed with enormous amounts of in behalf of the wisdom of the Senate Committee, that ‘‘several hundred American dollars.—Courtesy of whom? and the tradition of the Senate has thousand’’ troops would be required to Courtesy of Uncle Sam. been recognized by—I believe the Sen- occupy Iraq. There is an Army Chief of The irony of investing huge amounts ator said over 20,000 telephone calls Staff who doesn’t back down. There is of money to rebuild Iraq when we have from fellow citizens came into his of- an Army Chief of Staff who doesn’t urgent needs here at home has not been fice in response to his outspoken cour- break and run. He said this a few days lost on late-night comedians. One talk- age. The Senator said he noticed in last ago. His estimate was disputed by the show host commented that if President Sunday’s New York Times a reprint of Defense Department. But General Bush’s plan to provide Iraqis with food, one of his famous speeches which he Shinseki didn’t cower. He is standing medicine, supplies, housing, and edu- by his estimate, given to the Armed gave here just a short while ago. cation proves to be a success, it could I thank the Senator for his gracious Services Committee, that several hun- eventually be tried in the United dred thousand troops would be required leadership on behalf of our country and States, too. on behalf of the institution of this Sen- to occupy Iraq. The comedians are on their toes. The Congressional Budget Office has ate. This Senator has learned more They are not overlooking any bets. about the Constitution and the tradi- provided estimates, based on an occu- If the United States leads the charge tions of this great institution from the pation force of 75,000 to 200,000 Amer- to war in the Persian Gulf, we may be Senator from West Virginia than from ican troops, it would cost $1 billion to lucky and achieve a rapid victory. I $4 billion—from $1 billion to $4 bil- any other source. I am grateful for that hope we will be lucky. Perhaps the education, which is actually the sub- lion—per month. odds for being lucky are, I guess, 90 to I said that right. The cost of occu- ject I want to bring up today because 1. But we may not be lucky. But even pying Iraq has been estimated to be $1 in a few moments we will begin voting if we are lucky, we will then have to billion to $4 billion per month. How once again on proceeding to a nomina- face a second war—a war to win the much is that money to us peons? Under tion to the second highest court. $4 billion. That is $1 to $4 for every peace in Iraq. That war will not be over Mr. BYRD. Madam President, if the minute since Jesus Christ was born. in a day, or a week, or a month, or a distinguished Senator will yield brief- Perhaps that can give us hillbillies a year. That war will last several years, ly— little better feel of what we are talking perhaps many years, and will surely Mr. DAYTON. I yield to the distin- about; $1 billion to $4 billion per cost hundreds of billions of dollars. guished Senator from West Virginia. In the light of this enormous task, it month. That is $12 billion to $48 billion Mr. BYRD. Madam President, may I per year; $33 million to $130 million per would be a great mistake to expect thank the distinguished Senator for his day; $23,000 to $93,000 per minute. And that this will be a replay of the 1991 overly charitable comments con- these enormous amounts do not in- war. The stakes are much higher in cerning this Senator. And I am indeed clude the cost of rebuilding Iraq. this conflict. grateful. I am grateful for the fact that One estimate by the United Nations Despite all of these risks and costs, it he on several occasions here during his Development Program says that at seems the administration continues to short career thus far in the Senate—I least $30 billion will be needed for re- move our country closer and closer and predict that it will be a long career, if construction in the first 3 years after a closer to war. It seems we have already he wishes to make it a long one—has war. The actual cost, of course, could lost patience. We have already lost pa- stood with me with regard to several be much higher. tience. We have stopped listening. This important subjects—subjects that deal If the United States initiates war administration, this President, has with the Constitution, deal with this against Iraq in the coming days, maybe stopped listening. The superhawks that institution, and that deal with war and a week—I find it a little hard to think surround him have stopped listening, if peace. it will be 2 weeks, but it could be. If they ever were listening. It seems we I thank him for standing shoulder to the United States initiates war against have already lost patience for a regime shoulder and toe to toe. I thank him Iraq in the coming days, we will be of arms inspections that might take likewise for what he brings to the Sen- hard pressed to share these staggering months to play out. But going to war ate—vigor and fresh insights, vision costs with our allies. We have foolishly will require our commitment to Iraq to that is beyond today’s 24 hours, a man engaged in a war of words with some of last years—years. whose kinsman served in the Constitu- our most powerful European allies, The problems with Iraq are not going tional Convention from the State of countries which could have been valu- to be solved when 700 cruise missiles New Jersey, and whose signature on able partners in rebuilding Iraq if war and 3,000 bombs land on that country in that Constitution will be there until were proven to be inevitable. the opening days and the opening kingdom come. Instead, it looks like the American nights of war. Assuming victory—and I I thank the Senator. taxpayer—you out there looking in assume victory—we will be on the The PRESIDING OFFICER (Mr. this Chamber—the American taxpayer hook. You know what that means. We CHAMBLISS). The Senator from Min- will be alone, all by himself, in shelling will be on the hook to rehabilitate nesota. out billions of dollars for new foreign Iraq. And I fear that the rebuilding of Mr. DAYTON. Mr. President, I thank aid spending. that ancient country with its ancient the Senator from West Virginia. I

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3691 would stand proudly with the Senator debate or discussion. The last 3 days ‘‘Bind him down from mischief by the on any matter shoulder to shoulder. I the debate has been on a bill that pur- chains of the Constitution.’’ believe I am 30-some years younger ports to ban partial-birth abortions, a Tie his hands? That was not enough. than the Senator. I wish I had the Sen- matter of importance, a matter of ‘‘Chain him to the Constitution.’’ ator’s vigor and eloquence to carry for- great concern to some, but not one We, in Congress, are supposed to be ward. I thank the Senator for those that required the attention of the Sen- chained to the Constitution. We took kind words. ate at this moment in time. an oath. When we were sworn in, we Taking what I have learned from the Now we move on to consider, once promised to support and defend the distinguished senior Senator from West again, a judicial nomination, then an- Constitution of the United States Virginia, I note, with dismay, that other judge; and before that there was against all enemies, foreign and domes- while this body has spent over 100 another judge. Does it appear we are tic, bear true faith and allegiance to hours on the Senate floor debating this avoiding something? Well, we are. We the same Constitution. judicial nomination, I compare that 100 are avoiding our constitutional respon- That was our oath and our allegiance hours on one judicial appointment with sibility, perhaps the most important written—not to the country, not to our the number of hours this year this body responsibility placed upon us by the State, not to our Government but to has spent discussing and debating a U.S. Constitution: whether to declare the Constitution of the United States declaration of war before commencing war. of America. a war against Iraq. As I have learned from the distin- The Founders of this Nation had And the answer is: Zero, not 1 hour, guished Senator from West Virginia, other admonitions for the United not 1 minute of formal debate in the the Constitution says—simply, clearly, States regarding the Constitution: Fol- 108th session of the Senate on this pro- emphatically—Congress shall declare low it or change it, but don’t ignore it found matter of war and peace, life and war, only Congress, no one else—not or evade it. death—even now, with this Nation the President, not the judiciary, not George Washington, in his Farewell poised on the brink of war, a war which the military—only Congress, only the Address, in 1796, said: the United States is instigating, with- 435 Representatives and 100 Senators If, in the opinion of the people, the dis- out direct provocation, without an im- elected by and acting for the people of tribution of constitutional powers be wrong, mediate threat to our national secu- the United States. let it be corrected by amendment in the way which the Constitution designates. But let rity; the first war under the new doc- Last October, a majority of the Mem- there be no change by usurpation, for though trine of preemption, a claimed right to bers of the 107th Congress—a majority this, in one instance, may be the instrument attack another country because they of the Members in the House and a ma- of good, it is the customary weapon by which might become a future threat; the first jority of the Senate—voted to transfer free governments are destroyed. war in which the United States is per- that authority to the President. Five Finally, an admonition from another ceived in the eyes of much of the rest months before he even made his own perspective, that of Edward Gibbon, of the world as the provocateur, as a final decision regarding war or peace, the author of the ‘‘History of the De- threat to world peace. Congress was asked to give him that cline and Fall of the Roman Empire.’’ The Times of London recently sur- authority that the Constitution assigns He said: veyed the English people and asked: only to us. And Congress did so. It The principles of a free constitution are ir- Who is the greatest threat to world passed a resolution that said the Presi- revocably lost when the legislative power is peace today? Forty-five percent named dent may use whatever means nec- taken over by the executive. Saddam Hussein, 45 percent named essary, including the use of force, In this sense, the legislative power President Bush. In Dublin, Ireland, the against Iraq. was not taken over by the Executive. poll was 31 percent Saddam Hussein, 68 Oh, we use such clever euphemisms We gave it away. Here, Mr. President, percent President Bush. In the Arab in the Senate, words which disguise the you decide. If you are right, we will try world, the populations are overwhelm- meaning of our intentions. Use ‘‘what- to share the credit. If you are wrong, ingly against a U.S. invasion of Iraq. ever means necessary.’’ And, oh, by the you take the blame. Osama bin Laden, with his most re- way, lest you forget, it is OK with us if Mr. BYRD. Mr. President, will the cent tape, is attempting to exploit you use force—not the lives of Amer- Senator yield? those emotions, exhorting the members ican men and women, not their bodies, Mr. DAYTON. The Senator yields. of his al-Qaida terrorist organization their blood, their patriotism—use The PRESIDING OFFICER. The Sen- and followers to rise up against the in- force—not the deadly, ear-splitting, ator from West Virginia. vader, the crusader, the United States. Earth-shaking, people-maiming, death- Mr. BYRD. Will the Senator from Those sentiments come as a great dealing bombs, and other weapons of Minnesota yield without losing his shock to us, as unwarranted and destruction, the most devastating, right to the floor? undeserved as they are. A few, unfortu- overwhelming, terrifying, death-deal- Mr. DAYTON. The Senator yields nately, in high levels in this adminis- ing force the world has ever known without losing his right to the floor. tration believe they don’t matter, that coming from us, the good guys, the Mr. BYRD. Mr. President, the Sen- they are irrelevant. protectors, the preservers of world ator from Minnesota is making a great Eighteen months ago, we had the peace, the United States of America. speech. It is great because of the sympathy and support of the entire What incredible foresight the Found- quotations the Senator from Minnesota world after the dastardly attacks of 9/ ers of this great Nation had in not has given to us today about that Con- 11, support and sympathy which has wanting a decision that enormous, that stitution. been needlessly squandered and which Earth-shaking or ear-shattering to be The Senator was one of the lonely 23 will not easily be regained. made by one person—not by this Presi- who voted not to give to this Presi- Here at home our citizens receive dent, not by any President. dent, or any other President—not to color-coded warnings of greater or less- Instead, this President asked for— attempt to hand over to this President er unspecified threats. They are told to and the 107th Congress acquiesced and or to any other President—the power stockpile water, food, plastic sheets, gave—complete, unrestricted, unre- to declare war, which is found in the and duct tape, or else they are told strained authority, with no conditions, eighth section of article I of the Con- nothing at all. no restraints to make that decision. stitution of the United States. The Secretary of Defense, testifying Don’t tie my hands, the President said. A nominee for a Federal judgeship before the Senate Armed Services Com- Don’t tie the President’s hands? came to me the other day. I said: mittee, on which I serve, said recently: What did the Founders of the country Where in the Constitution is the power We are entering what may prove to be think of that? Thomas Jefferson wrote, to declare war lodged? He didn’t re- the most dangerous security environ- in 1798: member. I said: Where in the Constitu- ment the world has known. In questions of power, then, let no more be tion is the vestment of the power to ap- In the midst of this ominous, dan- heard of confidence in man, but bind him propriate moneys? He knew it was gerous, fateful time, the 108th session down from mischief by the chains of the Con- there, but he didn’t know in what sec- of the Senate has devoted no time for stitution. tion that was to be found. Of course, I

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3692 CONGRESSIONAL RECORD — SENATE March 13, 2003 didn’t have any problem in reminding retary Powell’s presentation that the recent history of many OLC opin- him where both were to be found. morning to the United Nations. So I ions being made public, it is hard to be- But the Senator from Minnesota submitted written questions, as did a lieve that there are no opinions au- today is referring to the Constitution number of my colleagues. Unfortu- thored by Mr. Bybee that could be dis- of the United States, written in 1787, nately, I have to say after reviewing closed without damaging the delibera- signed by 39 individuals, among whom Mr. Bybee’s response to those ques- tive process. Indeed, it is very hard to was one kinsman of the distinguished tions that his unwillingness to provide give credence to the idea that OLC’s Senator from Minnesota, MARK DAY- information in response to our inquir- independence would be compromised by TON, and his name is found in that il- ies is striking. On more than 20 occa- the release of some selection of the lustrious roll of signers from the State sions, Mr. Bybee refused to answer a opinions of interest to members of the of New Jersey, William Livingston, question, claiming over and over again Judiciary Committee or the Senate. David Brearley, William Paterson, Jon- that as an attorney in the Department Without the OLC memos, important athan Dayton. The Senator from Min- of Justice he could not comment on questions about the nominee’s views on nesota, Mr. MARK DAYTON, voted to up- any advice that he gave at any time. how far the Government can go in the hold the Constitution, concerning This is unfortunately becoming a very war on terrorism, enforcing the rights which he has stood before that desk of familiar refrain of nominees before the of women, enforcing the rights of gays the Presiding Officer with his hand on Judiciary Committee. and lesbians, and other important the Bible and swore to support and de- I say unfortunate because it puts issues do not just remain unanswered, fend that Constitution. many of us in the position of having to they apparently remain off-limits. This Senator who sits in front of me, oppose nominees because they have not One of Mr. Bybee’s responses may ex- I now put my hand on his shoulder, been forthcoming. This was not the ap- plain the reluctance to make any OLC Senator KENT CONRAD, he was among proach taken by at least some Bush materials available. In his response to the 23, yes. He was on that illustrious nominees in the last Congress. Michael a question from Senator BIDEN about roll to which someone in ages hence McConnell, for example, was forth- why DOJ did not create an independent will point. The Senator from Illinois, coming in his testimony and answers Violence Against Women Office at DOJ Mr. DURBIN, sits here on the floor to written questions. He convinced me as required by Congress in a bill passed today. He, too, was one of the 23 who that he would put aside his personal last year, Mr. Bybee left the impres- stood for the Constitution on that day, views if he were confirmed to the sion that OLC may have either inten- when a majority of the Senate voted to bench. tionally omitted or ignored the key shift the power to declare war to the There is an extensive body of legal portions of the legislative history in President of the United States. But 23 work both written by or at least signed crafting its opinion. Senators voted to leave that authority off on by this nominee, in this case un- In a series of questions from Senator where the Constitution puts it: name- published Office of Legal Counsel opin- BIDEN about his involvement in DOJ’s ly, in Congress. ions. The administration and the nomi- decision on the VAWO, Mr. Bybee was What would Jonathan Dayton have nee are acting as if they are irrelevant given the opportunity to clarify his said could he have spoken on the day to the confirmation process. A nominee view of the law and correct what ap- that those 23 Members stood up for the cannot simply claim that he or she will pears to be a clearly erroneous inter- Constitution—21 Democrats, one Inde- follow Supreme Court precedent and pretation of the legislative history. In- pendent and one Republican—what ask us to take that assurance on faith, stead he seems to try to downplay the would Jonathan Dayton of New Jersey when there are written records that importance of his office’s legal analysis have said if he could have spoken to may help us evaluate that pledge, but on the decision. He states at one point: the Senate that day? What would his the nominee refuses to make those The structure of the letter would thus indi- advice to us have been? records available. cate that legislative history had no signifi- Mr. DAYTON. I think he would have Only three OLC opinions had been cant bearing on its analysis or conclusion. said it was a good thing we added West made publicly available since Mr. The members of the Judiciary Com- Virginia to the United States of Amer- Bybee’s confirmation to head that of- mittee are entitled to better. How can ica so we could have the distinguished fice. That is extraordinary, given that we be confident that Mr. Bybee will put Senator from West Virginia to give us 1,187 OLC opinions dating back to 1996 aside his personal policy views and the guidance he did that day. are publicly available. This is a dra- fairly interpret and apply the law as Since the hour is approaching for the matic change in the Department’s passed by this body, when it seems that vote under the rules, I will conclude practice, a change that did not occur his office crafted a legal opinion de- my remarks. until this nominee was confirmed to be signed to allow the Department of Jus- Mr. BYRD. I thank the distinguished Assistant Attorney General for the of- tice to willfully ignore clear legislative Senator for yielding. fice. While there may be some jus- intent? Perhaps the legal opinion itself Mr. DAYTON. I thank the Senator tification for releasing fewer opinions will shed some light on this question, for his kind words. since 9/11, the wholesale refusal to but we are not being permitted to see I respectfully urge the majority lead- share with the public and Congress im- it. er and all of my colleagues to turn portant OLC decisions affecting a wide Mr. Bybee also mischaracterized their attention to this fateful decision range of legal matters is, to say the many of his own writings and speeches when we return next week. A decision least, troublesome. and failed to directly answer most of whether or not to vote a declaration of But the failure to make OLC opinions the questions put to him about them, war is one that would be a very dif- available to the Judiciary Committee claiming he would simply follow exist- ficult vote, one that would be a career- during the consideration of a nominee ing Supreme Court precedent. As we all shaping or career-shattering vote, but for a seat on a circuit court is unac- know, the Supreme Court has not an- it would be one the Constitution re- ceptable. Even White House Counsel swered every legal question. It is our quires of us, as do our fellow citizens Alberto Gonzalez, in a letter Mr. Bybee circuit court judges that are routinely who elected us. And it is one that only cites in his written responses, agrees in the position of having to address we can and must do, to vote on whether that there is no universal bar to disclo- novel legal issues, not the Supreme or not to declare war. sure of OLC opinions. Gonzalez wrote Court. I urge the Senate to turn its atten- that: For example, I asked Mr. Bybee tion to that matter when it resumes No bright-line rule historically has gov- about his views, published in a law re- next week. erned, or now governs, responses to congres- view article, that we should consider I yield the floor. sional requests for the general category of repealing the 17th Amendment which Mr. FEINGOLD. Mr. President, I will Executive Branch ‘‘deliberative documents.’’ provides for the direct election of Sen- oppose the nomination of Jay Bybee to The administration should be able to ators. The nominee now simply states the Ninth Circuit Court of Appeals. I agree to an acceptable procedure to that Senators should be popularly was not able to attend the hearing that allow the Judiciary Committee to re- elected, almost claiming he had never was held on Mr. Bybee because of Sec- view Mr. Bybee’s OLC opinions. Given argued to the contrary in his article.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3693 His answers to my questions about this In addition, I am troubled by Mr. Estrada to be United States Circuit Judge article were evasive, not forthcoming. Bybee’s positions regarding gay rights. for the District of Columbia Circuit. Another telling example is his re- He has been very critical of the Su- Bill Frist, Orrin Hatch, Trent Lott, Rob- sponse to a series of questions from preme Court’s 1996 decision, Romer v. ert F. Bennett, Peter Fitzgerald, Jeff Sessions, John Ensign, Kay Bailey Senator EDWARDS about a 1982 article Evans, that struck down a Colorado Hutchison, Rick Santorum, Don Nick- in which he criticized the IRS decision constitutional amendment that prohib- les, Jim Talent, Lindsey Graham of to deny tax exempt status to Bob Jones ited local governments from passing South Carolina, Lisa Murkowski, Con- University because of its racially dis- laws to protect gay people. He called rad Burns, John Warner, John Sununu, criminatory practices. The article is such laws that protect gay people from Gordon Smith, Elizabeth Dole, Saxby full of statements revealing a disdain discrimination ‘‘preferences for homo- Chambliss, Christopher Bond, Susan for anti-discrimination policies and sexuals.’’ Collins, Wayne Allard, Lamar Alex- warned of a parade of horribles should In another gay rights case, he wrote ander, Norm Coleman, Pat Roberts, Craig Thomas, Larry E. Craig, Olympia the government continue to use its a brief defending the Defense Depart- spending power to advance such poli- Snowe, John McCain, James Inhofe, ment’s policy of subjecting gay and les- Jon Kyl, Lincoln Chafee, Judd Gregg, cies. bian defense contractors to heightened Richard G. Lugar, George Allen, Chuck Yet, in his written responses, Mr. review before deciding whether to give Grassley, George V. Voinovich, Mike Bybee seems to deny the very clear them security clearances. He argued Crapo, Michael B. Enzi, Thad Cochran, meaning of his written words. He goes that this policy was not a violation of Mike DeWine, Arlen Specter, Sam so far as to claim that he was only the Equal Protection Clause and ar- Brownback, Ben Nighthorse Campbell, commenting on the Government’s gued that such reviews were justified, Richard Shelby, Ted Stevens, Chuck Hagel, John Cornyn, Pete Domenici, change in position in the case and not in part, because some gays and lesbians the very important public policy issue Mitch McConnell, Jim Bunning. experienced ‘‘emotional instability.’’ The PRESIDING OFFICER. By unan- at the heart of the case. That, it seems I am also concerned that Mr. Bybee— to me, is an adventurous reading of the imous consent, the mandatory quorum as head of the Justice Department’s Of- call has been waived. article, at best. fice of Legal Counsel—has been in- Based on Mr. Bybee’s unwillingness The question is, Is it the sense of the volved in shaping some of the most to answer any question about his views Senate that debate on the nomination controversial policies of the Ashcroft on a wide range of issues, his distortion of Miguel A. Estrada, of Virginia, to be Justice Department. For example, he of his own limited but telling written United States Circuit Judge for the may have been involved in the new in- record, and the failure of the adminis- District of Columbia Circuit shall be terpretation of the second amendment. tration to provide any of his numerous brought to a close? He may have been involved in the OLC opinions to the Judiciary Com- The yeas and nays are required under TIPS program, in which people in the mittee for review, I must vote no on the rule. his nomination to the Ninth Circuit United States are encouraged to spy on their neighbors and coworkers and re- The clerk will call the roll. Court of Appeals. The senior assistant bill clerk called Mr. DURBIN. Mr. President, I rise port any conduct they find to be ‘‘un- usual.’’ the roll. today in opposition to the nomination Mr. REID. I announce that the Sen- of Jay Bybee for the Ninth Circuit He may have been involved in the de- ator from Delaware (Mr. BIDEN), the Court of Appeals. Mr. Bybee recently cision to declare the al Qaeda and Senator from North Carolina (Mr. passed out of the Judiciary Committee Taliban detainees at Guantanamo Bay EDWARDS), and the Senator from Mas- by a vote of 12 to 6. as prisoners of war under the Geneva Mr. Bybee is a smart person and a Convention. sachusetts (Mr. KERRY) are necessarily talented attorney—there is no argu- I say ‘‘may have been involved’’ be- absent. ment about that. But he is one of the cause he refused to tell us. In written I further announce that, if present most strident voices in the country in responses to 20 different questions we and voting, the Senator from North advocating states’ rights over Federal posed to him, he gave the following an- Carolina (Mr. EDWARDS) and the Sen- rights. swer: ator from Massachusetts (Mr. KERRY) For example—and I think members of As an attorney at the Department of Jus- would each vote ‘‘No.’’ the Senate here should take special tice, I am obligated to keep confidential the The PRESIDING OFFICER (Mr. note of this—he wrote a law review ar- legal advice that I provide to others in the SUNUNU). Are there any other Senators ticle arguing that the 17th amendment executive branch. I cannot comment on in the Chamber desiring to vote? was a bad idea. The 17th amendment, of whether or not I have provided any such ad- The yeas and nays resulted—yeas 55, course, is the amendment that allowed vice and, if so, the substance of that advice. nays 42, as follows: for direct election of United States Mr. Bybee is the most recent example [Rollcall Vote No. 53 Ex.] of an appellate court nominee who has Senators. YEAS—55 Mr. Bybee believes that ratification stonewalled the Senate Judiciary Com- mittee. I do not believe that such con- Alexander Dole Murkowski of the 17th amendment has resulted in Allard Domenici Nelson (FL) too much power for the Federal govern- duct should be rewarded. Allen Ensign Nelson (NE) ment, and too little for the States. I oppose the nomination of Mr. Bybee Bennett Enzi Nickles Here is what he said in his law review to the Ninth Circuit. Bond Fitzgerald Roberts Breaux Frist Santorum article: f Brownback Graham (SC) Sessions If we are genuinely interested in fed- Bunning Grassley Shelby NOMINATION OF MIGUEL A. Burns Gregg eralism as a check on the excesses of the na- Smith ESTRADA, OF VIRGINIA, TO BE Campbell Hagel tional government and therefore, as a means Snowe Chafee Hatch of protecting individuals, we should consider UNITED STATES CIRCUIT JUDGE Specter FOR THE DISTRICT OF COLUM- Chambliss Hutchison repealing the 17th Amendment. Cochran Inhofe Stevens I, for one, disagree. BIA CIRCUIT—CONTINUED Coleman Kyl Sununu Collins Lott Talent On behalf of a conservative founda- CLOTURE MOTION Cornyn Lugar Thomas tion, Mr. Bybee wrote a successful ami- The PRESIDING OFFICER. Under Craig McCain Voinovich cus brief in the 2000 case United States the previous order, the clerk will re- Crapo McConnell Warner v. Morrison, in which the Supreme port the motion to invoke cloture. DeWine Miller Court struck down part of the Violence The assistant legislative clerk read NAYS—42 Against Women Act. Mr. Bybee wrote as follows: Akaka Clinton Feingold that Congress had no power under ei- CLOTURE MOTION Baucus Conrad Feinstein ther the Commerce Clause or the 14th Bayh Corzine Graham (FL) We the undersigned Senators, in accord- amendment to pass crucial provisions Bingaman Daschle Harkin ance with the provisions of Rule XXII of the Boxer Dayton Hollings of this law. I thought this was settled Standing Rules of the Senate, do hereby Byrd Dodd Inouye law 75 years ago. Mr. Bybee thinks it is move to bring to a close debate on Executive Cantwell Dorgan Jeffords time to revisit this notion. Calendar No. 21, the nomination of Miguel A. Carper Durbin Johnson

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3694 CONGRESSIONAL RECORD — SENATE March 13, 2003 Kennedy Lieberman Reid Mr. DODD. Mr. President, I ask unan- way out of the mainstream on the left Kohl Lincoln Rockefeller Landrieu Mikulski Sarbanes imous consent to proceed as in morn- side. Therefore, I think Jay Bybee will Lautenberg Murray Schumer ing business so as not to interrupt the provide some balance. Leahy Pryor Stabenow debate on the nomination. Let me repeat, if he were nominated Levin Reed Wyden The PRESIDING OFFICER. Without to another court, I might have evalu- NOT VOTING—3 objection, it is so ordered. ated this differently. But when it Biden Edwards Kerry (The remarks of Mr. DODD are printed comes to nominations, I mean what I in today’s RECORD under ‘‘Morning The PRESIDING OFFICER. On this say and I say what I mean. There has Business.’’) vote, the yeas are 55, the nays are 42. to be balance. Standards cannot only The PRESIDING OFFICER. The Sen- Three-fifths of the Senators duly cho- apply when they help achieve the de- ator from New York. sen and sworn not having voted in the sired outcome. Mr. SCHUMER. Mr. President, I want affirmative, the motion is rejected. I want to be as fair and honest as I to speak for 3 minutes on the nominee. can be in this process. I have developed f I can do it before or after my leader on a set of criteria for evaluating nomi- JAY S. BYBEE, OF NEVADA, TO BE the Judiciary Committee. nees. I don’t pretend to change them UNITED STATES CIRCUIT JUDGE Mr. LEAHY. I tell my friend from when after applying those criteria the FOR THE NINTH CIRCUIT—Contin- New York, I have allowed others to go, scales tip in favor of supporting a ued but one more doesn’t bother me, espe- nominee many of my friends oppose. The PRESIDING OFFICER. The Sen- cially someone as good as the Senator I respect those who arrive at a dif- ate will resume consideration of the from New York. I certainly have no ob- ferent conclusion. I understand their Bybee nomination. jection. reasoning. I intend to vote yes on Mr. Who yields time? Mr. SCHUMER. I thank my col- Bybee. Mr. GREGG. I suggest the absence of league. I will try to be brief and leave I yield the floor. a quorum. the majority of the remaining time for The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The him. ator from Vermont. clerk will call the roll. I rise in support of the nomination of Mr. LEAHY. Mr. President, we have The senior assistant bill clerk pro- Jay Bybee for the Ninth Circuit Court moved the time up, I realize, in the ceeded to call the roll. of Appeals. I realize that my support— next 6 minutes for the first vote. That Ms. COLLINS. Mr. President, I ask I was one of two Democrats on the Ju- is something I have agreed to accom- unanimous consent that the order for diciary Committee to be for Mr. modate a number of Senators on both the quorum call be rescinded. Bybee—may surprise some people, so I sides of the aisle who have commit- The PRESIDING OFFICER. Without wanted to explain for a few moments ments. As a result, also as a result of objection, it is so ordered. why I will be voting to confirm him. yielding time to the distinguished Sen- Ms. COLLINS. Mr. President, I ask As most of my colleagues know, I use ator from Alabama, who had one of the unanimous consent that I be recog- three criteria to evaluate judicial nominees and, of course, appropriately nized as in morning business for up to nominees: Excellence, moderation, di- should be speaking, and others, I will 10 minutes for the purpose of intro- versity. not be able to say all the things I want- ducing a bill. Excellence, legal excellence, Mr. ed to. The PRESIDING OFFICER. Without Bybee meets that criteria. Diversity, I ask unanimous consent that I be objection, it is so ordered. you can’t judge that by one individual, recognized for 20 minutes after the con- The Senator from Maine is recog- but the Bush administration has been clusion of the final rollcall vote today. nized. pretty good, certainly not terrible, in The PRESIDING OFFICER. Without (The remarks of Ms. COLLINS per- terms of diversity. objection, it is so ordered. taining to the introduction of S. 616 are It is moderation where I have had the Mr. LEAHY. Obviously, as usual, printed in today’s RECORD under greatest problem with some of the should the leaders have other plans for ‘‘Statements on Introduced Bills and President’s nominees. I don’t believe in that, I will do my usual courtesy of Joint Resolutions.’’) judicial nominees too far left or too far yielding to them. Ms. COLLINS. I yield the floor and right because in each case, they tend to (The remarks of Mr. LEAHY are print- suggest the absence of a quorum. make law, not interpret law, as the ed in today’s RECORD under ‘‘Morning The PRESIDING OFFICER. The Founding Fathers said they should. I Business.’’) clerk will call the roll. believe there has to be balance, balance The PRESIDING OFFICER. The The assistant legislative clerk pro- on the courts. And I have said this question is, Will the Senate advise and ceeded to call the roll. many times, but there is nothing consent on the nomination of Jay S. Mr. REID. Mr. President, I ask unan- wrong with a Justice Scalia on the Bybee, of Nevada, to be United States imous consent that the order for the court if he is balanced by a Justice Circuit Judge for the Ninth Circuit? On quorum call be rescinded. Marshall. I wouldn’t want five Scalias, this question, the yeas and nays are re- The PRESIDING OFFICER. Without but one might make a good and inter- quired. objection, it is so ordered. esting and thoughtful court with one Mr. LEAHY. Mr. President, I ask for Mr. REID. Mr. President, the two Brennan. A Rehnquist should be bal- the yeas and nays. leaders have agreed that the vote on anced by a Marshall. The PRESIDING OFFICER. Is there a the circuit judge would occur at 3:45. I Jay Bybee, make no mistake about sufficient second? am sure there will be a unanimous con- it, is a very conservative nominee. It is There is a sufficient second. sent brought here soon. fair to put him in a similar category The yeas and nays were ordered. Mr. SESSIONS. Mr. President, I ask with many of the more conservative Mr. LEAHY. Mr. President, par- unanimous consent that at 3:45 all time nominees we have had. If Mr. Bybee liamentary inquiry: Who is the next be yielded and the Senate proceed to were nominated to another court that judge after this? the first vote, which is on the con- is hanging in the balance or where The PRESIDING OFFICER. That firmation of Mr. Bybee. most of the nominees were conserv- would be Judge Steele from the State The PRESIDING OFFICER (Mr. ative, I probably wouldn’t vote for him. of Alabama. SMITH). Without objection, it is so or- If he were nominated for the Supreme Mr. LEAHY. Mr. President, I under- dered. Court, for example, there would be a stand we also have J. Daniel Breen, of The Senator from Connecticut. different calculus. But Mr. Bybee is Tennessee, on the list. I ask unanimous Mr. DODD. Mr. President, might I in- nominated to the Ninth Circuit. The consent that it be in order to ask for quire, what is the pending business be- Ninth Circuit is by far the most liberal the yeas and nays on his nomination. fore the Senate? court in the country. Most of the nomi- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The nees are Democratic from Democratic objection, it is so ordered. pending business is the nomination of Presidents. It is the court that gave us Mr. LEAHY. I ask for the yeas and Jay S. Bybee. the Pledge of Allegiance case which is nays.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3695 The PRESIDING OFFICER. Is there Without objection, it is so ordered. trict judge for the Southern District of sufficient second. (The foregoing tally has been Alabama. He is one of America’s finest There is a sufficient second. changed to reflect the above order.) magistrate judges—a magistrate judge The yeas and nays were ordered. The PRESIDING OFFICER. The Sen- who does a lot of the kind of legal work Mr. LEAHY. I thank the Chair. ator from Nevada is recognized. that goes on in every Federal court- The PRESIDING OFFICER. The Mr. REID. Mr. President, following house in America. Magistrate judges clerk will call the roll with respect to this vote, I ask that the majority lead- are not title III Federal judges, but the Bybee nomination. er be recognized; following that, that they do much the same work day after The bill clerk called the roll. Senator LEAHY be recognized; following day that Federal judges do. Mr. FRIST. I announce that the Sen- that, Senator KENNEDY. During his time as a magistrate ator from Colorado (Mr. CAMPBELL), The PRESIDING OFFICER. Without judge, Judge Steele has had firsthand the Senator from Texas (Ms. objection, it is so ordered. experience in the work, and he has won HUTCHISON), the Senator from Arizona f the respect of the bench and the bar in (Mr. KYL), and the Senator from Ken- southern Alabama. NOMINATION OF WILLIAM H. tucky (Mr. MCCONNELL) are necessarily He has been in training now for 12 STEELE, OF ALABAMA, TO BE absent. years for this position. In the Southern UNITED STATES DISTRICT Mr. REID. I announce that the Sen- District of Alabama the magistrates JUDGE FOR THE SOUTHERN DIS- ator from Delaware (Mr. BIDEN), the are used to an extraordinary degree by TRICT OF ALABAMA Senator from North Carolina (Mr. the Federal judges who allow the mag- EDWARDS), and the Senator from Mas- The PRESIDING OFFICER. The istrates to do as much work as pos- sachusetts (Mr. KERRY) are necessarily question is, Will the Senate advise and sible. And they frequently preside over absent. consent to the nomination of William civil cases with the consent of the par- I further announce that, if present H. Steele, of Alabama, to be the United ties involved. and voting, the Senator from North States District Judge for the Southern I have talked with other lawyers and Carolina (Mr. EDWARDS) would vote District of Alabama? judges in Alabama. They are very ex- ‘‘no.’’ The nomination was confirmed. cited about his nomination and look I further announce that, if present Mr. HATCH. Mr. President, I support forward to his confirmation. and voting, the Senator from Massa- the nomination of Judge William Some people talk about public serv- chusetts (Mr. KERRY) would vote Steele to the United States District ice, but throughout his life, Bill Steele ‘‘aye.’’ Court for the Southern District of Ala- has done more than just talk. Judge The PRESIDING OFFICER. Are there bama. Steele has dedicated the better part of any other Senators in the Chamber de- Judge’s Steele’s professional record his life to public service and has served siring to vote? indicates that he is eminently qualified both this country and the State of Ala- The result was announced—yeas 74, for the federal trial bench. Upon grad- bama well. After graduating summa nays 19, as follows: uation from the University of Alabama cum laude from the University of [Rollcall Vote No. 54 Ex.] School of Law, Judge Steele clerked Southern Mississippi in 1972, Judge YEAS—74 for the Tuscaloosa County district Steele served in the U.S. Marine Corps Akaka DeWine Lugar court. As an Assistant District Attor- as an officer, pilot, and instructor Alexander Dodd McCain ney in Mobile, he handled hundreds of pilot. During his service in the Marine Allard Dole Miller Allen Domenici Murkowski criminal matters, including more than Corps, Judge Steele participated in the Baucus Dorgan Nelson (FL) 75 jury trials. Upon being promoted to operation to evacuate American citi- Bayh Ensign Nelson (NE) Chief Assistant District Attorney, he zens from Lebanon in 1976. He also Bennett Enzi Nickles Bingaman Fitzgerald was significantly involved in the cre- served in the Alabama National Guard Pryor ation of the Child Advocacy Center for Bond Frist Reid as a pilot and as commanding officer of Breaux Graham (FL) Roberts physically and sexually abused chil- an assault helicopter company. Brownback Graham (SC) Rockefeller dren. He then served as an Assistant After serving his country in the Ma- Bunning Grassley Santorum Burns Gregg United States Attorney prosecuting rine Corps, Judge Steele attended the Schumer Cantwell Hagel mail fraud, public corruption, drug vio- University of Alabama School of Law. Sessions Carper Hatch lations, firearms violations, and tax After law school, he was employed as Chafee Hollings Shelby Chambliss Inhofe Smith code violations. an assistant district attorney in Mo- Cochran Jeffords Snowe In addition to his broad federal and bile, AL, and worked for 6 years in the Coleman Johnson Specter state criminal experience, Judge Steele office of a Democrat district attorney. Collins Kohl Stevens has considerable civil experience. In I was U.S. attorney during that time. Conrad Landrieu Sununu Cornyn Leahy Talent the private sector, while continuing to That is where I got to know Bill. Our Craig Lieberman Thomas maintain a viable state and federal staff worked closely with the district Crapo Lincoln Voinovich criminal trial and appellate practice, attorney’s office, and they always Daschle Lott Warner he also handled domestic relations came back with the most glowing opin- NAYS—19 matters, civil litigation in State and ions of Bill Steele and his integrity, his Boxer Feinstein Murray Federal court, representation of claim- judgment, and his fidelity to truth and Byrd Harkin Reed ants in social security matters, and justice. Clinton Inouye Sarbanes representation of the Alabama Depart- Later, Judge Steele became chief as- Corzine Kennedy Stabenow Dayton Lautenberg Wyden ment of Human Resources in child cus- sistant district attorney in Mobile. I Durbin Levin tody matters. got to know him well during that time Feingold Mikulski Since 1990, Judge Steele has served as and developed great respect for him. I NOT VOTING—7 a Federal magistrate judge. In this ca- think he tried 100 or more trials as an Biden Hutchison McConnell pacity, he has handled a wide range of assistant district attorney. Then, in Campbell Kerry civil matters, preliminary criminal 1987, given his reputation for excel- Edwards Kyl matters, prisoner cases, and social se- lence, I hired him as an assistant attor- The nomination was confirmed. curity appeals. ney in the U.S. Attorney’s Office. I can CHANGE OF VOTE I know that Judge Steele will be a say without reservation that during his Mr. DAYTON. Mr. President, on roll- credit to the Federal bench and will service, while I was a U.S. Attorney in call vote No. 54, I voted aye. It was my honorably serve the citizens of south the Southern District of Alabama, intention to vote no. Therefore, I ask Alabama. I thank my colleagues for Judge Steele did not disappoint. Judge unanimous consent that I be permitted voting for his confirmation. Steele tried a number of cases while he to change my vote since it will not af- Mr. SESSIONS. Mr. President, I am was in the U.S. Attorney’s Office, fect the outcome of the vote. pleased to be able to make some re- which is the Federal system in which The PRESIDING OFFICER. Is there marks in support of the nomination of he will now be a district court judge. objection? Judge William H. Steele to be U.S. dis- He held that position for 2 years and

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3696 CONGRESSIONAL RECORD — SENATE March 13, 2003 then went into private practice and did Judge Steele was employed as an As- for being eminently fair and impartial an excellent job there. sistant District Attorney in Mobile, throughout the bar association. And He was instrumental as a private Alabama, and worked for six years for having worked with him personally, I practitioner and chief assistant district a democrat District Attorney. At the know that he is an individual with un- attorney, in the establishment of the District Attorney’s Office, Judge questioned integrity and the utmost Child Advocacy Center, an agency de- Steele distinguished himself as an out- character. voted to identifying and providing as- standing advocate, litigating close to, I will just say this: when it comes to sistance to child victims of physical if not more, than 100 jury trials. In rec- serving with the distinction, it is the and sexual violence. ognition of his legal skills and leader- lawyers in the community who know a In 1990, the Federal court in the ship qualities in the District Attor- judge the best. Here is what Fred Gray, Southern District of Alabama com- ney’s Office, Judge Steele was ap- former counsel to the late Reverend menced its search process for a U.S. pointed as Chief Assistant District At- Dr. Martin Luther King, Jr., had to say magistrate. They usually have 60 or torney in 1985. As the Chief Assistant, about Judge Steele in a letter to the more applications. It is a very competi- Judge Steele was instrumental in es- Senate Judiciary Committee sup- tive process. The judges want the very tablishing, the Child Advocacy Center, porting his confirmation: finest lawyer—someone who would an agency devoted to identifying and I have practiced law in the State of Ala- make a superb judge because the better providing assistance to, child victims bama and before all the federal district courts . . . I realize that it is important that work that magistrate does, the more of physical and sexual violence. all the judges who serve on the courts . . . relief the Federal district judges get. In 1987, given his reputation in the are one[s] who possess the necessary per- After all that competition, he won and community for excellent legal abilities sonal characteristics, experience, practical was hired. and personal skills, I was proud to hire knowledge, legal skills and professional For 13 years now he has served as a Judge Steele as an Assistant U.S. At- background, so they will administer justice magistrate judge. He has done so many torney in the Southern District of Ala- in a fair and impartial manner. different cases. bama. I can say without reservation, I have discussed [Judge Steele’s] qualifica- tions generally and specifically with ref- Bill Steele is one of Alabama’s most that during his service, while I was the erence to intelligence, honesty, morality, in- outstanding magistrate judges, and I U.S. Attorney in that office, Judge tegrity, maturity, stability, demeanor and am confident that he will be an even Steele did not disappoint. I found him temperament with members of the bar who better district court judge. I have fol- to be a first-rate lawyer who set the know him and have practiced before him and lowed Judge Steele’s career since the standard for integrity by treating all other judges who sit on some of the courts in time I worked with him at the U.S. At- parties with respect. Mobile. Based upon their representations to torneys Office in the Southern district In 1990, Judge Steele was appointed me, Judge Steele possess all the necessary qualities for a [federal judgeship]. of Alabama, so I know from firsthand to the position, which he currently I have had the opportunity to meet with experience what kind of individual holds, as a United States Magistrate Judge Steele personally . . . I believe he will Judge Steele is. This statement will Judge. He has served in this position be fair to all litigants who appear before him not do him justice. He is a nominee of with distintion, handling a full array of . . . regardless of color or national origin or the highest order, and it is an under- criminal and civil matters in federal the type of litigation. I believe he will ad- statement when I say that I am pleased court. The Southern District of Ala- minister justice tempered with mercy. that President Bush has chosen to bama has a heavy caseload, and the I do not believe that you could re- nominate Magistrate Judge William H. judges there depend on magistrate ceive a better endorsement than this Steele for elevation to the Southern judges to go beyond preliminary crimi- one. District of Alabama. nal matters and social security cases. The lawyers and individuals who know Judge Steele best, because they As a magistrate judge, Judge Steele The magistrate judges in the Southern have worked with him and practiced in has been training for a district court District are in rotation to receive 25 front of him, have all voiced support. position for the last 12 years, and be- percent of the civil docket, where the Since his nomination has been pending, cause the Southern District of Ala- parties consent. So Judge Steele has Judge Steele has been endorsed by a bama utilizes magistrate judges to a been doing the job of a district judge, number of individuals including the greater extent than most other dis- including presiding over civil jury current President and 16 former presi- tricts, he will be able to hit the ground trials in many instances. It is my un- dents of the Mobile Bar Association, running in his new position. I have had derstanding, from talking to lawyers several former president of the Bir- conversations with the other judges in who practice in the Southern District, mingham Bar, and several former the Southern district and I know that that Judge Steele has managed his presidents of the Alabama Bar Associa- they are as excited about Judge docket well and the numbers show it. tion. Steele’s nomination as I am, so I am This is simply an outstanding nominee. The Vernon Z. Crawford Bay Area— glad that we can move forward with his Judge Steele has not only been a African-American—Bar Association of confirmation. leader in the workforce, but has been a Mobile, AL gave its unanimous en- Some people talk about public serv- leader and a active participant in his dorsement: ice, but throughout his life, Judge community as well, serving on the The . . . Association strongly recommends Steele has done more than just talk. board of the Child Advocacy Center Magistrate Bill Steele for this position be- Judge Steele has dedicated the better that he helped establish. And for the cause he recognizes and is sensitive to the part of his life to public service and has record, Judge Steele does not shy away issues facing African American lawyers and served both this country and the great from the arts. Judge Steele often vol- the African American community. . . . We state of Alabama well. After grad- unteers his time to support First Night give Magistrate Steele our highest rec- uating summa cum laude, from the Mobile, a family-oriented, New Year’s ommendation. University of Southern Mississippi in Eve, alcohol-free celebration of the Major General Gary Cooper, USMC— 1972, Judge Steele served in the United arts, and he regularly performs with Ret., former Ambassador to Jamaica, States Marine Corps as on officer, the Mobile Symphonic Pops as a saxo- president of a Commonwealth National pilot, and instructor pilot. During his phone player. Bank in Mobile, AL, and an African service in the Marine Corps, Judge I acknowledge, that all of these acco- American: Steele participated in the operation to lades would be futile, if Judge Steele As an African American citizen of Mobile evacuate American citizens from Leb- had not demonstrated commitment to and as a retired Marine, I appreciate what William Steele has done for his community anon in 1976. Judge Steele also served the rule of law and to the Constitution, as a county and federal prosecutor and fed- in the Alabama National Guard as a during his service as a magistrate eral magistrate, and what he has done for his pilot and as the commanding officer of judge. In my view, this is the first and country as a Marine helicopter pilot. His an assault helicopter company. foremost requirement for a federal record indicates that he will make a fine . . . After serving his country in the Ma- judge. This is what our democracy Judge. rine Corps, Judge Steele attended the hinges upon, and I know that Judge Joy Williams, former law clerk to University of Alabama School of Law, Steele is committed to that require- Magistrate Judge Steele and an Afri- graduating in 1980. After law school, ment. Judge Steele has a reputation can American:

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3697 [W]hile I was the only person of color County who employed Steele as a pros- Parks bus boycott case. He worked di- clerking on the court at the time, I truly felt ecutor for several years. rectly with Dr. Martin Luther King, comfortable and accepted from the moment I Alex Bunin, Federal Public Defender, Jr., at that time. He has written an ex- interviewed with Judge Steele. He has never Districts of Northern New York and cellent book describing the bus ride to given me a reason to question the sincerity justice. of his support of me and my endeavors both Vermont. professionally and personally. Greg Breedlove, on behalf of the He writes to me his strong support unanimous firm of Cunningham, for Judge Steele. He realizes he said it Merceria Ludgood, Assistant County is important that all judges who serve Attorney for Mobile County, former Di- Bounds, Yance, Crowder and Brown, L.L.C. in Mobile, Alabama—prominent on the courts possess the necessary rector of Program Services for Legal personal character, experience, knowl- Services Corporation in Washington, Democratic, plaintiffs’ firm. John Morrow, former president of the edge, legal skills, and professional D.C., and former Executive Director of Birmingham Bar Association and long- background so they will administer Legal Services Corporation of Ala- time practicing attorney with one of justice in a fair and impartial way. bama: the largest firm’s in Birmingham, AL. He went on to explain his meeting Magistrate Judge Steele is one of the fin- with Judge Steele—his knowledge of est men I have ever known. Never once have Ed Allen, 38-year practitioner with one of the largest firms in Bir- him, and his support for him. Group I believed his actions to be motivated by pol- after group has written on Judge itics or ambition. He simply wants to do the mingham, Alabama, and former mem- ber of the Executive Committee of the Steele’s behalf. right thing for the right reasons. I believe this Senate will make a Birmingham Bar Association, and the Robert D. Segall, attorney for the wise decision if Judge Steele is con- Labor and Employment sections of the American Civil Liberties Union in the firmed. I have absolutely no doubt that American Bar Association and the Ala- case opposing the display of the Ten this fine nominee will serve with dis- bama Bar Association. Commandments in an Alabama court- tinction. He will serve and treat every Henry Brewster, Mobile, AL, Demo- room: party before the court with courtesy. Judge Steele is an outstanding selection, is crat plaintiff’s lawyer whose practice He will control his court with firmness very highly qualified, and I respectfully urge focuses on employment discrimination but fairness. He will demonstrate in- his prompt confirmation. cases. tegrity. And, most of all, every day Carlos A. William, Southern District Jerry McDowell, long-time practi- that he goes to work, Bill Steele will of Alabama Federal Defenders Organi- tioner from Mobile, AL. sit there and try to do what he can to zation: This support, in my view, confirms produce justice. During the years I have practiced in [Judge that President Bush made the right de- I am delighted he has been able to Steele’s] court, I have come to know a jurist cision in nominating Judge Steele. move through the process. I thank my of integrity, professionalism and compas- Judge Steele has the professional colleagues in the Senate for their help. sion, and I have grown to respect his judge- qualifications, integrity, professional I saw Senator LEAHY earlier. I con- ment. . . . [I] note that every lawyer in my competence and judicial temperament gratulated him and thanked him for al- office, Kristen Gartman Rogers, K. Lyn to serve on the federal bench in the lowing this nomination to move for- Hillman Campbell and Christopher Knight, Southern District of Alabama. The in unsolicited comments, have expressed ward. their support for Magistrate Steele’s nomi- ABA has acknowledged such, rating I thank Senator HATCH for his deter- nation. It is therefore without hesitation him unanimously qualified. As a mag- mination to move nominees, who are that I send this letter in support of Mag- istrate judge in the Southern District qualified, forward to confirmation. istrate William Steele’s nomination. of Alabama, he is practically already As I said, I am confident in Judge Larry C. Moorer, long time practi- doing the job. Judge Steele will make Bill Steele. The courts of the United tioner in Mobile, Alabama and an Afri- an excellent addition to the federal States will have a superstar who will can American: bench, and deserves to be confirmed by do a superb job. Over the years, I have handled several this Senate. I look forward to sup- f legal matters before Magistrate Judge Steele porting Judge Steele and to casting my NOMINATION OF J. DANIEL BREEN, . . . He has shown over the years that he is vote in favor of his confirmation. I OF TENNESSEE, TO BE UNITED fair and impartial, and will rule according to urge my colleagues to support Judge the law regardless of public opinion or pos- STATES DISTRICT JUDGE FOR Steele. THE EASTERN DISTRICT OF TEN- sibly his own personal feelings. . . . Mag- I yield the floor. NESSEE istrate Judge Steele provides a level playing I want to say I don’t know that I field . . . [and] he possesses the attributes The PRESIDING OFFICER. The for being an outstanding appellate judge. have met a finer individual, a more dedicated patriot than Judge Bill question is, Will the Senate advise and Larry Sims, President of the Mobile Steele. He is someone I admire and consent to the nomination of J. Daniel Bar Association and 16 former presi- someone who is admired by people I ad- Breen, of Tennessee, to be United dents. mire. People who have good judgment States District Judge for the Western Numerous officers and members of of character think he is first rate. District of Tennessee? the Women of the Mobile Bar Associa- The Bar Association in the Southern On this question, the yeas and nays tion. District of Alabama has unanimously have been ordered, and the clerk will Hodge Alves, President of the Mobile call the roll. told me time and again how much they Chapter of the Federal Bar Associa- The legislative clerk called the roll. tion. appreciate him and how well they Mr. FRIST. I announce that the Sen- Several former presidents of the think he will do as a Federal judge. ator from Colorado (Mr. CAMPBELL), Montgomery Bar Association. And I am very pleased for him. the Senator from Texas (Ms. Bruce Rogers, incoming president of He has received support from a large HUTCHISON), the Senator from Arizona the Birmingham Bar Association, and a number of different sources. Of course, (Mr. KYL), and the Senator from Ken- number of former presidents. the established bar in the Southern tucky (Mr. MCCONNELL) are necessarily Warren Lightfoot, former president District of Alabama speaks very highly absent. of the Alabama Bar Association, and of him. Mr. REID. I announce that the Sen- managing partner of one of the most You ask what about others? What do ator from Delaware (Mr. BIDEN), the respected litigation firms in Bir- they say about him? The President of Senator from North Carolina (Mr. mingham, AL. the Alabama Bar Association for the EDWARDS), the Senator from Massachu- Jim North, a prominent Democrat in State is Mr. Fred Gray. He was former setts (Mr. KERRY), and the Senator Birmingham, former clerk for Justice counsel for the late Rev. Dr. Martin from Georgia (Mr. MILLER) are nec- Hugo Black, and former President of Luther King, Jr., and has tried some of essarily absent. the Alabama Bar Association. the most historic cases in the history I further announced that, if present Rosemary Chambers, Circuit Judge of the United States. and voting, the Senator from North of Mobile County. He was involved in New York Times Carolina (Mr. EDWARDS) and the Sen- Chris Galanos, a Democrat and v. Sullivan and Chameleon v. Light ator from Massachusetts (Mr. KERRY) former District Attorney of Mobile Foot and was the attorney on the Rosa would each vote ‘‘aye’’.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3698 CONGRESSIONAL RECORD — SENATE March 13, 2003 The PRESIDING OFFICER. Are there heard from many in the Tennessee bar confident that Judge Breen will con- any other Senators in the Chamber de- praising Judge Breen’s thoughtfulness tinue to be an able Federal judge when siring to vote? and judicial temperament. Judge Breen he is confirmed as a United States Dis- The result was announced—yeas 92, is a dedicated, hard working and even- trict Judge for the Western District of nays 0, as follows: handed jurist. Tennessee. [Rollcall Vote No. 55 Ex.] Judge Breen’s record has prepared Judge Breen was born and raised in YEAS—92 him to be ready for this job beginning Jackson, TN. He was a summa cum Akaka Dodd Lott on day one. I am honored to support his laude graduate of Spring Hill College Alexander Dole Lugar confirmation, and I know he will serve in Mobile, AL in 1972, and was valedic- Allard Domenici McCain the Western District of Tennessee as a torian of his class. He received his Allen Dorgan Mikulski U.S. District Judge with distinction. I Juris Doctorate from the University of Baucus Durbin Murkowski Bayh Ensign Murray thank my colleagues for voting for his Tennessee College of Law in 1975, where Bennett Enzi Nelson (FL) confirmation. he served as a member of the law re- Bingaman Feingold Nelson (NE) Mr. HATCH. Mr. President, I am view. Bond Feinstein Nickles pleased today to support Judge John After receiving his law degree, Judge Boxer Fitzgerald Pryor Breaux Frist Breen, who has been nominated to the Reed Breen worked for sixteen years with Brownback Graham (FL) Reid U.S. District Court for the Western the law firm of Waldrop and Hall, P.A. Bunning Graham (SC) Roberts District of Tennessee. Burns Grassley in Jackson, TN. Judge Breen has been Rockefeller Byrd Gregg Judge Breen has served on both sides a United States Judge for the Western Cantwell Hagel Santorum of the bench with distinction. Upon District of Tennessee since 1991 and has Carper Harkin Sarbanes Schumer graduating from the University of Ten- an excellent reputation in this posi- Chafee Hatch nessee Law School in 1975, he entered Chambliss Hollings Sessions tion. Clinton Inhofe Shelby private practice by joining the Jackson Judge Breen has vast litigation expe- Cochran Inouye Smith firm of Waldrop & Hall. He is one of the rience. As a practicing attorney, he Coleman Jeffords Snowe few lawyers these days who spent his Collins Johnson Specter practiced general civil litigation pri- Conrad Kennedy Stabenow entire litigating career with a single marily in the areas of tort law and Cornyn Kohl Stevens firm. His area of expertise was general workers’ compensation. Judge Breen Corzine Landrieu Sununu civil litigation. In addition to rep- was involved in litigating one of the Craig Lautenberg Talent resenting insurance companies and Crapo Leahy Thomas premier lawsuits in Tennessee in the Daschle Levin Voinovich self-insured businesses, he also rep- 1990’s, which resulted in the adoption Dayton Lieberman Warner resented individual clients in real es- of comparative negligence. DeWine Lincoln Wyden tate, commercial, corporate and estate Judge Breen has been actively in- NOT VOTING—8 planning matters. volved and held leadership positions in Biden Hutchison McConnell Judge Breen has made a broad range local, State and national bar associa- Campbell Kerry Miller of contributions to the bar. He served tions throughout his legal career. He Edwards Kyl as the President of the Tennessee Bar has also been extremely active in his The nomination was confirmed. Association, which reflects the high es- community by, among other things, f teem in which his colleagues hold him. providing pro bono legal services to He also served on the Board of Direc- disadvantaged persons and serving as a THE CONFIRMATION OF DANIEL tors for the Tennessee Bar Foundation. BREEN TO BE A UNITED STATES member on a variety of community or- In the course of his career, he has ac- ganizations. DISTRICT JUDGE FOR THE WEST- cepted many appointments to rep- ERN DISTRICT OF TENNESSEE I am confident that Judge Breen will resent indigent criminal defendants in be a fine United States District Judge Mr. FRIST. Mr. President, I am in State and Federal court. Judge Breen for the Western District of Tennessee, strong support of Judge Daniel Breen also provided many hours of pro bono and I thank all my colleagues who sup- to be United States District Judge for service for West Tennessee Legal Serv- ported this nomination. the Western District of Tennessee. ices. For more than a decade Judge Breen Since 1991, Judge Breen has served as f has admirably served the state of Ten- a Federal magistrate judge, where he NOMINATION OF MIGUEL A. nessee’s Western District as a United has handled a broad array of evi- ESTRADA, OF VIRGINIA, TO BE States Magistrate Judge. Before as- dentiary hearings and issued many re- UNITED STATES CIRCUIT JUDGE suming this position in the Jackson ports and recommendations. In addi- FOR THE DISTRICT OF COLUM- and Memphis area, he practiced law in tion, Judge Breen is also recognized as BIA CIRCUIT most of the surrounding West Ten- an effective mediator, as well as an in- Mr. FRIST. Mr. President, I ask nessee counties for sixteen years. structor and author on alternative dis- unanimous consent that the Senate Judge Breen graduated first in his pute resolution. class from Spring Hill College and later The American Bar Association rated now continue in executive session with graduated from the University of Ten- Judge Breen unanimously well quali- the consideration of the Estrada nomi- nessee College of Law. His list of bar- fied, its highest rating. I am confident nation. related and civic activities is long and that he will serve on the bench with in- The PRESIDING OFFICER. Without distinguished: President of the Ten- tegrity, intelligence and fairness. objection, it is so ordered. nessee Bar Association, Subcommittee Mr. ALEXANDER. Mr. President, I The clerk will report. Chair in the American Bar Association, support the nomination of John Daniel The assistant legislative clerk read Executive Committee member of the Breen to be a United States District the nomination of Miguel A. Estrada, West Tennessee Council Boy Scouts of Judge for the Western District of Ten- of Virginia, to be United States Circuit America, and a Lifetime Board Member nessee. I am pleased that the Senate Judge for the District of Columbia Cir- of the West Tennessee Cerebral Palsy has moved so expeditiously to confirm cuit. Center. As you can tell, his roots are this exceptional nominee. CLOTURE MOTION deep with the people he serves. Mr. Breen is currently a United Mr. FRIST. Mr. President, I send a In addition to an active civil trial States Judge in the Western District of cloture motion to the desk. docket, Judge Breen is also recognized Tennessee. Judge Breen was rec- The PRESIDING OFFICER. The clo- as an effective mediator, and an in- ommended last year by the current ture motion having been presented structor and author on alternative dis- Senate Majority Leader, my colleague, under rule XXII, the Chair directs the pute resolution. He has made a broad Senator FRIST, and former Senator clerk to read the motion. range of contributions to the bar, as Thompson. I am pleased to add my The legislative clerk read as follows: well as the State and Federal courts. voice in support of his nomination. As CLOTURE MOTION This work has earned him the respect someone who, as Governor of Ten- We the undersigned Senators, in accord- of the local legal community. I have nessee appointed some 50 judges, I am ance with the provisions of Rule XXII of the

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3699 standing rules of the Senate, do hereby move ation and, therefore, all Members Congress, knowing full well that Con- to bring to a close debate on Executive Cal- should expect late sessions next week. gress appropriates funds, it is the endar No. 21, the nomination of Miguel A. Although we will begin the budget res- President who spends them. Estrada to be United States Circuit Judge olution on Monday, no votes will occur It is disingenuous, at best, to refuse for the District of Columbia Circuit. to level with the American people at a Bill Frist, Orrin G. Hatch, Robert F. Ben- that day. Therefore, the next vote, on nett, James M. Inhofe, John Ensign, cloture, will occur Tuesday morning. time of rapidly escalating deficits. We Sam Brownback, Michael B. Enzi, f know it has already cost billions of dol- Wayne Allard, Michael D. Crapo, Susan lars just to send our troops over there, M. Collins, Pete V. Domenici, Conrad MORNING BUSINESS but how many more tens or hundreds of R. Burns, Kay Bailey Hutchison, John Mr. FRIST. Mr. President, I ask billions of dollars, may be added to the E. Sununu, Norm Coleman, Charles E. unanimous consent that the Senate deficit? The President is apparently Grassley. now proceed to a period of morning ready to send hundreds of thousands of Mr. FRIST. Mr. President, I ask business, with Senators allowed to America’s sons and daughters into bat- unanimous consent that the live speak for up to 10 minutes each. tle without saying anything about the quorum as provided for under rule XXII The PRESIDING OFFICER. Without costs and risks. be waived. objection, it is so ordered. The President repeatedly spoke of The PRESIDING OFFICER. Without Mr. REID. Mr. President, just a unan- the danger of ‘‘doing nothing,’’ as if objection, it is so ordered. imous consent request: Senator LEAHY doing nothing is what those who urge Mr. FRIST. For the information of wishes to speak for 20 minutes, and patience and caution—with war only as all Senators, this cloture motion, Senator KENNEDY for 30 minutes. a last resort—are recommending. In which will be the third vote in relation The PRESIDING OFFICER. Is there fact, virtually no one is saying we to the Estrada nomination, will occur objection? should do nothing about Saddam Hus- on Tuesday. I regret that it has been Without objection, it is so ordered. sein. necessary for me to file this motion The Senator from Vermont. Even most of the millions of people once again. With Tuesday’s vote, the Mr. LEAHY. Mr. President, what was who have joined protests and dem- Senate will have matched the most clo- the previous unanimous consent agree- onstrations against the use of force ture votes relative to executive nomi- ment of the time for the Senator from without U.N. Security Council author- nations. That is certainly not a record Vermont? ization are not saying the world should or milestone I think this Senate should The PRESIDING OFFICER. The pre- ignore Saddam Hussein. Yet that is the President’s answer to be proud of achieving. vious order had Senator KENNEDY re- those who oppose a preemptive U.S. in- f ceiving 30 minutes. Mr. LEAHY. But prior to the votes, vasion, and who, contrary to wanting LEGISLATIVE SESSION wasn’t there— to do nothing, want to give the United Mr. FRIST. Mr. President, I now ask The PRESIDING OFFICER. The Sen- Nations more time to try to solve this crisis without war. unanimous consent that the Senate re- ator from Vermont already had 20 min- The President also failed to address a sume legislative session. utes. key concern that divides Americans, The PRESIDING OFFICER. Without Mr. LEAHY. I thank the distin- objection, it is so ordered. that divides us from many of our clos- guished Presiding Officer. est European allies, that divides our al- f Does the distinguished majority lead- lies from each other, and that divides er have other matters? UNANIMOUS CONSENT AGREE- the U.N. Security Council. That issue Mr. FRIST. No. MENT—BUDGET RESOLUTION is not whether or not Saddam Hussein f Mr. FRIST. Mr. President, I ask is a deceptive, despicable, dangerous unanimous consent that at 2 p.m., on THE COUNTDOWN TO WAR despot who should be disarmed. There is little, if any, disagreement about Monday, March 17, the Senate proceed Mr. LEAHY. Mr. President, last that. to the consideration of the first con- Thursday, at his press conference, the Nor is it whether or not force should current budget resolution, if it has President of the United States gave his ever be used. Most people accept that been properly reported by that time. reasons to justify the use of military the United States, like any country, The PRESIDING OFFICER. Is there force to remove Saddam Hussein from has a right of self-defense if it is faced objection? power. with an imminent threat. If the U.N. Without objection, it is so ordered. The President said again that he has inspectors fail to disarm Iraq, force f not made up his mind to go to war, but may become the only option. his own advisers are saying that even if ORDER OF BUSINESS Most people also agree that a United Iraq fully complies with U.N. Security States-led invasion would quickly Mr. FRIST. Mr. President, for the in- Council Resolution 1441, Saddam Hus- overwhelm and defeat Iraq’s ill- formation of all Senators, there will be sein must be removed from power. equipped, demoralized army. no further votes during today’s session. The President said his goal is pro- Rather, the President said almost We have had a productive, full week. tecting the American people from ter- nothing about the concern shared by so I thank the managers on both sides of rorism. That is a goal we all share. But many people, that by attacking Iraq to the aisle for today’s work and the pre- he offered no evidence that Iraq had enforce Security Council Resolution vious days’ work. anything to do with the September 11 1441 without the support of key allies Earlier today, by a vote of 64 to 33, attacks or any details of Iraq’s links to on the U.N. Security Council, we risk the Senate passed S. 3, the partial- al-Qaida. weakening the Security Council’s fu- birth abortion ban bill. I thank all He offered no new information about ture effectiveness and our own ability Members on both sides of the aisle for the potential costs of a war, either in to rally international support not only their debate and their courtesies American and Iraqi lives, or in dollars. to prevent this war and future wars, throughout the consideration of that Both Republicans and Democrats have but to deal with other global threats bill. urged the President to be more forth- like terrorism. This concern is exacer- In addition, this week, we have been coming with the American people, to bated by the increasing resentment able to confirm five district judges and tell us what sacrifices may be in- throughout the world of the adminis- one circuit judge. Unfortunately, we volved—not to have Cabinet members tration’s domineering and simplistic were unable to reach a conclusion with come to the Senate and the House, and ‘‘you are either with us or against us’’ respect to the Estrada nomination and, when asked how much they estimate a approach. It has damaged longstanding therefore, we will have the cloture war and its aftermath may cost, say: relationships, relationships that have vote, once again, on Tuesday. We have no idea. taken decades of trust and diplomacy Next week, the Senate will proceed We know the administration has esti- to build, both with our neighbors in to the budget resolution. The Budget mated the costs, yet the President this hemisphere and our friends across Act provides for 50 hours of consider- dismissively says ‘‘ask the spenders’’ in the Atlantic.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3700 CONGRESSIONAL RECORD — SENATE March 13, 2003 The President says that if the Secu- Shaikh Mohammed, one of al-Qaida’s Why is he so unconcerned about the rity Council does not support the use of top leaders who was reportedly the predictably hostile reaction in the force today, it risks becoming irrele- mastermind of the September 11 at- Muslim world to the occupation of vant. The President has it backward. tacks. Whether others within al-Qaida Iraq, perhaps for years, by the United The Security Council would not be- will quickly fill Mr. Mohammed’s shoes States military? come irrelevant because it refuses to remains to be seen, but the fact that Why is the President so determined obey the President of the United the U.S. Government and other govern- to run roughshod over our traditional States. Rather, the Security Council’s ments are methodically tracking these alliances and partnerships which have effectiveness is threatened if the people down sends an important mes- served us well and whose support we United States ignores the will of key sage and should give some comfort to need both today and in the future? allies on the Security Council regard- the American people. This is encour- I cannot pretend to understand the ing the enforcement of a Security aging. Let’s hope we can soon celebrate thinking of those in the administration Council resolution. the capture of Osama bin Laden, be- who for months or even longer have The President was also asked by sev- cause capturing the leaders of al-Qaida seemed possessed with a kind of mes- eral members of the press why there is should be our highest priority. sianic zeal in favor of war. A preemp- such fervent opposition to his policy But the world is increasingly appre- tive, U.S. attack against Iraq without among Americans and some of our old- hensive as the United States appears to a declaration of war by Congress or the est allies when only a year and a half be marching inexorably towards war U.N. Security Council’s support may be ago, after the September 11 attacks, with Iraq. Today, there are more than easy to win, but it could violate inter- the whole world was united in sym- 250,000 American men and women in national law and cause lasting damage pathy with the United States. He had uniform in the Persian Gulf preparing to our alliances and to our ability to no answer. for the order to attack. We hear that obtain the cooperation of other nations The President should heed the words the decision must be made within a in meeting so many other global chal- of former National Security Adviser matter of days because it is too costly lenges. Brent Scowcroft, who was an architect to keep so many troops deployed over- Just recently, Homeland Security of the 1991 Gulf War. General Scowcroft seas. In other words, now that we have Secretary Tom Ridge warned that a has strongly criticized the administra- spent billions of dollars to ship all war with Iraq could bring more threats tion’s ad hoc approach based on a ‘‘coa- those soldiers over there, we need to and more terrorist attacks within the lition of the willing’’ which the general use them because we cannot back down United States. The CIA Director has calls ‘‘fundamentally, fatally flawed.’’ now, as I have heard some people say. testified that Saddam Hussein is more General Scowcroft said: Frankly, this is one of the worst rea- likely to use chemical or biological As we’ve seen in the debate about Iraq, it’s sons possible to rush into war. weapons if he is attacked. Yet we are already given us an image of arrogance and We should not back down. Saddam marching ahead as though these warn- unilateralism, and we’re paying a high price Hussein must be disarmed. Doing noth- ings don’t matter. for that image. If we get to the point where ing—I agree with the President about I have said before, this war is not in- everyone secretly hopes the United States this—would mean the United Nations evitable. I still believe it can be avoid- gets a black eye because we’re so obnoxious, is unwilling to enforce its own resolu- ed. But I fear that the President, de- then we’ll be totally hamstrung in the war tions concerning perhaps the most seri- spite opposition among the American on terror. We’ll be like Gulliver with the ous threat the world faces today, the people, in the U.N., and around the Lilliputians. proliferation of weapons of mass de- world, is no longer listening to anyone For 200 years, people around the struction. That would be unacceptable. except those within his inner circle world have looked up to the United The U.N. Security Council ordered Iraq who are eager to fight. States because of our values, our integ- to fully disclose its weapons of mass The President says we must over- rity, our tolerance, and our respect for destruction. Iraq has not yet done so. throw Saddam Hussein to protect the others. These are the qualities that I agree with those who say the only American people. Saddam Hussein is a have set the United States apart. reason Saddam Hussein is even grudg- threat, but North Korea, on the verge Today, while most countries share our ingly cooperating with the U.N. inspec- of acquiring half a dozen nuclear weap- goal of disarming Saddam Hussein, we tors is the buildup of U.S. troops on ons, poses a far more serious and im- are being vilified for our arrogance, for Iraq’s border. I have commended the mediate threat to the United States our disdain for international law, and President for refocusing the world’s at- and the world. Yet the administration our intolerance of opposing views. tention on Saddam Hussein’s failure to is too preoccupied with Saddam Hus- A distinguished American career dip- disarm. I also recognize the time may sein to be distracted by North Korea, lomat, John Brady Kiesling, echoed come when the use of force to enforce even though North Korea has shown no General Scowcroft’s concerns about the the U.N. Security Council resolution is qualms about selling ballistic missiles practical harm done to U.S. interests the only option. But are proposals to and anything else that will earn them and influence abroad. He recently give the U.N. inspectors more time un- money. It makes no sense. wrote to Secretary of State Colin Pow- reasonable, when it could solidify sup- I hope the Iraqi government comes to ell, proffering his resignation as an act port for the use of force if that becomes its senses. I hope we do not walk away of protest about the administration’s the only option? from the U.N. I hope we don’t decide policy toward Iraq. I suspect Mr. Despite the President’s assertion that just because our troops are there, Kiesling’s eloquent and heartfelt expla- that Iraq poses an imminent threat to we cannot afford to wait. nation of how he reached the difficult the United States, that assertion begs EXHIBIT 1 decision to give up his career expresses credulity when the U.N. inspectors are FEBRUARY 27, 2003. the feelings and concerns of some other making some progress and a quarter of DEAR MR. SECRETARY: I am writing you to American diplomats who are rep- a million American soldiers are poised submit my resignation from the Foreign resenting the United States at our em- on Iraq’s border. Absent a credible, im- Service of the United States and from my po- minent threat, a decision to enforce sition as Political Counselor in U.S. Em- bassies and missions around the world. bassy Athens, effective March 7. I do so with I ask unanimous consent that Mr. Resolution 1441 should only be made by a heavy heart. Kiesling’s letter to the Secretary be the Security Council—not by the The baggage of my upbringing included a printed in the RECORD at the conclu- United States or any other government felt obligation to give something back to my sion of my remarks. alone. country. Service as a U.S. diplomat was a The PRESIDING OFFICER. Without The President says war is a last re- dream job. I was paid to understand foreign objection, it is so ordered. sort. If he feels that way, why do he languages and cultures, to seek out dip- (See exhibit 1.) and his advisors want so desperately to lomats, politicians, scholars and journalists, Mr. LEAHY. While I was dis- short-circuit the inspection process? and to persuade them that U.S. interests and appointed by President Bush’s remarks Why is he so anxious to spend bil- theirs fundamentally coincided. My faith in my country and its values was the most pow- last week, the Bush administration and lions of dollars to buy the cooperation erful weapon in my diplomatic arsenal. the Pakistani Government should be of other countries, other countries that It is inevitable that during twenty years commended for the capture of Khalid do not yet believe war is necessary? with the State Department I would become

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3701 more sophisticated and cynical about the I urge you to listen to America’s friends cludes periods when grave injustices narrow and selfish bureaucratic motives that around the world. Even here in Greece, pur- were tolerated. Those dark periods in sometimes shaped our policies. Human na- ported hotbed of European anti-Ameri- our national history teach us lessons ture is what it is, and I was rewarded and canism, we have more and closer friends we must never forget. But we have bat- promoted for understanding human nature. than the American newspaper reader can But until this Administration it had been possibly imagine. Even when they complain tled fiercely to overcome injustice, and possible to believe that by upholding the about American arrogance, Greeks know we are a better nation for our willing- policies of my president I was also upholding that the world is a difficult and dangerous ness to fight those battles. the interests of the American people and the place, and they want a strong international Our most deeply held national values world. I believe it no longer. system, with the U.S. and EU in close part- are rooted in our pursuit of justice for The policies we are now asked to advance nership. When our friends are afraid of us all. It urges us to ensure fair treatment are incompatible not only with American rather than for us, it is time to worry. And values but also with American interests. Our for each person, to extend help to those now they are afraid. Who will tell them con- in need, and to create opportunity for fervent pursuit of war with Iraq is driving us vincingly that the United States is as it was, to squander the international legitimacy a beacon of liberty, security and justice for each individual to advance. Those are that has been America’s most potent weapon the planet? among the most important yardsticks of both offense and defense since the days of Mr. Secretary, I have enormous respect for by which we measure our success in Woodrow Wilson. We have begun to dis- your character and ability. You have pre- building ‘‘a more perfect union.’’ mantle the largest and most effective web of served more international credibility for us Now as we consider the prospect of international relationships the world has than our policy deserves, and salvaged some- war with Iraq, many of us have serious ever known. Our current course will bring in- thing positive from the excesses of an ideo- questions about whether current na- stability and danger, not security. logical and self-serving Administration. But The sacrifice of global interests to domes- tional policy reflects America’s values. your loyalty to the President goes too far. tic politics and to bureaucratic self-interest We owe it to the brave men and We are straining beyond its limits an inter- is nothing new, and it is certainly not a national system we built with such toil and women of our armed forces to ensure uniquely American problem. Still, we have treasure, a web of laws, treaties, organiza- that we are embarked on a just war— not seen such systematic distortion of intel- tions and shared values that sets limits on that the sacrifice we ask of them is for ligence, such systematic manipulation of our foes far more effectively than it ever a cause that reflects America’s basic American opinion, since the war in Vietnam. constrained America’s ability to defend its The September 11 tragedy left us stronger values. interests. than before, rallying around us a vast inter- Our men and women in uniform are I am resigning because I have tried and national coalition to cooperate for the first working and training hard for the seri- failed to reconcile my conscience with my time in a systematic way against the threat ous challenges before them. They are ability to represent the current U.S. Admin- of terrorism. But rather than take credit for living in the desert, enduring harsh istration. I have confidence that our demo- those successes and build on them, this Ad- cratic process if ultimately self-correcting, conditions, and contemplating the hor- ministration has chosen to make terrorism a and hope that in a small way I can con- rors of the approaching war. domestic political tool, enlisting a scattered tribute from outside to shaping policies that Their families left behind are sacri- and largely defeated Al Qaeda as its bureau- better serve the security and prosperity of ficing, too, each and every day here at cratic ally. We spread disproportionate ter- the American people and the world we share. ror and confusion in the public mind, arbi- home, wondering if their loved ones in trarily linking the unrelated problems of ter- Mr. LEAHY. I suggest the absence of uniform will return unharmed. Many— rorism and Iraq. The result, and perhaps the a quorum. especially the families of our reserv- motive, is to justify a vast misallocation of The PRESIDING OFFICER. The ists—are struggling to make ends meet shrinking public wealth to the military and clerk will call the roll. as their spouses are called up for to weaken the safeguards that protect Amer- The assistant legislative clerk pro- months of duty abroad. Wives are sepa- ican citizens from the heavy hand of govern- ceeded to call the roll. rated from husbands. Children are sep- ment. September 11 did not do as much dam- Mr. KENNEDY. Madam President, I arated from fathers and mother. Busi- age to the fabric of American society as we seem determined to do to ourselves. Is the ask unanimous consent that the order nesses and communities are struggling Russia of the late Romanovs really our for the quorum call be rescinded. to go forward without valued employ- model, a selfish, superstitious empire thrash- The PRESIDING OFFICER (Ms. MUR- ees now serving in the gulf. ing toward self-destruction in the name of a KOWSKI). Without objection, it is so or- More than 150,000 National Guard and doomed status quo? dered. Reserve soldiers have been mobilized. We should ask ourselves why we have f Of these, 13,000 have been on active failed to persuade more of the world that a duty for at least a year. Others return war with Iraq is necessary. We have over the AMERICAN VALUES AND WAR home from deployments, only to turn past two years done too much to asset to our WITH IRAQ world partners that narrow and mercenary around and head back overseas for a U.S. interests override the cherished values Mr. KENNEDY. Madam President, new tour of duty. For many of these of our partners. Even where our aims were the true greatness of America lies in soldiers, ‘‘the expected one weekend a not in question, our consistency is at issue. the values we share as a nation. month, two weeks a year’’ is merely a The model of Afghanistan is little comfort to From America’s beginning, we shared slogan, and does not reflect their new allies wondering on what basis we plan to re- a passionate concern for the rights and reality. In fact, today’s reservists are build the Middle East, and in whose image the well-being of each individual—a spending thirteen times longer on ac- and interests. Have we indeed become blind, concern stated eloquently in our found- tive duty than they did a decade ago. as Russia is blind in Chechnya, as Israel is ing documents, the Declaration of blind in the Occupied Territories, to our own A recall to active duty brings finan- advice, that overwhelming military power is Independence, the Constitution and the cial hardship as well. Many give up not the answer to terrorism? After the sham- Bill of Rights. larger civilian salaries when they go on bles of post-war Iraq joins the shambles in From our immigrant roots, we active duty. The law requires employ- Grozny and Ramallah, it will be a brave for- learned not only to tolerate others ers to take back reservists after their eigner who forms ranks with Micronesia to whose appearance, religion, and culture deployments. But for those who work follow where we lead. are different from our own, but to re- in small firms or are self-employed, We have a coalition still, a good one. The spect and welcome them, and to recog- loyalty of many of our friends is impressive, there are no such guarantees unless a tribute to American moral capital built up nize our diversity as a source of great their firms are still in business. over a century. But our closest allies are per- strength. The families of our men and women suaded less that was is justified than that it From our religious faith and our in uniform pay a price for this deploy- would be perilous to allow the U.S. to drift sense of community, we gained an un- ment. During the Vietnam War, only 20 into complete solipsism. Loyalty should be derstanding of the importance of fair- percent of all Army military personnel reciprocal. Why does our President condone ness and compassion for the less fortu- were married. Today over 50 percent of the swaggering and contemptuous approach nate. the military are married, which means to our friends and allies this Administration In the same way that parents try to enormous strain on the families who is fostering, including among its most senior officials. Has oderint dum metuant [Ed. note: build a better life for their children, are left behind to worry and cope with Latin for ‘‘Let them hate so long as they each generation of Americans has tried the sudden new demands of running a fear,’’ thought to be a favorite saying of Ca- to leave a more just society to the household alone, never knowing how ligula] really become our motto? next. We all know that our history in- long their loved ones will be away.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3702 CONGRESSIONAL RECORD — SENATE March 13, 2003 Among those on active duty, we are other option, it is dangerous, it is dead- The President must explain why war demanding more from our troops for ly, it is irreversible. That is why, with Iraq will not distract us from the longer periods of time. One of our air- whenever we resort to force in the more immediate and graver danger craft carriers, the USS Abraham Lin- world, there is an urgent need to en- posed by North Korea. Something is coln, has been away from home port for sure that we remain true to our values wrong at 1600 Pennsylvania Avenue if 233 days. The crew expected to return as Americans. we rush to war with a country that for Christmas, and had made it half Saddam Hussein is one of the most poses no nuclear threat, but will not way home across the Pacific Ocean brutal tyrants on the world stage even talk to a country that brandishes when they were given orders to turn today. He has murdered thousands of its nuclear power right now. Any nu- around and head for the Persian Gulf. his own people—many with chemical clear threat from Iraq, we are told, is These men and women are forced to and biological weapons. He has at- probably 5 years into the future. But put their lives on hold, missing births, tempted to wipe out entire commu- the threat from North Korea exists delaying weddings, and dealing with nities. He has attacked neighboring today. family crises by phone and e-mail. countries. He supports terrorism Desperate and strapped for cash, These men and women are well-pre- against innocent civilians throughout North Korea is the greatest current nu- pared to serve their country. But in the Middle East. Undeniably, the world clear danger to the United States, and calling them up, we also pay the price would be a better place without Sad- it is clearly taking advantage of the here at home with increased vulner- dam Hussein. That fact, however, situation in Iraq. It is the country ability in our police and fire depart- should not be the end of the inquiry, most likely to sell nuclear material to ments. A recent survey of 8,500 fire de- but only the beginning. terrorists. It may well have a long- partments by the International Asso- From the perspective of our shared range missile that can strike our soil. ciation of Fire Chiefs showed that values, the fundamental question is War with Iraq will clearly undermine nearly three-fourths of them have staff whether this is a ‘‘just war.’’ That is our ability to deal with this rapidly es- in the Reserves. A similar survey of not an easy question to answer, be- calating danger. But our options are more than 2,100 law enforcement agen- cause some elements of a just war are not limited to invading Iraq or ignor- cies by the Police Executive Research clearly present. ing Iraq. No responsible person sug- Forum found that 44 percent have lost There are six principles that guide gests that we ignore the Iraqi threat. the determination of ‘‘just war.’’ They personnel to call ups. The presence of U.N. inspectors on These are Americans who love their were first developed by St. Augustine the ground in Iraq, coupled with our country. They proudly wave the Stars in the Fifth Century and expanded own significant surveillance capacity, and Stripes on our national holidays. upon by St. Thomas Aquinas in the make it extremely unlikely that Iraq They honor and pray for past veterans Thirteenth Century. To be just a war can pursue any substantial weapons de- on Memorial Day. Their children are in must have a just cause, confronting a velopment program without detection. our schools. They attend our churches, danger that is beyond question; it must If we can effectively immobilize our synagogues, and our mosques. We be declared by a legitimate authority Saddam’s activity, the danger his re- acting on behalf of the people; it must see them in the grocery store or at gime poses can be minimized without be driven by the right intention, not PTA meetings. They are a part of our war. ulterior, self-interested motives; it communities—and a part of us. And Above all, we cannot allow dif- must be a last resort; it must be pro- they are willing to give their lives for ferences over Iraq to shatter the very portional, so that the harm inflicted their country. So we owe it to these coalition we depend upon in order to ef- does not outweigh the good achieved; men and women and their families— fectively combat the far greater and and it must have a reasonable chance these brave Americans—to get it right. more imminent threat posed by the al- I am concerned that as we rush to of success. These are sound criteria by which to Qaida terrorists. Close international war with Iraq, we are becoming more judge our impending war in Iraq. cooperation is what led to the recent divided at home and more isolated in First, does Iraq pose a danger to us arrest in Pakistan of the planner of the the world community. Instead of per- that is beyond question? 9/11 attack. suading the dissenters at home and Clearly, Iraq does pose a considerable Second, has the war been declared by abroad, the Administration by its danger, principally because of Saddam a legitimate authority acting on behalf harsh rhetoric is driving the wedge Hussein’s biological and chemical of the people? deeper. Never before, even in the Viet- weapons and his history of attempts to When Congress voted last October, nam war, has America taken such bold develop nuclear weapons. But it is not most Members believed that the use of military action with so little inter- at all clear that the only way to pro- force by America would have United national support. It is far from clear tect ourselves from that threat is war. Nations backing. Such backing is now that the United Nations Security In fact, many of us are deeply con- highly unlikely. Last October, no Council will pass any new resolution cerned that initiating a war to remove international inspectors had been in that we can use as authorization for Saddam Hussein will actually increase Iraq for 5 years. Now, U.N. inspectors military action in Iraq. Even some the danger to the American people. are on the ground engaged in disarming strategically important allies, such as The biological and chemical weapons Saddam. Turkey, who were expected to be with Saddam has are not new. He has pos- No war by America can be success- us, have backed away. The administra- sessed them for more than a decade. He fully waged if it lacks the strong sup- tion continues to turn a deaf ear to all did not use them against us in the gulf port of our people. And America re- of these voices, and single-mindedly war and he did not use them against us mains divided on an invasion of Iraq pursues its course to war. in the years since then, because he un- without United Nations approval. The Within the rising chorus of dissent derstands that any use of them would reason for that lack of support today is have been the voices of much of the or- lead to his certain destruction. As CIA clear. The administration has not made ganized religious community in this Director George Tenet stated last year a convincing case that war is nec- country—Christian, Jewish and Mus- in testimony before Congress, the essary, nor have they credibly an- lim. Within the Christian community, greatest danger of their use occurs if swered crucial questions about the cost opposition to war against Iraq includes Saddam knows he is about to be re- of the war in lives and dollars, how the Roman Catholic Church, to which I moved from power and therefore per- long American troops will remain in belong, and many mainline Protestant ceives he has nothing left to lose. Iraq, and what type of Iraqi govern- and Orthodox churches. These are not Iraq, to the best of our knowledge, ment will replace Saddam. pacifist groups who oppose war under has no nuclear weapon. If nuclear In his address last week on a post- all circumstances. They are religious weapons in the hands of a rogue state war Iraq, President Bush failed to give leaders who say the moral case has not are our principal concern, then cer- adequate answers to the key questions been made for this war at this time. tainly North Korea poses a much more on the minds of the American people War is not just another means to imminent threat. And Iran—not Iraq— about the war and its aftermath. He achieving our goals. More than any is close behind. painted a simplistic picture of the

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3703 brightest possible future—with democ- has turned his focus from his own gov- of another domestic terrorist attack. racy flourishing in Iraq, peace emerg- ernment to the U.S. Government. He The war will make it a more dangerous ing among all nations in the Middle said: [The main enemy of the Muslims time on the American homefront. East, and the terrorists with no base of and the Arabs is America—and we There will also be a very substantial support there. In a dangerous world, don’t want it to impose things on us. financial cost to the war The short- the fundamental decision on war or We would rather tolerate dictatorship term cost is likely to exceed $100 bil- peace cannot be made on rosy and un- in our countries than import reforms lion. The long-term cost, depending on realistic scenarios. from America.] how long our troops must remain in Third, any war must be driven by the The war against al-Qaida is far from Iraq, will be far more. If our national right intention. over, and the war against Iraq may security were at stake, we would spare I do not question the President’s mo- make it worse. no expense to protect American lives. After 9/11 we witnessed an unprece- tive in pursuing this policy, but I seri- But the administration owes the na- dented rallying of the world commu- ously question his judgment. tion a more honest discussion about nity to our side. That international The Bush administration was wrong the war costs we are about to face, es- unity was our strongest weapon to allow the anti-Iraq zealots in its pecially if America has to remain in against terrorism. It denied terrorists ranks to exploit the 9/11 tragedy by Iraq for many years, with little support sanctuary, it led to a vital sharing of using it to make war against Iraq a from other nations. higher priority than the war against intelligence, and it helped to cut off The sixth element of a just war is terrorism. the flow of financial resources to al- that it must have a reasonable chance Al-Qaida—not Iraq—is the most im- Qaida. We cannot allow that inter- of success. minent threat to our national security. national cooperation to shatter over Our citizens are asked to protect them- our differences on Iraq. We cannot be a I have no doubt that we will prevail selves from al-Qaida with plastic sheet- bully in the world school yard and still on the battlefield but what of the con- ing and duct tape, while the adminis- expect friendship and support from the sequences for our own national secu- tration prepares to send our armed rest of the world. rity and the peace and security of the forces to war against Iraq. Those prior- Fifth, any war must be proportional, Middle East? ities are wrong. so that the harm inflicted does not out- We know that a stable government In a desperate effort to justify its weigh the good achieved. will be essential in a post-war Iraq. But focus on Iraq, the administration has If there is a war, we all pray that it the administration refuses to discuss in long asserted that there are ties be- will be brief, and that casualties will be any real detail how it will be achieved tween Osama and Saddam—a theory few. But there is no assurance of that. and how long our troops will need to with no proof that is widely doubted by Certainly, we have the military power stay. President Bush assumes every- to occupy Iraq. But that may only be intelligence experts. Two weeks after 9/ thing will go perfectly. But war and the beginning. Our troops may be con- 11, Secretary Rumsfeld claimed that we it’s consequences hold enormous risks fronted by urban guerilla warfare from had ‘‘bulletproof’’ evidence of the link. and uncertainties. forces still loyal to Saddam or simply But a year later, CIA Director Tenet anti-Western. The war may be far more As retired General Anthony Zinni conceded in a letter to the Senate In- brutal than we anticipate. has asked, will we do what we did in telligence Committee that the Admin- In such a conflict, innocent civilian Afghanistan in the 1970s—drive the old istration’s understanding of the link casualties could also be high. We can- Soviet Union out and let something ar- was still ‘‘evolving’’ and was based on not let Saddam hide behind innocent guably worse emerge in it’s place? ‘‘sources of varying reliability.’’ In human shields if there is a war. But The vast majority of the Iraqi people fact, the link is so widely doubted that that large risk makes it all the more may well want the end of Saddam’s intelligence experts have expressed imperative for war to be only a last re- rule, but they may not welcome the their concern that intelligence is being sort. United States to create a government politicized to support the rush to war. We have been told that an attack on in our own image. Regardless of their Fourth, war must always be a last re- Iraq will begin with an enormous own internal disagreements, the Iraqi sort. cruise missile assault to destroy their people still feel a strong sense of na- That is why all options must be pur- infrastructure, strike fear and awe in tional identity, and could quickly re- sued. Inspections still have a chance to the hearts of the enemy, and under- ject an American occupation force that work in Iraq. Progress is difficult. No mine their will to resist. We know that tramples on local cultures. one said it would be easy. But as long thousands of cruise missiles will be We must recognize that from the day as inspectors are on the ground and fired in the first 48 hours of the war, we occupy Iraq, we shoulder the re- making progress, we must give peace a more than were launched in the entire sponsibility to protect and care for its chance. 40 days of the gulf war. Such a massive citizens. We are accountable under the But before resorting to war, it is ex- assault will unavoidably produce a tremely important to reach agreement Geneva Conventions for public safety very substantial number of civilian in neighborhoods, for schools, and for that there is no alternative. Nations casualties. That harsh reality adds that have been among our closest allies meeting the basic necessities of life for greatly to the burden that must be 23 million Iraqi civilians. oppose us now because they do not be- overcome by those who argue that war This daunting challenge has received lieve that the alternatives to war have is the proper response now. It is a bur- very little attention from the adminis- been exhausted. Many of them believe den they have not met. that an invasion of Iraq could desta- One of the highest and worst costs of tration. As the dust settles, the re- bilize the entire Middle East. war may be the humanitarian costs. pressed tribal and religious differenced Many of them believe that instead of Sixty percent of Iraq’s people rely on of the past may come to the fore—as subduing terrorism, war with Iraq will the United Nations’ Oil-for-Food Pro- they did in the brutal civil wars in the increase support and sympathy in the gram for their daily survival. Food is former Yugoslavia, in Rwanda, and Islamic world for terrorism against the distributed through 46,000 government other countries. As our troops bypass West. We cannot cavalierly dismiss distributors supplied by a network of Basra and other Iraqi cities on their these concerns of our allies. food storage barns. A war with Iraq way to Baghdad, how will we prevent War with Iraq runs the very serious will disrupt this network. Many Iraqis, the revenge bloodletting that occurred risk of inflaming the Middle East and especially poor families, have no other after the last Gulf War, in which thou- provoking a massive new wave of anti- source of food. Women and children sands of civilians lost their lives? Americanism that may well strengthen will be the most vulnerable victims. What do we do if Kurds in northern the terrorists, especially if we act According to recent reports, 500,000 Iraq proclaim an independent without the support of the world com- Iraqi children already suffer from mal- Kurdistan? Or the Shia in southern munity. nutrition. Iraq move toward an alliance with A year ago, The Wall Street Journal And what are the costs to America? Iran, from which they have long drawn quoted a dissident in Saudi Arabia who We all know there is an increased risk their inspiration?

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3704 CONGRESSIONAL RECORD — SENATE March 13, 2003 We have told the government of Tur- Mrs. DOLE. Madam President, I ask case, we might never have known all key that we will not support an inde- unanimous consent that the order for the agencies that contributed to the pendent Kurdistan, despite the fact the quorum call be rescinded. captures. that the Kurdish people in Iraq already The PRESIDING OFFICER. Without The Central Intelligence Agency and have a high degree of US-supported au- objection, it is so ordered. the Federal Bureau of Investigation do tonomy and have even completed work f not watch after us alone. We should be on their own constitution. Do we send thankful for the hard work of the men TRIBUTE TO INTELLIGENCE in our troops again to keep Iraq and women of the Defense Intelligence SERVICES united? Agency, the National Security Agency, Post-War Afghanistan is not exactly Mrs. DOLE. Madam President, I rise and the National Reconnaissance Of- the best precedent for building democ- to pay tribute to the excellent work of fice. They and others are working racy in Iraq. Sixteen months after the our intelligence services in capturing around the clock to defend us in the fall of the Taliban government in Af- Khalid Shaikh Mohammed. This is a war on terror. ghanistan, President Hamid Karzai is major triumph in the war on terror. It is not just our intelligence agen- still referred to as ‘‘the Mayor of Our officers from the Central Intel- cies that should be thanked. It was our Kabul’’—because of the weak and frag- ligence Agency and Federal Bureau of friends in Pakistan who discovered Mo- ile hold of his government on the rest Investigation, the National Security hammed, who arrested him, who turned of the nation. Warlords are in control Agency, and their counterparts in the him over. President Musharraf has con- of much of the countryside. The Af- Pakistani and intelligence services are tinued his strong support for the war ghan-Pakistani border is an area of an- to be highly commended. on terror, and we must continue to archy—and ominous al-Qaida cells. Let there be no doubt, capturing Mo- work with allies such as Pakistan to The U.S. military is far from hammed is a big deal. He has a long eradicate terrorism. equipped to handle the challenge of and bloody history. He has been impli- Yes, this is a great win in the war on meeting the needs of a post-Saddam cated in the 1993 bombing of the Twin terror, but it was not a victory. We Iraq. Our government must have a plan Towers. He played a major role in plans may never actually realize when we in place to care for the population. Yet to hijack airliners in Asia and crash have achieved victory; for the men and we have heard little from the adminis- them into the sea. He may well have women who make our intelligence sys- tration on how they intend to meet been a leader in the attack on the USS tem work will have to continue their this obligation. To succeed in winning Cole, an attack that killed 17 United vigilance, that quiet and all too often the peace, we will need the help and States sailors and wounded 39 others. unheralded vigilance. support of the international commu- He has been implicated in the attacks Madam President, I suggest the ab- nity. That is afar less likely to happen on the United States embassies in sence of a quorum. The PRESIDING OFFICER. Will the if we do not have the international Kenya and Tanzania which killed hun- Senator withhold her suggestion of the community with us the start. dreds and wounded thousands. And he Before the President makes the final planned the attacks of September 11. absence of a quorum? It is not just attacks against Ameri- Mrs. DOLE. I withhold. fateful decision to go to war in Iraq, The PRESIDING OFFICER. The Sen- cans. He is now wanted by our friends, his administration must answer each of ator from Illinois. these just war questions much more the Australians, for questioning in con- Mr. DURBIN. I ask consent to speak convincingly than they have so far. nection with the recent bombings in in morning business. The American people are waiting for Bali which killed hundreds of those The PRESIDING OFFICER. We are in the answers. The entire world is wait- citizens. There has even been a warrant morning business. issued by our reluctant allies in France ing for the answers. f We are no at a major cross-road in for his role in the bombing of a syna- our history. The 9/11 attrocities has gogue that killed a French citizen. IRAQ forced us all to think profoundly about Those are the horrible acts of his Mr. DURBIN. Madam President, what is great in America. All through past that we know about. By capturing there is an interesting turn of events. our shock and grief, the people’s cour- Mohammed, what devastating plots Those who were looking for a debate on age never failed. 9/11 was one of the Na- have our intelligence services pre- the war in Iraq had best turn to C- tion’s saddest hours, but the response vented? Hopefully, as they start to SPAN and witness the question period was one of our finest hours. learn more from Mohammed, they will in London before the British House of That hour must not be lost. It can also be able to thwart future attacks. Commons. I have been watching it. It mark the beginning of a new era of Another possibility is that those who is a fascinating debate. common purpose—a return to policies would engage in such acts will realize Tony Blair is defending his position which truly reflect America’s values, a their secrets may now be compromised in support of the United States. His return to the genuine pursuit of jus- and, hopefully, they will abandon their own party is divided. The conservatives tice. The unselfishness we saw in 2001 plans. support him. The questioning is very must not give way to selfishness in Not only did we get Mohammed, tough. In the course of defending his 2003. The noble caring for one another their operations planner, we also got position, some important questions are that we celebrated then must not be Hawsawi, their chief financier. The 9/11 being asked and answered in the Brit- succeeded now by a retreat from our terrorists sent their left-over money to ish House of Commons. ideals. Hawsawi. By taking him out of the al- If you would expect the same thing Yes, our country is strong but it can Qaida operations, we have damaged here in the U.S. Congress, you might be be stronger—not just in the power we their ability to move money into ter- surprised or disappointed to learn it is hold, but in the promise we fulfill of a rorists’ hands. This should hamper not taking place. What is taking place nation that truly does make better the their ability to launch any currently is speeches on the floor by individual life of the world. If we rededicate our- planned operations. Senators. Today, I have seen Senator selves to that great goal, our achieve- I want to thank our intelligence serv- BYRD of West Virginia, Senator DAY- ments will reverberate around the ices for the work they do. Yes, there TON of Minnesota, Senator KENNEDY of globe, and America will be admired have been mistakes in the past, and Massachusetts. Others have come to anew for what it must be now, in this there will be human failures in the fu- the floor to speak about the war in new time, more than ever—‘‘the last, ture. But when we learn of their vic- Iraq. But there has literally been no best hope of earth.’’ tories, they should be thanked. That active debate on this issue on Capitol I yield the floor and suggest the ab- thanks comes with the knowledge that Hill, in the United States of America, sence of a quorum. there must be many more instances since last October. The PRESIDING OFFICER. The where we have been protected and The reason, of course, is that last Oc- clerk will call the roll. there was no public acclaim for these tober we enacted a use of force resolu- The assistant legislative clerk pro- servants of the public. Frankly, with- tion which virtually gave to the Presi- ceeded to call the roll. out the publicity surrounding this dent of the United States the authority

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3705 to declare war and execute it against 1812, the United States was invaded by peacekeeping duties and much of Iraq recon- Iraq at the time and place of his choos- an enemy. Of course, Pearl Harbor was struction on its own—meaning beleaguered ing. I was one of 23 Senators who voted an attack on the territories as well, American taxpayers may bear the brunt of the costs. against that resolution, believing that but that attack on the continental True, a broad coalition never in the cards. there were better ways to achieve our United States on September 11, 2001, Unlike Operation Desert Storm, which was a goals, and that if Congress did that, we was one that stunned us, saddened us, response to Iraq’s invasion of Kuwait, this would be giving to this President the shocked us as a nation, and we looked showdown looms as a exercise in preemptive greatest delegation of authority to for friends and we found them in every action. Still, while Bush talks of a ‘‘coalition wage war ever given to a President. corner of the world. They joined us in of the willing’’ backing a U.S. invasion of The time that has intervened since a war on terrorism, sharing intel- Iraq, in reality the America finds itself with the passage of that resolution has prov- ligence resources, working together, precious few allies as the hour of decision ap- proaches. And buying allegiances one coun- en me right. Congress has had no voice. making real progress. It was a good try at a time is a far cry from building a co- Oh, we have had moments of criticism, feeling, a feeling that many of these hesive group committed to a common cause. moments of comment, but we are not a countries now understood how impor- Another consequence of the Bush Adminis- serious part of this national concern tant a friendship with the United tration’s Iraq policy is that it could uninten- and national conversation over what States would be for their future and for tionally undermine the President’s broader will happen in Iraq. That is indeed un- the world. goal of implanting the seeds of reform in the fortunate. Look where we are today. We are at region. If the intervention comes to be seen There are several facts I think every- by Iraq’s neighbors as illegitimate, the re- a point now where we are trying to win sult could be more radicalism, not less. The one concedes, virtually everyone, on ei- enough friends to show that we have a Administration’s lofty goals in the Mideast ther side of the issue. The first and multilateral coalition that is going to could be much harder to achieve if ‘‘Ameri- most obvious is that Saddam Hussein wage this war against Iraq. cans are seen less as a partner than as a for- is a ruthless dictator. His continued I ask unanimous consent to have eign power,’’ says Jon B. Alterman, who re- domination over the nation of Iraq will printed in the RECORD an article that cently left the Bush State Department. continue to pose a threat to the region was published in Business Week. The In a sense, the current bargaining round and a concern for peace-loving nations was heralded by the September 11 terror edition was March 10, 2003. strike on America. In the subsequent war on around the world. The sooner his re- There being no objection, the mate- the Taliban regime in Afghanistan, the gime changes, the better. The sooner rial was ordered to be printed in the White House decided it had to shore up we control his weapons of mass de- RECORD, as follows: friendship and showered largesse on new al- struction, the better for the region and [From Business Week, Mar. 10, 2003] lies ranging from Tajikistan to impoverished African nations. None fared better than for the whole world. No one argues that DOLLAR DIPLOMACY point, not even the nations in the U.N. Pakistan, a desperately poor country that Money, it is often said, is the mother’s was pivotal in the anti-terror war. President Security Council that are arguing with milk of politics. It’s also turning out to be the United States about the best ap- Pervez Musharraf’s regime suddenly found the nectar of superpower diplomacy. itself freed of sanctions imposed for its nu- proach. As George W. Bush approaches the diplo- clear testing and the beneficiary of a $12.5 The second thing I think should be matic climax of his arduous drive to win billion debt restructuring from the U.S. and said at the outset is no one questions backing for war with Iraq, U.S. diplomats in- other nations. That helped lift Pakistan the fact that the U.S. military, the creasingly find themselves tempted to bran- from a debtor nation to one that now runs a men and women who make it the best dish Uncle Sam’s checkbook—and with it, modest current-account surplus. military in the world, deserve our sup- the suggestion that sticking with America Now, the Bush team faces a far more for- now might mean rewards later. Much of this midable chore in mustering global support port and our praise. They deserve our bid to win friends is playing out in the U.N. continued devotion to their success, for disarming Iraq by force. With skepticism Security Council, which is grappling with a rampant, France and a big bloc of nations whatever our debate about the policy U.S.-backed resolution that could trigger fear the consequences of the U.S. making in the Middle East or even in Iraq. As military action against Saddam Hussein. But preemptive attacks an acceptable policy far as those 250,000 American service- in broader terms, pressure on the White tool. Just as important, they fear that the men now stationed around Iraq, and House to dangle inducements transcends the risks of a destabilized Mideast far outweigh many others on the way, whatever our U.N. debate and goes to the heart of Wash- the danger Saddam poses. And in the region, position on the President’s policy, that ington’s current dilemma—America’s pov- where Saddam has been weakened and con- erty of friendship. tained since the 1991 war, resistance to a U.S. is irrelevant. We are totally committed For two years, Administration diplomacy to their safety and their safe return. invasion has led some countries to limit the has been marked by a brash Texas swagger American military’s rights to nearby bases. That is exactly the way it should be. that Bush partisans consider a refreshing ex- With allies scarce, small wonder that the Having said that, though, I think it ercise in plain-speaking—and which some Bushies may be tempted to float aid prom- is still important for us to step back traditional allies consider arrogance. But the ises—or be hit with a raft of ‘‘impact pay- and ask how we have possibly reached differences go beyond style. In walking away ment’’ requests from countries such as this state that we are in today. The from global treaties and disdaining the views Egypt, Israel, Turkey, and Jordan, who United States finds itself in a period of of traditional allies, Bush foreign policy has claim their economies will be damaged by anti-Americanism around the world also been marked by an in-your-face the fallout of any conflict. ‘‘When somebody unilateralism that has set much of the world that is almost unprecedented. I trav- knows they’re necessary for your game plan, on edge. they raise the price,’’ says former top State eled abroad a few weeks ago. I was Now, with the Administration struggling Dept. official Chester A. Crocker. stunned to find in countries that have to round up allies and hosting the leaders of The Bush Administration stoutly denies traditionally been our friends and al- such nations as Latvia and Bulgaria to dem- it’s buying U.N. support or military access. lies that, although they are saying lit- onstrate the depth of its coalition, the price ‘‘The President is not offering quid pro tle, in private they are very critical of of that disdain is coming into focus. ‘‘We’ve quos,’’ insists White House Press Secretary the United States and what we have made it harder than it had to be by taking a Ari Fleischer. In fairness, the practice of ce- done. high-handed approach,’’ says Samuel R. menting an entente with aid is hardly lim- Berger, National Security Adviser during the What happened between September ited to the Bushies. The Clintonites, who Clinton Administration. currently assail Bush’s need to reach for his 11, 2001, and March 13, 2003? Remember Indeed, the bill for the Administration’s wallet, threw billions at North Korea to keep that date, after the September 11 trag- approach is just starting to come due—and its nuclear program shuttered. They also edy, when nations all around the world, the bottom line is breathtaking. On Feb. 25, were forced to shrug when U.S. contributions including some of our historic enemies, Bush aides revealed that the cost of a mili- to the International Monetary Fund were came forward and said they would tary campaign could top $95 billion. That’s a squandered by Russian kleptocrats. ‘‘Check- stand with the United States in fight- far cry from what happened during the first book diplomacy,’’ says former State Dept. ing the war on terrorism? It was an Gulf War, when coalition partners paid some official Helmut Sonnenfeldt, ‘‘is as old as $70 billion of the $75 billion war tab. ‘‘Re- checkbooks.’’ amazing moment in history. It is a mo- building Iraq will require a sustained com- The most naked example of haggling came ment we will never forget as Ameri- mitment from many nations including our in the U.S.-Turkey base talks. With Turkish cans. own.’’ Bush said in speech to the American public opinion strongly antiwar and an econ- For the first time since the British Enterprise Institute on Feb. 26. But the fact omy on the ropes, the Turks sought upwards came into this building in the War of is, the U.S. will likely find itself shouldering of $35 billion in U.S. assistance for the right

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3706 CONGRESSIONAL RECORD — SENATE March 13, 2003 to station American troops on Turkish soil of Washington’s current dilemma—America’s moded. It is critically important for us for use in a pincer move against Saddam. poverty of friendship. to consider building alliances to After bitter negotiations, Ankara came away It goes on to say: achieve important goals for the United with a package that includes up to $20 billion And buying allegiances one country at a States and the world because in build- in cash and loans, some NATO military gear, time is a far cry from building a cohesive ing those alliances through the collec- and assurances that Iraq’s Kurdish national- group committed to a common cause. An- ists will be kept in check. Says Mehmet tive security of the United Nations, we other consequence of the Bush Administra- bring together common values, a con- Simsek, A London-based analyst with Mer- tion’s Iraq Policy is that it could uninten- rill Lynch & Co.: ‘‘The bottom line is, it will tionally undermine the President’s broader sensus on strategy, and a world vision give Turkey some breathing room.’’ goal of implanting the seeds of reform in the that will serve all of us well. One reason the talks were so tough is Tur- region. If the intervention comes to be seen key’s history with Desert Storm. After that To walk away from the United Na- by Iraq’s neighbors as illegitimate, the re- tions and say, once having engaged war, the U.S. backed out of promises to com- sult could be more radicalism, not less. pensate the country for the loss of trade with The Administration’s lofty goals in the them in a resolution, that we may not Iraq and aid to refugees. Now the Turks want Mideast could be much harder to achieve if be able to pass a use-of-force resolution money up front. ‘‘Americans are seen less as a partner than and that we will do it ourselves is to Jordan may actually be the hardest hit of as a foreign power,’’ says Jon B. Alterman, walk away from an important concept Iraq’s neighbors this time, so Washington is who recently left the Bush State Dept. which has been fostered by the United also receptive to Amman’s calls for help. ‘‘Nearly a quarter of our GDP could be What a dramatic turn of events, and States and supported by the United knocked out as a result [of a new war],’’ frets from the spirit of international co- States and which has been critically Fahed Fanek, a Jordanian economist. The operation, fighting the war on ter- important to us as recently as our ef- Administration is expected to ask Congress rorism, for the United States to be in a fort in the Persian Gulf and in Afghani- for $150 million in aid on top of the $300 mil- bidding war to try to bring the Turks stan. lion a year Jordan now receives. The U.S. al- into the position where they will allow But, by tomorrow, the decision may ready has started to deliver on a deal for F– us to use their country, it is just such be made. If the United Nations Secu- 16 fighters and Patriot II missiles, likely at a change from where we were. It re- a discount. rity Council does not support us, it is Other neighbors have their hands out, too. flects a sad decline in our diplomatic indeed possible that we will have uni- Israel wants $4 billion in additional military skills. lateral action by the United States, aid and $8 billion in loan guarantees. Egypt, Consider at the same time what is with the possible support of the Brit- which sees war losses of $1.6 billion to its happening in North Korea. Here we ish. tourist-dependent economy, wants faster de- have a country which has decided to livery of as much as $415 million earmarked test the United States. Why they have I asked the Secretary of Defense, for Cairo. decided is anyone’s guess. But let me Secretary Rumsfeld, several weeks ago: Much of the dickering has been more sub- hazard one. They see what is happening Who are our allies in this coalition tle. Key swing votes on the Security Coun- in Iraq. Iraq is waiting for the United against Iraq? He said: Certainly the cil—Chile, Guinea, Cameroon, Angola, Mex- United States with about 250,000 ico, and Pakistan—have growing trade ties Nations and others to protect them from a United States invasion, and troops, and the British with about with the U.S. that could be jeopardized by a 26,000 troops, and others. I said: Of the vote against the U.S. resolution. Both they are not being successful. North France and the U.S. are vying for those Koreans decided to take a much dif- others, who would rank third? At that votes, the U.S. by noting that the America ferent course. They are confronting the point, he said: The Turks. drive to ease agriculture subsidies among United States in the crudest and most We know what is happening. Their rich nations could open markets to Third dangerous way—suggesting that they Parliament will not allow us to use World farmers. are going to build nuclear weapons; their country as a base of operation. What will be most telling is how Pakistan votes. After all, U.S.-backed debt restruc- they are going to fire missiles; they are That may change. But it shows, when turing allowed the country to adopt reforms going to harass our aircraft; and they it comes to this effort, that it is by and that have helped revive the economy. And are going to defy us. They believe that large a bilateral effort by the United President Musharraf left Washington in late is the way to hold the United States States and the British against the 2001 with a 15% increase in clothing and tex- back. The process they are building up Iraqis. I think that is not the best ap- tile exports to the U.S., worth $500 million to could potentially proliferate nuclear proach. I think it is far better for us to Pakistani manufacturers. But Pakistani offi- weapons around the world. acknowledge what I think is the real cials insist money won’t sway their vote. Our response there, unlike with Iraq effective approach, and that is to en- ‘‘This is a matter of much greater impor- where we are full bore with a quarter gage our allies in the United Nations tance than just a question of incentives,’’ million troops and billions of dollars says Munir Akram, Pakistan’s U.N. ambas- and in the Security Council to put sador. committed, is to not even speak to the meaningful deadlines on Saddam Hus- It’s still far from clear whether dollar di- North Koreans. I don’t understand that sein; for the inspectors to reach their plomacy will give Uncle Sam a clearcut vic- level of diplomacy. I don’t understand goals; to let Saddam Hussein know tory in the U.N. But even without an affirm- how that will make this a safer world. that every step of the way, his failure ative vote, Bush seems intent on going ahead Let us reflect for a moment, though, to cooperate could result in the United with plans to attack Saddam by late March. on what is happening in the United Na- Nations taking action against him. Then the questions become: What kind of al- tions. I have read the critics from the That does not call for an invasion, but liance will Bush be heading, and how durable right who basically said we should go will such a coalition of convenience be? it puts him on a tight timetable that If all goes swimmingly on the battle-field, right over the United Nations; we no he has to live by. longer need them; we have the power; some of today’s qualms will surely fade—re- To abandon the inspections, to aban- we don’t need to wait around for small placed by radiant TV images of liberated don the role of the United Nations, and Iraqis and new-wave technocrats who vow to nations with populations that are a to launch a unilateral invasion of this build a new nation. But if the intervention fraction of the United States to decide country is going to be something that turns into the oft-predicted miasma of Mid- whether they will support us. In a way, I think we may regret. Will we be suc- dle Eastern intrigue and dashed hopes, in the world of realpolitik, that is true. America could find itself standing far more cessful militarily? I believe we will. I But the United States, in informing alone than it is today. Fast friends may be can’t tell you the cost in terms of the United Nations, had something else hard to come by in the self-centered world of American lives or in terms of Iraqis in mind. It is not just a matter of diplomacy. Still, the kind you make because killed. But I trust our military to suc- whether we have the power and a show of truly shared interests seem preferable to ceed in this mission. the kind you rent. of more strength than the United Na- Mr. DURBIN. Let me quote several tions as a member but whether the Having succeeded militarily, though, lines from this article in Business United States is stronger with collec- what will we then face? We will face, of Week, not known as a liberal publica- tive security engaging other countries course, the devastation in Iraq. tion: around the world to join us in efforts This week, we learned that the But in broader terms, pressure on the such as containing Iraq and its danger. United States was now soliciting bids White House to dangle inducements tran- I happen to believe that collective se- from companies in the United States scends the U.N. debate and goes to the heart curity is not old fashioned and out- for the reconstruction of Iraq before

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3707 the bombs have even fallen. That could The policies we are now asked to advance now they are afraid. Who will tell them con- be momentous in terms of cost. We will are incompatible not only with American vincingly that the United States is as it was, face it. values but also with American interests. Our a beacon of liberty, security, and justice for As Tom Friedman of the New York fervent pursuit of war with Iraq is driving us the planet? Times has written, when we go into a to squander the international legitimacy Mr. Secretary, I have enormous respect for that has been America’s most potent weapon your character and ability. You have pre- gift shop and see the sign, ‘‘If you of both offense and defense since the days of served more international credibility for us break it, you own it,’’ the fact is when Woodrow Wilson. We have begun to dis- than our policy deserves, and salvaged some- we invade Iraq and remove its leader- mantle the largest and most effective web of thing positive from the excesses of an ideo- ship and occupy that country, it is international relationships the world has logical and self-serving Administration. But then our responsibility. Others may ever known. Our current course will being your loyalty to the President goes too far. help us, but it is primarily our respon- instability and danger, not security. We are straining beyond its limits an inter- sibility. The sacrifice of global interests to domes- national system we built with such toil and tic politics and to bureaucratic self-interest treasure, a web of laws, treaties, organiza- The same thing is true in terms of is nothing new, and it is certainly not a the long-term vision of Iraq. This is a tions, and shared values that sets limits on uniquely American problem. Still, we have our foes far more effectively than it ever country with no history of self-govern- not seen such systematic distortion of intel- constrained America’s ability to defend its ment, this is a country with no history ligence, such systematic manipulation of interests. of democracy, and we want to bring American opinion, since the war in Vietnam. I am resigning because I have tried and certain values there. We have to con- The September 11 tragedy left us stronger failed to reconcile my conscience with my cede the fact that it will take some than before, rallying around us a vast inter- ability to represent the current U.S. Admin- time before they arrive at that point. national coalition to cooperate for the first istration. I have confidence that our demo- time in a systematic way against the threat We will be there in an occupational cratic process is ultimately self-correcting, of terrorism. But rather than take credit for and hope that in a small way I can con- way with others perhaps, but we will those successes and build on them, this Ad- have the responsibility of making that tribute from outside to shaping policies that ministration has chosen to make terrorism a better serve the security and prosperity of transformation a permanent or domestic political tool, enlisting a scattered the American people and the world we share. semipermanent presence of American and largely defeated al Qaeda as its bureau- Sincerely, troops in the Middle East and all that cratic ally. We spread disproportionate ter- JOHN BRADY KIESLING, that entails. ror and confusion in the public mind, arbi- U.S. Embassy Athens. At the same time, it is bound to en- trarily linking the unrelated problems of ter- Mr. DURBIN. Mr. President, this let- rage our enemies around the world— rorism and Iraq. The result, and perhaps the ter is a letter of resignation. Mr. those who think the United States is motive, is to justify a vast misallocation of shrinking public wealth to the military and Kiesling, a career diplomat who has acting unilaterally and not acting in to weaken the safeguards that protect Amer- served in United States embassies concert with other nations, peace-lov- ican citizens from the heavy hand of govern- around the world, resigned over our ing nations that would share our ulti- ment. September 11 did not do as much dam- foreign policy in Iraq. I will not read mate goals. That, too, may complicate age to the fabric of American society as we the entire letter. But this I will read. It the war on terrorism. That has been seem determined to do to ourselves. Is the is the letter from Mr. Kiesling to Sec- conceded by intelligence agencies and Russia of the late Romanovs really our retary Powell: model, a selfish, superstitious empire thrash- others. Our efforts in Iraq may spread The policies we are now asked to advance ing toward self-destruction in the name of a the seeds of terrorism on new ground, are incompatible not only with American doomed status quo? and maybe even here in the United We should ask ourselves why we have values but also with American interests. Our States. We will have to work that failed to persuade more of the world that a fervent pursuit of war with Iraq is driving us much harder to protect ourselves. war with Iraq is necessary. We have over the to squander the international legitimacy I want to enter into the RECORD a let- past two years done too much to assert to that has been America’s most potent weapon ter sent to Secretary of State Colin our world partners that narrow and merce- of both offense and defense since the days of Powell from John Brady Kiesling, who nary U.S. interests override the cherished Woodrow Wilson. We have begun to dis- is with the United States Embassy in values of our partners. Even where our aims mantle the largest and most effective web of were not in question, our consistency is at international relationships the world has Athens, Greece. ever known. Our current course will bring in- I ask unanimous consent that this issue. The model of Afghanistan is little comfort to allies wondering on what basis we stability and danger, not security. letter be printed in the RECORD. plan to rebuild the Middle East, and in whose Those are the words of a man who There being no objection, the mate- image and interests. Have we indeed become rial was ordered to be printed in the was a career diplomat serving the blind, as Russia is blind in Chechnya, as United States with principle and con- RECORD, as follows: Israel is blind in the Occupied Territories, to victions and who resigned from the dip- Hon. COLIN POWELL, our own advice, that overwhelming military Secretary of State, power is not the answer to terrorism? After lomatic corps over our policy in Iraq. Washington, DC. the shambles of post-war Iraq joins the That is a sad commentary, but it is a DEAR MR. SECRETARY: I am writing you to shambles in Grozny and Ramallah, it will be reality. submit my resignation from the Foreign a brave foreigner who forms ranks with Mi- The reality is that we are following a Service of the United States and from my po- cronesia to follow where we lead. course of foreign policy that is a dra- sition as Political Counselor in U.S. Em- We have a coalition still, a good one. The matic departure from what we have fol- bassy Athens, effective March 7. I do so with loyalty of many of our friends is impressive, lowed for almost 50 years. We are mak- a heavy heart. The baggage of my upbringing a tribute to American moral capital built up included a felt obligation to give something over a century. But our closest allies are per- ing decisions relative to this war in back to my country. Service as a U.S. dip- suaded less that war is justified than that it Iraq which are changing the rules the lomat was a dream job. I was paid to under- would be perilous to allow the U.S. to drift United States has not only lived by but stand foreign languages and cultures, to seek into complete solipsism. Loyalty should be preached for decades. We are con- out diplomats, politicians, scholars and jour- reciprocal. Why does our President condone fronting the world that has most re- nalists, and to persuade them that U.S. in- the swaggering and contemptuous approach cently been our allies in the war on terests and theirs fundamentally coincided. to our friends and allies this Administration terrorism and telling them that, with My faith in my country and its values was is fostering, including among its most senior or without their cooperation and ap- the most powerful weapon in my diplomatic officials. Has ‘‘oderint dum metuant’’ really arsenal. become our motto? proval, we are going forward with an It is inevitable that during twenty years I urge you to listen to America’s friends invasion of Iraq. We are saying to the with the State Department I would become around the world. Even here in Greece, pur- rest of the world that the United more sophisticated and cynical about the ported hotbed of European anti-Ameri- States has the power and will to use it. narrow and selfish bureaucratic motives that canism, we have more and closer friends It is certain that we have the power sometimes shaped our policies. Human na- than the American newspaper reader can and the strength. The question is ture is what it is, and I was rewarded and possibly imagine. Even when they complain whether or not we have the wisdom— promoted for understanding human nature. about American arrogance, Greeks know the wisdom to understand that simply But until this Administration it had been that the world is a difficult and dangerous possible to believe that by upholding the place, and they want a strong international having the strength is not enough. policies of my president I was also upholding system, with the U.S. and EU in close part- I would like to quote a few words the interests of the American people and the nership. When our friends are afraid of us from a statement made on this floor on world. I believe it no longer. rather than for us, it is time to worry. And October 3 last year by a man who used

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3708 CONGRESSIONAL RECORD — SENATE March 13, 2003 to sit directly behind me here, Paul in the judgment of many in this coun- month, saw 308,000 people lose their Wellstone of Minnesota. I miss him try, is an urgent, serious threat to our jobs. every single day. I pulled out the state- country. They kicked out the inspec- Now just think of one of those. I am ment he made relative to this use of tors. And they do have nuclear weap- not asking you to think about 1,000, force resolution. I can recall now when ons, at least according to our intel- 10,000, 100,000 or 300,000—just one, who he said some of these words. ligence officials. They believe North comes home and says to his or her fam- I quote from Senator Wellstone: Korea does have nuclear weapons. ily: Something happened at work To act now on our own might be a sign of The threat of terrorism continues in today. I lost my job. It wasn’t my more power. Acting sensibly and in a meas- this country. Homeland security is a fault. I have done the best I could. I am ured way in concert with our allies with bi- top priority. And all of these issues are a good worker, but I have lost my job partisan congressional support would be a very important. But I want to speak because the economy is not working sign of our strength. about an issue here at home; that is, well. It’s soft. It is still true today. It is true so domestic policy, especially this coun- So what happens here in Washington, many months later. try’s economy. DC? Well, we act as if none of this is I think the President and this admin- We wake up every morning—for going on. This is a cheering section, to istration still have a chance to take months in this country—hearing the say: Well, things are going to be better. what could be a course of action that lead story on the news being war with This is not a problem. What are you departs from a tradition in values Iraq. It is the lead story every morn- complaining about? which we have stood by and preached ing, bar none. It is an important story, Let me talk, just a little, about for so many decades, and return to no question about that. But there are a where we are with this economy of those values in our efforts in Iraq. lot of folks who wake up in this coun- ours. We have a $10 trillion economy in And I hope we do it. I hope we do not try these days who are out of jobs. this country. This is the biggest, the discard the United Nations and all of Some 8 million people—perhaps more best economy in the world. None of us our allies who are part of it. I hope we than that, we are told—do not have would want to live elsewhere. We are understand that when some of our best work. friends around the world question Madam President, 308,000 additional lucky to be Americans, lucky to be Americans alive now. But our responsi- whether we are approaching this sen- people lost their jobs last month bility, as Americans, is to nurture, pro- sibly, it does not demonstrate their alone—308,000 people. Do you know who tect, and foster the development of this weakness but really calls into question loses their jobs first? Oh, it is not great country of ours, and that means whether we have the humility to step Members of Congress and it is not peo- protecting this economic engine that back and say: Can we do this more ef- ple who drive big cars. It is the people produces the jobs and the opportunities fectively for a more peaceful world for who know the definition of ‘‘second- for the American people. generations to come? hand,’’ ‘‘second shift,’’ ‘‘second jobs.’’ Now, in May of 2001, we had an econ- Madam President, I close by saying, I It is the people who struggle at the omy that economists told us would return now, in just a few moments, to bottom of the economic ladder. They produce budget surpluses at the Fed- my home State of Illinois. As I walk are the last to be hired and the first to eral level as far as the eye could see. the streets of Springfield, of Chicago, go. They said: I tell you, we’re walking in and of other cities, people come up to This economy of ours is in trouble. It tall clover here. There are going to be me and say: Why don’t I hear a debate is time to stop tiptoeing around and budget surpluses for 10 years, so you all in the U.S. Congress about Iraq? pretending about it. We have two Budg- ought to get about the business of pro- Well, the fact is, that debate was et Committees meeting now in this viding big, big tax cuts. waged and decided last October. I was Congress. We have a budget submitted President Bush came to town and one of 23 Members who voted against by this President that is completely, in said: My heavy lifting is to ask the the use of force resolution because I be- my judgment, irresponsible. That is American people to accept big tax cuts. lieve there is a better way: a collective not a partisan criticism, it is just a That is the easiest lift in American approach with the United Nations, that criticism of a budget that completely politics, I guarantee you. I would like makes certain that the United States ignores what is happening in this coun- to see one politician who works up a has a coalition of nations behind it in try. It is a budget that pretends every- sweat asking people to accept tax cuts. suppressing the evil of Saddam Hussein thing is just fine and all we need to do So the President said: $1.7 trillion in and his dangers to the region, rather is keep doing what we have been doing tax cuts; that’s my plan. I stood at this than a coalition of nations united and this country will see its economy desk then, and I said: I think we ought against us. That, sadly, is what we face come out of the doldrums. That is pat- be a little conservative. What if some- today. ently untrue, in my judgment. It is thing happens? What if we are giving The vote in the United Nations to- time for us to say that. away money we don’t get? What if we morrow is historic. I hope we have the Let me talk a bit about this plan and don’t have these surpluses? What if support of that institution. I hope, if about where we are. There is not a something that we can’t predict at this we do not, this administration will Democrat or Republican way to fix point occurs and these surpluses don’t pause before unleashing the furies of what is wrong with this ship of state exist? What you are going to do is run war and consider whether there is a with respect to its economy. But there into big deficits and have our children better, more measured and sensible ap- are right ways and wrong ways to do it. shoulder the consequences of this mis- proach to show not only our might but And I know that the moment we dare take. our strength and clarity of purpose. criticize the administration, we have Well, I lost that debate. And so a $1.7 I yield the floor. all of these strident voices from the ex- trillion tax cut proposed by the Presi- The PRESIDING OFFICER. The Sen- treme of the political system who say: dent was pushed through this Congress. ator from North Dakota. Well, how dare you criticize the admin- And guess what. In a matter of f istration or the President. months—just a matter of months—we Look, I think both parties have done discovered our economy was in a reces- THE ECONOMY plenty wrong in this country’s past. sion. Months after that, September 11, Mr. DORGAN. Madam President, my But we face an intersection now that is the most devastating terrorist attack colleague from Illinois has been talk- unlike any intersection America has against this country in its history; ing about foreign policy and, more spe- come to in a long time. This intersec- months after that, a series of corporate cifically, about Iraq and the use of tion is one where we confront both se- scandals unlike any we have ever seen force. He touched on the issue of North rious, urgent foreign policy problems— in this country; during all of that time, Korea and terrorism. Iraq, North Korea, terrorism, and the bursting of the technology bubble We do need to have more debate, ag- more—and, at the same time, confront and the collapsing and pancaking of gressive and thoughtful debate, about very serious problems here at home— the stock market; and during all of all of these issues. There is no question an economy that is languishing, with- that time, the prosecution of a war that North Korea, in my judgment, and out growth, an economy that, last against terrorism.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3709 You think about that, all of those doing well. This kid is part of the pro- We are doing a shadow dance in this consequences—a recession, the burst- gram for the school, the title I funds Chamber. Everybody here knows this ing of the technology bubble, the for disadvantaged kids. That is the nonsense does not add up, and no one is pancaking of the stock market, cor- kind of investment we make in these willing to say it because the minute porate scandals, a war against ter- kids. And this little boy needed some of you say it, people start screaming that rorism. All of that combined to create that investment. That is what we do you are somehow disloyal to this ad- a dramatic difference in this economy. with title I, with Head Start. We give ministration. We have far less revenue coming in. these tiny kids who don’t have it so I want this administration to suc- And the result is, big deficits. good an opportunity to get a head start ceed. I want this President to succeed. Here is what we found: in education. I want him to succeed so this country In May of 2001, Mr. Daniels, the head With Pell grants, kids who couldn’t does well. I want our economy to grow. of OMB, said: We are going to have a go to college get an opportunity to go I want our foreign policy challenges $5.6 trillion surplus. We had better get to college. I had a young Native Amer- with Iraq and North Korea and others about the business of having big tax ican stand up in a meeting once and to work out in the right way. I don’t cuts, he and the President said. say: Mr. Senator, I am an American In- come here wanting us to fail. But if we Well, in 2 years, we went from a $5.6 dian. I am the first in my family ever don’t stand up and point out the obvi- trillion estimated surplus to a $2.1 tril- to go to college. I am able to be here ous, that we are headed down a path to- lion deficit. That is nearly an $8 tril- because I have Pell grants, because we ward deeper and deeper Federal budget lion change in the economic fortunes of don’t have any money. I will graduate deficits with which we will saddle our this country. And yet we have people from this college, and I will go back to children, if we don’t change course, acting as if it is not happening. None of teach school on the Indian reservation this country is not going to grow and this is happening, according to them. which I came from. will not provide opportunities. What is the antidote to this? What do He did. That is the value of investing I suppose there will be many who will we do? Well, let’s ratchet up some more in some of these programs such as edu- continue this shadow dance that goes tax cuts. Short of money? Well, then, cation programs for some of these kids. on to pretend everything is just fine, reduce your revenue stream. So the We can just talk about it as if it is but we know better than that. If we President proposes more large tax cuts. some amorphous program that does not were headed towards these deficits I suppose if you don’t care about fis- mean anything with no names at- with the previous administration, I cal responsibility, about budget defi- tached, but that is not the case. All of guarantee you there would be 20 people cits, then you can do that. But the fact these investments in the lives of young in this Chamber every night putting is, we have seen this calculation before. children make a difference. So when we blue smoke out the Chamber; they I come from a high school of nine. We talk about fiscal policy and plans and would be so upset about it. But some- how in the shadow of 9/11, we have didn’t have higher math, but there is budgets, it is just too easy for some moved to a circumstance where the only one way to add one and one that people who don’t understand that there most irresponsible fiscal policy I have equals two. That is the math book I is a constituency out there. They don’t ever seen proposed is judged to be a studied. have lobbyists in the hallway. There The fact is, this administration’s yawn by this Chamber. are no 5-year-olds or 6-year-olds or 3- We have the two Budget Committees budget does not add up. They say in- year-olds waiting as we leave the crease defense spending, increase meeting, and they are saying: We can Chamber to say: Please, Mr. Senator, fit all this in. We can fit in big tax homeland security spending, have less will you help us. They don’t have the cuts. In fact, now they say—those so- revenue, and have a few budget cuts in voices here. called conservatives—deficits don’t domestic discretionary programs, and The fact is, just taking one example even matter. It is not a big thing to be it will all add up. It doesn’t add up. of what we do that makes a difference worried about. They want to pretend that it adds up. in people’s lives, in education of chil- I don’t understand what has hap- The American people know it doesn’t dren, especially children who haven’t pened with respect to the relative posi- add up. had it so good, we have people who just tions of politicians these days. Con- On the domestic discretionary piece, blithely walk around here these days servatives say deficits don’t matter? they say let’s increase these two big and say: This is not a difficult cir- That is a different kind of conservative areas of spending: Defense, homeland cumstance to get out of. Give the than I am familiar with. Deficits, of security. Let’s cut taxes. And inciden- wealthy some very big tax cuts, spend course, matter. Someone has to repay tally, let’s cut taxes on average for $675 billion that we don’t have, charge them. someone with $1 million a year in in- it to the kids, cut back on education I don’t mean to belabor this point, come, let’s cut their taxes on average programs, and cut back on many of the but on top of this fiscal policy that has nearly $90,000 a year. We can afford other programs that help people who us now headed towards the largest defi- that, they say. But, they say, what we don’t have it so good and call it a day. cits in the history of our country, take will do is take it out of domestic dis- Have a good night’s sleep. Social Security out of the calculation, cretionary spending, nondefense. What Those who can sleep with those prior- and you should. The Social Security does that mean? That means what we ities, in my judgment, have a mis- surpluses should not be used to reduce will do is cut back on title I spending. placed priority of public service. The the budget deficit. They are trust That is what they talked about in one priority in this country ought to be, funds. The President proposes taking of the budget resolutions today. first of all, to have a fiscal plan that all the trust fund and using it, but they I toured a school about 2 weeks ago. adds up so this country’s economy has ought not. So if you take that out, you At the library there was a third grader, a chance to grow and provide opportu- have a budget deficit this year of near- a young boy, great-looking young kid, nities and jobs for people. ly $450 billion. But add to that a trade looking at a book and pictures. I met There is no social program we work deficit of over $460 billion this year him and said hi to him. I came up be- on that is as important for working alone—the highest in human history. hind him and tapped him on the shoul- people as a good job that pays well. So This economy is off course. We need to der. The principal of the school, after making this economy work, giving it fix it. we got out of earshot of the young boy, the opportunity to work, having it add We need to stand up for the economic said: Do you know something about up so people have confidence in the fu- interests of America in trade and begin that boy? You can’t tell it right now, ture is critically important. And then reducing that trade deficit, because we but that young boy almost died. He was at the same time preserving the oppor- have to pay that with a lower standard subject to the most severe abuse I have tunity for some very important things, of living in our future. That is not an ever seen in a family. He was beaten whether it is helping family farmers option. That trade deficit is owed to badly, taken away from his mother be- during a disaster, helping young kids other countries. You can make an ar- cause of the beatings. You know he is get a chance to start in school through gument as an economist that the budg- doing very well now. This little kid has the Head Start program—all of those et deficit we owe to ourselves. None- kind of gotten through all of this. He is are so important. theless, we will still have to bear that

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3710 CONGRESSIONAL RECORD — SENATE March 13, 2003 burden. But our children will likely THE WORDS OF ALISTAIR COOKE moderate Conservatives—a slogan that now bear the burden of a 10-year deficit sounds as imbecilic as ‘‘against hospitals and Mr. STEVENS. Madam President, I disease.’’ In blunter words a majority of that is put on their shoulders by a fis- am glad to see an Alaskan in the chair cal policy that is irresponsible. Britons would do anything, absolutely any- as I make this statement. This morn- thing, to get rid of Hitler except fight him. We will have a budget debate next ing, as it usually happens, when I At that time the word pre-emptive had not week. I will offer amendments. My col- turned on my computer, I found a se- been invented, though today it’s a catch- leagues will offer amendments. I don’t ries of e-mails from friends at home. I word. After all the Rhineland was what it have any interest in deciding that Re- do not always have time to read them said it was—part of Germany. So to march in publicans have the wrong answer and then, but I saw one from a very close and throw Hitler out would have been pre- Democrats have the right answer. emptive—wouldn’t it? friend, who has been a friend now for Nobody did anything and Hitler looked for- There are good answers that come from over 50 years—Frank Reed, a former all parts of the Chamber. But the con- ward with confidence to gobbling up the rest neighbor, a person who has helped me of Western Europe country by country— struct of this fiscal policy is just fun- in many ways in my life. He asked me ‘‘course by course’’, as growler Churchill put damentally wrong and everybody in to read this article he attached to his it. this Chamber who knows how to add e-mail. I get a little disturbed when I I bring up Munich and the mid-30s because and subtract ought to know that. It is see that the testament is a little longer I was fully grown, on the verge of 30, and knew we were indeed living in the age of anx- time for us to start speaking about it. than the e-mail. But I found that he I am perfectly interested in providing iety. And so many of the arguments mounted had sent me a verbatim transcript of against each other today, in the last fort- tax cuts to the American people when an article by Alistair Cooke entitled we have budget surpluses. But the tax night, are exactly what we heard in the ‘‘Peace For Our Time,’’ that was on the House of Commons debates and read in the cuts should be to working families and BBC News on Monday, February 3 of French press. should be distributed fairly. But at a this year. I want to read that tonight The French especially urged, after every time when we have the highest deficits, because I think it reflects what I have Hitler invasion, ‘‘negotiation, negotiation’’. to say let’s ignore them and let’s have been trying to say on the floor of the They negotiated so successfully as to have a political construct that increases their whole country defeated and occupied. Senate these past several weeks. But as one famous French leftist said: spending in the largest areas of spend- The following was written and spo- ing in the Federal budget and decreases ‘‘We did anyway manage to make them de- ken by Alistair Cooke. He said this: clare Paris an open city—no bombs on us!’’ taxes with very large tax cuts and then . . . I promised to lay off topic A—Iraq— In Britain the general response to every pulls the rest out of it out of some very until the Security Council makes a judgment Hitler advance was disarmament and collec- important things that invest in people on the inspectors’ report and I shall keep tive security. Collective security meant to in this country, including veterans and that promise. leave every crisis to the League of Nations. Indian health and education, and a But I must tell you that throughout the it would put down aggressors, even though, whole series of things, that is wrong. past fortnight I’ve listened to everybody in- like the United Nations, it had no army, We need to stand up and talk about volved in or looking on to a monotonous din navy or air force. it. I will speak about it at greater of words, like a tide crashing and receding on The League of Nations had its chance to a beach—making a great noise and saying prove itself when Mussolini invaded and con- length next week. I wish I could come the same thing over and over. And this or- quered Ethiopia (Abyssinia). The League to the floor and say this is a wonderful deal triggered a nightmare—a day-mare, if didn’t have any shot to fire. But still the cry fiscal policy. I just cannot. I feel obli- you like. was chanted in the House of Commons—the gated to say this is wrong; we are head- Through the ceaseless tide I heard a voice, League and collective security is the only ed in the wrong direction. We need to a very English voice of an old man—Prime true guarantee of peace. fix it as a country. Our children’s fu- Minister Chamberlain saying: ‘‘I believe it is But after the Rhineland the maverick ture depends on it. peace for our time’’—a sentence that Churchill decided there was no collectivity I will make one final point. On Sep- prompted a huge cheer, first from a listening in collective security and started a highly street crowd and then from the House of unpopular campaign for rearmament by Brit- tember 11, when this country was at- Commons and next day from every news- ain, warning against the general belief that tacked, we were one country. I was paper in the land. Hitler had already built an enormous mecha- proud of President Bush, and one of the There was a move to urge that Mr. Cham- nized army and superior air force. best speeches I ever heard he gave to a berlain should receive the Nobel Peace Prize. But he’s not used them, he’s not used joint session of Congress. This country In Parliament there was one unfamiliar old them—people protested. responded as one. But this country grumbler to growl out: ‘‘I believe we have Still for two years before the outbreak of does not do a service to its future by suffered a total and unmitigated defeat.’’ He the Second War you could read the debates in the House of Commons and now shiver at believing now—a year and a half fol- was, in view of the general sentiment, very properly booed down. the famous Labour men—Major Attlee was lowing that period of time—that voices This scene concluded in the autumn of 1938 one of them—who voted against rearmament still, because they don’t want to en- with the British prime minister’s effectual and still went on pointing to the League of gage in debate over issues that are im- signing away of most of Czechoslovakia to Nations as the savior. portant to our future, are somehow dis- Hitler. The rest of it, within months, Hitler Now, this memory of mine may be totally advantageous to our country. We need walked in and conquered. ‘‘Oh dear,’’ said irrelevant to the present crisis. It haunts a robust debate about the right fiscal Mr. Chamberlain, thunderstruck. ‘‘He has be- me. I have to say I have written elsewhere policy. We disserve our constituencies trayed my trust.’’ with much conviction that most historical During the last fortnight a simple but star- analogies are false because, however strik- if we don’t bring this debate to the tling thought occurred to me—every single ingly similar a new situation may be to an floor in an aggressive way. What official, diplomat, president, prime minister old one, there’s usually one element that is works? What will restore economic involved in the Iraq debate was in 1938 a tod- different and it turns out to be the crucial health to the country? What do we do dler, most of them unborn. So the dreadful one. It may well be so here. to improve economic growth, to pro- scene I’ve just drawn will not have been re- All I know is that all the voices of the 30s vide jobs, to get people back to work, membered by most listeners. are echoing through 2003 . . . and get the economy moving again? Hitler had started betraying our trust not Madam President, I was but 14, not 12 years but only two years before, when he 30. I remember the tension we all felt Those are the questions we have to ask broke the First World War peace treaty by as we construct a budget and put this occupying the demilitarized zone of the at that time, as country after country fiscal policy together. Rhineland. Only half his troops carried one became destroyed by Hitler. Previously I regret I come to say this fiscal pol- reload of ammunition because Hitler knew on the floor of the Senate, I mentioned icy makes no sense at all and must be that French morale was too low to confront Hitler and compared Saddam Hussein changed. I wish that were not the case, any war just then and 10 million of 11 million to Hitler. I was criticized even by the but it is. The result of that is I will be British voters had signed a so-called peace papers at home in Alaska. here with amendments, as will others, ballot. I was delighted to read Alistair It stated no conditions, elaborated no Cooke’s article that Frank Reed sent hoping we can improve this fiscal pol- terms, it simply counted the numbers of icy for our country’s future. Britons who were ‘‘for peace.’’ to me this morning, and I commend it I yield the floor. The slogan of this movement was ‘‘Against to the rest of the Senate. The PRESIDING OFFICER. The Sen- war and fascism’’—chanted at the time by This haunts me. It haunts those of us ator from Alaska is recognized. every Labour man and Liberal and many who lived through the thirties to know

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3711 we might go through the thirties again Senate when the unimaginable hap- He also was the former commander of because too many people refuse to lis- pened—terrorists struck a devastating the Army’s Chemical and Military Po- ten to the truth, refuse to listen to blow on American soil. lice Centers at Fort McClellan, AL, what some of us see in Saddam Hus- The September 11 attacks occurred which trains the military police who sein, as being another Hitler. less than a week after Al Lenhardt was are guarding our bases overseas. (The remarks of Mr. STEVENS per- sworn in as Sergeant at Arms. I do not Al Lenhardt was born in Harlem 59 taining to the introduction of S. 628 are think he took a day off for over 5 years ago. printed in today’s RECORD under months. He earned a bachelor’s degree in ‘‘Statements on Introduced Bills and Five weeks after September 11, a let- criminal justice from the University of Joint Resolutions.’’) ter containing a lethal dose of anthrax Nebraska, a master of arts degree in Mr. STEVENS. I suggest the absence was opened in my office. public administration from Central of a quorum. That incident remains the largest Michigan University, and a masters of The PRESIDING OFFICER. The bioterrorism attack ever on U.S. soil, science degree in the administration of clerk will call the roll. and one of the most dangerous events justice from Wichita State University. The assistant legislative clerk pro- in Congress’ history. He has also completed post-graduate ceeded to call the roll. Al Lenhardt’s leadership ability, ex- studies at the Kennedy School of Gov- Mr. DASCHLE. Madam President, I perience and demeanor were instru- ernment at Harvard, and the Univer- ask unanimous consent that the order mental in the Senate’s entry into the sity of Michigan Executive Business for the quorum call be rescinded. post-September 11 world. I am not sure School. The PRESIDING OFFICER. Without that before that terrible day any of us Between the Army and the Senate, objection, it is so ordered. fully appreciated the threat that Amer- he served for 4 years as executive vice f ica’s enemies posed to our U.S. Capitol, president and chief operating officer of a majestic and enduring symbol of our the Council on Foundations, where he HONORING GENERAL AL democracy. worked to harness the power of philan- LENHARDT Al Lenhardt rose to the challenge of thropy to meet some of America’s most Mr. DASCHLE. Madam President, a protecting against further terrorist at- urgent unmet needs. little over 18 months ago, I came to tacks on the Capitol complex and pro- He has been active in an array of or- this floor to welcome MG Alfonso tecting the people who work in and ganizations, from the Boy Scouts of Lenhardt to the Senate on his first day visit these buildings—without closing America, to the Boys and Girls Clubs of as this body’s Sergeant at Arms. ‘‘The People’s House’’ to the people Washington, DC, the National Office of Tomorrow will be GEN Lenhardt’s themselves. Philanthropy, and the Black Church last day in the Senate. Al provided calm and steady leader- Project. It is with profound admiration, and ship in the face of danger that reas- He has been married for 38 years to more than a little sadness, that I rise sured us all in an extraordinarily Jackie Lenhardt, one of the few people today to thank him for his extraor- stressful and emotional time. I have ever met who has a more com- dinary service, and to wish him much When deadly anthrax was released in manding presence than Al. Jackie and success and happiness in the years the Hart Building, 50 Senators and Al have three daughters—two lawyers ahead. their staffs, and 15 committees and and a doctor—and two grandchildren, Nominating Al Lenhardt to serve as their staffs, were displaced for 96 days Olly, who is 4, and Maya, who was born the Senate’s Sergeant at Arms was one while the building was remediated. 2 months ago. Never before—not even when the of the great honors of my time as ma- The closest thing to a complaint I’ve British burned the Capitol in 1814, had jority leader. It was also, I think, one ever heard from anyone who knew Al of the best decisions I made in more so may Senators been uprooted. Relocating them and their staffs pre- Lenhardt in the Army was from an offi- than 30 years of public service. cer who took a battalion six years after I did not know Al before we began sented an unprecedented logistical challenge. But Al Lenhardt and his Al had left it. the search for a Sergeant at Arms in He said: ‘‘It’s tough to go into a unit staff, and the staffs of the Rules Com- the summer of 2001. He was rec- after Al Lenhardt because he leaves mittee and the Secretary of the Sen- ommended to me by our former Sec- such strong footprints. Six years later, ate, responded quickly and well. The retary of the Senate, Jeri Thomson. his policies and procedures still stood. Jeri had met Al more than a decade business of democracy never stopped. Al Lenhardt stood tall in the face of He made a lasting impact on soldiers.’’ ago when they were both at the Ken- danger. And his steady hand assured The one consolation in saying good- nedy School of Government at Har- that the Senate kept functioning. bye to Al Lenhardt is knowing that the vard. She was impressed by his intel- Over the past 18 months, Al Lenhardt policies and procedures he instituted ligence, knowledge, steady demeanor rose to the occasion, demonstrating to here in the Senate will continue pro- and commitment to public service, me that he was indeed the right man, tecting us in the future. characteristics she correctly noted are with the right skills and experience, in Al’s predecessor, Jim Ziglar, began highly desirable in a Senate Sergeant the right place, at the right time. the effort to modernize security and at Arms. Al Lenhardt has had a remarkable protect the Capitol in an age of ter- Twenty minutes after meeting Al, I public career. rorism. And he made a good start. knew Jeri had identified the right per- He served in the United States Army But I think even Jim would acknowl- son for this job. for 32 years and as a combat veteran edge that it is Al Lenhardt who de- I also knew, when I nominated Al, wears the Purple Heart earned in Viet- serves the lion’s share of the credit for that he would make history in this nam. leading the Senate into the modern age Senate. What I did not realize is what He retired from the Army in 1997. of security and law enforcement. a crucial role he would play, and what His last Army position was com- If Congress is ever forced to vacate a difference he would make, in the his- manding general of the U.S. Army Re- this building, or even this city, for any tory of this Senate. cruiting Command at Ft. Knox, KY. length of time, the Senate will be able Al Lenhardt is the first African From that post, he managed more than to move and resume the work of de- American ever to serve as the Senate’s 13,000 people in 1,800 separate locations. mocracy immediately in a new loca- top law enforcement and administra- Before that, he served as the senior tion under a ‘‘continuity of oper- tive officer. In fact, he is the first Afri- military police officer for all police op- ations’’ plan that Jim Ziglar started can American to serve as an elected of- erations and security matters through- and Jeri Thomson and Al Lenhardt ficer of the Senate or House—ever. out the Army’s worldwide sphere of in- completed. That seems hard to believe, but it is fluence. While Al would be the first to state true. And after 212 years, I must say, it In the 1980s, he did counter-terrorism that more needs to be done, he has en- was long overdue. work in Germany against the Baader- sured that the Senate will continue op- And he was the individual serving as Meinhof Gang and other terrorist erations in the event of any emer- the top law enforcement officer of the groups. gency.

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But we should not burn We are better prepared to prevent at- faced and this Senate passed, Senator bridges—bridges that we will surely tacks—and to respond if attacks hap- DASCHLE, in selecting General need down the road—in our rush to war pen—than we were before Al Lenhardt Lenhardt—because September 11 came with Iraq. came here. during his honeymoon period. He had There is no debate that the brutal re- Because of Al Lenhardt, we know just gotten here. gime of Saddam Hussein must come to have an effective crisis communica- We were so well served and have been an end. He has a long history of attack- tions network that uses state-of-the- so well served. I want the RECORD to re- ing and murdering his own people, em- art technology. flect not only my great admiration and ploying chemical and biological weap- We have emergency evacuation plans my friendship for General Lenhardt, I ons, and continually defying the limits and drills. want the record to reflect for all Sen- set forth by the UN. There have been We’ve implemented state-of-the-art ator DASCHLE has done, nothing has reported links between Iraq and ter- mail security to prevent another night- been more important in the Senate rorist activity, although no link has mare like the anthrax attack. than his selecting this good man for been established between Iraq and the Capitol Police officers are getting this most important job. events of September 11. The Iraqi peo- new training to deal with the new Mr. DASCHLE. I thank my dear ple and the global community deserve threats. We are also expanding the po- friend, the Senator from Nevada, for to be free from a cruel dictator and the lice force—so our officers can get some his very kind words. threat to safety that he represents. much-deserved rest. The PRESIDING OFFICER. The Sen- The credibility of the United Nations Al Lenhardt has played a leadership ator from Montana. and of America is on the line. role in building stronger working rela- Mr. BAUCUS. Madam President, I We must take the time to fully weigh tionships with security and intel- walked over to the floor without real- the risks and costs associated with uni- ligence experts at the departments of izing we were giving a testament to lateral action against the results we Homeland Security, Justice, Defense General Lenhardt. But I could not will achieve. The threat Iraq poses is and other agencies. agree more with the words I heard from not imminent, at least not so immi- That is another way Al Lenhardt Senator DASCHLE, as well as the words nent that we can’t continue with an- made history. from Senator REID of Nevada. It is other week, or another month, of nego- The first Saturday morning after the true, as I reflect upon it, that I know of tiations to garner the support of mem- anthrax letter was opened, Al was at no man who contributed greater serv- bers of the United Nations Security work in the Capitol, surrounded by sci- ice for his country than Al Lenhardt. Council. entists and investigators. He had been He is such a professional. He is such a The clock is ticking, but the alarm at work until late the night before. gentleman. He is so good. We trust him has not yet rung. I encourage the ad- That morning, someone asked him: so much. We are so lucky that he was ministration to continue inspections ‘‘If you had to decide all over again, our Sergeant at Arms during the tragic beyond their self-imposed March 17 would you still want this job?’’ times the Capitol family has been deadline. In these final critical min- Al smiled his great, broad smile through the last couple of years. utes, we have the opportunity to lay and—without a moment’s hesitation— I know we are all extremely proud of out hard and fast, mutually agreed replied: ‘‘Absolutely. To be in a posi- him and we will have very fond memo- upon benchmarks for Hussein to tion to serve your country—what bet- ries of his service here. I say to General meet—or not meet—to determine his ter job could there be?’’ Lenhardt, you are a great man, and we fate. Britain laid out definitive steps To that, Mr. President, I can only appreciate your service. yesterday, such as allowing Iraq sci- add: What better person could there Mr. President, I rise today to pledge entists to be interviewed abroad, de- have been in the Senate Sergeant at my support for our brave men and stroying banned weapons and providing Arms’ position these last 18 months women who are on the front lines pro- documentary evidence of any such de- than General Alfonso Lenhardt? tecting America as we work to elimi- struction in the past. Certainly no one I have ever met. nate terrorism. . . . To pledge my sup- While support for their resolution Al Lenhardt has earned the respect port for the United States and all that has not been overwhelming, it is im- and gratitude of every member of this our country represents: democracy, portant to continue along this path. In- Senate, and of this nation. freedom of speech and religion, inde- deed, it is critical. We must both pro- I am proud to have recommended pendence of thought. . . . And to pledge vide assistance to Britain, our strong- him. I am proud to have served with my support for our leaders and our free est ally, while employing every re- him. And I am even more proud to call and open elections that allow democ- source at our command to garner Secu- him my friend. racy to thrive. rity Council support. Indeed the entire Senate community I also rise today to urge and insist As the world’s superpower, it is not is grateful to Al Lenhardt for what he that throughout the ongoing situation only our responsibility, but it is in our has contributed to us, and we will miss with Iraq, we remember our underlying best interest to lead. It’s our responsi- him. goal: To protect our country from bility to walk with and secure the sup- The PRESIDING OFFICER. The Sen- weapons of mass destruction and ter- port of our allies. The decisions we ator from Nevada. rorist threats and stop those who pro- make in the coming days will have Mr. REID. Before the majority leader vide assistance to terrorist operations. global reverberations and I am hopeful leaves the floor, I ask to be associated In order to fully accomplish these we won’t have to endure the impacts with the remarks he made about Gen- goals, we need the support and assist- alone. eral Lenhardt. I add that in the years ance of the broadest possible worldwide In the case that unilateral military Senator DASCHLE has been the Demo- coalition of our allies. action is decided upon, the ramifica- cratic leader—he is starting his eighth It’s not in our Nation’s interest to es- tions, lengthy reconstruction process year—he has done a lot of very good tablish arbitrary deadlines to force us and costs involved must be addressed. things for the State of South Dakota, to act without the support of others. There are numerous reports that a war our country, and the Senate. But noth- This is not the time to isolate our with Iraq will be a relatively short op- ing he has done has been more mean- country by moving into a unilateral eration. But what follows in a month, ingful than selecting this professional, war against Iraq. in 6 months, in a year? the first time in the history of our A war that could result in massive If the United States chooses to go it country, the Sergeant at Arms was a casualties and long term devastation. alone in Iraq and forsakes the support professional who had experience. A war that has the likely potential of of a majority of our allies, the hurdles

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Even with the ousting of Sad- ing to grant more time. This is, indeed, fact, as my constituents know, I voted dam, we must be prepared and accept- the position of many people in the for the resolution last fall authorizing ing of a moderate Arab government United Nations. They keep saying just the President to use force if that be- similar to others in the region. another week, just another month if came necessary. I still support that po- The cost of rebuilding the country necessary. The Senator from Montana sition. will be enormous, both in terms of used that same timeframe. I think the President ought to have money and manpower. From ensuring In my opinion, we do not have that that authority from Congress. I am the Iraqi children can obtain clean option. In my opinion, we have two op- grateful to him for coming to Congress water to establishing a forum for a free tions, not three. The two options are and asking for that kind of backing. and open government to thrive. Are we either to go ahead or to come home. When I voted to give him that author- willing to take those costs solely upon The option of staying in place and al- ity, I did not mean, of course, nec- ourselves? lowing the inspections to go on for an essarily that authority would be used We must also be ready to focus our indeterminate period of time is not a regardless of other circumstances. And resources on the stability of the entire viable option. certainly, over the past several Middle East region and Muslim world. The reason for that is that our troops months, we have seen a concerted ef- We need a comprehensive policy of eco- are not where they are on anything fort to try to resolve the problem of nomic engagement, one that includes like a permanent status. They are Iraq short of using military force. expanded trade. there at the indulgence of foreign gov- In fact, the President’s own words, We should consider a trade benefits ernments that have allowed them to deserve being repeated; that is, that he program similar to what we currently come in with the firm understanding did not welcome or look forward to the do for Africa, the Caribbean, and the that they will be there very briefly. In use of military force to solve this prob- Andean countries. In order to achieve the countries where they are currently lem. He hoped it would be resolved long-term stability and reduce the ter- bivouacked, they are simply there, on without using force. I applaud him for rorist threat, we will need to engage the edge of moving forward. making those statements and hope he If we now say to those countries, the the entire region. And we will need our is still committed to that proposition. host countries that are harboring our allies to assist in this engagement. I am concerned, still, as are many It’s time to face facts. Our country is troops, we are going to leave them Americans, that we may see a military facing a troubling economy, unemploy- there for an indefinite period of time conflict in the coming days, and that ment, low growth, large national debt. while the inspectors continue to poke every effort to try to resolve this mat- Interest rates can’t go much lower. around Iraq, I expect that country ter, diplomatically and politically, has If we continue to disregard the con- after country will say: No. We did not not yet been exhausted. I know the ad- cerns of other Security Council mem- bargain for American troops in these ministration is working on it. bers and move forward with only a numbers on our territory for an indefi- small band of countries that support nite period of time. As one Member of this body, I en- immediate military action, the lion’s If you are not moving ahead into courage them to continue doing so. I do share of the costs and military burden Iraq, withdraw your forces and go not mean indefinitely, obviously. There will fall on America’s shoulders. Where home. And if we do withdraw our forces are obviously points at which you have will this money come from. How long and go home, it is clear Saddam Hus- to accept the fact that there is not must our troops be away from their sein will not be removed until he dies. going to be the kind of cooperation you families—months, years, decades? We And he may very well die in his bed, would like to have. I certainly would must be fully prepared for this scenario because once the United States has not suggest we ought to go on indefi- before we move forward. sent the signal to the world that we are nitely here at all, but I do believe our We are all in agreement that Saddam prepared to do whatever is necessary to allies and friends—principally Great Hussein is a bad man and the threat he remove this brutal dictator and then Britain, which has been remarkably poses cannot be disregarded. While I we back down and bring our troops steadfast in their loyalty to the U.S. unequivocally support removing Hus- home, we can never put them back in Government on this issue—need to be sein from power, knowing that he is a those places again. No host govern- listened to, that their advice and coun- peril to the region and the world, I ment currently allowing American sel have value and weight. And if there urge that we move forward with a forces on its soil will say OK, now that are ways in which you can craft resolu- strong coalition of support. The clock Saddam Hussein has nuclear weapons, tions which would build support at the is running down, but there is still time you can come back and be on our soil U.N. Security Council, then we ought to gather our allies. Our long term in- and make us a target for those nuclear to try to do that. That does not mean terests—on every front—will be best weapons. No. We have two choices. We you go on weeks trying to sort that achieved by standing together, united can either move ahead or we can come out. But I hope every effort is being behind our common goal of eliminating home. made to fashion just such an arrange- terrorism and keeping our countries It is not the most sympathetic char- ment that would allow us to deal with safe. acter in Shakespeare. A comment Saddam Hussein. I yield the floor. made by Lady Macbeth becomes appro- I happen to believe, in the absence of The PRESIDING OFFICER (Mr. priate here. ‘‘If it were done when ’tis the threat of force, I don’t think diplo- ALEXANDER). The Senator from Utah. done, then ’twere well it were done macy would work alone, nor do I nec- essarily believe the threat of force, f quickly.’’ If we are going to remove Saddam without some effort by diplomacy and MORNING BUSINESS Hussein, we must do it quickly. And if politics, would necessarily work as well Mr. BENNETT. Mr. President, I ask we are not, we should not leave our as we would like. unanimous consent that the Senate troops in their present posture for an It is a combination of the threat of proceed to a period for morning busi- indefinite period of time while inspec- force and the use of diplomacy that I ness. tors poke around on a scavenger hunt think has produced the significant, The PRESIDING OFFICER. Without in Iraq. positive results we have seen in the objection, it is so ordered. Mr. DODD. Mr. President, obviously, last number of weeks. And the Presi- Mr. BENNETT. Mr. President, I lis- the major conversation today is about dent deserves credit for that, in my tened with interest to my friend from how we might successfully disarm Sad- view.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3714 CONGRESSIONAL RECORD — SENATE March 13, 2003 There is almost a sense of victory oc- There was a report conducted, I it merely coincidental that the admin- curring here. He may be the most crit- think by the Brookings Institution, istration is refusing to share with us ical voice regarding this progress that with such distinguished Americans as how much this war may cost, how has been made, but, nonetheless, I James Schlesinger and others, that much the reconstruction may cost at a think progress is being made. made an analysis of the post-cost fig- time we are also considering the budg- Mr. President, I want to shift quick- ures on reconstruction. They all made et. Why is it they won’t share these ly, if I can, however, to the cost of re- the similar recommendation. You have numbers? Is it because they don’t want construction. I know the conversation to step forward. the Budget Committee or this Cham- is whether or not there will be a war. As our former colleague, John Glenn, ber, which will vote next week on the Let’s assume, for a second, that comes. used to say: If you want the American budget, to have before it some idea of As regrettable as it is—and we hope it public to be supportive of actions like what taxpayers will be asked to shoul- will, obviously, be done at a minimal this, they have to be involved in the der as a result of this involvement? loss of innocent lives and the lives of takeoff as well as the landing. Again, you will not convince me that the men and women in uniform—I am I think his words, that I heard him those numbers don’t exist. They do deeply troubled by the fact this admin- repeat on numerous occasions, have exist. istration has been unwilling to come particular value in talking about this It is outrageous that the administra- before Congress to share with us their debate. This is not to suggest that ev- tion won’t step forward and say: Here best and worst-case scenarios in terms eryone is going to endorse the num- is our best estimate, worst case, best of the cost of reconstruction in Iraq. bers. But you need to let the American case. Regardless of how you feel about Certainly, I do not expect, nor should public know what they are in for, so this conflict, potential conflict—again, anyone, that the administration would that there is some understanding of I voted with the President to support be able to tell you with any great deal what this involvement is going to cost the use of force if necessary—where are of specificity exactly what those costs us. I think you are going to do far bet- the Members of the Senate? Why don’t would be. But you are not going to con- ter at winning support ultimately for they stand up for the Senate when it vince anybody in this Chamber, or these figures if you share your ideas. comes to the budget—we are the ones Again, no one is expecting you are most Americans, that the administra- being asked to vote on this—and be as going to have to be wedded to these tion has not projected some cost fig- demanding as I am about sharing these numbers. But you are not going to ures on what it is going to cost us to numbers? I would think every single build the kind of domestic support you rebuild Iraq, either alone or with the Member of this body, regardless of how need for a number of years on the re- cooperation of others around the globe. you feel about the war, would want to The reason I say that is because I no- construction of Iraq if you do not begin know what the cost may be, so that ticed the other day that the adminis- to share with the American public when you cast a vote either in the tration had solicited bids from four or what sort of cost figures we are talking Budget Committee or on the floor of five major U.S. corporations to bid on about. the Senate next week, you would have an almost $1 billion contract for recon- It is estimated by some groups al- some idea of what the implications are struction or partial reconstruction in ready that the cost could be at a low going to be. Without having that infor- Iraq. figure of $20 billion a year. The cost of I am convinced that those firms had the war, of course, we can’t get any mation, I don’t know how you will vote to have some knowledge of what the numbers on. We don’t have any num- for some of these other matters, know- bid was all about in order to make it. bers on how many of our U.S. military ing that the cost could be billions and What concerns me is that there may be personnel might have to be stationed billions of dollars in the coming 5 or 10 people in those corporations who know in Iraq for how long a period of time years. far more about what the costs may be during the period of occupation. Maybe I am the only one who feels than the representatives and taxpayers Let me share with you from the this way. I suspect I am not. I suspect of this country, who will ultimately be Brookings report. Even assuming, they there is a tremendous concern growing asked to pay the bill. said, little war-related damage—we that we are digging a very deep hole for I was stunned, when we had a hearing hope that is the case—the reconstruc- ourselves financially with these mas- of the Senate Foreign Relations Com- tion requirements in Iraq will be very sive tax cuts and massive spending mittee just a few days ago on this very substantial. Estimates of the require- going on. I find it more than ironic subject matter, at the cost of recon- ment vary considerably from as little that some of the strongest advocates struction, that the administration re- as $25 billion over a multiyear period for this budget only a few short years fused to send any witnesses up to share to as much as $300 billion over 10 years. ago were standing here begging us to with the committee, under the leader- It is estimated that repairing and re- vote for a constitutional amendment to ship of the distinguished chairman of storing Iraq’s electrical power grid to balance the budget and, but for one that committee, Senator RICHARD its pre-1990 level would cost as much as vote, we would have written it into the LUGAR of Indiana—that the adminis- $20 billion and that the short-term re- Constitution. Now they stand before us tration refused to even step forward pairs for the oil industry would cost and tell us deficits don’t matter and and share with the committee their about $5 billion. Additional reconstruc- that we don’t even have to share with general thoughts on what may be the tion requirements involve water, sani- you the estimated costs of our involve- costs. tation, transportation, and other infra- ment in Iraq. How is it that four or five corpora- structure. My hope is that in these coming days tions can apparently have access to in- I bring this up not because I am try- before the end of this week or the first formation and yet the Congress of the ing to persuade people they ought not part of next week, the administration United States does not? The four or to be for using force, if that becomes might share through some vehicle, if five corporations were Bechtel, the necessary, but just to suggest that if not before a congressional committee Fluor Corporation, Halliburton, owned you don’t involve people and share then some other forum, what the costs by Kellogg, Brown and Root, the Lewis with them what the estimated cost of are apt to be so that next week when Berger Group, the Parson Group. this may be, you will be in trouble. we vote on the budget, we can include Those, I believe, are the names of the Let me tell you what I suspect is those numbers in the estimated burden corporations invited to bid on the re- really behind a lot of this. As I am the American taxpayer may be asked construction contracts. speaking on the floor of this Chamber, to shoulder. If you are telling these corporations the budget committees of the Congress about what the costs may be, and what are meeting. They are talking about I am deeply worried that we are may be involved, and yet you can’t let the cost of Government over the next digging a very deep hole for ourselves, Members of Congress know—particu- number of years—tax policy, spending and we are not being honest and square larly the committee charged with the policy, what they will be. The esti- with the American public about what responsibility—ultimately, I think mates now for the deficit are hovering those implications will be. that is a mistake. around $400 billion a year. I don’t find I yield the floor.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3715 TORTURE IS A CRIME ghan prisoners at the Bagram air base. guished Speaker of the House, DENNY Mr. LEAHY. Mr. President, I want to Two former prisoners, both of young HASTERT. Vice President CHENEY was take a moment today to speak about age, recently died in U.S. military cus- also in attendance representing the an issue that has been discussed in the tody. Other prisoners described being President, who normally would be at- press recently, which is the use of tor- forced to stand naked in a cold room tending an event such as this today, ture to obtain information from per- for 10 days without interruption, with but, obviously, events in the Middle sons who are suspected of being terror- their arms raised and chained to the East made it difficult for him to get ists. ceiling and their swollen ankles shack- away. All of us understand that. We re- It is well-established that torture is a led. They also said they were denied gret he was not able to be with us, but violation of international law, by sleep for days and forced to wear hoods we fully appreciate there are other which our country is bound. It is also a that cut off the supply of oxygen. matters that require his more imme- violation of our own laws. Yet com- I do not believe that prisoners of war, diate attention. mentators have been quoted by the some of whom are suspected of having But we thank the Prime Minister, press saying that in certain limited cir- killed or attempted to kill Americans, the Taoiseach of Ireland, for him not cumstances, when the threat is a pos- should be rewarded with comforts. only being here but for his tremendous sible terrorist attack, the use of tor- Harsh treatment may, at times, be jus- work, along with Tony Blair and other ture is justified. Some have even sug- tified. political leaders in Northern Ireland, However, while I cannot say whether gested that since torture is used, why particularly Jerry Adams and David the treatment described by these Af- not simply admit it and accept it as a Trimble, in their efforts to try to re- ghan prisoners amounts to torture solve, once and for all, the political fact of life? under international law, it does sound These are not easy questions. Who disputes that have been so devastating cruel and inhumane. The inhumane does not want to do everything possible on the people of Northern Ireland over treatment of prisoners, whoever they to save innocent lives? We all do. But these last number of years. Based on are, is beneath a great nation. It is also the United States is a nation of laws, conversations we have had, it would illegal. That is the law whether U.S. and I reject the view that torture, even appear that we are getting very close military officers engage in such con- in such compelling circumstances, can to, hopefully, a final resolution of duct themselves, or they turn over those issues. be justified. I would hope all countries prisoners to the government agents of would uphold their obligations under So I welcome the Prime Minister and another country where torture is com- other political leaders from Ireland and international law, but that is not the monly used, in order to let others do case. It is the 21st century, and yet tor- Northern Ireland who have come, as the dirty work. they traditionally do, to celebrate St. ture is used by government security Some of these Afghan prisoners may Patrick’s Day, but have made this a forces in some 150 countries. be guilty of war crimes. Some may be working holiday, if you will, to engage We have often spoken about how im- members of al-Qaida but may have in further conversations on what we portant it is not to let the terrorists never fired a shot. Others may be com- might do to help resolve the matters of win. We try not to let ourselves be in- pletely innocent. But regardless, I was Northern Ireland, as well as to listen to timidated. We take precautions, but we not proud when I read that article, and their sound advice and observations re- go about our daily lives. when I think of how often I and other garding the turmoil that is brewing in The same holds true of the tactics Members of Congress have criticized terrorists use. If we don’t protect the other governments for treating pris- the Middle East. civil liberties that distinguish us from oners that way. It undermines our rep- f terrorists, then the terrorists have utation as a Nation of laws, it hurts ELIZABETH SMART AND THE NA- won. our credibility with other nations, and TIONAL AMBER ALERT NET- Torture is among the most heinous it invites others to use similar tactics. WORK ACT crimes, and there is no justification for I am encouraged that the Depart- Mr. REID. Mr. President, I, like all of its use. One need only review history to ment of Defense is conducting a review America, was elated last night when we understand why there can be no excep- of the deaths of the two Afghans at heard the news that the young girl tion to torture. The torture of criminal Bagram, both of which were ruled from Utah, Elizabeth Smart, who had suspects flagrantly violates the pre- homicides by an American pathologist. sumption of innocence on which our Those responsible for what happened been missing for more than 9 months, criminal jurisprudence is based, and must be held accountable. But I also had been found and reunited with her confessions extracted as a result of tor- urge the Department to review whether family. Most of the time, the vast ma- ture are notoriously unreliable. the interrogation techniques used jority of these stories about these Also, history has shown that once an there, and at other U.S. military facili- girls—mostly girls who are kidnapped, exception is made for torture, it is im- ties are fully consistent with inter- abducted, stolen—end in bad news. This possible to draw the line. If we can jus- national law. It should not take a ended in good news. tify torture in the United States, then homicide to reveal that prisoners in As a father and grandfather, I really what is to prevent its use in China, U.S. custody are being mistreated. don’t know the emotion of a parent Iraq, Chile, or anywhere else? If torture I yield the floor. who has a child stolen. An abducted child must be the worst nightmare of a is justified to obtain information from f a suspected terrorist, then why not tor- parent. But this nightmare ended as I ture the terrorist’s wife and children, WELCOMING THE PRIME MINISTER have just related. or his friends and acquaintances who OF IRELAND The Justice Department says the may know about his activities or his Mr. DODD. Mr. President, I want to number of children taken by strangers whereabouts? In fact, that is what hap- take a moment to welcome the Prime annually is between 3,000 and 4,000—it pens in many countries. Minister of Ireland, who is here today. varies but thousands of children. Every There is also the issue of what con- You will notice, I have a green tie on day children are stolen. These children stitutes torture versus acceptable, al- today. I am fully aware, as most Amer- and their parents deserve the assist- beit harsh, treatment. icans are, that St. Patrick’s Day is on ance of the American people and the Torture is defined in the Convention the 17th day of March, not the 13th day helping hand of the Federal Govern- Against Torture, which the United of March. But when the Prime Minister ment. States ratified, as ‘‘any act by which of Ireland arrives here to celebrate St. We stand ready and willing to help. severe pain or suffering, whether phys- Patrick’s Day a little earlier this year, We all feel so helpless when a child is ical or mental, is intentionally in- those of us who are of Irish descent— kidnapped. What can we do to help? flicted upon a person for such purposes and even those who are not but wish There is not very much because mostly as obtaining from him or a third person they were—generally wear a little these stories end, not like Elizabeth information or a confession . . .’’. green to celebrate this festive holiday. Smart’s, they end in tragedy. For the A March 4 article in the New York Prime Minister Ahern was at a lunch past 2 years, Senators LEAHY, HATCH, Times described the treatment of Af- a little while ago hosted by the distin- HUTCHISON, FEINSTEIN, and others have

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3716 CONGRESSIONAL RECORD — SENATE March 13, 2003 introduced the National Amber Alert not yet have AMBER plans are work- these people. Maybe they are religious Network Act to aid in the recovery of ing toward establishing the AMBER people, maybe this is part of their reli- abducted children. Last year, Com- Alert system, and one of the aims of gious garb and costume. Maybe I’ll em- mittee Chairman LEAHY, 1 week after this bill is to help towns, counties, and barrass them and me. But what if I let it was introduced, held a hearing on States all over America to build and them go, walk by, and I haven’t done the AMBER plan, and then we passed support systems to broadcast AMBER anything about that, and this is Eliza- the bill by unanimous consent in both Alerts. beth? the Judiciary Committee and the full Our bipartisan legislation creates a For whatever reason, they decided to Senate when it was under the Demo- national AMBER Alert coordinator at become intervenors. She stepped for- crats’ control. Such quick and dynamic the Justice Department to work with ward, and said: I think this is Eliza- action on legislation is unheard of States, broadcasters, and law enforce- beth. Sure enough, it was. The little around here, but that is proof positive ment agencies to set up AMBER Alert girl had a wig on and a veil. She said: of the overwhelming support that ex- plans, to serve as a point of contact to I am Elizabeth Smart. As a result of ists for what is really a nonpartisan supplement existing AMBER plans, and that, she was reunited with her par- issue. facilitate appropriate regional coordi- ents. Unfortunately, the House of Rep- nation of AMBER Alerts. We don’t know. We will never know resentatives refused to pass a national As I was eating dinner last night, what that girl has gone through. We AMBER Alert network. They refused watching Larry King, I was so im- don’t know all of it. I personally don’t to pass this act because they said they pressed with the enthusiasm, hope, and know if she was brainwashed, as was didn’t like it as a stand-alone bill. glee demonstrated by the family of Patty Hearst. I don’t know anything They wanted it part of something Elizabeth Smart. Of course, we all rec- about it. But I know there are some else—part of something else being part ognize the father in tears, saying how happy people in Salt Lake City today. of nothing. It is unknown to me how happy he was, why haven’t we passed Not only the family, not only the fam- many children’s lives would have been this legislation. Today, when he has ily, but all over Salt Lake City, the saved if we had had a national AMBER learned the real facts, he is saying: State of Utah, the neighboring State of Alert. We know, with the situation we Why hasn’t the House passed this legis- Nevada, but the whole country is cele- had in California, that it really works. lation? brating a successful conclusion to a This year, the Senate again, under This legislation also directs the coor- kidnapping, an event which doesn’t the leadership of Senator HATCH, rap- dinator in the Justice Department to happen that much. idly passed unanimously this bipar- establish voluntary guidelines for min- I hope the House of Representatives’ tisan legislation. But once again the imum standards for AMBER Alerts and conscience will be pricked and they House of Representatives—the leader- their dissemination. As a result, the will reach out and do something quick- ship of the House of Representatives, bill helps kidnap victims while pre- ly which they have the capability of Republican leadership of the House of serving flexibility for the States. De- doing and allowing the national Representatives—is refusing to act veloping and enhancing the AMBER AMBER Alert program to pass. It quickly on this bipartisan AMBER Alert system is a costly endeavor for should pass not in this congressional Alert bill. States to take on alone. So to share session, not this month, but next week, I served in the House of Representa- the burden, the bill establishes two and early in the week. That is my de- tives. They could pass this legislation Federal grant programs managed by sire. I hope we follow through on it. in a matter of hours—not days, hours. the Justice and Transportation Depart- f Ed Smart, Elizabeth’s father, has ments for such activities as informa- called upon the House of Representa- tion dissemination on abducted chil- THE SAFE RETURN OF ELIZABETH tives to pass this noncontroversial Sen- dren and suspected kidnappers, and for SMART ate-passed AMBER Alert bill. I agree necessary AMBER Alert equipment. Mr. HATCH. Mr. President, I express this is the proper course and the fast- Our Nation’s children, parents, and my deep-felt feelings about the answer est way to protect our children from grandparents deserve our help to stop to all of our prayers in Utah. There has danger. the disturbing trend of children’s ab- never been a State where virtually ev- In fact, I am confused as to exactly ductions—to let everyone know they erybody got on their knees and prayed why the House Republican leaders are helping by their taxpayer dollars for the return of this young woman, refuse to pass this bill since they going to a national system. Everyone Elizabeth Smart. agreed to include in the fiscal year 2003 can then say, ‘‘I have done my share.’’ I have to tell you, we believe in mir- omnibus spending bill $2.5 million for I think we have a program here that acles out there. We have seen them AMBER Alert grants. The House lead- really helps. time after time after time. But I have ership still, however, chooses to ignore In the State of Israel, which every to admit, most people had pretty much the bill that the Senate has twice day faces terrorist threats and activi- given up. They were thinking, well, passed under the bipartisan leadership ties, 90 percent of the terrorist activi- that poor soul undoubtedly had to have of Senators HATCH and LEAHY, once ties are thwarted as a result of citi- been murdered. But her father and her when Senator LEAHY was chairman, zens, people of good will, seeing some- mother never gave up. once when Senator HATCH was chair- thing that doesn’t look right and call- They were in my office just a short man. To include AMBER legislation as ing law enforcement. If there is some- while ago saying: We are going to find a provision in an omnibus bill, stand- thing going on next-door, on the block, her. We believe she is alive—praying ing alone, or in any other capacity, it something in their city that they see, every day, fasting for their daughter. doesn’t matter to us. or in their neighborhood, they can People in Utah fast and pray in these I hope the successful recovery of Eliz- complain to authorities, and it helps. situations. abeth Smart and her father’s call for That is what happened here. I have to tell you, I was so thrilled passage of the Senate-passed bill today We had people in Salt Lake City—ac- last night to see they finally found her. moves the House Republican leadership tually, Sandy, UT—who I am sure said: I could hardly get to sleep. to not play politics and promptly let I don’t know if I am doing the right I want to pay tribute to that wonder- this National AMBER Alert Network thing, but I think this could be Eliza- ful family and her neighbors. Jake Act pass as a stand-alone measure— beth. A little girl with a wig—a little Garn and Kathleen Garn are two of the next week. They could do it tonight. I girl? She is a teenager—she has been neighbors. I have to tell you, they both know how the House works. gone almost a year—with a wig and have been of tremendous help and The AMBER plan has been credited some kind of mask over her face, a bolsterers, as have all of the neighbors, with the recovery of 49 children nation- veil, as they call it. to the Smart family. Jake has moved wide, 49 children who have been re- But these people of good will said: heaven and earth for them. He has united happily with their parents. Mr. You know—I am sure I am thinking talked to me, worked with me, worked President, 38 States have a statewide what they must have thought—this is with others. His wife Kathleen is as plan. Officials in those States that do going to be humiliating to me, if I stop good as it gets. She is a wonderful

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3717 human being. I know she was over been forced upon us. It is still my view Robert Bolt wrote, about the conflict there all the time, giving solace, sup- today that war with Iraq has not been between Sir Thomas More, a man of port, comfort. It is typical of these forced upon us. Our allies who are urg- conscience and the law, and his sov- two, who served in the Senate with us ing that the U.N. weapons inspectors be ereign, Henry VIII. for so many years and did such a great given more time to do their work agree More and Roper, his son-in-law, are job, to continue to do a great job in our with that view. arguing about the law at this point in home State. That family really de- In the report to the Security Council the play. Their conversation is instruc- serves a lot of credit. Not only the im- last Friday, Hans Blix and Mohamed tive. Roper, the son-in-law, exclaims: mediate family but the extended fam- ElBaradai, the heads of the U.N. in- ‘‘So now you’d give the Devil benefit of ily exercised their faith and prayers on spection teams, reported progress to- law!’’ More replies: ‘‘Yes. What would behalf of this young woman. ward the goal of ensuring that Iraq has you do? Cut a great road through the I hope everything is OK with her. It been disarmed. They pointed out that law to get after the Devil?’’ Roper says: is certainly OK compared to what she more cooperation by Iraq is needed, but ‘‘I’d cut down every law in England to has gone through. I hope everybody they acknowledged that cooperation do that,’’ to which More responds: ‘‘. . . who knows her and knows that family has increased. And when the last law was down, and will lend support and solace and com- President Bush and Secretary of the Devil turned round on you—where fort to help them to reunite in every State Powell have correctly pointed would you hide, Roper, the laws all way and help this young woman to out that Iraq’s increased level of co- being flat? This country’s planted overcome the terrible experience she operation does not constitute full com- thick with laws from coast to coast has had over the last 9 months. pliance with Security Council Resolu- . . . and if you cut them down—and f tion 1441, in that Iraq has not fully, you’re just the man to do it—d’you completely, and immediately disarmed. really think you could stand upright in AMERICA’S COMMITMENT TO The question is whether this failure the winds that would blow then?’’ INTERNATIONAL LAW to fully comply with the U.N. resolu- ‘‘Yes, I’d give the Devil benefit of law, Mr. BINGAMAN. Mr. President, when tion justifies an armed invasion of Iraq for my own safety’s sake.’’ future generations reflect on the fall- at this time. Many Security Council I submit that if the United States de- out from the terrorist attack of 9/11/ members believe it does not, and, in termines to circumvent the U.N. in 2001, I fear they will see our own com- my view, it does not. this case, the Devil may well turn mitment to international law as a cas- Our Government’s position appears round on us, and we could reap the ualty of that event. I do. to be that we will enforce the U.N. Se- whirlwind for years to come. For some time now, there has been a curity Council resolution even though I yield the floor. contest within the U.S. foreign policy the Security Council itself does not f establishment between those who be- support that action at this time. In lieve our greater security lies with the other words, we will act in coordina- HOUSTON, WE HAVE A PROBLEM strengthening of international institu- tion with the views of the world com- Mr. LEAHY. Mr. President, after tions and agreements, on the one hand, munity of nations as long as those years of shortchanging our nation’s and, on the other, those who believe views agree with our own. When those crime labs, the Administration has un- our security is enhanced if we dem- views differ from our own, we will use veiled a proposal to spend more than $1 onstrate the will and capacity to pre- our great military capability to impose billion over five years on forensic DNA vail; that is, to dominate the new our will by force. programs. This proposal is overdue, but world and shape it to our liking. I, for one, can support a policy of im- it is welcome, and it will make a dif- The election of President Bush and posing our will by force, notwith- ference. the attack of 9/11 have moved U.S. pol- standing the views of our allies, if For two years I have repeatedly icy to endorse this second vision—that there is an imminent threat to our own urged the Administration and House of U.S. dominance of a world that security and if all options, other than Republicans to fully fund existing pro- meets our standards of acceptable con- war, have been exhausted. But neither grams aimed at eliminating the DNA duct. of those circumstances prevails today. backlog crisis and, in particular, the The result of this shift in U.S. for- A decision to wage war at this time, inexcusable backlog of untested rape eign policy is now evident in the state- absent the support of our traditional kits. Until now, the Justice Depart- ments and actions of the President re- allies, contradicts the foreign policy on ment has simply refused to make this a garding Iraq. Unless I misread those which this Nation has been grounded high priority. In the meantime, untest- statements by the President and his for many decades. It undermines the ed critical evidence has been piling up foreign policy team, sometime within international institution that previous while rapists and killers remain at the next few days, the United States, U.S. administrations worked to estab- large, while victims continue to an- and possibly British, troops will begin lish as an instrument for world peace. guish, and while statutes of limitation an invasion of Iraq. The mission, ac- It clearly signals that even absent an expire. cording to the President, will be to dis- imminent threat to our security, we I am pleased that the Administra- arm Saddam Hussein, to capture and consider ourselves the ultimate arbiter tion’s new commitment to funding destroy his weapons of mass destruc- of acceptable behavior by other govern- DNA programs includes $5 million a tion, to liberate the people of Iraq from ments and that we will act to ‘‘change year for post-conviction DNA tests his despotic rule, to install a new and regimes’’ when we determine the ac- that can be used by inmates to prove democratic government, and to hold up tions of other governments to be unac- their innocence. Post-conviction DNA Iraq as a model for freedom and democ- ceptable. testing has already been used to exon- racy that can be emulated by other Madam President, this is an unwise erate more than 120 prisoners nation- Middle Eastern countries. and dangerous precedent for us to es- wide, including 12 awaiting execution. These are noble objectives. My con- tablish. Stripped of its niceties, it is es- Last year the Justice Department can- cern is not with the objectives but with sentially a foreign policy premised on celled plans to spend $750,000 on a post- the apparent decision the President has the belief that ‘‘might makes right.’’ conviction DNA testing initiative, and made to proceed with an invasion now At this point in world history, we have diverted the money to another pro- while many Americans and many of the might and, therefore, accommo- gram. It is heartening that the Depart- our traditional allies believe that al- dating the views of others seems a low ment at last has recognized the impor- ternatives to war still exist. priority. But the day will surely come tance of ensuring that the power of In his State of the Union Address, the when others also have the might, and modern science, in the form of DNA President spoke about a circumstance then we may wish we had shown re- testing, is available to help prosecutors where ‘‘war is forced upon us.’’ After straint so that we can argue that oth- and defendants alike establish the the President spoke, I came to the Sen- ers should as well. truth about guilt and innocence. ate floor to make what I considered an There is a famous scene from ‘‘A Man Clearly, DNA testing is critical to obvious point; that is, that war had not For All Seasons,’’ the magnificent play the effective administration of justice

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3718 CONGRESSIONAL RECORD — SENATE March 13, 2003 in 21st Century America. But like year than many states do in a decade. The essence of law enforcement is every forensic tool, DNA testing is More defendants from Harris County seeking the truth, not hiding from it or only as accurate as the labs and techni- have been executed than from any destroying evidence in a fit of pique or cians that process the evidence. When other county in the country. to save face. The disdain for science, we shortchange our labs, we short- Harris County prosecutors are now truth, and justice we have seen in change the whole criminal justice sys- busily reviewing their closed cases to Houston, at the heart of the nation’s tem. The appalling situation in Hous- determine whether they involved evi- capital punishment system, is an utter ton, Texas, is only the most recent ex- dence processed by the Houston police disgrace. ample. lab. They have already ordered new All of which is to say that I hope my Last December, a state audit con- DNA testing in more than 20 cases, in- colleagues will join me in supporting ducted by a team of forensic scientists cluding 7 cases in which the defendant the Administration’s new DNA initia- uncovered widespread problems at the was sentenced to death. Ultimately, tive. One billion dollars will give Houston Police Department’s crime several hundred cases will need to be States the help they desperately need laboratory. These problems included retested. to improve the quality and credibility poorly trained technicians, shoddy rec- Retesting has already cleared one of their crime labs, and to eliminate ordkeeping, and holes in the roof that man, Josiah Sutton. Sutton was only a the backlog of untested DNA evidence. allowed rain to possibly contaminate teenager when he was convicted and Five million dollars a year will go a samples. A Houston councilwoman who sentenced to 25 years for rape, based long way toward ensuring that no de- toured the lab last June described largely on a bogus DNA match by the serving inmate is denied post-convic- trash buckets and water buckets Houston police lab. It now appears that tion DNA testing because he or she 1 throughout the facility: ‘‘They were he spent the last 4 ⁄2 years in prison for cannot afford to pay for it. having to move tables around, because nothing. In his remarks announcing the DNA some of the leaks were near and some- How many Josiah Sutton’s has Harris Initiative, Attorney General Ashcroft times above where the analysis was oc- County wrongfully convicted? Probably said he ‘‘looked forward to working quite a few. Hundreds of people have curring.’’ with the Chairmen of the House and Elizabeth Johnson, a DNA expert fa- been convicted using DNA evidence Senate Judiciary Committees to de- miliar with the Houston police lab, has processed by the Houston police lab. velop legislation that provides appro- pointed to serious problems beyond The fact that the very first batch of priate post-conviction DNA testing to cases to be retested has exposed a holes in the ceiling problems that sug- federal inmates.’’ gest widespread incompetence or even wrongful conviction suggests that Sut- I welcome that, but I have a better ton may be just the tip of the iceberg. corruption. Dr. Johnson has testified idea. With Chairman HATCH’s agree- How many more people will be that lab technicians often vastly exag- ment, I would like to issue a bipartisan cleared through retesting? That is a gerated the probability of a defendant’s invitation to Attorney General trickier question. According to the guilt, while mischaracterizing evidence Ashcroft to come to talk to us in open state audit, the Houston police lab rou- committee about a legislative proposal that exonerated a defendant as ‘‘incon- tinely consumed most if not all of the that is already written, has already clusive.’’ In many cases, she found, lab evidence available for testing, with lit- technicians’ reports, which were used tle or no regard for the importance of been refined and debated, and has al- to make critical decisions throughout conserving samples. This practice will ready received overwhelming bipar- the criminal justice system, asserted greatly limit the possibility for re- tisan support. I refer to the Innocence Protection conclusions that were entirely unsup- testing in the hundreds of cases now Act, a modest and practical package of ported by their data: not technical er- under review. rors; not misjudgments; but flat-out DNA testing is an extraordinary tool reforms that aims at reducing the risk fabrications. for uncovering the truth, whatever the of error in capital cases. The reforms I have spoken before about the disas- truth may be. It can show us conclu- proposed by the IPA are designed to trous consequences of sloppy lab work. sively, even years after a conviction, create a fairer system of justice, where Two years ago, an FBI investigation where mistakes have been made. But it the problems that have sent innocent found that a police chemist in Okla- cannot show us anything if there is no people to death row would not occur, homa City was routinely exaggerating evidence to test. By needlessly con- and where victims and their families her results. At least one man who was suming entire DNA samples, the Hous- could be more certain of the accuracy, convicted on the basis of the chemist’s ton police lab may have destroyed the and finality, of the results. so-called ‘‘expert’’ testimony was later only key to freedom for more than one More specifically, the Innocence Pro- exonerated and released from prison. wrongly convicted person. tection Act would ensure that post- He had already served 15 years of a 65- The failure to preserve DNA evidence conviction DNA testing is available in year sentence. is a problem in many parts of the coun- appropriate cases, where it can help ex- There are many other cases in which try, but it seems to be an official pol- pose wrongful convictions, and that people have been wrongly convicted be- icy in Harris County. In 1997, DNA test- DNA evidence is adequately preserved cause forensic specialists were incom- ing exonerated Harris County defend- throughout the country. The bill also petent, or because they fabricated or ant Kevin Byrd only because, by pure addresses one of the root causes of overstated test results to support the luck, the 12-year rape kit had not been wrongful convictions—inadequate de- prosecution’s theory of the case. In destroyed pursuant to bureaucratic fense representation at trial. 1997, we learned about major problems routine. The very week that Byrd was Last year, the IPA won the support at the FBI’s crime labs, ranging from freed, however, Harris County officials of a bipartisan majority of the Senate unqualified forensic scientists to con- systematically destroyed the rape kits Judiciary Committee, and more than tamination of evidence and the doc- from 50 other old cases, citing a lack of half the entire House of Representa- toring of laboratory reports. Before storage space. tives. Together with other lead spon- that, there were similar problems in No doubt many of the rape kits that sors—Senator GORDON SMITH, Senator various state crime labs. Police in Bal- Harris County destroyed that week and SUSAN COLLINS, Representative BILL timore are currently reviewing 480 over the years were analyzed under the DELAHUNT, and Representative RAY cases worked on by a former police leaky ceilings of the Houston police LAHOOD—I am committed to reintro- chemist who testified at a 1983 rape lab. But even with the best of inten- ducing the IPA this year and getting it trial against a defendant who was later tions, Harris County prosecutors will signed into law. exonerated. not be able to resurrect that evidence The path to prompt reform is While the situation in Houston is not for retesting. There may well have through legislation that is already unprecedented, it is particularly been another Josiah Sutton or two written and fine-tuned. The path to alarming. That is because Houston is among those cases—defendants who consensus is through legislation that in Harris County, the execution capital were wrongfully convicted based on bad has already received broad bipartisan of the United States. Harris County lab work—but without the evidence to support. And the path to addressing the sends more people to death row in a prove it, we will probably never know. fundamental problems in our criminal

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3719 justice system is through legislation a committee of the Texas Legislature inves- have to do this or you will die, you’d just that addresses the most common cause tigating the laboratory. ‘‘You don’t need to have to kill them.’’ of wrongful convictions—inadequate be a scientist to know that you have to wear There is plenty of blame to go around in defense counsel—as well as their most surgical gloves. You have to tag evidence. the Sutton case, legal experts said, and it You need to not have a leaky roof contami- suggests a need for an independent investiga- conspicuous solution—DNA testing. nating evidence.’’ tion and systemic reform. The path, in each case, is the Inno- The Houston police have turned over some ‘‘The criminal justice system in Houston is cence Protection Act. 525 case files involving DNA testing to the completely dysfunctional,’’ Professor I look forward to continuing to work Harris County district attorney’s office, Thompson said. He examined eight DNA with my colleagues on both sides of the which has said that at least 25 cases warrant cases processed by the Houston police at the aisle to pass the Innocence Protection retesting, including those of seven people on request of KHOU–TV, the television station Act this year. death row. Both numbers will grow signifi- that first called attention to the labora- I ask unanimous consent to have cantly as more files are collected and ana- tory’s problems in several reports in Novem- lyzed, Marie Munier, the assistant district ber. printed in the RECORD 2 articles, one attorney supervising the project, said. In Mr. Sutton’s case, there happened to be from the Washington Post, the other Mr. Bailey said he was troubled that the a small amount of evidence available for re- from the New York Times, which de- retesting was being conducted under the su- testing. That is seldom the case in Houston, scribe the ongoing investigation into pervision of Harris County prosecutors. according to the state’s audit. the Houston police lab. ‘‘I have lost confidence in the Police De- Mr. Sutton’s mother, Carol Batie, said her There being no objection, the mate- partment and the district attorney’s office son’s main concern on hearing there would rial was ordered to be printed in the to handle this,’’ Mr. Bailey said. ‘‘I’m really be retesting was that so little evidence re- bothered by the fact that the review is being mained available. RECORD, as follows: done by the same people who allowed the er- ‘‘We were concerned it would come back [From the New York Times, Mar. 11, 2003] rors to go on and prosecuted these cases and inconclusive,’’ Mr. Batie said. REVIEW OF DNA CLEARS MAN CONVICTED OF so have a stake in the outcomes of the re- Mr. Bailey, the state representative, said RAPE view.’’ the Sutton case should change the usual pre- (By Adam Liptak) Joseph Owmby, who prosecuted Mr. Sut- sumptions in cases where retesting is impos- ton, said his office had not received a formal sible. ‘‘Unless there is other strong corrobo- When Josiah Sutton went on trial for rape report from Identigene Inc. of Houston, the rative evidence,’’ he said, ‘‘those people at in 1999, prosecutors in Houston had little to outside laboratory his office hired to per- the very least deserve retrials.’’ build a case on. The victim was the only wit- form the retesting. The victim in the Sutton case identified ness, and her recollection was faulty. But ‘‘If he has been exonerated,’’ Mr. Owmby him, but her testimony has been questioned. they did have the rapist’s DNA, and techni- said, ‘‘we also have an eyewitness identifica- She said she was raped by two men. Both cians from the Houston police crime labora- tion, and we will have to work through that. were around 5 feet 7 inches tall, she said; one tory told the jury that it was a solid match. If he was exonerated, it certainly doesn’t weighed 135 pounds, the other weighed 120. That was enough to persuade the jurors to make me feel any better.’’ Five days later, she saw several men on the convict Mr. Sutton and send him to prison Mr. Owmby said his confidence in the po- street and identified two of them as her for 25 years. lice laboratory’s work had been shattered. attackers. DNA evidence excluded one man But new testing has conclusively dem- ‘‘We’re not scientists,’’ he said. ‘‘We were at the time, meaning one of her two identi- onstrated that the DNA was not Mr. presenting evidence that was presented to fications was demonstrably mistaken from Sutton’s, the Houston Police Department us. There is a big problem. We are treating it the start. Mr. Sutton, moreover, is 5 foot 10 said yesterday. as a big problem.’’ and weighs more than 200 pounds. The retesting is part of a review of the lab- Houston police officials issued a statement The Sutton case, said David Dow, a Univer- oratory that began after a scathing state yesterday confirming Mr. Sutton’s exclusion, sity of Houston law professor who represents audit of its work led to a suspension of ge- but noted that they had not received a for- death row inmates in capital appeals, ‘‘is netic testing in January. Mr. Sutton’s appar- mal report from Identigene. probably the tip of the iceberg.’’ ent exoneration is the first to result from At a hearing on Thursday, Chief C. O. ‘‘There were two different problems in the the review. Bradford said his department had shut down crime lab—scientific incompetence and cor- Legal experts say the laboratory is the its DNA laboratory and begun an internal af- ruption,’’ Professor Dow said. ‘‘That’s a worst in the country, but troubles there are fairs department investigation on whether deadly combination. Once you have corrup- also seen in other crime laboratories. Stand- there was criminal or other wrongdoing. tion, there is no reason to think that this is ards are often lax or nonexistent, techni- Chief Bradford added that there should be a limited to DNA cases or cases where there is cians are poorly trained and defense lawyers ‘‘cease and desist’’ on executions in the rel- scientific evidence of any sort.’’ often have no money to hire their own ex- evant cases until the retesting is complete. ‘‘If this were a death penalty case,’’ he perts. Questions about the work of labora- ‘‘There certainly is a fear that people were added, ‘‘Sutton may well have been executed tories and their technicians in Oklahoma wrongly accused, wrongly convicted or re- by now.’’ City, Montana and Washington State and ceived longer sentences than they should elsewhere have led to similar reviews. But have,’’ he said last week in an interview in [From the Washington Post, Mar. 1, 2003] the possible problems in Houston are much Austin. TEX. LAWMAKERS PROBE LAB OVER REPORTS greater. More defendants from Harris Coun- William C. Thompson, a professor of crimi- OF TAINTED DNA EVIDENCE ty, of which Houston is a part, have been ex- nology at the University of California at ecuted than from any other county in the Irvine who has studied the Houston police (By Karin Brulliard) country. laboratory’s work, said, ‘‘The likelihood that AUSTIN, Feb. 28.—The Texas Legislature ‘‘This is an earthquake,’’ Mr. Sutton’s law- there are more innocent people convicted be- has launched an inquiry into the operations yer, Bob Wicoff, said. ‘‘The ramifications of cause of bad lab work is almost certain.’’ of the Houston Police crime lab after reports this for other cases, for death penalty cases, Elizabeth A. Johnson, a DNA expert re- that the lab’s shoddy facilities and faulty is staggering. Thousands of cases were pros- tained by Mr. Sutton’s lawyers, has appeared practices may have led to contamination of ecuted on the basis of this lab’s work. as a defense witness in about 15 cases involv- DNA evidence in hundreds of cases. The audit of the Houston laboratory, com- ing the crime laboratory and is perhaps its An independent audit by the state in De- pleted in December, found that technicians most vocal critic. cember uncovered the problems. In January, had misinterpreted data, were poorly trained In one rape case, Dr. Johnson said, a tech- police officials suspended DNA testing at the and kept shoddy records. In most cases, they nician testified that a swab of the victim lab, and the Harris County District Attor- used up all available evidence, barring de- found semen, even though initial laboratory ney’s office began a review of all cases that fense experts from refuting or verifying their reports said there was no semen present. In involved evidence processed there. results. Even the laboratory’s building was a other cases evidence that technicians said So far, the DNA from at least 14 convic- mess, with a leaky roof having contaminated was inconclusive actually exonerated the de- tions will be retested because of information evidence. fendant. Often, she said, technicians would secured during the reviews, said District At- The police and prosecutors vowed to retest vastly exaggerated the probability of a de- torney Charles A. Rosenthal Jr. At least DNA evidence in every case where it was fendant’s guilt. three involve death row cases. used to obtain a conviction. But they re- There was, she said, ‘‘an overall lack of un- Houston is in Harris County, which has mained confident that the laboratory’s prob- derstanding of how this work is done and sent more people to death row than any lems were primarily matters of documenta- what it means.’’ other county in Texas. tion and testimony that was not conserv- She said the laboratory was particularly ‘‘It’s a serious, serious problem,’’ said state ative enough. weak where the sample involved a mixture of Rep. Kevin Bailey, a Democrat from Houston The Sutton case has changed that. DNA from two people. who is chairman of the House General Inves- ‘‘It’s a comedy of errors, except it’s not ‘‘They can’t do a sperm sample separation tigating Committee, which will hold hear- funny,’’ said State Representative Kevin Bai- to save their lives,’’ Dr. Johnson said. ‘‘If ings on the lab next week. ‘‘The public has a ley, a Houston Democrat who is chairman of you put a gun to their heads and said you right to expect a fair and accurate analysis

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3720 CONGRESSIONAL RECORD — SENATE March 13, 2003 by a metropolitan crime lab. When we find tences, the court has shown interest recently RULES OF THE COMMITTEE ON out that we’ve not had that, it causes people in the issues raised by Banks’ appeal, though COMMERCE, SCIENCE, AND to question the whole criminal justice sys- its rulings have not always come out the way TRANSPORTATION tem.’’ death penalty opponents would have liked. In the December audit, a team of forensic The court ordered a lower court review of Mr. MCCAIN. Mr. President, the Com- scientists detailed problems that included another Texas man’s death sentence last mittee on Commerce, Science, and inadequate recordkeeping, poor maintenance month, ruling that a case could be made that Transportation has adopted rules gov- of equipment and a leaky roof that it said jury selection at his trial was racially bi- erning its procedures for the 108th Con- could lead to contamination of DNA samples. ased; last year, it abolished capital punish- gress. Pursuant to rule XXVI, para- City Councilwoman Carol Alvarado, who ment for the mentally retarded. But also last toured the facility June 11 after receiving graph 2, of the Standing Rules of the year, the court rebuffed an effort to seek Senate, on behalf of myself and Sen- complaints from lab employees, said the roof abolition of the death penalty for juveniles was in poor shape. and let Virginia proceed with the execution ator HOLLINGS, I ask unanimous con- ‘‘These were not just leaks; these were of a murderer who had been represented at sent that a copy of the Committee holes,’’ she said. ‘‘There were trash buckets trial by the murder victim’s former lawyer. Rules be printed in the RECORD. and water buckets throughout the lab. They ‘‘Delma Banks Jr., who has maintained his RULES OF THE SENATE COMMITTEE ON were having to move tables around, because innocence from the beginning, found justice COMMERCE, SCIENCE, AND TRANSPORTATION some of the leaks were near and sometimes in the courts today, and we are hopeful that I. MEETINGS OF THE COMMITTEE above where the analysis was occurring.’’ this delay will allow a meaningful review of Alvarado said she reported her findings to 1. The regular meeting dates of the Com- the serious claims in his case,’’ Banks’ law- mittee shall be the first and third Tuesdays the council June 19, but funding issues pre- yer, George Kendall of the NAACP Legal De- vented the council from awarding a contract of each month. Additional meetings may be fense and Education Fund, said in a prepared called by the Chairman as he may deem nec- for roof repair until January. statement. ‘‘The court’s decision to stay the Houston Police Department spokesman essary or pursuant to the provisions of para- execution in order to potentially hear the Robert Hurst refused to comment on the lab. graph 3 of rule XXVI of the Standing Rules Elizabeth Johnson, who directed the Harris significant claims put before it demonstrates of the Senate. County DNA lab until 1996, said water from that our tribunals will not turn a blind eye 2. Meetings of the Committee, or any Sub- a leak could taint samples. But she also said to egregious miscarriages of justice.’’ committee, including meetings to conduct the city police lab’s problems run deeper Bobby Lockhart, district attorney of hearings, shall be open to the public, except than a leaky roof. Bowie County, said, ‘‘Factually, [Banks] was that a meeting or series of meetings by the ‘‘Every single case I ever reviewed of theirs guilty, and legally the jury found him guilty. Committee, or any Subcommittee, on the had at least one serious error and sometimes As to the death penalty, that’s up to the Su- same subject for a period of no more than 14 more than one error,’’ she said. ‘‘I’m not preme Court. I think that the Supreme court calendar days may be closed to the public on talking about a typo. I’m talking about will review the case and find that he was a motion made and seconded to go into things like controls being missing. Most guilty, and I think there’s no way the stay closed session to discuss only whether the common were that their reports would say [of execution] will be extended beyond 30 matters enumerated in subparagraphs (A) one thing, and their data didn’t support that days.’’ through (F) would require the meeting to be at all.’’ Banks’ case has attracted attention in part closed, followed immediately by a record Rosenthal said any DNA retests that re- because of the supporters who have rallied to vote in open session by a majority of the veal errors will lead to new trials. his cause, including former FBI director Wil- members of the Committee, or any Sub- Bailey said the use of DNA evidence from liam S. Sessions and two former federal ap- committee, when it is determined that the a flawed lab reveals the ‘‘win and get a con- peals court judges. matter to be discussed or the testimony to viction at all costs’’ attitude of the district In a brief submitted to the Supreme Court be taken at such meeting or meetings— attorney’s office. He wants hearings to deter- in support of Banks’ request for a stay, Ses- (A) will disclose matters necessary to be mine whether an external review is nec- sions and his colleagues said that the Banks kept secret in the interests of national de- essary. case is tainted by ‘‘uncured constitutional fense or the confidential conduct of the for- ‘‘No innocent people should be convicted errors’’ that are ‘‘typical of those that have eign relations of the United States; because of faulty analysis,’’ he said. ‘‘At this undermined public confidence in the fairness (B) will relate solely to matters of Com- point, I’m skeptical as to whether the Hous- of our capital punishment system.’’ mittee staff personnel or internal staff man- ton lab can analyze their own mistakes.’’ Banks, then 21, was convicted in 1980 of agement or procedure; shooting his co-worker Richard Wayne (C) will tend to charge an individual with [From the Washington Post, Mar. 13, 2003] Whitehead, 16, to death with a .25-caliber crime or misconduct, to disgrace or injure TEX. EXECUTION STAYED AT LAST MINUTE— handgun. the professional standing of an individual, or SUPREME COURT CONSIDERS REVIEW Banks’ lawyers argue that prosecutors otherwise to expose an individual to public (By Charles Lane) wrongfully suppressed evidence that one of contempt or obloquy, or will represent a clearly unwarranted invasion of the privacy The Supreme Court granted a last-minute their key witnesses, who has since recanted, lied on the stand. Banks’ attorneys also of an individual; stay of execution last night to a Texas (D) will disclose the identify of any in- death-row inmate who says he is innocent of argue that his inexperienced defense lawyers offered little evidence to counter prosecu- former or law enforcement agent or will dis- the murder of which he was convicted 23 close any information relating to the inves- years ago, setting the stage for another high- tors’ claims that Banks deserved the death penalty, even though he had no previous tigation or prosecution of a criminal offense profile debate at the court over alleged flaws that is required to be kept secret in the in- in the U.S. capital punishment system. criminal record. Prosecutors kept African Americans off terests of effective law enforcement; In a brief order issued about 10 minutes be- (E) will disclose information relating to the jury, they contend, producing the all- fore officials were to administer a lethal in- the trade secrets of, or financial or commer- white panel that convicted Banks and sen- jection to Delma Banks Jr., the justices said cial information pertaining specifically to, a tenced him to death in the course of two that he should be kept alive at least long given person if— days of legal proceedings. enough for them to consider his request for (1) an Act of Congress requires the infor- a full-scale hearing on claims that his 1980 No physical evidence linked Banks to the mation to be kept confidential by Govern- trial in Bowie County, Tex., was marred by crime. But Banks was the last person seen ment officers and employees; or prosecutorial misconduct, ineffective defense with Whitehead, and prosecutors said their (2) the information has been obtained by counsel and racially discriminatory jury se- case against him is strong. Last week, the the Government on a confidential basis, lection. New Orleans-based U.S. Court of Appeals for other than through an application by such Banks, an African American, was con- the 5th Circuit, reversing a federal district person for a specific Government financial or victed of killing a white teenager by an all- judge’s ruling in favor of Banks, permitted other benefit, and is required to be kept se- white jury. If his execution had proceeded his execution to proceed, on the grounds that cret in order to prevent undue injury to the last night, he would have been the 300th per- the alleged flaws in his trial were not sub- competitive position of such person; or son put to death in Texas since the state re- stantial enough to have changed the out- (F) may divulge matters required to be sumed executions in 1982. come. kept confidential under other provisions of It was unclear when the court might meet The Texas Court of Criminal Appeals this law or Government regulations. to consider Banks’ petition. Its next sched- week refused to block Banks’ execution, and 3. Each witness who is to appear before the uled closed-door conference is March 21. the Texas Board of Pardons and Paroles Committee or any Subcommittee shall file However, the stay may be a favorable sign would not hear his plea because it was filed with the Committee, at least 24 hours in ad- for Banks because it required the votes of at too late. vance of the hearing, a written statement of least five justices, and a decision to hear his Because of the prolonged appeals process in his testimony in as many copies as the case could be made with the assent of just his case, Banks has been on death row while Chairman of the Committee or Sub- four justices. Texas conducted 299 executions, the most of committee prescribes. Consistent with growing public concern any state since the Supreme Court permitted 4. Field hearings of the full Committee, over the possibility of wrongful death sen- states to resume capital punishment in 1976. and any Subcommittee thereof, shall be

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3721 scheduled only when authorized by the for commercial passenger carriers were Serbian nation. To the people of Ser- Chairman and ranking minority member of armed. That makes no sense because bia, we say: Please continue to fight the full Committee. cargo pilots fly the same planes with for those principles your Prime Min- II. QUORUMS the same or larger fuel loads as the ister represented with honor, skill, and 1. A majority of members shall constitute passenger aircraft that were hijacked courage. He will be written into the a quorum for official action of the Com- on September 11. history of a very difficult time. His mittee when reporting a bill, resolution, or Last week, I introduced the Arming name will be known for the freedom he nomination. Proxies shall not be counted in Cargo Pilots Against Terrorism Act to making a quorum. helped bring to a long-suffering people. 2. Eight members shall constitute a close that dangerous loophole. Today, America salutes a fallen hero. quorum for the transaction of all business as Senator BOXER offered our bill as an f amendment in the Commerce Com- may be considered by the Committee, except JACKSON-VANIK for the reporting of a bill, resolution, or mittee and it passed unanimously. I nomination. Proxies shall not be counted in thank her for all her hard work on this Mr. LEVIN. Mr. President, nearly making a quorum. issue and I thank the Commerce Com- three decades ago, a small provision 3. For the purpose of taking sworn testi- mittee for acting expeditiously. was included in the Trade Act of 1974. mony a quorum of the Committee and each I am hopeful this bill soon become While relatively small in number of Subcommittee thereof, now or hereafter ap- words, this provision, known as the pointed, shall consist of one Senator. law and the loophole will be closed. We need to protect our cargo pilots and Jackson-Vanik amendment, helped III. PROXIES the general public from any possible open up an entire society. When a record vote is taken in the Com- threat. Three decades ago, during the height mittee on any bill, resolution, amendment, of the Soviet Union’s power, Senator or any other question, a majority of the f members being present, a member who is un- Henry ‘‘Scoop’’ Jackson and Represent- THE ASSASSINATION OF SERBIAN ative Charles Vanik introduced legisla- able to attend the meeting may submit his PRIME MINISTER ZORAN DJINDJIC or her vote by proxy, in writing or by tele- tion that exposed the repressive tactics phone, or through personal instructions. Mr. MCCAIN. Mr. President, when of the Soviet Union. By focusing atten- IV. BROADCASTING OF HEARINGS Zoran Djindjic was assassinated in Bel- tion on the emigration restrictions Public hearings of the full Committee, or grade yesterday, Serbia and the world that the Soviet Union placed on its any Subcommittee thereof, shall be televised lost a champion of freedom who gave Jewish citizens, the Jackson-Vanik or broadcast only when authorized by the his life in service to it. We mourn his amendment reiterated American con- Chairman and the ranking minority member death and condemn his assassins’ at- cern about the wide-scale human rights of the full Committee. tempt to destroy democratic rule in a abuses occurring in the Soviet Union. V. SUBCOMMITTEES country that was only recently liber- In the process, the Jackson-Vanik 1. Any member of the Subcommittee may ated from Slobodan Milosevic’s tyr- amendment played a vital role in sit with any Subcommittee during its hear- anny, but had already come so far. changing Soviet society. ings or any other meeting but shall not have I first heard about Zoran Djindjic in Now, as the cold war recedes further the authority to vote on any matter before 1996 when he took to the streets of Bel- into the past, it is time for Russia to the Subcommittee unless he or she is a Mem- grade with hundreds of thousands of be ‘‘graduated’’ from Jackson-Vanik. ber of such Subcommittee. 2. Subcommittees shall be considered de Serbs to force Milosevic to accept local Because of the persistence of the Jack- novo whenever there is a change in the election results. He was victorious in son-Vanik requirements, the adminis- chairmanship, and seniority on the par- that battle. It took him four more tration must report semi-annually on ticular Subcommittee shall not necessarily years of hard and dangerous work to the Russian Federation’s compliance apply. defeat Milosevic at the polls and in the with the freedom of emigration re- VI. CONSIDERATION OF BILLS AND RESOLUTIONS streets. quirements. This reporting require- It shall not be in order during a meeting of The Serbian revolution of 2000 ment is a source of much frustration the Committee to move to proceed to the showed the world that democracy can and embarrassment to our Russian consideration of any bill or resolution unless succeed, in the Balkans as elsewhere, if friends, a fact that is made clear to me the bill or resolution has been filed with the leaders are wise, persistent, and coura- whenever I meet with individuals or Clerk of the Committee not less than 48 geous. The Milosevic government was groups from Russia. hours in advance of the Committee meeting, the last Balkan dictatorship to fall. Russia has made great progress in re- in as many copies as the Chairman of the Zoran Djindjic was the person pushing forming itself. Since 1994, consecutive Committee prescribes. This rule may be waived with the concurrence of the Chair- hardest at the pillars of the authori- administrations have noted that the man and the ranking minority member of tarian state. Once he became Prime Russian Federation has been found to the full Committee. Minister, he made the tough decisions be in full compliance with the freedom f to transform Serbia from dictatorship of emigration requirements under Title to democratic republic. He sent IV of the Trade Act of 1974. In this ARMING CARGO PILOTS AGAINST Milosevic to The Hague, despite fierce time, the United States has signed a bi- TERRORISM ACT internal opposition; he implemented lateral trade agreement with Russia, Mr. BUNNING. Mr. President, I rise critical economic and political re- and the Bush Administration according to thank my colleagues on the Senate forms; and recently he had begun to ag- to its website ‘‘has begun consultations Commerce Committee for unanimously gressively fight organized crime. It was with Congress and interested groups on passing the language of the Arming one battle too many. the possibility of graduating Russia Cargo Pilots Terrorism Act as an Those who would corrupt and destroy and other countries of the former So- amendment to the Air Cargo Security democracy in Serbia presumably hope viet Union from the provisions of the Act. by their actions to extinguish the Ser- Jackson-Vanik amendment.’’ Grad- As was made so terribly clear on Sep- bian people’s aspirations to live under uating Russia from Jackson-Vanik at tember 11, 2001, we must be ready for rule of law and in liberty as part of a this time will improve our relations terrorist threats in places and times we secure and prosperous Europe. They with Russia while enabling us to re- never before thought we would. Con- have failed. Killing one man will not flect upon the courage of Soviet Jewry gress has acted deliberately to increase stop reform or diminish the passion of and the success of this legislation. I our security and make it harder for Serbs to be part of the European family ask unanimous consent that a letter terrorists to repeat the destruction of of free nations. I hope it will only in- from Mr. Leonid Nevzlin, former Presi- September 11. vigorate Zoran Djindjic’s many fol- dent of the Russian Jewish Congress One step Congress took was to arm lowers to carry on the struggle they and a current member of the Russian pilots of commercial aircraft who vol- began together in the dark days of Senate, be printed in the RECORD fol- unteered for a rigorous training pro- Milosevic’s rule. lowing my statement. gram. At the last minute, commercial Our prayers are with the Djindjic The PRESIDING OFFICER. Without cargo pilots were left out of the pro- family, his colleagues in the Demo- objection, it is so ordered. gram while their counterparts flying cratic Opposition of Serbia, and the (See exhibit 1.)

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3722 CONGRESSIONAL RECORD — SENATE March 13, 2003 Mr. LEVIN. This letter states that pressing support for repeal of the Jackson- helped create the State Children’s ‘‘there should be no doubt that the Vanik Amendment. I prepared the letter Health Insurance Program, SCHIP. Jewish community believes the Jack- some time ago and it is surprising that more That program provides coverage for son-Vanik requirements have been met people in the U.S. Senate were unaware that needy children who do not qualify for it had been sent. There should be no doubt in terms of immigration and freedom that the Jewish community believes the the Oregon Health Plan. Today, all 50 of movement in today’s Russia.’’ Jackson-Vanik requirements have been met States have SCHIP programs providing This bill, which Senator BAUCUS is in terms of immigration and freedom of for 4.6 million children. And in 2001, Or- introducing and which I am pleased to movement in today’s Russia. egon’s SCHIP program provided health co-sponsor, would enhance relations be- I have also taken note of your concerns coverage to over 41,000 needy children. tween the United States and Russia. about the sale of dual use technology to Iran While we in Congress debate the ways While recognizing the advances made and Iraq. In this regard, as you recall I pro- in which legislators can help tackle by Russia, the legislation also ensures posed in our meeting that our two chambers this difficult problem, people all over establish a framework to assess how we can the country are acting on their own to that Congress can continue to play a both develop greater cooperation on matters meaningful role in addressing trade of mutual concern. I am very pleased that help bring health services and a better disputes with Russia and in setting the both you and Chairman Biden encouraged me quality of life to countless vulnerable terms of World Trade Organization, to develop such a framework and look for- Americans. During Cover the Unin- WTO, accession for Russia. ward to working with both of you to see that sured Week I would like to tell you While this legislation grants Perma- this is accomplished. about one person from my own state of nent Normal Trade Relations, PNTR, On another matter, I know of your interest Oregon whom I consider to be a true to the Russian Federation, it does not in reducing America’s dependence on oil ‘‘Health Care Hero.’’ Mr. Ian Timm is a shipments from Middle East countries and man who has truly made a difference to abrogate the rights of Congress to com- though you would like to know that Russian ment on Russia’s accession to the WTO oil company YUKOS, will be delivering the the lives and health of many Orego- nor does it remain silent about the first load of Russian oil to Houston, Texas nians. need for continued progress by the Rus- soon. I am confident that Russia could be a Mr. Timm is well known as an effec- sian Federation with regard to human reliable supplier and would welcome the op- tive advocate bringing health services rights matters. portunity to work with you and others in to Oregon’s needy. Whether serving on The Jackson-Vanik amendment was Congress on initiatives that would encourage the Oregon Rural Health Association but one part of the Trade Act of 1974 this development. board, chairing the Oregon Statewide It is my hope to build a closer working re- Health Coordinating Council, or pro- that addressed trade with nonmarket lationship with select members of the U.S. economies. Recognizing the trade pol- Senate in order to take a fresh approach to viding leadership as a Linn County icy aspects of ‘‘graduating’’ a country a new set of challenges that beset both our Commissioner, Mr. Timm has dedi- from Jackson-Vanik, Congress has tra- countries. cated his professional life to making a ditionally granted PNTR to a country In recognition of the upcoming celebration difference in the lives of others. He is subject to Jackson-Vanik only at the of America’s Independence Day on July 4, I well known for providing both vision time of its accession to the WTO. This extend my best wishes to you, as representa- and structure to Oregon’s efforts to practice has given Congress the ability tive of the people, for your country’s re- provide quality health services for chil- markable achievement. dren and families. Because of his work, to voice its approval for the terms by Sincerely, young children receive immunizations, which a nation accedes to the WTO. LEONID NEVZLIN, The terms for Russia’s WTO accession Senator, Deputy Chairman of the Committee mothers have quality pre-natal care, are still being discussed, and even for Foreign Affairs, Council of Federation of and seniors have the attention of phy- though this legislation would provide Russian Parliament. sicians, all regardless of their financial PNTR for Russia before those terms f status. In Oregon, we have a tradition of are final it also provides Congress with COVER THE UNINSURED WEEK the means to comment on those terms taking care of those who cannot take and voice its approval or disapproval Mr. SMITH. Mr. President, as most of care of themselves—Mr. Timm has been for them. my colleagues know, this week is Cover a leader in making this value a reality. This legislation addresses the con- the Uninsured Week in America. The For instance, Mr. Timm’s vision led to cerns of the Jackson-Vanik Amend- Robert Wood Johnson Foundation and the development of Care Oregon, which ment while preserving Congress’ abil- a host of other organizations, including provides health coverage for thousands ity to play a key role in discussions the U.S. Chamber of Commerce, the of Oregonians as the largest insurer of about Russia’s accession to the WTO. AFL–CIO, and AARP, have come to- clients within the Oregon Health Plan. In a piece encouraging the ending of gether, recognizing that we can delay He serves on the Oregon Partnership to Jackson-Vanik’s applicability for Rus- no longer in addressing this critical Immunize Children, ensuring that Or- sia, the Israel Policy Forum stated issue. Like them, I believe that Con- egon kids receive the preventive care that: ‘‘things change. Old empires dis- gress should seize this opportunity to they need. Through his work at the Or- appear. Old enemies become new reaffirm its commitment to bringing egon Primary Care Association, Mr. friends. History’s challenge is to an- high quality, affordable, and stable Timm has increased access to health ticipate its direction and move along health coverage within reach of the 41 care by bringing resources to commu- with it.’’ million Americans who now go with- nity based health centers. These cen- This legislation recognizes the pro- out. ters are one of the most effective ways found changes wrought by the Jackson- Health insurance coverage is the best to provide health care to those who Vanik Amendment while acknowl- predictor of access to health care in often drop through the cracks, pre- edging our need to move forward as we America today; yet, despite its impor- venting disease and saving lives. continue to engage with Russia on tance, more than 41 million Americans But Mr. Timm’s service is not lim- matters of human rights and trade. remain uninsured, and 75 million ited to our borders. Driven by his faith EXHIBIT 1 Americans under 65 years of age—three and concern for others, he has shared out of every 10—were uninsured at his time and talents overseas in the JUNE 27, 2002. Hon. CARL LEVIN, some point during the past two years. Sudan and in Thailand. During the United States Senate, Experts estimate that this number will Ethopian refugee crisis, he supervised Washington, DC. increase by 1 to 3 million people this the construction of camps and provided DEAR SENATOR LEVIN: I am pleased we had year as the economic downturn con- medical and sanitation services for an opportunity to meet when I was in Wash- tinues. In our state alone, 436,000 peo- 105,000 refugees. In Thailand, he cre- ington, DC last week. Your long-standing in- ple sought Oregon Health Plan cov- ated sanitation programs for 14 refugee terest to promoting closer working relation- erage last year—a 14 percent increase camps, and supervised two outpatient ships between the U.S. Senate and the Rus- sian parliament is much appreciated. since 2000. clinics, public and school health pro- As promised, I am sending a copy of my I know we can reverse this trend be- grams, and the Khmer Health Training letter, as president of the Russian Jewish cause we have done it in the past. Dur- Center. Few of us are willing to forsake Congress, to Presidents Bush and Putin ex- ing my first year in the U.S. Senate, I the comforts of home, yet Mr. Timm

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3723 volunteered to bring hope and life to pany, 4th Battalion, 31st Infantry Regi- football and basketball teams have those in the most desperate corners of ment. been going to Butch Varno’s house be- the globe. Pfc. Tommy C. Young, 20, from Knox- fore the start of the game and literally Mr. Timm has built both a local and ville, TN, assigned to Charlie Company, giving him a lift. Mr. Varno, who from national reputation as an effective ad- 4th Battalion, 31st Infantry Regiment. infancy has contended with cerebral vocate and distinguished public servant Pfc. Andrew D. Stevens, 20, from palsy, is confined to a wheelchair and who is a true friend to the poor and Rockingham, NH, assigned to Charlie does not drive. On game day, he antici- vulnerable. This year, Mr. Timm will Company, 4th Battalion, 31st Infantry pates the arrival of a small band of retire from professional service, ending Regiment. Panthers for a ride to the game, which his distinguished career as the Execu- In addition, two young men were se- includes lifting Mr. Varno out of bed tive Director of the Oregon Primary riously injured—Spc. Dmitri Petrov and getting him to the bleachers. Care Association. He will be sorely and Spc. Edwin A. Mejia, both from We in Vermont are proud of the stu- missed. But given his record of valu- Charlie Company, 4th Battalion, 31st dent athletes who make this happen able service, I’m confident he will con- Infantry Regiment. before each game. Whether they know tinue to make a difference for Orego- Each and every one of these young it or not, they represent the very best nians. men was a patriot and served their of our Nation’s college students. They I salute Ian Timm for his record of country bravely. My thoughts and are learning, playing hard and, most accomplishment and tremendous leg- prayers go out to the families of these importantly, caring for others in their acy of healthy Oregon children and boys. While the cause of the accident community. families. He is the definition of a remains under investigation, I have I ask unanimous consent that the Health Care Hero and an example of asked to be kept informed of any and text of Rick Reilly’s column be printed compassionate service for all of us here all developments and am confident in the RECORD. in Congress and across America. that a thorough examination will be There being no objection, the mate- We in the U.S. Senate have a moral conducted. rial was ordered to be printed in the obligation to follow Ian Timm’s exam- Our brave military men and women RECORD, as follows: ple. In so doing, the 108th Congress can fully know the risk they take in doing [From Sports Illustrated, Mar. 10, 2003] leave its own legacy of healthy chil- their duty and they meet this risk head EXTRA CREDIT dren and families. Cover the Uninsured on, to ensure that the rest of us con- (By Rick Reilly) week lasts only 7 days, but I urge my tinue to live with freedom. Tragic acci- The best college tradition is not dotting colleagues to continue their personal dents such as this one truly remind us the i at Ohio State. It’s not stealing the goat commitment to this issue throughout all of the high price of freedom. from Navy. Or waving the wheat at Kansas. their time in public office and beyond. It’s Picking Up Butch at Middlebury (Vt.) I will continue working with my col- College. Only with this type of dedication can leagues to make sure our troops have For 42 years Middlebury freshman athletes we truly keep America healthy. the best equipment, instruction, and have been Picking Up Butch for football and f supplies to ensure their safety not only basketball games. It’s a sign-up sheet thing. Carry the ball bags. Gather all the towels. UH–60 BLACKHAWK CRASH AT on the battlefield, but in training exer- cises as well. May God bless the young Pick Up Butch. FORT DRUM, NEW YORK Basketball players, men and women, do it soldiers who died training to defend the Mr. BURNS. Mr. President, I rise during football season. Football players do it values of this great Nation. today to mourn the loss of 11 brave sol- during basketball season. Two hours before diers killed in a UH–60 Blackhawk f each home game, two freshmen grab what- ever car they can get and drive a mile off crash on the afternoon of Tuesday, MIDDLEBURY COLLEGE PAN- campus to the tiny house where 54-year-old March 11, at Fort Drum, New York. THERS’ WELL-PRACTICED TRADI- Butch Varno lives with his 73-year-old moth- This tragic accident occurred as the TION er, Helen, who never got her driver’s license. unit was conducting a routine training Mr. LEAHY. Mr. President, today I And they literally Pick Up Butch, 5’3’’ and exercise. One of the young men on 170 pounds, right off his bed. want to bring to the Senate’s attention They put him in his wheelchair and push board, Pfc. Stryder O. Stoutenburg, a group of student athletes in Vermont was from Missoula, MT. He was only 18 him out of the house, or one guy hauls him who have an unusual and admirable in a fireman’s carry. They pile him into the and was assigned to Charlie Company, tradition. For the past 42 years, car, cram the wheelchair into the trunk, 4th Battalion, 31st Infantry Regiment. Middlebury College freshman have take him to the game and roll him to his The other 10 young men killed are: helped a Middlebury man with a dis- spot in the mezzanine for football games or Cpt. Christopher E. Britton, 27, from ability make it to football and basket- at the end of the bench for basketball. Ohio, assigned to Headquarters and Butch always smiles and says the same ball games like clockwork. It is an- Headquarters Company, 1st Battalion, thing from the bottom of his heart: ‘‘CP just other example where students’ edu- 10th Aviation Regiment. sucks.’’ Cerebral palsy. While his fondest cation extends far beyond the walls of Chief Warrant Officer 3 Kenneth L. dream has always been to play basketball, a college classroom. Miller, 35, from California, assigned to it’ll never happen. There is little that he can In the March 10, 2003, issue of Sports physically do for himself. Bravo Company, 2nd Battalion, 10th Illustrated, well-known sports col- ‘‘At first, you’re a little nervous; you’re Aviation Regiment. like, I don’t know,’’ says freshman wide re- Staff Sgt. Brian Pavlich, 25, from umnist Rick Reilly took a moment to explain the tradition to his readers. ceiver Ryan Armstrong. ‘‘But the older guys Port Jervis, NY. assigned to Charlie say, ‘We did it when we were freshmen. Now Company, 4th Battalion, 31st Infantry Middlebury College has long been rec- you go get him. It’s tradition.’ So me and my Regiment. ognized as one of the Nation’s finest in- buddy got him the first week. He’s pretty Sgt. John L. Eichenlaub, Jr., 24, from stitutions of higher education. The heavy. We bumped his head a couple of times South Williamsport, PA, assigned to quality of its faculty, the rigors of getting him into the car. He’s like, ‘Hey! Be Charlie Company, 4th Battalion, 31st coursework, stunning facilities, and careful!’ But he loves getting out so much that afterward you feel good. It’s fun to put Infantry Regiment. the success of its athletic programs are the foundation for Middlebury’s storied a smile like that on somebody’s face.’’ Sgt. Joshua M. Harapko, 23, from Pe- And the kids don’t just Pick Up Butch. oria, AZ, assigned to Charlie Company, history and academic reputation. Yet They also Keep Butch Company. Take Butch 4th Battalion, 31st Infantry Regiment. it also is what goes unnoticed that to the Bathroom. Feed Butch. ‘‘He always Spc. Lucas V. Tripp, 23, from Aurora, makes this truly a special place—like a likes a hot dog and a Coke,’’ says 6’8’’ Clark CO, assigned to Bravo Company, 2nd tradition that takes place right before Read, 19, a power forward. ‘‘It’s kind of weird Battalion, 10th Aviation Regiment. the start of every football and basket- at first, sticking a hot dog in his mouth. The Spc. Barry M. Stephens, 20, from ball game. It is a tradition that has trick is to throw out the last bite so he Pinson, AL, assigned to Bravo Com- come to exemplify what it means to be doesn’t get your fingers.’’ Thanks to 42 years of freshmen, Butch pany, 2nd Battalion, 10th Aviation a Middlebury College Panther, a hardly ever misses a Middlebury game. Not Regiment. Vermonter, and a person in full. that he hasn’t been late. Pfc. Shawn A. Mayerscik, 22, from For the past 42 years, the freshman ‘‘One day this year, the two guys were call- Oil City, PA, assigned to Charlie Com- members of the Middlebury College ing me on their cell,’’ says Armstrong, ‘‘and

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3724 CONGRESSIONAL RECORD — SENATE March 13, 2003 they’re going, ‘We can’t find Butch!’ And I’m minister in Jamaica and the Bahamas change the world for the better. In 1965, like, ‘You lost Butch? How can you lose before moving to the U.S. in the 1950s. John was a businessman who volun- Butch?’ Turns out they just couldn’t find his After earning his master’s degree and teered some of his spare time to the St. house.’’ doctorate in ethics from the University Vincent de Paul Society in Phoenix, Nobody at Middlebury remembers quite how Picking Up Butch got started, but Butch of Chicago, Dr. Shaw taught religion AZ. In the course of his volunteer does. It was 1961. He was 13, and his grand- and ethics for 10 years before becoming work, John saw there was a need for mother, a housekeeper at the dorms, wheeled interim dean of the Howard University additional food for the Society’s soup him to a football game. It started snowing Divinity School in Washington D.C. He kitchen. In the course of his work, halfway through, and afterward she couldn’t then served as dean of arts and sciences John met a woman who had to collect push him all the way back home. A student at Morgan State University for 11 food from grocery store garbage bins to named Roger Ralph asked them if they need- years. feed her 10 children. That needy moth- ed a ride. Ever since then, Butch has been Dr. Shaw left his comfortable posi- er told John that there should be a buried in the middle of Middlebury sports. place where surplus food could be Sometimes he gives the basketball team a tion at Morgan to heed an urgent call pregame speech, which is usually, ‘‘I love from Shaw University, the oldest his- stored and available to people who you guys.’’ He holds the game ball during torically black university in the South. needed it, instead of being thrown out warmups and at halftime until the refs need The University had fallen on hard and wasted. As he looked around for it. He is held upright for the national an- times and was in dire financial trouble. ways to better serve the needy people them. Once in a while, just before tip-off, The school had no endowment, there he met, John noticed that fruit was they put him in the middle of the players’ was not enough money to pay day-to- being left unpicked on suburban back- huddle, where they all touch his head and day expenses. Enrollment was down. yard trees around Phoenix. John re- holler, ‘‘One, two, three, together!’’ When cruited volunteers to gather fruit that the action gets tense, the freshmen hold his No one would have blamed him if he hands to keep them from flailing. After the had passed up this challenge. But he remained in area fields after har- games some of the players come back to the didn’t pass it up—he took it on. vesting. He then delivered these much court and help him shuffle a few steps for ex- Rallying students, faculty, and the needed fruits and vegetables to various ercise, until he collapses back in his chair, community with his slogan ‘‘Strides to local churches. With John’s leadership, exhausted. Then it’s home again, Butch Excellence: Why Not the Best,’’ Dr. one of the Nation’s first ‘‘gleaning’’ chirping all the way. Shaw worked tirelessly to turn around projects became a reality. And it’s not just the athletes at the school’s fortunes. And thanks to John recruited the local grocery Middlebury who attend to him. Butch is a his leadership, Shaw University is once stores and asked them to donate sur- campus project. Students come by the house plus food. John also approached his and help him nearly every day. Over the again a shining light. Enrollment is up, years they taught him to read, and then last debts are paid and the endowment is local church, and the church responded year they helped him get his GED. Somebody now $15 million. Seventy percent of the by loaning John $3,000 and an aban- got him a graduation cap and gown to wear faculty have Ph.Ds. Because of his be- doned building. In 1967, John van at the party they threw in his honor. During lief that ‘‘education of the heart is just Hengel founded the world’s first food his thank-you speech, Butch wept. as important as the education of the bank, named St. Mary’s in honor of the ‘‘These kids care what happens to me,’’ heads and hands,’’ he has incorporated church that housed it. Thus was born Butch says. ‘‘They don’t have to, but they values and ethics into the Shaw cur- the first food bank and the concept of do. I don’t know where I’d be without them. food banking—a central source for food Probably in an institution.’’ riculum. Thanks to the efforts of Dr. But that’s not the question. The question Shaw and his outstanding faculty and donations and distribution to a wide is, Where would they be without Butch? staff, Shaw students are receiving an range of local charitable agencies that ‘‘It makes you think,’’ says Armstrong. education second to none. feed the hungry. ‘‘We’re all young athletes. Going to a game Dr. Shaw has also found time to con- After the creation of the St. Mary’s or playing in a game, we take it for granted. tribute to the community. Among Food Bank, John founded Second Har- But then you go Pick Up Butch, and I don’t other things, he serves on the board of vest in 1976. With the help of private know, it makes you feel blessed.’’ the Wade Edwards Learning Labora- donations and State and Federal Now comes the worst time of the year—the grants, John helped to set up and de- months between the end of the basketball tory, an after-school program that my season, last week, and the start of football in wife and I started and has offered in- velop Second Harvest food banks in August. ‘‘It stinks,’’ Butch says. He sits at valuable service to the young people we other nearby communities in Arizona, home lonely day after day, watching nothing serve. California, and other States. The suc- but Boston Red Sox games on TV, waiting We are sorry to see Dr. Shaw leave cess of these new food banks led to Sec- for the calendar pages to turn to the days but we in North Carolina wish him and ond Harvest becoming formally incor- when he can be one, two, three, together his wife, Marlene, many, many years of porated in 1979. Today, it is known as again with the students he loves. happiness and health as they take on America’s Second Harvest, the Na- On that day the door will swing open, and tion’s largest hunger relief charity and standing there, young and strong, will be two future challenges together. freshmen. And, really, just seeing them is In striving for excellence, Dr. Shaw a nationwide network of more than 200 what Picking Up Butch is all about. asked, ‘‘why not the best?’’ Fortu- regional food banks and good rescue or- ganizations that provide food and other f nately, that’s just what he gave us. Thank you, Dr. Shaw, for a job well services to more than 50,000 local chari- ADDITIONAL STATEMENTS done. You are an inspiration to us all.∑ table agencies. f In 1982, John van Hengel stepped down from his full-time role at Second REGARDING THE RETIREMENT OF COMMENDING THE HUMANITARIAN Harvest to pursue his work of spread- TALBERT O. SHAW AS PRESI- WORK OF JOHN VAN HENGEL ing food banking internationally. In DENT OF SHAW UNIVERSITY ∑ Mr. MCCAIN. Mr. President, I rise 1984, John van Hengel founded Food ∑ Mr. EDWARDS. Mr. President, I am today to honor a great American, a Banking, Inc., a nonprofit food bank pleased today to pay tribute to a re- man whose tireless efforts on behalf of consulting organization. John helped markable North Carolinian, Talbert O. needy people everywhere are an inspi- spread the notion of food banking and Shaw. ration to us all. February 21 of this volunteerism in an international ca- Dr. Shaw is retiring this year as year marked the 80th birthday of my pacity, first in Canada through the cre- president of Shaw University after a constituent, John van Hengel, who has ation of the Canadian Association of groundbreaking 15 years in which he become known as the ‘‘Father of Food Food Banks, then to France, and to helped this noble institution regain its Banking.’’ His vision for feeding the Belgium. Today, the Federation of Eu- footing and once again become a bea- hungry and his work making that vi- ropean Food Banks meets regularly to con of knowledge, opportunity and sion a reality has made a tremendous discuss experiences and ways to expand service for the people of North Carolina difference in the lives of millions of the work of its members. Recently, the and beyond. people. idea of food banking has spread to Dr. Shaw was born in Jamaica, the John van Hengel’s work is a testa- Brazil, Israel, Mexico, and Japan. John ninth of 10 children. He served as a ment to the ability of one person to van Hengel’s vision, first articulated

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3725 and acted upon in Phoenix in 1967, is staff. I thank Dr. Ogilvie for his daily on the production of certain semiauto- the first link in an international chain prayers. He offered us spiritual leader- matic assault weapons and high-capac- of food banks and compassion for the ship through his weekly Bible study for ity ammunition magazines. The 1994 neediest among us. Senators, and always made himself law banned a list of 19 specific weapons John van Hengel’s food banking idea available—at any time of the day—as a as well as a number of other weapons is simple, but like all truly great ideas, source of prayer and counsel. Chaplain incorporating certain design character- it took the efforts of one man working Ogilvie also hosted a weekly Bible istics. This law is scheduled to sunset for a lifetime to reach fruition. Be- study for Senate spouses. on September 13, 2004. cause John van Hengel was the need to Chaplain Ogilvie also made himself Last week before the Senate Judici- help hungry people, he created a con- available to staff. He welcomed staff to ary Committee, Attorney General John cept to address that need. Dozens of his office, responded to electronic mail Ashcroft indicated the Bush adminis- countries and millions of people now from staff, and taught an inspirational tration’s support for the current ban on have a powerful weapon against hun- study every Friday for Senate staff. Dr. assault weapons, but refused to support ger. Ogilvie also made an effort to stimu- reauthorization of the ban. I believe we In the wake of his 80th birthday, it is late relationship with the Washington should not only reauthorize this bill, a privilege in honor John van Hengel community. He made information but strengthen it. I hope the Bush Ad- for his noble dedication to feeding the available to staff about opportunities ministration will support reauthoriza- hungry. His vision and leadership con- to serve Washington-based charities, tion. tinue to greatly impact the lives of and he made the Senate aware of Sen- According to National Institute for millions throughout the United States ate and community groups to help Sen- Justice statistics cited by the Brady ∑ and the world. ate staff strengthen their lives morally Campaign to Prevent Gun Violence, f and spiritually. Dr. Ogilvie also offered the assault weapons ban has success- TRIBUTE TO CRAIG STALKER- himself to minister and speak to the fully reduced the use of assault weap- TROOPER OF THE YEAR IN local Washington community. ons in crime. According to the report, SOUTHERN REGION While serving in the Senate, I have crime gun traces for assault weapons been encouraged and blessed by Chap- declined by 20 percent the first year ∑ Mr. BUNNING. Mr. President, I rise lain Ogilvie and I am pleased the Sen- after the ban took effect from 4,077 in today in the Senate to honor and pay ate chose him as our Chaplain. His 1994 to 3,268 in 1995. Comparatively, tribute to Kentucky State Police trace requests on all crime guns de- Trooper Craig Stalker for being named friendship and counsel have served the the Southern Region Trooper of the Senate well and Washington will miss creased by only 11 percent over the Year. his presence. same period of time. This honor was bestowed upon Troop- My wife Joan and I give you and Even with the success of the ban, as- er Stalker by the International Asso- Mary Jane our warmest thoughts and sault weapons still pose a threat to ciation of Chiefs of Police. Trooper our prayers as you return home to community safety. In 1994, every major Stalker was nominated for this pres- California. We will continue to pray for national law enforcement organization, tigious award after he rescued several you and your family. We thank you for including the Fraternal Order of Po- people from two burning cars in John- your service and ministry to us and lice, the National Sheriff’s Association, son County, KY, while off duty. After wish you and your family God’s best.∑ and the Major City Police Chiefs Asso- receiving this distinction he was pre- f ciation, supported the Federal assault sented with a 35-pound eagle trophy. weapons ban. I expect that law enforce- LOCAL LAW ENFORCEMENT ACT ment will again support this important The citizens of eastern Kentucky are OF 2001 fortunate to have Trooper Stalker pro- piece of gun and community safety leg- tecting their communities. His exam- ∑ Mr. SMITH. Mr. President, I rise islation. ple of leadership, hard work, and com- today to speak about the need for hate I urge my colleagues in the Senate passion should be an inspiration to all crimes legislation. In the last Congress and the President to support the reau- throughout the Commonwealth. Senator KENNEDY and I introduced the thorization of this important bill.∑ Congratulations, Trooper Stalker for Local Law Enforcement Act, a bill that f would add new categories to current receiving this award. Trooper Stalker A TRIBUTE TO KENT KRESA is just one of the many Kentucky State hate crimes law, sending a signal that Police officers which put others before violence of any kind is unacceptable in ∑ Mrs. FEINSTEIN. Mr. President, I themselves by vowing to protect and our society. would like to take this opportunity to serve Kentuckians. They have earned I would like to describe a terrible recognize an outstanding leader of our admiration and respect, and for crime that occurred October 20, 2001 in American industry, Kent Kresa, upon this we will always be grateful.∑ San Diego, CA. An Afghani taxicab his retirement. For the past 13 years, Mr. Kresa has presided over Northrop f driver was attacked by one of his pas- sengers. According to police, after get- Grumman Corporation as its chairman IN HONOR OF DR. LLOYD OGILVIE ting in the cab, the passenger asked and CEO. ∑ Mr. ALLARD. Mr. President, since the cab driver for his nationality. After Under his guidance, Northrop Grum- 1995 Dr. Lloyd Ogilvie has provided ex- the driver answered, a heated argu- man grew from a mid-sized defense ceptional spiritual leadership to the ment ensued. When the cab stopped, company known primarily for aircraft Senate family. Serving as chaplain for the passenger got out and put his hands building to a full-spectrum major de- 8 years, Dr. Ogilvie daily guided and around the driver’s throat and struck fense firm. The Northrop Grumman counseled Members and staff with en- him with his fist. that Mr. Kresa refashioned is home to couragement, support, and wisdom. I believe that Government’s first 120,000 employees located in all 50 I will miss Dr. Ogilvie. Lloyd Ogilvie duty is to defend its citizens, to defend States and has operations in 25 foreign has led the Senate family and Nation them against the harms that come out countries. through difficult situations, including of hate. The Local Law Enforcement It is my privilege to commend Mr. the shooting deaths of Capitol Hill po- Enhancement Act is a symbol that can Kresa for a career that helped mod- lice officers J.J. Chestnut and Detec- become substance. I believe that by ernize our defense industrial base and tive John Gibson; the impeachment of passing this legislation and changing that significantly bolstered our na- our President; the deaths of three Sen- current law, we can change hearts and tional security. ate Members, Paul Wellstone, John minds as well.∑ Mr. Kresa was born in New York City Chafee, and Paul Coverdell; the tragic f and raised on Long Island. He received terrorist attack on 9/11; the attack of his education at the Massachusetts In- anthrax on the Senate; and the current REAUTHORIZING THE ASSAULT stitute of Technology, earning a bach- possibility of war. WEAPONS BAN elor’s degree in 1959 and post-graduate His leadership and counsel have ∑ Mr. LEVIN. Mr. President, in 1994 degrees in 1961 and 1966, all in aero- stayed Senate Members, spouses, and President Clinton signed into law a ban nautics and astronautics.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3726 CONGRESSIONAL RECORD — SENATE March 13, 2003 Before joining Northrop Grumman, Within the next few years, he em- the Biltmore Hotel, located in the Mr. Kresa served with the Defense Ad- barked upon a decade-long effort that heart of the capital city of Providence. vanced Research Projects Agency, would not only transform Northrop As a waiter, manager, and director of where he was responsible for applied re- Grumman but also make the company catering service at the Biltmore Hotel search and development programs in a major force in changing the nature of for over five decades, he has become a the tactical and strategic defense the defense business. hallmark of one of Rhode Island’s fin- arena. From 1961–68 he was associated He and his staff foresaw that a post- est institutions. Over his long and in- with the Lincoln Laboratory at M.I.T., cold war defense establishment would dustrious career Jimmy McDonnell has where he worked on ballistic missile require a very different array of prod- attended to the needs of people from all defense research and re-entry tech- ucts and services, that America’s mili- walks of life—from Presidents and for- nology. tary of the future would rely on sys- eign heads of state, to CEOs and politi- During his distinguished career, Mr. tems and integrated networks to tre- cians, to television and movie celeb- Kresa received many of industry’s and mendously enhance the capabilities of rities and even to rock stars. Jimmy the government’s most prestigious its platforms. He worked tirelessly to has been in the center of the Rhode Is- honors. In January, Forbes Magazine help the Department of Defense land restaurant and hotel industry and featured him on their cover and named achieve this vision of interconnected is well known to our community’s Northrop Grumman the Company of platforms working together to greatly most distinguished residents and visi- the Year. In 2002, Mr. Kresa was award- increase the situational awareness and tors. Synonymous with the finest in ed the Ellis Island Medal of Honor for speed of engagement of our military service, Jimmy has, through his profes- his significant contributions to our na- forces. sionalism, skills and graciousness, al- tion’s heritage. He received the Navy To build a company that could better ways put Rhode Island’s best foot for- League’s Admiral Chester W. Nimitz support the new direction of the De- ward and illuminated the kindness and Award for outstanding support of the partment of Defense, Mr. Kresa and his generosity of our great State. U.S. Navy. staff acquired 16 other major firms, In addition to celebrities, he has Also last year, he was named presi- many of them legends in their own touched the lives of virtually hundreds dent for a 1-year term of the American right. These included Grumman, Wes- of Rhode Islanders and their families. Institute of Aeronautics and Astronau- tinghouse, Logicon, Litton Industries, He oversaw countless social events and tics. And he was presented the Cali- Newport News Shipbuilding, and, most charitable endeavors and he was ‘‘the fornia Institute of Technology’s Man- recently, TRW. person’’ to whom you entrusted the de- agement Association’s Excellence in ‘‘This Amalgamation of great compa- tails of your son’s bar mitzvah or who Management Award for demonstrating nies,’’ to quote Mr. Kresa, created a made sure your daughter’s wedding extraordinary vision and leadership. corporate structure that has led to new went according to plan. He helped In 2001, BusinessWeek magazine se- efficiencies and much creative collabo- make cherished memories for so many, lected Mr. Kresa as one of the Nation’s ration. Today, for instance, Navy ships and his good heart and hard work Top 25 managers. That same year he can be built from top to bottom as well footnoted many special events in our received the Private Sector Council’s as networked with other platforms State and in our lives. His exemplary Leadership Award for his commitment simply through the joint efforts of Nor- legacy of service leaves many Rhode Is- to improving governmental efficiency. throp Grumman experts in information landers with fond memories and stories of the man they knew as ‘‘Mr. Bilt- In May 2000, the Aerospace Historical technology, avionics, satellite commu- more.’’ His presence at the Biltmore Society presented Mr. Kresa with the nications and other areas. International von Kμrmμn Wings award Mr. Kresa and was also instrumental will indeed be sorely missed. I ask my colleagues to join me in for his contributions to the industry. in developing and gaining Congres- commending Jimmy McDonnell for his And in March of 2000, the California sional approval for several key plat- many years of service at the Biltmore Manufacturers and Technology Asso- forms that will help form the backbone Hotel, and to the hospitality industry ciation named Mr. Kresa and Northrop of our 21st century military. These in- which makes Rhode Island such a spe- Grumman a Manufacturer of the Cen- clude the Joint Strike Fighter, the cial place to live, work, and visit.∑ tury. DDX family of destroyers, cruisers and Other honors include Honorary Fel- littoral combat ships, and the new gen- f low by the American Institute of Aero- eration of Coast Guard ships and air- MESSAGES FROM THE PRESIDENT nautics and Astronautics in 1998; Cali- craft known as the Deepwater project. Messages from the President of the fornia Industrialist of the Year in 1996, As Mr. Kresa moves on to exciting United States were communicated to by the California Museum of Science new challenges I wish him, his wife the Senate by Ms. Evans, one of his and Industry and the California Mu- Joyce, and their daughter Kiren, every secretaries. seum Foundation; the Navy League of success and happiness. f New York’s Admiral John J. Bergen For more than 42 years, Mr. Kresa Leadership Award in 1995; and the Air has worked relentlessly in pushing for EXECUTIVE MESSAGES REFERRED Force Association’s John R. Alison greater innovation, efficiency and As in executive session the Presiding Award for Industrial Leadership in readiness within our great Nation’s de- Officer laid before the Senate messages 1994. fense establishment. My office will re- from the President of the United During Mr. Kresa’s tenure at member Mr. Kresa for his loyalty, dedi- States submitting sundry nominations DARPA, he received the Arthur D. cated service, and accomplishments— which were referred to the appropriate Flemming Award as one of the top 10 and we thank him.∑ committees. people in the U.S. Government in 1975; f (The nominations received today are the Navy’s Meritorious Public Service printed at the end of the Senate pro- OUTSTANDING RHODE ISLANDER Citation the same year; and Secretary ceedings.) ∑ of Defense Meritorious Civilian Service Mr. REED. Mr. President, I rise to f Medal in 1974. pay tribute to an outstanding Rhode Is- While impressive, this partial list of lander, Jimmy McDonnell, who is cele- 6-MONTH PERIODIC REPORT REL- honors only begins to tell the story of brating his retirement from the Bilt- ATIVE TO THE NATIONAL EMER- Mr. Kresa’s contributions to the de- more Hotel after 45 years of dedicated GENCY WITH RESPECT TO IRAN— fense industry and this country. service. PM 23 After joining Northrop in 1975, he was Since his earnest beginnings in 1948 The PRESIDING OFFICER laid be- responsible for innovations in stealth as a busboy in the Town Room Res- fore the Senate the following message and surveillance aircraft, such as the taurant, Jimmy McDonnell has exem- from the President of the United revolutionary B–2 stealth bomber. He plified great professionalism, boundless States, together with an accompanying was named president of the company in enthusiasm, and is today an institution report; which was referred to the Com- 1987, and CEO and chairman of the in Rhode Island’s hospitality industry. mittee on Banking, Housing, and board in 1990. Jimmy McDonnell is synonymous with Urban Affairs:

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3727 To the Congress of the United States: Mr. Hays, one of its reading clerks, an- H.R. 389. An act to authorize the use of cer- As required by section 401(c) of the nounced that the House has passed the tain grant funds to establish an information National Emergencies Act, 50 U.S.C. following bills, in which it requests the clearinghouse that provides information to 1641(c), section 204(c) of the Inter- concurrence of the Senate: increase public access to defibrillation in national Emergency Economic Powers schools; to the Committee on Health, Edu- H.R. 342. An act to authorize grants cation, Labor, and Pensions. Act, 50 U.S.C. 1703(c), and section 505(c) through the Centers for Disease Control and H.R. 399. An act to amend the Public of the International Security and De- Prevention for mosquito control programs to Health Service Act to promote organ dona- velopment Cooperation Act of 1985, 22 prevent mosquito-borne diseases, and for tion; to the Committee on Health, Edu- other purposes. cation, Labor, and Pensions. U.S.C. 2349aa–9(c), I am transmitting a H.R. 389. An act to authorize the use of cer- H.R. 659. An act to amend section 242 of the 6-month periodic report prepared by tain grant funds to establish an information my Administration on the national clearinghouse that provides information to National Housing Act regarding the require- emergency with respect to Iran that increase public access to defibrillation in ments for mortgage insurance under such was declared in Executive Order 12957 schools. Act for hospitals; to the Committee on Banking, Housing, and Urban Affairs. of March 15, 1995. H.R. 399. An act to amend the Public Health Service Act to promote organ dona- H.R. 663. An act to amend title IX of the GEORGE W. BUSH. tion. Public Health Service Act to provide for the THE WHITE HOUSE, March 12, 2003. H.R. 659. An act to amend section 242 of the improvement of patient safety and to reduce f National Housing Act regarding the require- the incidence of events that adversely affect patient safety, and for other purposes; to the NOTICE STATING THAT THE EMER- ments for mortgage insurance under such Act for hospitals. Committee on Health, Education, Labor, and GENCY DECLARED WITH RE- H.R. 663. An act to amend title IX of the Pensions. SPECT TO THE GOVERNMENT OF Public Health Service Act to provide for the f IRAN IS TO CONTINUE BEYOND improvement of patient safety and to reduce MARCH 15, 2003—PM 24 the incidence of events that adversely affect MEASURE PLACED ON THE CALENDAR The PRESIDING OFFICER laid be- patient safety, and for other purposes. fore the Senate the following message The message also announced that the The following bill was read the sec- from the President of the United House has agreed to the following con- ond time, and placed on the calendar: States, together with an accompanying current resolution, in which it requests S. 607. A bill to improve patient access to report; which was referred to the Com- the concurrence of the Senate: health care services and provide improved mittee on Banking, Housing, and H. Con. Res. 85. Concurrent resolution ex- medical care by reducing the excessive bur- Urban Affairs: pressing the sense of Congress with regard to den the liability system places on the health the need for improved fire safety in nonresi- care delivery system. To the Congress of the United States: dential buildings in the aftermath of the f Section 202(d) of the National Emer- tragic fire on February 20, 2003, at a night- gencies Act, 50 U.S.C. 1622(d)) provides club in West Warwick, Rhode Island. MEASURE HELD AT THE DESK for the automatic termination of a na- The message further announced that The following measure was ordered tional emergency unless, prior to the pursuant to 15 U.S.C. 1024(a), and the held at the desk until the close of busi- anniversary date of its declaration, the order of the House of January 8, 2003, ness March 19, 2003, by unanimous con- President publishes in the Federal Reg- the Speaker appoints the following sent: ister and transmits to the Congress a Members of the House of Representa- S. 628. A bill to require the construction at notice stating that the emergency is to tives to the Joint Economic Com- Arlington National Cemetery of a memorial continue in effect beyond the anniver- mittee: Mr. STARK of California, Mrs. to the crew of the Columbia Orbiter. sary date. In accordance with this pro- MALONEY of New York; Mr. WATT of f vision, I have sent the enclosed notice, North Carolina; and Mr. HILL of Indi- stating that the Iran emergency is to ana. EXECUTIVE AND OTHER continue in effect beyond March 15, The message also announced that COMMUNICATIONS 2003, to the Federal Register for publica- pursuant to section 161(a) of the Trade The following communications were tion. The most recent notice con- Act of 1974 (19 U.S.C. 2211), and the laid before the Senate, together with tinuing this emergency was published order of the House of January 8, 2003, accompanying papers, reports, and doc- in the Federal Register on March 14, 2002 the Speaker appoints the following uments, which were referred as indi- (67 FR 11553). Members of the House of Representa- cated: The crisis between the United States tives as Congressional Advisors on EC–1576. A communication from the Con- and Iran constituted by the actions and Trade Policy and Negotiations during gressional Review Coordinator, Animal and policies of the Government of Iran, in- the first session of the One Hundred Plant Health Inspection Service, Department cluding its support for international Eighth Congress: Mr. THOMAS of Cali- of Agriculture, transmitting, pursuant to terrorism, efforts to undermine Middle fornia; Mr. CRANE of Illinois, Mr. SHAW law, the report of a rule entitled ‘‘Unshu Or- anges from Honshu Island, Japan (Doc. No. East peace, and acquisition of weapons of Florida, Mr. RANGEL of New York; 02–108–1)’’ received on March 12, 2003; to the of mass destruction and the means to and Mr. LEVIN of Michigan. Committee on Agriculture, Nutrition, and delivery them, that led to the declara- At 5:50 p.m., a message from the Forestry. tion of a national emergency on March House of Representatives, delivered by EC–1577. A communication from the Under 15, 1995, has not been resolved. These Mr. Hays, one of its reading clerks, an- Secretary of Defense, Personnel and Readi- actions and policies are contrary to the nounced that the House has passed the ness, Department of Defense, transmitting, interests of the United States in the re- following bill, in which it requests the pursuant to law, the Montgomery GI Bill gion and pose a continuing unusual and concurrence of the Senate: (MGIB) Biennial Report to Congress, re- extraordinary threat to the national H.R. 5. An act to improve patient access to ceived on March 12, 2003; to the Committee on Armed Services. security, foreign policy, and economy health care services and provide improved medical care by reducing the excessive bur- EC–1578. A communication from the Assist- of the United States. For these rea- ant Legal Adviser for Treaty Affairs, Depart- sons, I have determined that it is nec- den the liability system places on the health care delivery system. ment of State, transmitting, pursuant to essary to continue the national emer- law, the report relative to international gency declared with respect to Iran and f agreements other than treaties entered into maintain in force comprehensive sanc- MEASURES REFERRED by the United States under the Case-Za- blocki Act with Japan, Greece, France and tions against Iran to respond to this The following bills were read the first threat. Uzbekistan, received on March 12, 2003; to and the second times by unanimous the Committee on Foreign Relations. GEORGE W. BUSH. consent, and referred as indicated: EC–1579. A communication from the Pro- THE WHITE HOUSE, March 12, 2003. H.R. 342. An act to authorize grants gram Analyst, Federal Aviation Administra- f through the Centers for Disease Control and tion, Department of Transportation, trans- MESSAGES FROM THE HOUSE Prevention for mosquito control programs to mitting, pursuant to law, the report of a rule prevent mosquito-borne diseases, and for entitled ‘‘Airworthiness Directives: General At 11:55 a.m., a message from the other purposes; to the Committee on Health, Electric Company CF6–50 and CF6–80C2 Tur- House of Representatives, delivered by Education, Labor, and Pensions. bofan Engines; Docket No. 2001–NE–19 (2120–

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3728 CONGRESSIONAL RECORD — SENATE March 13, 2003 AA64) (2003–0147)’’ received on March 12, 2003; mitting, pursuant to law, the report of a rule EC–1597. A communication from the Senior to the Committee on Commerce, Science, entitled ‘‘Airworthiness Directives: Robinson Legal Advisor to the Bureau Chief, Media and Transportation. Helicopter Company Model R22 Helicopter; Bureau, Federal Communication Commis- EC–1580. A communication from the Pro- Docket no. 2001–SW–44 (2120–AA64) (2003– sion, transmitting, pursuant to law, the re- gram Analyst, Federal Aviation Administra- 0139)’’ received on March 12, 2003; to the Com- port of a rule entitled ‘‘Amendment of Sec- tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- tion 73.202(b), Table of Allotments, FM mitting, pursuant to law, the report of a rule tation. Broadcast Stations (Junction, Texas; Chino entitled ‘‘Airworthiness Directives: Boeing EC–1589. A communication from the Pro- Valley, Arizona; Arkadelphia, Arkansas; Model 767–00 Series Airplanes Modified by gram Analyst, Federal Aviation Administra- Aspermont, Texas; Cotulla Texas) (MM Supplemental Type Certificate STO169AT–D tion, Department of Transportation, trans- Docket Nos. 01–263, 01–264, 01–265, 01266, 01– Docket No. 2002–NM–56 [1–13/3–10] (2120–AA64) mitting, pursuant to law, the report of a rule 267)’’ received on March 12, 2003; to the Com- (2003–0131)’’ received on March 12, 2003; to the entitled ‘‘Airworthiness Directives: Robinson mittee on Commerce, Science, and Transpor- Committee on Commerce, Science, and Helicopter Company Model R44 Helicopters; tation. Transportation. Docket no. 2001–SW–45 (2120–AA64) (2003– EC–1598. A communication from the Senior EC–1581. A communication from the Pro- 0140)’’ received on March 12, 2003; to the Com- Legal Advisor to the Bureau Chief, Media gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- Bureau, Federal Communication Commis- tion, Department of Transportation, trans- tation. sion, transmitting, pursuant to law, the re- mitting, pursuant to law, the report of a rule EC–1590. A communication from the Pro- port of a rule entitled ‘‘Amendment of Sec- entitled ‘‘Airworthiness Directives: gram Analyst, Federal Aviation Administra- tion 73.202(b), Table of Allotments, FM Raytheon Model Hawker 800 XP Airplanes; tion, Department of Transportation, trans- Broadcast Stations Balmorhea, Texas (MB Docket no. 2001–NM–315 [1–13/3–10] (2120– mitting, pursuant to law, the report of a rule Docket No. 02–15, RM–10463)’’ received on AA64) (2003–0132)’’ received on March 12, 2003; entitled ‘‘Airworthiness Directives: March 12, 2003; to the Committee on Com- to the Committee on Commerce, Science, PIAGGIO AERO Industries SpA Model 180 merce, Science, and Transportation. and Transportation. Airplanes; Docket No. 2002–CE–47 (2120–AA64) EC–1599. A communication from the Senior EC–1582. A communication from the Pro- (2003–0141)’’ received on March 12, 2003; to the Legal Advisor to the Bureau Chief, Media gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and Bureau, Federal Communication Commis- tion, Department of Transportation, trans- Transportation. sion, transmitting, pursuant to law, the re- mitting, pursuant to law, the report of a rule EC–1591. A communication from the Pro- port of a rule entitled ‘‘Amendment of Sec- entitled ‘‘Airworthiness Directives: Honey gram Analyst, Federal Aviation Administra- tion 73.202(b), Table of Allotments, FM International Inc. ALF5021L–2, –2C, tion, Department of Transportation, trans- Broadcast Stations Snyder, Littltfield, ALF502R–3 and –3 and –3A Series Turbofan mitting, pursuant to law, the report of a rule Wolfforth and Floydada, Texas and Hobbs, Engines; Docket no. 2002–NE–24 [1–15/3–10] entitled ‘‘Airworthiness Directives: APEX New Mexico (MM Docket No. 01–144; RM– (2120–AA64) (2003–0133)’’ received on March 12, Aircraft Model CAP 10 B Airplanes; Docket 10406, RM–10340)’’ received on March 12, 2003; 2003; to the Committee on Commerce, no. 2002–CE–04 (2120–AA64) (2003–0142)’’ re- to the Committee on Commerce, Science, ceived on March 12, 2003; to the Committee Science, and Transportation. and Transportation. EC–1583. A communication from the Pro- on Commerce, Science, and Transportation. EC–1600. A communication from the Dep- EC–1592. A communication from the Pro- gram Analyst, Federal Aviation Administra- uty Chief, Policy Division, Wireless Tele- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- communications Bureau, Federal Commu- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule nications Commission, transmitting, pursu- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Hartzell ant to law, the report of a rule entitled ‘‘Re- entitled ‘‘Airworthiness Directives: British Propeller Inc. Model HC C2YR–4CF Propel- vision of the Commission’s Rules to Ensure Aerospace Model HP 137 Jetstream Mk I Jet- lers; docket no. 2001–NE–48 [2–4/3–10] (2120– Compatibility with Enhanced 911 Calling stream Series 200, 3101, and 3201 Airplanes; AA64) (2003–0134)’’ received on March 12, 2003; Systems; Petition of City of Richardson, Docket No. 2002–CE–14 (2120–AA64) (2003– to the Committee on Commerce, Science, Texas: Order of Reconsideration (FCC 02–318; 0143)’’ received on March 12, 2003; to the Com- and Transportation. mittee on Commerce, Science, and Transpor- CC Docket 94–102)’’ received on March 12, EC–1584. A communication from the Pro- tation. 2003; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- EC–1593. A communication from the Pro- Science, and Transportation. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–1601. A communication from the Attor- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- ney/Advisor, Wireless Telecommunications entitled ‘‘Airworthiness Directives: Dornier mitting, pursuant to law, the report of a rule Bureau, Federal Communications Commis- Model 328–100 and –300 Series Airplanes; entitled ‘‘Airworthiness Directives SCATA sion, transmitting, pursuant to law, the re- docket no. 2002–NM–140 [2–5/3–10] (2120–AA64) Griyoe AEROSOATUAKE Nideks TB 8m 10, port of a rule entitled ‘‘Amendments to (2003–0135)’’ received on March 12, 2003; to the 20, 21, and 200 Airplanes Docket no. 2002–CE– Parts 1, 2, 27 and 90 of the Commission’s Committee on Commerce, Science, and 43 (2120–AA64) (2003–0144)’’ received on March Rules to License Services in the 216–220 MHz, Transportation. 12, 2003; to the Committee on Commerce, 1390–1395 MHz, 1427–1429 MHz, 1429–1432 MHz, EC–1585. A communication from the Pro- Science, and Transportation. 1432—1435 MHz, 1670–1675 MHz, and 2385–2390 gram Analyst, Federal Aviation Administra- EC–1594. A communication from the Pro- MHz Governments Transfer Bands (WT tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Docket No. 02–8, FCC 02–152)’’ received on mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- March 12, 2003; to the Committee on Com- entitled ‘‘Airworthiness Directives: mitting, pursuant to law, the report of a rule merce, Science, and Transportation. PIAGGIO AERO INDUSTRIES SpA Model P entitled ‘‘Airworthiness Directives: Various EC–1602. A communication from the Acting 180 Airplanes; Docket no. 2002–CE–46 [2–5/3– Aircraft Equipped with Honeywell Primus II Principal Deputy Associate Administrator, 10] (2120–AA64) (2003–0136)’’ received on March RNZ 850–851 Intergrated Navigation Unites; Environmental Protection Agency, transmit- 12, 2003; to the Committee on Commerce, Docket No. 2003–NM–41 (2120–AA64) (2003– ting, pursuant to law, the report of a rule en- Science, and Transportation. 0145)’’ received on March 12, 2003; to the Com- titled ‘‘Virginia: Final Authorization of EC–1586. A communication from the Pro- mittee on Commerce, Science, and Transpor- State Hazardous Waste Management Pro- gram Analyst, Federal Aviation Administra- tation. gram Revisions (FRL 7465–8)’’ received on tion, Department of Transportation, trans- EC–1595. A communication from the Senior March 12, 2003; to the Committee on Environ- mitting, pursuant to law, the report of a rule Legal Advisor to the Bureau Chief, Media ment and Public Works. entitled ‘‘Airworthiness Directives: Boeing Bureau, Federal Communication Commis- EC–1603. A communication from the Acting Model 737–600, 700, 700C, 800, and 900 Series sion, transmitting, pursuant to law, the re- Principal Deputy Associate Administrator, Airplanes; Docket no. 2002–NM–240 (2120– port of a rule entitled ‘‘Amendment of Sec- Environmental Protection Agency, transmit- AA64) (2003–0137)’’ received on March 12, 2003; tion 73.202(b), Table of Allotments, FM ting, pursuant to law, the report of a rule en- to the Committee on Commerce, Science, Broadcast Stations, (Shelbyville and Las titled ‘‘National Emission Standards for Haz- and Transportation. Vergne, Tennessee (MM Docket No. 01–224)’’ ardous Air Pollutants: Surfact Coating of EC–1587. A communication from the Pro- received on March 12, 2003; to the Committee Metal Coil (FRL 7467–1)’’ received on March gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. 12, 2003; to the Committee on Environment tion, Department of Transportation, trans- EC–1596. A communication from the Senior and Public Works. mitting, pursuant to law, the report of a rule Legal Advisor to the Bureau Chief, Media EC–1604. A communication from the Acting entitled ‘‘Airworthiness Directives: Hartzell Bureau, Federal Communication Commis- Principal Deputy Associate Administrator, Propeller, INC, Model HD E6C 3B/E13890K sion, transmitting, pursuant to law, the re- Environmental Protection Agency, transmit- Propellers; Docket no. 2000–NE–45 (2120– port of a rule entitled ‘‘Amendment of Sec- ting, pursuant to law, the report of a rule en- AA64) (2003–0138)’’ received on March 12, 2003; tion 73.202(b), Table of Allotments, FM titled ‘‘Approval and Promulgation of Air to the Committee on Commerce, Science, Broadcast Stations Shafter and Quality Implementation Plans; Mississippi and Transportation. Buttonwillow, California (MM Docket No. 02– Update, to Materials Incorporated by Ref- EC–1588. A communication from the Pro- 58)’’ received on March 12, 2003; to the Com- erence (FRL 7445–5)’’ received on March 12, gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- 2003; to the Committee on Environment and tion, Department of Transportation, trans- tation. Public Works.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3729 EC–1605. A communication from the Acting Mr. MCCAIN. Mr. President, for the ject to the nominee’s commitment to Principal Deputy Associate Administrator, Committee on Commerce, Science, and respond to requests to appear and tes- Environmental Protection Agency, transmit- Transportation I report favorably the tify before any duly constituted com- ting, pursuant to law, the report of a rule en- mittee of the Senate. titled ‘‘Approval and Promulgation of Imple- following nomination lists which were mentation Plans; State of Missouri (FRL printed in the RECORD on the dates in- (Nominations without an asterisk 7467-4)’’ received on March 12, 2003; to the dicated, and ask unanimous consent, to were reported with the recommenda- Committee on Environment and Public save the expense of reprinting on the tion that they be confirmed.) Works. Executive Calendar that these nomina- The following executive reports of EC–1606. A communication from the Acting tions lie at the Secretary’s desk for the treaties were submitted: Principal Deputy Associate Administrator, By Mr. LUGAR, from the Committee on Environmental Protection Agency, transmit- information of Senators. The PRESIDING OFFICER. Without Foreign Relations: ting, pursuant to law, the report of a rule en- [Treaty Doc. 107–19 Tax Convention with titled ‘‘Approval and Promulgation of State objection, it is so ordered. the United Kingdom (Exec. Rept. No. 108–2)] Plans for Designated Facilities; New York Coast Guard nominations beginning Chris- TEXT OF COMMITTEE RECOMMENDED (FRL 7464-8)’’ received on March 12, 2003; to tine K. Alexander and ending Adam M. Zie- RESOLUTION OF RATIFICATION the Committee on Environment and Public gler, which nominations were received by the Works. Senate and appeared in the Congressional Resolved (two-thirds of the Senators present EC–1607. A communication from the Acting Record on January 28, 2003. concurring therein), That the Senate advise and consent to the ratification of the Con- Principal Deputy Associate Administrator, Coast Guard nominations beginning Diane vention between the Government of the Environmental Protection Agency, transmit- J. Hauser and ending Lisa H. Degroot, which United States of America and the Govern- ting, pursuant to law, the report of a rule en- nominations were received by the Senate and titled ‘‘Historic Area Remediation Site ment of the United Kingdom of Great Britain appeared in the Congressional Record on (HARS)-Specific Polychlorinated Bipheny and Northern Ireland for the Avoidance of January 28, 2003. Worm Tissue Criteria (FRL 7467-6)’’ received Double Taxation and the Prevention of Fis- Coast Guard nomination of Scott Aten. on March 12, 2003; to the Committee on Envi- cal Evasion with Respect to Taxes on Income Coast Guard nominations beginning Paul ronment and Public Works. and on Capital Gains, signed at London on EC–1608. A communication from the Chair- S. Szwed and ending Darell Singleterry, July 24, 2001, together with an Exchange of man, Defense Nuclear Facilities Safety which nominations were received by the Sen- Notes, as amended by the Protocol signed at Board, transmitting, pursuant to law, the ate and appeared in the Congressional Washington on July 19, 2002 (Treaty Doc. 107– Thirteenth Annual Report to Congress rel- Record on February 25, 2003. 19). ative to the Health and Safety activities re- Coast Guard nomination of John P. Nolan. [Treaty Doc. 107–20 Protocol Amending Tax lating to the Department of Energy’s De- Coast Guard nomination of Christy L. Convention with Australia (Exec. Rept. No. fense nuclear facilities during calendar year Howard. 108–3)] 2002, received on March 12, 2003; to the Com- Coast Guard nominations beginning Bruce E. Graham and ending Bradford W. TEXT OF COMMITTEE RECOMMENDED mittee on Governmental Affairs. RESOLUTION OF RATIFICATION EC–1609. A communication from the Direc- Youngkin, which nominations were received tor, Office of Federal Housing Enterprise by the Senate and appeared in the Congres- Resolved (two-thirds of the Senators present concurring therein), That the Senate advise Oversight (OFHEO), transmitting, pursuant sional Record on March 11, 2003. and consent to the ratification of the Pro- to law, the OFHEO’s Fiscal Year 2002 Per- By Mr. MCCAIN for the Committee on tocol Amending the Convention Between the formance Report, received on March 12, 2003; Commerce, Science, and Transportation. Government of the United States of America to the Committee on Governmental Affairs. *Ellen G. Engleman, of Indiana, to be EC–1610. A communication from the Direc- Chairman of the National Transportation and the Government of Australia for the tor, Office of Management, Budget and Eval- Safety Board for a term of two years. Avoidance of Double Taxation and the Pre- uation/Chief Financial Officer, transmitting, *Ellen G. Engleman, of Indiana, to be a vention of Fiscal Evasion with Respect to Taxes on Income, signed at Canberra on Sep- pursuant to law, the report relative to the Member of the National Transportation tember 27, 2001 (Treaty Doc. 107–20). Department of Energy’s annual list of Gov- Safety Board for a term expiring December ernment activities that are not inherently 31, 2007. [Treaty Doc. 108–3 Protocol Amending Tax governmental in nature, after review and *Richard F. Healing, of Virginia, to be a Convention with Mexico (Exec. Rept. No. consultation with the Office of Management Member of the National Transportation 108–4)] and Budget (OMB); to the Committee on Safety Board for a term expiring December TEXT OF COMMITTEE RECOMMENDED Governmental Affairs. 31, 2006. RESOLUTION OF RATIFICATION EC–1611. A communication from the Spe- *Mark V. Rosenker, of Maryland, to be a Resolved (two-thirds of the Senators present cial Counsel, Office of the Special Counsel, Member of the National Transportation concurring therein), That the Senate advise transmitting, pursuant to law, the Annual Safety Board for the remainder of the term and consent to the ratification of the Second Report of the Office of Special Counsel for expiring December 31, 2005. Additional Protocol That Modifies the Con- Fiscal Year 2002, received on March 12, 2003; *Charles E. McQueary, of North Carolina, vention Between the Government of the to the Committee on Governmental Affairs. to be Under Secretary for Science and Tech- United States of America and the Govern- f nology, Department of Homeland Security. ment of the United Mexican States for the *Jeffrey Shane, of the District of Colum- Avoidance of Double Taxation and the Pre- PETITIONS AND MEMORIALS bia, to be Under Secretary of Transportation vention of Fiscal Evasion with Respect to The following petitions and memo- for Policy. Taxes on Income, signed at Mexico City on rials were laid before the Senate and *Emil H. Frankel, of Connecticut, to be an November 26, 2002 (Treaty Doc. 108–3). were referred or ordered to lie on the Assistant Secretary of Transportation. f table as indicated: *Robert A. Sturgell, of Maryland, to be Deputy Administrator of the Federal Avia- INTRODUCTION OF BILLS AND POM–64. A resolution adopted by the City tion Administration. JOINT RESOLUTIONS of Warren, State of Michigan relative to solid waste; to the Committee on Environ- Mr. LUGAR. Mr. President, for the The following bills and joint resolu- ment and Public Works. Committee on Foreign Relations I re- tions were introduced, read the first POM–65. A resolution adopted by the Town port favorably the following nomina- and second times by unanimous con- of New Castle, State of New York relative to tion list which was printed in the sent, and referred as indicated: the decomissioning of the Indian Point By Mr. VOINOVICH: Power Plants; to the Committee on Environ- RECORD on the date indicated, and ask unanimous consent, to save the ex- S. 610. A bill to amend the provisions of ment and Public Works. title 5, United States Code, to provide for POM–66. A resolution adopted by Urbana pense of reprinting on the Executive workforce flexibilities and certain Federal City Council, State of Illinois relative to op- Calendar that this nomination lie at personnel provisions relating to the National position to a war against Iraq; to the Com- the Secretary’s desk for the informa- Aeronautics and Space Administration, and mittee on Foreign Relations. tion of Senators. POM–67. A resolution adopted by the Town for other purposes; to the Committee on of Mansfield, State of Connecticut relative The PRESIDING OFFICER. Without Governmental Affairs. to opposition to the war against Iraq; to the objection, it is so ordered. By Mr. REID (for himself, Mr. ENSIGN, Committee of Foreign Relations. *Foreign Service nominations beginning Mr. ALLARD, Mr. MILLER, and Mr. Lyle J. Sebranek and ending Margaret K. CRAPO): f S. 611. A bill to amend the Internal Rev- Ting, which nominations were received by enue Code of 1986 to treat gold, silver, and EXECUTIVE REPORTS OF the Senate and appeared in the Congres- platinum, in either coin or bar form, in the COMMITTEES sional Record on January 28, 2003. same manner as stocks and bonds for pur- The following executive reports of *Nomination was reported with rec- poses of the maximum capital gains rate for committees were submitted: ommendation that it be confirmed sub- individuals; to the Committee on Finance.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3730 CONGRESSIONAL RECORD — SENATE March 13, 2003 By Mr. BENNETT: to use allotments under the State children’s SUBMISSION OF CONCURRENT AND S. 612. A bill to revise the boundary of the health insurance program for expenditures SENATE RESOLUTIONS Glen Canyon National Recreation Area in under the medicaid program; to the Com- the States of Utah and Arizona; to the Com- mittee on Finance. The following concurrent resolutions mittee on Energy and Natural Resources. By Mr. GRASSLEY (for himself, Mr. and Senate resolutions were read, and By Mr. CAMPBELL (for himself and KENNEDY, Mr. BAUCUS, Ms. SNOWE, referred (or acted upon), as indicated: Mr. ALLARD): Mr. DASCHLE, Mr. SMITH, Mr. KERRY, S. 613. A bill to authorize the Secretary of By Mr. FRIST (for himself and Mr. Mr. THOMAS, Mr. BINGAMAN, Mr. BUN- DASCHLE): Veterans Affairs to construct, lease, or mod- NING, Mr. ROCKEFELLER, Mrs. LIN- S. Res. 83. A resolution commending the ify major medical facilities at the site of the COLN, Mr. JEFFORDS, Mr. ENZI, Mr. service of Dr. Lloyd J. Ogilvie, the Chaplain former Fitzsimons Army Medical Center, SARBANES, Mr. DOMENICI, Mr. JOHN- Aurora, Colorado; to the Committee on Vet- of the United States Senate; considered and SON, Mr. ENSIGN, Mrs. MURRAY, Mr. erans’ Affairs. agreed to. HOLLINGS, Ms. STABENOW, Mr. By Ms. SNOWE (for herself, Mr. ROCKE- By Mr. LOTT (for himself and Mr. CORZINE, Mr. BENNETT, Mr. SCHUMER, FELLER, Mr. DEWINE, Mr. DODD, Ms. DODD): Mr. WARNER, Mr. REID, Mr. DEWINE, COLLINS, Ms. CANTWELL, Ms. LAN- S. Res. 84. A resolution providing for mem- Mr. REED, Ms. COLLINS, Mr. MILLER, DRIEU, Mrs. LINCOLN, and Mr. BINGA- bers on the part of the Senate of the Joint Mr. LUGAR, Mr. LIEBERMAN, Mr. MAN): Committee on Printing and the Joint Com- LEAHY, Mr. CHAFEE, Mr. KOHL, Mr. S. 614. A bill to amend part B of title IV of mittee of Congress on the Library; consid- GRAHAM of South Carolina, Mr. the Social Security Act to create a grant ered and agreed to. EDWARDS, Mr. MCCAIN, Mr. DORGAN, program to promote joint activities among By Mr. MILLER: Mr. ROBERTS, Mr. DODD, Mr. DAYTON, Federal, State, and local public child welfare Ms. CANTWELL, Mr. BREAUX, Mr. S. Res. 85. A resolution to amend para- and alcohol and drug abuse prevention and graph 2 of rule XXII of the Standing Rules of treatment agencies; to the Committee on Fi- BIDEN, Ms. MIKULSKI, Mr. LEVIN, Ms. LANDRIEU, Mr. INOUYE, Mr. HARKIN, the Senate; to the Committee on Rules and nance. Administration. By Mr. SANTORUM (for himself and Mr. DURBIN, Mrs. CLINTON, Mrs. BOXER, Mr. BAYH, and Mr. AKAKA): By Mr. FRIST (for himself and Mr. Mr. SPECTER): DASCHLE): S. 622. A bill to amend title XIX of the So- S. 615. A bill to name the Department of S. Res. 86. A resolution to authorize testi- Veterans Affairs outpatient clinic in cial Security Act to provide families of dis- mony and legal representation in W. Curtis Horsham, Pennsylvania, as the ‘‘Victor J. abled children with the opportunity to pur- Shain v. Hunter Bates, et al; considered and Saracini Department of Veterans Affairs chase coverage under the medicaid program agreed to. Outpatient Clinic’’; to the Committee on for such children, and for other purposes; to By Mr. NELSON of Florida (for him- Veterans’ Affairs. the Committee on Finance. self, Mr. GRAHAM of Florida, Mr. By Ms. COLLINS (for herself, Mr. JEF- By Mr. WARNER (for himself and Ms. INHOFE, Mr. JEFFORDS, Mr. DASCHLE, FORDS, Mr. CHAFEE, Mr. KERRY, Mrs. COLLINS): Mr. CRAPO, Mr. KERRY, Ms. CANT- HUTCHISON, Mr. REED, Mr. LIEBER- S. 623. A bill to amend the Internal Rev- WELL, Mr. LIEBERMAN, Mr. BINGAMAN, MAN, Mr. VOINOVICH, Mr. DORGAN, and enue Code of 1986 to allow Federal civilian Mr. WARNER, Mrs. MURRAY, Mrs. Mr. LEAHY): and military retirees to pay health insurance S. 616. A bill to amend the Solid Waste Dis- HUTCHISON, Ms. MIKULSKI, Mr. SAR- premiums on a pretax basis and to allow a posal Act to reduce the quantity of mercury BANES, Mr. LAUTENBERG, Mr. CHAFEE, deduction for TRICARE supplemental pre- in the environment by limiting the use of Mr. DURBIN, Mr. LEAHY, Mr. LEVIN, miums; to the Committee on Finance. mercury fever thermometers and improving Mr. HARKIN, Mr. VOINOVICH, Mr. HOL- By Mr. BAUCUS (for himself and Mr. the collection and proper management of LINGS, Mrs. BOXER, Mrs. FEINSTEIN, LEVIN): mercury, and for other purposes; to the Com- Mr. AKAKA, Mr. CONRAD, Mr. ALLARD, mittee on Environment and Public Works. S. 624. A bill to authorize the extension of Mr. DODD, and Mr. EDWARDS): By Mr. LIEBERMAN (for himself, Mr. nondiscriminatory treatment (normal trade S. Res. 87. A resolution commemorating FEINGOLD, Mr. DASCHLE, Mr. DURBIN, relations treatment) to the products of the the Centennial Anniversary of the National Ms. MIKULSKI, Mr. SCHUMER, Mr. Russian Federation, and for other purposes; Wildlife Refuge System; considered and KENNEDY, Mr. DODD, Ms. LANDRIEU, to the Committee on Finance. agreed to. and Mr. KERRY): By Mr. SMITH (for himself and Mr. By Mr. HATCH: S. 617. A bill to provide for full voting rep- WYDEN): S. Res. 88. A resolution honoring the 80th resentation in Congress for the citizens of S. 625. A bill to authorize the Bureau of birthday of James L. Buckley, former United the District of Columbia, and for other pur- Reclamation to conduct certain feasibility States Senator for the state of New York; poses; to the Committee on Governmental studies in the Tualatin River Basin in Or- considered and agreed to. Affairs. egon, and for other purposes; to the Com- By Mr. DAYTON (for himself and Mr. By Mr. REID (for himself and Mr. EN- mittee on Energy and Natural Resources. COLEMAN): SIGN): By Mr. SANTORUM (for himself and S. Res. 89. A resolution honoring the life of S. 618. A bill to provide for the use and dis- Mr. MILLER): former Governor of Minnesota Orville L. tribution of the funds awarded to the West- Freeman, and expressing the deepest condo- ern Shoshone identifiable group under Indian S. 626. A bill to reduce the amount of pa- perwork for special education teachers, to lences of the Senate to his family on his Claims Commission Docket Numbers 326–A– death; considered and agreed to. 1, 326–A–3, 326–K, and for other purposes; to make mediation mandatory for all legal dis- putes related to individualized education By Mr. LOTT (for himself and Mr. the Committee on Indian Affairs. ODD): programs, and for other purposes; to the D By Mr. SCHUMER (for himself and S. Con. Res. 20. A concurrent resolution Mrs. CLINTON): Committee on Health, Education, Labor, and Pensions. permitting the Chairman of the Committee S. 619. A bill to provide for the transfer to on Rules and Administration of the Senate the Secretary of Energy of title to, and full By Mr. KYL (for himself, Mr. SHELBY, to designate another member of the Com- responsibility for the possession, transpor- and Mrs. FEINSTEIN): mittee to serve on the Joint Committee on tation, and disposal of, radioactive waste as- S. 627. A bill to prevent the use of certain Printing in place of the Chairman; consid- sociated with the West Valley Demonstra- payments instruments, credit cards, and ered and agreed to. tion project, and for other purposes; to the fund transfers for unlawful Internet gam- By Mr. BUNNING (for himself and Mrs. Committee on Energy and Natural Re- bling, and for other purposes; to the Com- LINCOLN): sources. mittee on Banking, Housing, and Urban Af- S. Con. Res. 21. A concurrent resolution ex- By Mr. EDWARDS (for himself, Mr. fairs. pressing the sense of the Congress that com- LAUTENBERG, and Mr. LEVIN): By Mr. STEVENS (for himself, Ms. MI- munity inclusion and enhanced lives for in- S. 620. A bill to amend title VII of the KULSKI, Mr. BOND, and Ms. MUR- dividuals with mental retardation or other Higher Education Act of 1965 to provide for KOWSKI): fire sprinkler systems, or other fire suppres- developmental disabilities is at serious risk S. 628. A bill to require the construction at sion or prevention technologies, in public because of the crisis in recruiting and retain- Arlington National Cemetery of a memorial and private college and university housing ing direct support professionals, which im- and dormitories, including fraternity and so- to the crew of the Columbia Orbiter; ordered pedes the availability of a stable, quality di- rority housing and dormitories; to the Com- held at the desk. rect support workforce; to the Committee on mittee on Health, Education, Labor, and By Mr. FEINGOLD: Health, Education, Labor, and Pensions. Pensions. S.J. Res. 9. A joint resolution requiring the By Mr. NICKLES (for himself, Mr. By Mr. BINGAMAN (for himself, Mr. President to report to Congress specific in- BAYH, Mr. BUNNING, Mr. FITZGERALD, JEFFORDS, Mrs. MURRAY, Mr. LEAHY, formation relating to certain possible con- Mr. HAGEL, Mr. INHOFE, Mr. KYL, Mr. and Ms. CANTWELL): sequences of the use of United States Armed LUGAR, Mr. REED, and Mr. ROBERTS): S. 621. A bill to amend title XXI of the So- Forces against Iraq; to the Committee on S. Con. Res. 22. A concurrent resolution ex- cial Security Act to allow qualifying States Foreign Relations. pressing the sense of the Congress regarding

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3731 housing affordability and urging fair and ex- amend the Family and Medical Leave year extension of the credit for pro- peditious review by international trade tri- Act of 1993 to expand the scope of the ducing electricity from wind. bunals to ensure a competitive North Amer- Act, and for other purposes. S. 457 ican market for softwood lumber; to the Committee on Finance. S. 319 At the request of Mr. LEAHY, the At the request of Ms. MIKULSKI, the name of the Senator from Arkansas f name of the Senator from South Da- (Mrs. LINCOLN) was added as a cospon- REPORTS OF COMMITTEES kota (Mr. JOHNSON) was added as a co- sor of S. 457, a bill to remove the limi- The following reports of committees sponsor of S. 319, a bill to amend chap- tation on the use of funds to require a were submitted: ter 89 of title 5, United States Code, to farm to feed livestock with organically By Mr. LUGAR, from the Committee on increase the Government contribution produced feed to be certified as an or- Foreign Relations: for Federal employee health insurance. ganic farm. Special Report entitled ‘‘Legislative Ac- S. 320 S. 461 tivities Report, 107th Congress’’ (Rept. No. At the request of Mr. GREGG, the At the request of Mr. DORGAN, the 108–19). name of the Senator from Utah (Mr. name of the Senator from New York f HATCH) was added as a cosponsor of S. (Mr. SCHUMER) was added as a cospon- 320, a bill to amend the Family and ADDITIONAL COSPONSORS sor of S. 461, a bill to establish a pro- Medical Leave Act of 1993 to clarify the gram to promote hydrogen fuel cells, S. 13 Act, and for other purposes. and for other purposes. At the request of Mr. KYL, the name S. 321 S. 464 of the Senator from Missouri (Mr. TAL- At the request of Mr. MCCAIN, the At the request of Mr. REID, the name ENT) was added as a cosponsor of S. 13, name of the Senator from Delaware of the Senator from Nebraska (Mr. a bill to provide financial security to (Mr. CARPER) was added as a cosponsor HAGEL) was added as a cosponsor of S. family farm and small business owners of S. 321, a bill to provide for the estab- 464, a bill to amend the Internal Rev- by ending the unfair practice of taxing lishment of a scientific basis for new enue Code of 1986 to modify and expand someone at death. firefighting technology standards, im- the credit for electricity produced from S. 68 prove coordination among Federal, renewable resources and waste prod- At the request of Mr. INOUYE, the State, and local fire officials in train- ucts, and for other purposes. name of the Senator from Georgia (Mr. ing for and responding to terrorist at- S. 470 MILLER) was added as a cosponsor of S. tacks and other national emergencies, At the request of Mr. SARBANES, the 68, a bill to amend title 38, United and for other purposes. names of the Senator from Indiana States Code, to improve benefits for S. 333 (Mr. BAYH) and the Senator from Filipino veterans of World War II, and At the request of Mr. BREAUX, the Michigan (Mr. LEVIN) were added as co- for other purposes. name of the Senator from Illinois (Mr. sponsors of S. 470, a bill to extend the S. 189 DURBIN) was added as a cosponsor of S. authority for the construction of a me- At the request of Mr. WYDEN, the 333, a bill to promote elder justice, and morial to Martin Luther King, Jr. name of the Senator from Texas (Mrs. for other purposes. S. 499 HUTCHISON) was added as a cosponsor of S. 338 At the request of Ms. LANDRIEU, the S. 189, a bill to authorize appropria- At the request of Mr. LAUTENBERG, name of the Senator from Michigan tions for nanoscience, nanoengineering, the names of the Senator from North (Mr. LEVIN) was added as a cosponsor of and nanotechnology research, and for Dakota (Mr. DORGAN) and the Senator S. 499, a bill to authorize the American other purposes. from South Dakota (Mr. DASCHLE) were Battle Monuments Commission to es- S. 204 added as cosponsors of S. 338, a bill to tablish in the State of Louisiana a me- At the request of Mr. BINGAMAN, the protect the flying public’s safety and morial to honor the Buffalo Soldiers. name of the Senator from South Da- security by requiring that the air traf- S. 532 kota (Mr. DASCHLE) was added as a co- fic control system remain a Govern- At the request of Mrs. HUTCHISON, the sponsor of S. 204, a bill to amend title ment function. name of the Senator from California XIX of the Social Security Act to in- S. 349 (Mrs. FEINSTEIN) was added as a co- crease the floor for treatment as an ex- At the request of Mrs. FEINSTEIN, the sponsor of S. 532, a bill to enhance the tremely low DSH State to 3 percent in name of the Senator from Nevada (Mr. capacity of organizations working in fiscal year 2003. REID) was added as a cosponsor of S. the United States-Mexico border region S. 262 349, a bill to amend title II of the So- to develop affordable housing and in- At the request of Mr. BINGAMAN, the cial Security Act to repeal the Govern- frastructure and to foster economic op- names of the Senator from Michigan ment pension offset and windfall elimi- portunity in the colonias. (Mr. LEVIN) and the Senator from Lou- nation provisions. S. 564 isiana (Ms. LANDRIEU) were added as S. 355 At the request of Ms. LANDRIEU, the cosponsors of S. 262, a bill to amend the At the request of Mrs. LINCOLN, the name of the Senator from Nevada (Mr. temporary assistance to needy families name of the Senator from Arkansas REID) was added as a cosponsor of S. program under part A of title IV of the (Mr. PRYOR) was added as a cosponsor 564, a bill to facilitate the deployment Social Security Act to improve the of S. 355, a bill to amend the Internal of wireless telecommunications net- provision of education and job training Revenue Code of 1986 to allow a credit works in order to further the avail- under that program, and for other pur- for biodiesel fuel. ability of the Emergency Alert System, poses. S. 377 and for other purposes. S. 269 At the request of Ms. LANDRIEU, the S. 582 At the request of Mr. JEFFORDS, the name of the Senator from Michigan At the request of Mr. BUNNING, the name of the Senator from Connecticut (Mr. LEVIN) was added as a cosponsor of names of the Senator from Montana (Mr. LIEBERMAN) was added as a co- S. 377, a bill to require the Secretary of (Mr. BURNS) and the Senator from Ken- sponsor of S. 269, a bill to amend the the Treasury to mint coins in com- tucky (Mr. MCCONNELL) were added as Lacey Act Amendments of 1981 to fur- memoration of the contributions of Dr. cosponsors of S. 582, a bill to authorize ther the conservation of certain wild- Martin Luther King, Jr., to the United the Department of Energy to develop life species. States. and implement an accelerated research S. 304 S. 395 and development program for advanced At the request of Mr. DODD, the At the request of Mr. GRASSLEY, the clean coal technologies for use in coal- names of the Senator from South Da- name of the Senator from Minnesota based electricity generating facilities kota (Mr. DASCHLE) and the Senator (Mr. DAYTON) was added as a cosponsor and to amend the Internal Revenue from New Mexico (Mr. BINGAMAN) were of S. 395, a bill to amend the Internal Code of 1986 to provide financial incen- added as cosponsors of S. 304, a bill to Revenue Code of 1986 to provide a 3- tives to encourage the retrofitting,

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3732 CONGRESSIONAL RECORD — SENATE March 13, 2003 repowering, or replacement of coal- S. RES. 62 are taxed at the 28 percent maximum based electricity generating facilities At the request of Mr. ENSIGN, the rate. The Taxpayer Relief Act allowed to protect the environment and im- name of the Senator from Minnesota precious metal bullion coins held in prove efficiency and encourage the (Mr. COLEMAN) was added as a cospon- IRA accounts to be taxed at the same early commercial application of ad- sor of S. Res. 62, a resolution calling rate as stocks and other capital assets. vanced clean coal technologies, so as to upon the Organization of American The bill I introduce today would treat allow coal to help meet the growing States (OAS) Inter-American Commis- all precious metal investments with need of the United States for the gen- sion on Human Rights, the United Na- the same tax equity. eration of reliable and affordable elec- tions High Commissioner for Human I ask unanimous consent that the tricity. Rights, the European Union, and text of the bill be printed in the S. CON. RES. 6 human rights activists throughout the RECORD. At the request of Ms. LANDRIEU, the world to take certain actions in regard There being no objection, the bill was names of the Senator from Michigan to the human rights situation in Cuba. ordered to be printed in the RECORD, as (Mr. LEVIN), the Senator from Arkan- f follows: sas (Mrs. LINCOLN), the Senator from STATEMENTS ON INTRODUCED S. 611 Louisiana (Mr. BREAUX), the Senator BILLS AND JOINT RESOLUTIONS Be it enacted by the Senate and House of Rep- from Florida (Mr. NELSON), the Senator resentatives of the United States of America in from Vermont (Mr. LEAHY), the Sen- By Mr. REID (for himself, Mr. Congress assembled, NSIGN LLARD IL ator from Connecticut (Mr. DODD), the E , Mr. A , Mr. M - SECTION 1. SHORT TITLE. LER RAPO Senator from Indiana (Mr. BAYH), the , and Mr. C ): This Act may be cited as the ‘‘Fair Treat- S. 611. A bill to amend the Internal ment for Precious Metals Investors Act’’. Senator from Hawaii (Mr. INOUYE), the Revenue Code of 1986 to treat gold, sil- SEC. 2. GOLD, SILVER, AND PLATINUM TREATED Senator from Maryland (Ms. MIKUL- ver, and platinum, in either coin or bar IN THE SAME MANNER AS STOCKS SKI), the Senator from New Mexico (Mr. form, in the same manner as stocks AND BONDS FOR MAXIMUM CAPITAL BINGAMAN), the Senator from Massa- GAINS RATE FOR INDIVIDUALS. and bonds for purposes of the max- chusetts (Mr. KERRY), the Senator from (a) IN GENERAL.—Subparagraph (A) of sec- imum capital gains rate for individ- Arizona (Mr. MCCAIN), the Senator tion 1(h)(6) of the Internal Revenue Code of uals; to the Committee on Finance. from Georgia (Mr. CHAMBLISS), the Sen- 1986 (relating to definition of collectibles Mr. REID. Mr. President, last Con- gain and loss) is amended by striking ‘‘with- ator from Pennsylvania (Mr. SPECTER) gress, I introduced the Fair Treatment out regard to paragraph (3) thereof’’ and in- and the Senator from Vermont (Mr. for Precious Metals Investors Act to serting ‘‘without regard to so much of para- JEFFORDS) were added as cosponsors of correct a flawed capital gains tax defi- graph (3) thereof as relates to palladium and S. Con. Res. 6 , A concurrent resolution nition, which includes precious metals the bullion requirement for physical posses- expressing the sense of Congress that a sion by a trustee’’. investments as ‘‘collectibles.’’ This commemorative postage stamp should (b) EFFECTIVE DATE.—The amendment simple flaw in the tax code has discour- be issued in honor of Daniel ‘‘Chappie’’ made by subsection (a) shall apply to taxable aged investments in gold and other pre- James, the Nation’s first African- years beginning after December 31, 2002. cious metals for nearly fifteen years. I American four-star general. rise today to reintroduce the Fair By Mr. BENNETT: S. CON. RES. 7 Treatment for Precious Metals Inves- S. 612. A bill to revise the boundary At the request of Mr. CAMPBELL, the tors Act to correct this problem. of the Glen Canyon National Recre- names of the Senator from Alaska (Mr. My State, Nevada, is the third larg- ation Area in the States of Utah and STEVENS), the Senator from Georgia est producer of gold in the world be- Arizona; to the Committee on Energy (Mr. CHAMBLISS), the Senator from Illi- hind Australia and South Africa. and Natural Resources. nois (Mr. DURBIN), the Senator from Largely because of Nevada’s exports, Mr. BENNETT. Mr. President, I rise Louisiana (Ms. LANDRIEU), the Senator America enjoys a good trade surplus of today to introduce the ‘‘Glen Canyon from Delaware (Mr. BIDEN), the Sen- more than $1 billion. U.S. gold is pur- National Recreation Area Boundary ator from Minnesota (Mr. COLEMAN), chased around the world in financial Revision Act.’’ the Senator from Georgia (Mr. MIL- markets from London to Zurich to This legislation will revise the total LER), the Senator from Rhode Island Hong Kong. acreage within the National Recreation (Mr. CHAFEE), the Senator from Mis- Historically, precious metals invest- Area’s, NRA, boundary to reflect the souri (Mr. BOND), the Senator from ments derived their value from their actual acreage within the NRA, and it Pennsylvania (Mr. SPECTER), the Sen- rarity. Today, however, precious met- will also do much to protect the scenic ator from New Jersey (Mr. LAUTEN- als coins and bars are specifically de- view of Lake Powell as seen by those BERG), the Senator from Kansas (Mr. signed and produced by governments to traveling along U.S. Highway Route 89. BROWNBACK), the Senator from Okla- be used as an investment vehicle for As enacted into law, the enabling leg- homa (Mr. NICKLES), the Senator from those commodities similar to stocks islation for the Glen Canyon National Michigan (Mr. LEVIN), the Senator and bonds. My legislation will correct Recreation Area, inaccurately re- from Wisconsin (Mr. FEINGOLD), the the outdated tax classification of pre- flected the acreage within the NRA Senator from Illinois (Mr. FITZGERALD) cious metal bullion and apply to pre- boundary. This legislation would cor- and the Senator from Connecticut (Mr. cious metals holdings the same capital rect the acreage ceiling by estimating LIEBERMAN) were added as cosponsors gains tax treatment as stocks, bonds, the acreage within the NRA to be of S. Con. Res. 7, A concurrent resolu- and mutual funds. 1,256,000 instead of 1,236,880. tion expressing the sense of Congress In 1997 and 1998, The Taxpayer Relief Secondly, this bill would authorize that the sharp escalation of anti-Se- Act and the Internal Revenue Service the Secretary of the Interior, to ex- mitic violence within many partici- Restructuring and Reform Act set two change 320 NRA acres for 152 acres of pating States of the Organization for basic types of capital gains tax rates: privately owned land in Kane County, Security and Cooperation in Europe short-term capital gains, which are UT. Currently, Page One L.L.C. owns (OSCE) is of profound concern and ef- taxed at between 15 and 39.6 percent, 152 acres between U.S. Highway 89 and forts should be undertaken to prevent and long-term capital gains which are the southwestern shore of Lake Powell. future occurrences. taxed at a maximum rate of 20 percent. This private land provides a breath- S. CON. RES. 14 Long-term capital gains attributable taking view of Lake Powell from High- At the request of Mr. SMITH, the to investments defined as ‘‘collect- way 89, which is the main viewshed name of the Senator from Minnesota ibles’’, (vintage wines, rare coins, and corridor between the highway and the (Mr. COLEMAN) was added as a cospon- the like), however, are taxed at a max- lake. This land also encompasses three sor of S. Con. Res. 14, a concurrent res- imum rate of 28 percent. Although pre- highway access rights-of-way and a de- olution expressing the sense of Con- cious metal bullion coins are intended veloped culinary water well. In an ef- gress regarding the education cur- to be used as investments in the pre- fort to protect this viewshed and better riculum in the Kingdom of Saudi Ara- cious metals they contain, they are manage its boundaries along its most bia. still classified as ‘‘collectibles’’, and visited entrance, the National Park

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3733 Service, NPS, has been negotiating near downtown Denver to the Affairs and capital leasing is selected under with Page One to exchange 370 acres of Fitzsimons site, a decommissioned subsection (b) and no more than $30,000,000 NRA lands for these 152 acres. The ap- Army base. The UCHSC and the per year in capital leasing costs if a leasing option is selected as the sole option under proximate value of the NRA lands is DVAMC have long operated on adja- subsection (b). $480,000 whereas the private land’s ap- cent campuses and have shared faculty, (b) SELECTION OF CAPITAL OPTION.—The praised value is $856,000. Page One has medical residents, and access to equip- Secretary of Veterans shall select the cap- agreed to donate the balance of ap- ment. A DVAMC move to the new loca- ital option to carry out the authority pro- praised value to the NPS. tion in conjunction with the DOD vided in subsection (a) of either— By authorizing this land exchange, would allow such cost-effective co- (1) direct construction by the Department this bill will allow the NPS to preserve operation to continue, for the benefit of Veterans Affairs or a combination of di- and better manage the corridor be- rect construction and capital leasing; or of our veterans, active duty Air Force (2) capital leasing alone. tween the park and Highway 89, which members and all taxpayers. (c) AUTHORIZATION OF APPROPRIATIONS.— affords such a scenic view of Lake Pow- The need to move is pressing. A re- There is authorized to be appropriated to the ell. This boundary change would not cent VA study concludes that the Colo- Secretary of Veterans Affairs for fiscal years add any facilities, increase operating rado State veterans’ population will 2004, 2005, 2006, and 2007 for ‘‘Construction, costs, or require additional staff and as experience one of the highest percent Major Projects’’ for the purposes authorized such, it will not add to the NPS main- increases nationally in veterans age 65 in subsection (a)— (1) a total of $300,000,000, if direct construc- tenance backlog. and over between 1990 and 2020. The tion, or a combination of direct construction Because of the common interest in present VA hospital was built in the and capital leasing, is chosen pursuant to preserving this scenic corridor from de- 1950’s. While still able to provide serv- subsection (b) for purposes of the projects velopment, this legislation has gar- ice, the core facilities are approaching authorized in subsection (a); and nered the support of the administra- the end of their useful lives and many (2) $30,000,000 for each such fiscal year, if tion, the Kane County Planning and of the patient care units have fallen capital leasing alone is chosen pursuant to Zoning Commission, the National horribly out of date. Studies indicate subsection (b) for purposes of the projects Parks Conservation Association, and that co-location with the University on authorized in subsection (a). (d) LIMITATION.—The projects authorized in the Southern Utah Planning Advisory a state-of-the-art medical campus subsection (a) may only be carried out Council. In light of the benefits pro- would be a cost effective way to give using— vided by and community support for veterans and active duty Air Force (1) funds appropriated for fiscal year 2004, this proposal, I look forward to work- members in the region the highest 2005, 2006, or 2007 pursuant to the authoriza- ing with my Senate colleagues and the quality of care. The move would also tion of appropriations in subsection (a); administration to pass this legislation provide a tremendous opportunity to (2) funds appropriated for Construction, this year. showcase a nationwide model of co- Major Projects, for a fiscal year before fiscal year 2004 that remain available for obliga- operation between the University, the By Mr. CAMPBELL (for himself tion; and Department of Veterans Affairs, VA, (3) funds appropriated for Construction, and Mr. ALLARD): and the Department of Defense. Major Projects, for fiscal year 2004, 2005, 2006, S. 613. A bill to authorize the Sec- The VA needs to move quickly. As- or 2007 for a category of activity not specific retary of Veterans Affairs to construct, sisting our veterans with their medical to a project. lease, or modify major medical facili- needs is a promise we, as a country, (e) REPORT TO CONGRESSIONAL COMMIT- ties at the site of the former made long ago. TEES.—Not later than 120 days after the date Fitzsimons Army Medical Center, Au- The savings we can realize by approv- of the enactment of this Act, the Secretary rora, Colorado; to the Committee on shall submit to the Committees on Appro- ing the timely transfer of our veterans’ priations and the Committees on Veterans’ Veterans’ Affairs. medical treatment facilities in the Mr. CAMPBELL. Mr. President, Affairs of the Senate and House of Rep- Denver region compels me to urge my resentatives a report on this section. The re- today I am introducing a bill to facili- colleagues to act quickly on this bill. port shall include notice of the option se- tate the move of the Denver Veterans We must not miss out on this oppor- lected by the Secretary pursuant to sub- Affairs Medical Center, DVAMC, from tunity to serve America’s veterans and section (b) to carry out the authority pro- its present site in Denver to the former their families by ensuring that they re- vided by subsection (a), information on any Fitzsimons Army Medical Center in ceive the excellent medical care they further planning required to carry out the authority provided in subsection (a), and Aurora, Colorado. I am pleased to be deserve. joined in this effort by my friend and other information of assistance to the com- I ask unanimous consent that the mittees with respect to such authority. colleague Senator ALLARD as an origi- text of the bill be printed in the SEC. 3. JOINT ACTIVITIES TO ADDRESS HEALTH nal co-sponsor. RECORD. CARE NEEDS OF VETERANS AND The bill would authorize the Sec- There being no objection, the bill was MEMBERS OF THE AIR FORCE. retary of Veterans Affairs to construct, ordered to be printed in the RECORD, as The Secretary of Veterans Affairs and the lease or modify major medical facili- follows: Secretary of the Air Force shall undertake such joint activities as the Secretaries con- ties at the site of the former S. 613 Fitzsimons Army Medical Center. It in- sider appropriate to address the health care Be it enacted by the Senate and House of Rep- structs the Secretary to work with the needs of veterans and members of the Air resentatives of the United States of America in Force on active duty. Department of Defense in planning a Congress assembled, joint Federal project that would serve SECTION 1. SHORT TITLE. By Ms. COLLINS (for herself, Mr. the health care needs of active duty This Act may be cited as the ‘‘Veterans’ JEFFORDS, Mr. CHAFEE, Mr. Air Force and the VA. It would also re- New Fitzsimons Health Care Facilities Act KERRY, Mrs. HUTCHISON, Mr. quire the Secretary to submit a report of 2003’’. REED, Mr. LIEBERMAN, Mr. to the Committees on Appropriations SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FA- VOINOVICH, Mr. DORGAN, and and the Committees on Veterans Af- CILITY PROJECTS, FORMER Mr. LEAHY): FITZSIMONS ARMY MEDICAL CEN- fairs of the Senate and the House of TER, AURORA, COLORADO. S. 616. A bill to amend the Solid Representatives. This report would de- (a) AUTHORIZATION.—The Secretary of Vet- Waste Disposal Act to reduce the quan- tail the options selected by the Sec- erans Affairs may carry out major medical tity of mercury in the environment by retary and any information on further facility projects under section 8104 of title 38, limiting the use of mercury fever ther- planning needed to carry out the move. United States Code, at the site of the former mometers and improving the collection The relocation of the DVAMC to the Fitzsimons Army Medical Center, Aurora, and proper management of mercury, former Fitzsimons site offers a unique Colorado. Projects to be carried out at such and for other purposes; to the Com- opportunity to provide the highest site shall be selected by the Secretary and mittee on Environment and Public quality medical care for our veterans may include inpatient and outpatient facili- ties providing acute, sub-acute, primary, and Works. and certain members of our military. long-term care services. Project costs shall Ms. COLLINS. Mr. President, I rise The University of Colorado Health be limited to an amount not to exceed a today to introduce the Mercury Reduc- Sciences Center, UCHSC, is moving its total of $300,000,000 if a combination of direct tion Act of 2003. I am pleased that my facilities from its overcrowded location construction by the Department of Veterans colleagues, Senators JEFFORDS,

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3734 CONGRESSIONAL RECORD — SENATE March 13, 2003 CHAFEE, KERRY, HUTCHISON, REED, LIE- are actually removing surplus mercury the mercury thermometer. Perhaps BERMAN, VOINOVICH, DORGAN, and from the environment and from com- even more important, this legislation LEAHY have joined me in this initia- merce, rather than simply recycling it. would, for the first time ever, establish tive. Our legislation addresses the very It obviously does little good to collect a national policy, which is what we serious problems of mercury in the en- all this mercury from thermometer ex- need to deal with surplus mercury in vironment and mercury disposal. It change programs if it is going to be re- order to protect our environment in takes special aim at one of the most cycled into new products and put back the long term, as well as our health, common and widely distributed sources into commerce and eventually into our and particularly the health of devel- of mercury mercury fever thermom- environment. This bill directs the EPA oping children, from this highly toxic eters while also for the first time cre- to ensure that the mercury is properly element. ating a nationwide policy for dealing collected and stored in order to keep it I hope many more of my colleagues with surplus mercury. out of the environment and out of com- will join me in cosponsoring this legis- Mercury is a potent neurotoxin that merce. Once the mercury is collected, lation and that it will be signed into is widespread in the environment and my intention is it will never again be law this year. particularly harmful to developing able to pose a threat to the health of children. In fact, according to a draft our children. By Mr. LIEBERMAN (for himself, report recently released by the EPA, The mercury collected from ther- Mr. FEINGOLD, Mr. DASCHLE, approximately 5 million American mometer exchange programs is only Mr. DURBIN, Ms. MIKULSKI, Mr. women of childbearing age have mer- part of the problem. There is a bigger SCHUMER, Mr. KENNEDY, Mr. cury levels in their bloodstream above problem, and that is the global circula- DODD, Ms. LANDRIEU, and Mr. safe levels. Tragically, the children of tion of mercury. Let me give an exam- KERRY): these women will have an elevated risk ple. When the HoltraChem manufac- S. 617. A bill to provide for full voting of birth defects. turing plant in Orrington, ME, shut representation in Congress for the citi- When mercury enters the environ- down a few years ago, the plant was zens of the District of Columbia, and ment, it takes on a highly toxic or- left with over 100 tons of unwanted for other purposes; to the Committee ganic form known as methylmercury. mercury and no known way to perma- on Governmental Affairs. Methylmercury is almost completely nently and safely dispose of it. In total, Mr. LIEBERMAN. Mr. President, I absorbed into the blood and distributed about 3,000 tons of mercury is held at rise today to introduce the No Tax- to all tissues including the brain. This similar plants across the country. ation Without Representation Act of organic mercury can accumulate in the Yet despite this surplus mercury, 2003 legislation that will right an ongo- food chain and become concentrated in large amounts of mercury are still ing injustice experienced by 600,000 some species of fish, posing a health being mined around the world. In addi- American citizens—the citizens of the threat to some people who consume tion, the Department of Defense cur- District of Columbia—who have his- them. For this reason, 40 States have rently has a stockpile of over 4,000 tons torically been denied voting represen- issued freshwater fish advisories that of surplus mercury it does not know tation in Congress. warn certain individuals to restrict or what to do with and for which it does This injustice is felt directly by Dis- avoid consuming fish from affected not have any use. trict residents, but it is also a stain on bodies of water. In view of these facts, why are Alge- the fabric of our democracy for the Na- One prevalent source of mercury in ria and other countries still mining tion as a whole. By now, we should all the environment is from mercury fever huge amounts of an element that is a understand that the vote is a civic en- thermometers. Many of us know from known neurotoxin, when the United titlement of every American citizen. It personal experience that they are eas- States and other countries are doing is democracy’s most essential right, ily broken. In fact, in 1998 the Amer- their best to remove this extremely our most useful tool. ican Poison Control Center received toxic element from the environment? I am proud to be the chief Senate 18,000 phone calls from consumers who How will the United States dispose of sponsor of this bill, which Congress- had broken mercury thermometers. the huge amounts of mercury at chlor- woman NORTON is also today intro- One mercury thermometer contains a alkali plants and other sources that no ducing in the House. I am delighted little under one gram of mercury. De- longer are understood? that Senator FEINGOLD, who has spite its small size, the mercury in one Our bill would create an interchange worked with me for two years on this thermometer, if it were released annu- task force to address these very ques- legislation, is joining me again as an ally into the environment, is enough to tions. The task force would be chaired original sponsor, as are Senators contaminate all the fish in a 20-acre by the Administrator of the Environ- DASCHLE, DURBIN, MIKULSKI, SCHUMER, lake. mental Protection Agency and would KENNEDY, DODD, LANDRIEU and KERRY. The bill we are introducing today be comprised of members from other The aim of the legislation is simple: It calls for a nationwide ban on the sale Federal agencies involved with mer- would provide full voting representa- of mercury fever thermometers. It cury. Our legislation directs this task tion in Congress—through two senators would also provide grants for swap pro- force to find ways to reduce the mer- and a member of the House—to citizens grams to help consumers exchange cury threat to humans and to our envi- of the District, providing to them the mercury thermometers for digital or ronment, to identify long-term means same rights to participate in our de- other alternatives. of disposing of mercury safely and mocracy as citizens in the 50 States. Our legislation would allow millions properly, and to address the excess Despite this bill’s title, it would not of consumers across the Nation to re- mercury problems from mines as well exempt residents of the District from ceive free digital thermometers in ex- as industrial sources. This task force paying income taxes. change for their mercury thermom- would also be directed to identify com- Last year, the Governmental Affairs eters. By bringing mercury thermom- prehensive solutions to the global mer- Committee, which I then chaired, held eters in for proper disposal, consumers cury problem. One year from the cre- a hearing on this issue in May. It was will ensure the mercury from their ation of this task force, it would be re- the first time since 1994 that Congress thermometers does not end up pol- quired to submit its recommendations had held a hearing on the issue. Five luting our lakes and threatening our to the Congress for permanently dis- months later, in October, the Com- health. It will also reduce the risk of posing of mercury and for reducing the mittee reported out legislation iden- breakage and contamination inside the amount of new mercury mined every tical to the bill we introduce today. I home. year. am proud that we progressed as far as An important component of our bill In the meantime, this legislation we did last year. Unfortunately it was is the safe disposal of the mercury col- would make significant progress to- not far enough. lected from thermometer exchange ward reducing one of the most wide- Today, I think it is particularly iron- programs, which are increasingly pop- spread sources of mercury contamina- ic—though painfully so—that we are ular in communities throughout our tion in the environment, a source that introducing this legislation as the Na- country. I want to make sure that we is found in many of our homes; that is, tion stands on the brink of a decision

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3735 about war with Iraq to protect our na- Incredibly, the vast majority of Treasury. The Western Shoshone have tional security. If war does come, citi- Americans already believe that D.C. not received a single penny of this zens of Washington D.C. will serve residents have voting representation in money which is rightfully theirs. In their fellow Americans with pride, as the Congress. When they are informed those twenty-four years, the original they have in every previous war. In that they don’t, 80 percent of Ameri- trust fund has grown to well over $121 fact, the District suffered more casual- cans, according to one poll, say that million dollars. It is the past time that ties in Vietnam than the citizens of 10 they should. That is overwhelming sup- this money should be delivered into the states. Furthermore, over 1,000 Army port and by righting this wrong, we hands of its owners. The Western Sho- and Air National Guardsmen and will be following the will of the Amer- shone Steering Committee has offi- women from the District have already ican people. cially requested that Congress enact been called upon to help in the war on The people of the District of Colum- legislation to affect this distribution. terrorism. Yet—to our shame—D.C. bia have been without this key right It has become increasingly apparent in citizens cannot choose representatives for far too long. I urge all of my col- recent years that the vast majority of to the legislature that governs them. leagues to support this legislation. those who qualify to receive these There is something wrong with this funds support an immediate distribu- By Mr. REID (for himself and Mr. picture. tion of their money. The people of this city have also been ENSIGN): This Act will provide payments to el- S. 618. A bill to provide for the use the direct target of terrorists, and yet igible Western Shoshone tribal mem- and distribution of the funds awarded citizens of the District have no one bers and ensure that future generations to the Western Shoshone identifiable who can cast a vote in Congress on of Western Shoshone will be able to group under Indian Claims Commission policies to protect their homeland se- enjoy the benefit of the distribution in Docket Numbers 326–A–1, 326–A–3, 326– perpetuity. Through the establishment curity. Citizens of Washington, D.C., K, and for other purposes; to the Com- pay income taxes just like everyone of a tribally controlled grant trust mittee on Indian Affairs. fund, individual members of the West- else. Actually, they pay more. Per cap- Mr. REID. Mr. President, I rise today ita, District residents have the second ern Shoshone will be able to apply for for myself and Senator ENSIGN to re- money for education and other needs highest Federal tax obligation. And yet introduce the Western Shoshone they have no say in how high those within limits set by a self-appointed Claims Distribution Act. Last year the committee of tribal members. I will taxes will be or how their tax dollars Senate unanimously passed this bill, continue my ongoing work with the will be spent. which will at last release funds the They fight and die and pay for our members of the Western Shoshone and United States has held in trust for the the Department of Interior to help re- democracy, but they cannot partici- Western Shoshone people for over 24 pate fully in it. How can we coun- solve any current land issues. years. Unfortunately the House was un- It is clear that the Western Shoshone tenance this? How can we promote de- able to complete its consideration of want the funds from their claim dis- mocracy abroad effectively while deny- the bill before the last Congress ad- tributed without further delay. They ing it to hundreds of thousands of citi- journed. have already voted twice to firmly and zens in our Nation’s Capital? Historically, the Western Shoshone decisively voice their interests. Mem- The citizens who live in our Nation’s people have resided on land within the bers of the Western Shoshone gathered Capital deserve more than a nonvoting central portion of Nevada and parts of in Fallon and Elko, NV in May of 1998. delegate California, Idaho, and Utah. For more They cast a vote overwhelmingly in in the House. Notwithstanding the than a hundred years, the Western Sho- strong service of the Honorable Con- favor of distributing the funds. 1,230 shone have not received a fair com- supported the distribution in the state- gresswoman ELEANOR HOLMES NORTON pensation for the loss of their tribal wide vote; only 53 were opposed. Again and her ability to vote in committee, a land and resources. In 1946 the Indian on June 2002 they cast a vote over- representative without the power to Claims Commission was established to whelmingly in support of the distribu- vote on the floor of the House simply compensate Indians for lands and re- tion of the judgment funds at a rate of isn’t good enough. sources taken from them by the United Prior to the District’s establishment 100 percent per capita. 1,647 Western States. In 1962 the commission deter- Shoshone voted in favor of the dis- in 1790, residents of the area who were mined that the Western Shoshone land tribution of the funds; only 156 op- eligible to vote had full representation had been taken through ‘‘gradual en- posed. I rise today in support and rec- in Congress. When the framers of the croachment.’’ In 1977 the commission ognition of their decision. The final Constitution placed our Capital under awarded the tribe in excess of $26 mil- distribution of this fund has lingered the jurisdiction of the Congress, they lion dollars. The United States Su- for more than twenty years. During the placed with Congress the responsibility preme Court has upheld the commis- 107th Congress, the Indian Affairs Com- of ensuring that D.C. citizens’ rights sion’s award. It was not until 1979 that mittee approved and the full Senate would be protected in the future, just the United States appropriated over $26 unanimously passed this bill. It is clear as Congress should protect the rights million dollars to reimburse the de- that the best interests of the Tribe will of all citizens throughout the land. For scendents of these tribes for their loss. not be served by prolonging their wait. more than 200 years, Congress has The Western Shoshone are not a Twenty-four years has been more than failed to meet this obligation. And I, wealthy people. A third of the tribal long enough. I ask unanimous consent for one, am not prepared to make D.C. members are unemployed; for many of that the full text of the bill be printed citizens wait another 200 years. those who do have jobs, it is a struggle in the RECORD. Today, no other democratic nation to live from paycheck to the next. There being no objection, the bill was denies the residents of its capital rep- Wood stoves often provide the only ordered to be printed in the RECORD, as resentation in the national legislature. source of heat in their aging homes. follows: What must visitors from around the Like other American Indians, the S. 618 world think when they come to see our Western Shoshone continue to be dis- Be it enacted by the Senate and House of Rep- beautiful landmarks, our monuments, proportionately affected by poverty resentatives of the United States of America in and our Capitol dome—proud symbols and low educational attainment. The Congress assembled, of the world’s leading democracy—only high school completion rate for Indian SECTION 1. SHORT TITLE. to learn that the citizens of this city people between the ages of 20 and 24 is This Act may be cited as the ‘‘Western have no voice in Congress? What would dismally low. American Indians have a Shoshone Claims Distribution Act’’. we do if the residents of Boston, Nash- drop-out rate that is 12.5 percent high- SEC. 2. DEFINITIONS. ville, Denver, Seattle, or El Paso had er than the rest of the National. For In this Act: no voting rights? All those cities are (1) COMMITTEE.—The term ‘‘Committee’’ the Western Shoshone, the money con- means the administrative committee estab- roughly the same size as Washington, tained in the settlement funds could lished under section 4(c)(1). D.C.—and I know we as a Nation lead to drastic lifestyle improvements. (2) WESTERN SHOSHONE JOINT JUDGMENT wouldn’t let their citizens go voiceless After 24 years the judgment funds FUNDS.—The term ‘‘Western Shoshone joint in the Congress. still remain in the United States judgment funds’’ means—

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3736 CONGRESSIONAL RECORD — SENATE March 13, 2003 (A) the funds appropriated in satisfaction vidual who is 19 years or older on the date of known as the ‘‘Western Shoshone Edu- of the judgment awards granted to the West- distribution of the Western Shoshone judg- cational Trust Fund’’, consisting of— ern Shoshone Indians in Docket Numbers ment funds under paragraph (1) shall be paid (A) the Western Shoshone joint judgment 326–A–1 and 326–A–3 before the United States directly to the individual. funds; and Court of Claims; and (B) LIVING, LEGALLY INCOMPETENT INDIVID- (B) the funds added under in section 3(b)(4). (B) all interest earned on those funds. UALS.—The per capita share of a living, le- (2) AMOUNTS IN TRUST FUND.—With respect (3) WESTERN SHOSHONE JUDGMENT FUNDS.— gally incompetent individual shall be admin- to amounts in the Trust fund— The term ‘‘Western Shoshone judgment istered in accordance with regulations pro- (A) the principal amount— funds’’ means— mulgated and procedures established by the (i) shall not be expended or disbursed; and (A) the funds appropriated in satisfaction Secretary under section 3(b)(3) of the Indian (ii) shall be invested in accordance with of the judgment award granted to the West- Tribal Judgment Funds Use or Distribution section 1 of the Act of June 24, 1938 (25 U.S.C. ern Shoshone Indians in Docket Number 326– Act (25 U.S.C. 1403(b)(3)). 162a); and K before the Indian Claims Commission; and (C) DECEASED INDIVIDUALS.—The per capita (B) all interest income earned on the prin- (B) all interest earned on those funds. share of an individual who is deceased as of cipal amount after the date of establishment (4) JUDGMENT ROLL.—The term ‘‘judgment the date of distribution of the Western Sho- of the Trust fund— roll’’ means the Western Shoshone judgment shone judgment funds under paragraph (1) (i) shall be distributed by the Committee— roll established by the Secretary under sec- shall be paid to the heirs and legatees of the (I) to Western Shoshone members in ac- tion 3(b)(1). individual in accordance with regulations cordance with this Act, to be used as edu- (5) SECRETARY.—The term ‘‘Secretary’’ promulgated by the Secretary. cational grants or for other forms of edu- means the Secretary of the Interior. (D) INDIVIDUALS UNDER THE AGE OF 19.—The cational assistance determined appropriate (6) TRUST FUND.—The term ‘‘Trust Fund’’ per capita share of an individual who is not by the Committee; and means the Western Shoshone Educational yet 19 years of age on the date of distribu- (II) to pay the reasonable and necessary ex- Trust Fund established under section 4(b)(1). tion of the Western Shoshone judgment penses of the Committee (as defined in the (7) WESTERN SHOSHONE MEMBER.—The term funds under paragraph (1) shall be— written rules and procedures of the Com- ‘‘Western Shoshone member’’ means an indi- (i) held by the Secretary in a supervised in- mittee); but vidual who— dividual Indian money account; and (ii) shall not be distributed under this (A)(i) appears on the judgment roll; or (ii) distributed to the individual— paragraph on a per capita basis. (ii) is the lineal descendant of an indi- (I) after the individual has reached the age (c) ADMINISTRATIVE COMMITTEE.— vidual appearing on the roll; and of 18 years; and (1) ESTABLISHMENT.—There is established (B)(i) satisfies all eligibility criteria estab- (II) in 4 equal payments (including interest an administrative committee to oversee the lished by the Committee under section earned on the per capita share), to be made— distribution of educational grants and assist- 4(c)(4)(D)(iii); (aa) with respect to the first payment, on ance under subsection (b)(2). (ii) meets any application requirements es- the eighteenth birthday of the individual (or, (2) MEMBERSHIP.—The Committee shall be tablished by the Committee; and if the individual is already 18 years of age, as composed of 7 members, of which— (iii) agrees to use funds distributed in ac- soon as practicable after the date of estab- (A) 1 member shall represent the Western cordance with section 4(b)(2)(B) for edu- lishment of the Indian money account of the Shoshone Te-Moak Tribe and be appointed cational purposes approved by the Com- individual); and by that Tribe; mittee. (bb) with respect to the 3 remaining pay- (B) 1 member shall represent the SEC. 3. DISTRIBUTION OF WESTERN SHOSHONE ments, not later than 90 days after each of Duckwater Shoshone Tribe and be appointed JUDGMENT FUNDS. the 3 subsequent birthdays of the individual. by that Tribe; (a) IN GENERAL.—The Western Shoshone (3) APPLICABLE LAW.—Notwithstanding sec- (C) 1 member shall represent the Yomba judgment funds shall be distributed in ac- tion 7 of the Indian Tribal Judgment Funds Shoshone Tribe and be appointed by that cordance with this section. Use or Distribution Act (25 U.S.C. 1407), a per Tribe; (b) JUDGMENT ROLL.— capita share (or the availability of that (D) 1 member shall represent the Ely Sho- (1) IN GENERAL.—The Secretary shall estab- share) paid under this section shall not— shone Tribe and be appointed by that Tribe; lish a Western Shoshone judgment roll con- (A) be subject to Federal or State income (E) 1 member shall represent the Western sisting of all individuals who— taxation; Shoshone Committee of the Duck Valley (A) have at least 1⁄4 degree of Western Sho- (B) be considered to be income or resources Reservation and be appointed by that Com- shone blood; for any purpose; or mittee; (B) are citizens of the United States; and (C) be used as a basis for denying or reduc- (F) 1 member shall represent the Fallon (C) are living on the date of enactment of ing financial assistance or any other benefit Band of Western Shoshone and be appointed this Act. to which a household or Western Shoshone by that Band; and (2) INELIGIBLE INDIVIDUALS.—Any indi- member would otherwise be entitled to re- (G) 1 member shall represent the general vidual that is certified by the Secretary to ceive under— public and be appointed by the Secretary. be eligible to receive a per capita payment (i) the Social Security Act (42 U.S.C. 301 et (3) TERM.— from any other judgment fund awarded by seq.); or (A) IN GENERAL.—Each member of the Com- the Indian Claims Commission, the United (ii) any other Federal or federally-assisted mittee shall serve a term of 4 years. States Claims Court, or the United States program. (B) VACANCIES.—If a vacancy remains un- Court of Federal Claims, that was appro- (4) UNPAID FUNDS.—The Secretary shall add filled in the membership of the Committee priated on or before the date of enactment of to the Western Shoshone joint judgment for a period of more than 60 days— this Act, shall not be listed on the judgment funds held in the Trust Fund under section (i) the Committee shall appoint a tem- roll. 4(b)(1)— porary replacement from among qualified (3) REGULATIONS REGARDING JUDGMENT (A) all per capita shares (including interest members of the organization for which the ROLL.—The Secretary shall— earned on those shares) of living competent replacement is being made; and (A) publish in the Federal Register all reg- adults listed on the judgment roll that re- (ii) that member shall serve until such ulations governing the establishment of the main unpaid as of the date that is— time as the organization (or, in the case of a judgment roll; and (i) 6 years after the date of distribution of member described in paragraph (2)(G), the (B) use any documents acceptable to the the Western Shoshone judgment funds under Secretary) designates a permanent replace- Secretary in establishing proof of eligibility paragraph (1); or ment. of an individual to— (ii) in the case of an individual described in (4) DUTIES.—The Committee shall— (i) be listed on the judgment roll; and paragraph (2)(D), 6 years after the date on (A) distribute interest funds from the (ii) receive a per capita payment under this which the individual reaches 18 years of age; Trust Fund under subsection (b)(2)(B)(i); Act. and (B) for each fiscal year, compile a list of (4) FINALITY OF DETERMINATION.—The de- (B) any other residual principal and inter- names of all individuals approved to receive termination of the Secretary on an applica- est funds remaining after the distribution those funds; tion of an individual to be listed on the judg- under paragraph (1) is complete. (C) ensure that those funds are used in a ment roll shall be final. SEC. 4. DISTRIBUTION OF WESTERN SHOSHONE manner consistent with this Act; (c) DISTRIBUTION.— JOINT JUDGMENT FUNDS. (D) develop written rules and procedures, (1) IN GENERAL.—On establishment of the (a) IN GENERAL.—The Western Shoshone subject to the approval of the Secretary, judgment roll, the Secretary shall make a joint judgment funds shall be distributed in that cover such matters as— per capita distribution of 100 percent of the accordance with this section. (i) operating procedures; Western Shoshone judgment funds, in shares (b) WESTERN SHOSHONE EDUCATIONAL TRUST (ii) rules of conduct; as equal as practicable, to each person listed FUND.— (iii) eligibility criteria for receipt of funds on the judgment roll. (1) ESTABLISHMENT.—Not later than 120 under subsection (b)(2)(B)(i); (2) REQUIREMENTS FOR DISTRIBUTION PAY- days after the date of enactment of this Act, (iv) application selection procedures; MENTS.— the Secretary shall establish in the Treasury (v) procedures for appeals to decisions of (A) LIVING COMPETENT INDIVIDUALS.—The of the United States, for the benefit of West- the Committee; per capita share of a living, competent indi- ern Shoshone members, a trust fund to be (vi) fund disbursement procedures; and

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3737 (vii) fund recoupment procedures; story, 350-room structure built in 1952 universities, fraternities, or sororities (E) carry out financial management in ac- that housed approximately 600 stu- to assist them in providing fire sprin- cordance with paragraph (6); and dents. Astonishingly, the fire was con- kler systems for their student housing (F) in accordance with subsection tained to the third floor lounge of Bo- and dormitories. These entities would (b)(2)(C)(ii), use a portion of the interest funds from the Trust Fund to pay the reason- land Hall. This dormitory was equipped be required to produce matching funds able and necessary expenses of the Com- with smoke alarms but no sprinkler equal to one-half of the cost of the mittee (including per diem rates for attend- system. project. This legislation authorizes $80 ance at meetings that are equal to those paid Unfortunately, the Boland Hall fire million for fiscal years 2004 through to Federal employees in the same geographic was not the first of its kind. And it re- 2008. location), except that not more than $100,000 minded many people in North Carolina In North Carolina, we decided to ini- of those funds may be used to develop writ- of their own tragic experience with tiate a drive to install sprinklers in our ten rules and procedures described in sub- dorm fires. In 1996, on Mother’s Day public college and university dorms. paragraph (D). and Graduation Day, a fire in the Phi The overall cost is estimated at $57.5 (5) JURISDICTION OF TRIBAL COURTS.—At the discretion of the Committee and with the ap- Gamma Delta fraternity house at the million. Given how much it is going to proval of the appropriate tribal government, University of North Carolina at Chapel cost North Carolina’s public colleges a tribal court, or a court of Indian offenses Hill killed five college juniors and in- and universities to install sprinklers, I operated under section 11 of title 25, Code of jured three others. The three-story fra- think it’s clear that the $100 million Federal Regulations (or a successor regula- ternity house was 70 years old. The Na- that this measure authorizes is just a tion), shall have jurisdiction to hear an ap- tional Fire Protection Association drop in the bucket. But my hope is peal of a decision of the Committee. identified several factors that contrib- that by providing this small incentive (6) FINANCIAL MANAGEMENT.— uted to the tragic fire, including the we can encourage more colleges to in- (A) FINANCIAL STATEMENT.—The Com- mittee shall employ an independent certified lack of fire sprinkler protection. stitute a comprehensive review of their public accountant to prepare a financial Sadly, dorm fires are not rare. On De- dorm’s fire safety and to install sprin- statement for each fiscal year that dis- cember 9, 1997, a student died in a dor- klers. All they need is a helping hand. closes— mitory fire at Greenville College in With this modest measure of preven- (i) the operating expenses of the Com- Greenville, IL. The dormitory, Kinney tion, we can help prevent the needless mittee for the fiscal year; and Hall, was built in the 1960s and had no and tragic loss of young lives. (ii) the total amount of funds disbursed fire sprinkler system. On January 10, Parents should not have to worry under subsection (b)(2)(B)(i) for the fiscal 1997, a student died at the University of about their children living in fire year. Tennessee at Martin. The dormitory, (B) DISTRIBUTION OF INFORMATION.—For traps. When we send our children away each fiscal year, the Committee shall pro- Ellington Hall, had no fire sprinkler to college, we are sending them to a vide to the Secretary, to each organization system. On January 3, 1997, a student home away from home where hundreds represented on the Committee, and, on the died in a dormitory fire at Central Mis- of other students eat, sleep, burn can- request of a Western Shoshone member, to souri State University in Warrensburg, dles, use electric appliances and the Western Shoshone member, a copy of— MO. On October 21, 1994, five students smoke. We must not compromise on (i) the financial statement prepared under died in a fraternity house fire in their safety. As the Fire Chief from subparagraph (A); and Bloomsburg, PA. The list goes on and Chapel Hill wrote me: ‘‘Every year, (ii) the list of names compiled under para- graph (4)(B). on. In a typical year between 1980 and parents send their children off to col- (d) CONSULTATION.—The Secretary shall 1998, the National Fire Protection As- lege seeking an education unaware consult with the Committee on the manage- sociation estimates there were an aver- that one of the greatest dangers facing ment and investment of the funds distrib- age of 1,800 fires at dormitories, frater- their children is the fire hazards asso- uted under this section. nities, and sororities, involving one ciated with dormitories, fraternity and SEC. 5. REGULATIONS. death, 70 injuries, and $8 million in sorority houses and other forms of stu- The Secretary may promulgate such regu- property damage. dent housing . . . The only complete lations as are necessary to carry out this So now we must ask, what can be Act. answer to making student-housing safe done? What can we do to curtail these is to install fire sprinkler systems.’’ In By Mr. EDWARDS (for himself, tragic fires from taking the lives of our short, the best way to ensure the pro- Mr. LAUTENBERG, and Mr. children, our young adults? We should tection of our college students is to in- LEVIN): focus our attention on the lack of fire stall fire sprinklers in our college dor- S. 620. A bill to amend title VII of the sprinklers in college dormitories and mitories and fraternity and sorority Higher Education Act of 1965 to provide fraternity and sorority houses. Sprin- houses. My proposal has been endorsed for fire sprinkler systems, or other fire klers save lives. by the National Fire Protection Asso- suppression or prevention technologies, Despite the clear benefits of sprin- ciation. I ask all of my colleagues to in public and private college and uni- klers, many college dorms do not have join me in supporting this important versity housing and dormitories, in- them. New dormitories are generally legislation. Thank you. cluding fraternity and sorority housing required to have advanced safety sys- I ask unanimous consent that the and dormitories; to the Committee on tems such as fire sprinklers. But such text of the legislation and the letters Health, Education, Labor, and Pension. requirements are rarely imposed retro- of support be printed in the RECORD. Mr. EDWARDS. Mr. President, I rise actively on existing buildings. In 1998, There being no objection, the mate- today along with my colleagues Mr. 93 percent of the campus building fires rial was ordered to be printed in the LAUTENBURG and Mr. LEVIN to re-intro- reported to fire departments occurred RECORD, as follows: duce the College Fire Prevention Act. in buildings where there were smoke MARCH 4, 2003. This measure would provide Federal alarms present. However, only 34 per- Hon. JOHN EDWARDS, matching grants for the installation of cent of them had fire sprinklers U.S. Senate, fire sprinkler systems in college and present. Washington, DC. university dormitories and fraternity At my State’s flagship university at SENATOR EDWARDS: On behalf of the Na- tional Fire Prevention Association (NFPA) and sorority houses. I believe the time Chapel Hill, for example, only 14 of the and our 70,000 members, I want to thank you is now to address the sad situation of 33 residence halls have sprinklers. Only for introducing the College Fire Prevention deadly fires that occur in our chil- 3 of 9 dorms at North Carolina Central Act. We are pleased to support your legisla- dren’s college living facilities. University are equipped with the life- tive efforts to provide federal assistance for The tragic fire that occurred at saving devices, and there are sprinklers the installation of fire sprinkler systems in Seton Hall University on Wednesday, in 4 of the 18 dorms at the University college and university housing and dor- January 19th, 2000, will not be forgot- of North Carolina at Greensboro. mitories. ten. Three freshmen, all 18 years old, The legislation I introduce today au- Each year, an estimated 1,800 fires occur in dormitories and fraternity and sorority died. Fifty-four students, two South thorizes the Secretary of Education, in houses. These fires are responsible for an av- Orange firefighters and two South Or- consultation with the United States erage of one death, seventy injuries and over ange police officers were injured. The Fire Administration, to award grants $8 million in property damage. Of these fires, dormitory, Boland Hall, was a six- to States, private or public colleges or only 35% had fire sprinkler systems present.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3738 CONGRESSIONAL RECORD — SENATE March 13, 2003 As you know, in your home state of North mitory. Three male freshmen, all 18 years of this part, any negative determination on the Carolina, a tragic fire on Mother’s Day in age, died. Fifty-four students, 2 South Or- part of the Secretary with respect to such 1996 killed five students in a fraternity ange firefighters, and 2 South Orange police application, or any statement of reasons for house. officers were injured. The dormitory was a 6- the determination, shall not be admissible as Our statistics show that properly installed story, 350-room structure built in 1952, that evidence in any proceeding of any court, and maintained fire sprinkler systems have a housed approximately 600 students. It was agency, board, or other entity.’’. proven track records of protecting lives and equipped with smoke alarms but no fire property in all types of occupancies. In par- sprinkler system. By Mr. BINGAMAN (for himself, ticular, the retrofitting of fire sprinkler sys- ‘‘(2) On Mother’s Day 1996 in Chapel Hill, Mr. JEFFORDS, Mrs. MURRAY, tems in college and university housing will North Carolina, a fire in the Phi Gamma Mr. LEAHY, and Ms. CANTWELL): greatly improve the safety of these public Delta Fraternity House killed 5 college jun- and private institutions. iors and injured 3. The 3-story plus basement S. 621. A bill to amend title XXI of Thank you for your leadership on this cru- fraternity house was 70 years old. The Na- the Social Security Act to allow quali- cial issue. NFPA is ready to assist in any tional Fire Protection Association identified fying States to use allotments under way to see this legislation passed. several factors that contributed to the tragic the State children’s health insurance Sincerely, fire, including the lack of fire sprinkler pro- program for expenditures under the JOHN C. BIECHMAN, tection. Medicaid program; to the Committee Vice-President, Government Affairs. ‘‘(3) It is estimated that between 1980 and on Finance. 1998, an average of 1,800 fires at dormitories, Mr. BINGAMAN. Mr. President, I rise Chapel Hill Fire Department, Chapel Hill, NC, fraternities, and sororities, involving 1 March 12, 2003. death, 70 injuries, and $8,000,000 in property today to introduce legislation with Senator JOHN EDWARDS, damage were reported to public fire depart- Senators JEFFORDS, MURRAY, LEAHY, Dirksen Senate Office Building, ments. and CANTWELL entitled the ‘‘Children’s Washington, DC. ‘‘(4) Within dormitories, fraternities, and Health Equity Act of 2003.’’ This bill DEAR SENATOR EDWARDS: One of the most sororities the number 1 cause of fires is addresses an inequity that was created under addressed fire safety problems in arson or suspected arson. The second leading during the establishment of the State America today is university and college stu- cause of college building fires is cooking, dent housing. Every year, parents send their Children’s Health Insurance Program, while the third leading cause is smoking. CHIP, that unfairly penalized certain children off to college seeking an education ‘‘(5) New dormitories are generally re- unaware that one of the greatest dangers quired to have advanced safety systems such States that had done the right thing facing their children is the fire hazards asso- as fire sprinklers. But such requirements are and had expanded Medicaid coverage to ciated with dormitories, fraternity and so- rarely imposed retroactively on existing children prior to the enactment of the rority houses and other forms of student buildings. bill. housing. We in Chapel Hill experienced a ‘‘(6) In 1998, 93 percent of the campus build- While the Congress recognized this worst-case scenario, when in 1996 a fire in a ing fires reported to fire departments oc- fraternity house on Mother’s Day/Gradua- fact for some States and ‘‘grand- curred in buildings where there were smoke fathered’’ in their expansions so those tion Day claimed five young lives and in- alarms present. However, only 34 percent had jured three more. We recognized the only fire sprinklers present. States could use the new CHIP funding complete answer to making student-housing ‘‘SEC. 773. AUTHORIZATION OF APPROPRIATIONS. for the children of their respective safe is to install fire sprinkler systems. ‘‘There are authorized to be appropriated States, the legislation failed to do so I had the privilege of reading a draft copy to carry out this part $80,000,000 for each of for others, including New Mexico, of your proposed legislation amending the the fiscal years 2004 through 2008. Vermont, and Washington, among oth- Higher Education Act of 1965 to create a ‘‘SEC. 774. GRANTS AUTHORIZED. matching grants program supporting the ers. This had the effect of penalizing a ‘‘(a) PROGRAM AUTHORITY.—The Secretary, lifesaving step of installing fire sprinkler certain group of States for having done in consultation with the United States Fire the right thing. systems in student housing. I strongly urge Administration, is authorized to award you to introduce this legislation and I pledge grants to States, private or public colleges The ‘‘Children’s Health Equity Act of to assist you in promoting this important or universities, fraternities, and sororities to 2003’’ addresses this inequity by allow- Bill. Your proposed legislation is the only assist them in providing fire sprinkler sys- ing those States, which had expanded real solution to the fire threat in student tems, or other fire suppression or prevention coverage to children up to 185 percent housing. Higher education cannot prepare technologies, for their student housing and of poverty by April 15, 1997, before the our young people to contribure to society if dormitories. enactment of CHIP, to be allowed to they do not survive the experience. ‘‘(b) MATCHING FUNDS REQUIREMENT.—The After thirteen years of being responsible Secretary may not award a grant under this also utilize their CHIP allotments for for fire protection at the University of North section unless the entity receiving the grant coverage of those children covered by Carolina—Chapel Hill, I am convinced that provides, from State, local, or private Medicaid above 133 percent of poverty— where students reside, alarms systems are sources, matching funds in an amount equal putting them on a more level field with not enough, clear exit ways are not enough, to not less than one-half of the cost of the all other States in the country. quick fire department response is not enough activities for which assistance is sought. As you know, in 1997 Congress and and educational programs are not enough. ‘‘SEC. 775. PROGRAM REQUIREMENTS. President Clinton agreed to establish The only way you can insure fire safety for ‘‘(a) APPLICATION.—Each entity desiring a college student housing is to place a fire grant under this part shall submit to the the State Children’s Health Insurance sprinkler system over them. Thank you for Secretary an application at such time and in Program, CHIP, and provide $48 billion recognizing the magnitude of this threat and such manner as the Secretary may require. over ten years as an incentive to for proposing a solution to it. ‘‘(b) PRIORITY.—In awarding grants under States to provide health care coverage Tell me how we can help. this part, the Secretary shall give priority to to uninsured, low-income children up Sincerely, applicants that demonstrate in the applica- 200 percent of poverty or beyond. DANIEL JONES, tion submitted under subsection (a) the in- Fire Chief. ability to fund the sprinkler system, or other During the negotiations of the Bal- S. 620 fire suppression or prevention technology, anced Budget Act, BBA, of 1997, Con- from sources other than funds provided Be it enacted by the Senate and House of Rep- gress and the Administration properly under this part. resentatives of the United States of America in recognized that certain States were al- ‘‘(c) LIMITATION ON ADMINISTRATIVE EX- Congress assembled, ready undertaking Medicaid or sepa- PENSES.—An entity that receives a grant SECTION 1. COLLEGE FIRE PREVENTION ASSIST- under this part shall not use more than 4 rate State-run expansions of coverage ANCE. percent of the grant funds for administrative to children up to 185 percent of poverty Title VII of the Higher Education Act of expenses. or above and that they would be al- 1965 (20 U.S.C. 1133 et seq.) is amended by ‘‘SEC. 776. DATA AND REPORT. lowed to use the new CHIP funding for adding at the end the following: ‘‘The Comptroller General shall— those purposes. The final bill specifi- ‘‘PART E—COLLEGE FIRE PREVENTION ‘‘(1) gather data on the number of college cally allowed the States of Florida, ASSISTANCE and university housing facilities and dor- New York, and Pennsylvania to con- ‘‘SEC. 771. SHORT TITLE. mitories that have and do not have fire vert their separate State-run programs ‘‘This part may be cited as the ‘College sprinkler systems and other fire suppression into CHIP expansions and States that Fire Prevention Act’. or prevention technologies; and ‘‘SEC 772. FINDINGS. ‘‘(2) report such data to Congress. had expanded coverage to children ‘‘Congress makes the following findings: ‘‘SEC. 777. ADMISSIBILITY. through Medicaid after March 31, 1997, ‘‘(1) On Wednesday, January 19, 2000, a fire ‘‘Notwithstanding any other provision of were also allowed to use CHIP funding occurred at a Seton Hall University dor- law, any application for assistance under for their expansions.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3739 Unfortunately, New Mexico and other Governors support providing additional scribed in this clause are expenditures for States that had enacted similar expan- funding flexibility to states that had such fiscal years for providing medical as- sions prior to March 1997 were denied already significantly expanded cov- sistance under title XIX to individuals who the use of CHIP funding for their ex- erage to the majority of uninsured have not attained age 19 and whose family income exceeds 133 percent of the poverty pansions. This created an inequity children in their states.’’ Consequently, the bill I am intro- line. among the States where some were al- ‘‘(iii) NO IMPACT ON DETERMINATION OF lowed to have their prior programs ducing today corrects this inequity. BUDGET NEUTRALITY FOR WAIVERS.—In the ‘‘grandfathered’’ into CHIP and others The bill reflects a carefully-crated re- case of a qualifying State that uses amounts were denied. Therefore, our bill ad- sponse to the unintended consequences paid under this subsection for expenditures dresses this inequity. of CHIP and brings much needed assist- described in clause (ii) that are incurred New Mexico has a strong record of at- ance to children currently uninsured in under a waiver approved for the State, any tempting to expand coverage to chil- my State and other similarly situated budget neutrality determinations with re- dren through the Medicaid program. In States, including Washington and spect to such waiver shall be determined 1995, prior to the enactment of CHIP, Vermont. without regard to such amounts paid. Rather than simply changing the ef- ‘‘(2) QUALIFYING STATE.—In this subsection, New Mexico expanded coverage to for the term ‘qualifying State’ means a State fective date included in the BBA that all children through age 18 through the that— Medicaid program up to 185 percent of helped a smaller subset of States, this ‘‘(A) as of April 15, 1997, has an income eli- poverty. After CHIP was passed, New initiative includes strong maintenance gibility standard with respect to any 1 or Mexico further expanded its coverage of effort language as well as incentives more categories of children (other than in- up to 235 percent of poverty—above the for our State to conduct outreach and fants) who are eligible for medical assistance level of the vast majority of states enrollment efforts and program sim- under section 1902(a)(10)(A) or under a waiver across the country. plification to find and enroll uninsured under section 1115 implemented on January Due to the inequity caused by CHIP, kids because we feel strongly that they 1, 1994, that is up to 185 percent of the pov- must receive the health coverage for erty line or above; and New Mexico has been allocated $266 ‘‘(B) satisfies the requirements described million from CHIP between fiscal years which they are eligible. in paragraph (3). 1998 and 2002, and yet, has only been The bill does not take money from ‘‘(3) REQUIREMENTS.—The requirements de- able to spend slightly over $26 million other States’ CHIP allotments. It sim- scribed in this paragraph are the following: as of the end of last fiscal year. In ply allows our States to spend our ‘‘(A) SCHIP INCOME ELIGIBILITY.—The State other words, New Mexico has been al- States’ specific CHIP allotments from has a State child health plan that (whether lowed to spend less than 10 percent of the Federal Government on our unin- implemented under title XIX or this title)— its federal CHIP allocations. sured children—just as other states ‘‘(i) as of January 1, 2001, has an income New Mexico is unable to spend its across the country are doing. eligibility standard that is at least 200 per- I ask unanimous consent that the cent of the poverty line or has an income eli- funding because it had enacted its ex- gibility standard that exceeds 200 percent of pansion of coverage to children up to text of the bill be printed in the the poverty line under a waiver under sec- 185 percent of poverty prior to the en- RECORD. tion 1115 that is based on a child’s lack of actment of CHIP and our State was not There being no objection, the bill was health insurance; ‘‘grandfathered’’ into CHIP as other ordered to be printed in the RECORD, as ‘‘(ii) subject to subparagraph (B), does not comparable states were. follows: limit the acceptance of applications for chil- The consequences for the children of S. 621 dren; and New Mexico are enormous. According Be it enacted by the Senate and House of Rep- ‘‘(iii) provides benefits to all children in the State who apply for and meet eligibility to the Census Bureau, New Mexico has resentatives of the United States of America in Congress assembled, standards on a statewide basis. an estimated 114,000 uninsured chil- ‘‘(B) NO WAITING LIST IMPOSED.—With re- dren. In other words, almost 21 percent SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Children’s spect to children whose family income is at of all the children in New Mexico are Health Equity Act of 2003’’. or below 200 percent of the poverty line, the uninsured, despite the fact the State SEC. 2. AUTHORITY FOR QUALIFYING STATES TO State does not impose any numerical limita- has expanded coverage up to 235 per- USE SCHIP FUNDS FOR MEDICAID tion, waiting list, or similar limitation on cent of poverty. This is the second EXPENDITURES. the eligibility of such children for child highest rate of uninsured children in Section 2105 of the Social Security Act (42 health assistance under such State plan. ‘‘(C) ADDITIONAL REQUIREMENTS.—The the country. U.S.C. 1397ee) is amended by adding at the end the following: State has implemented at least 3 of the fol- This is a result of the fact that an es- ‘‘(g) AUTHORITY FOR QUALIFYING STATES TO lowing policies and procedures (relating to timated 80 percent of the uninsured USE CERTAIN FUNDS FOR MEDICAID EXPENDI- coverage of children under title XIX and this children in New Mexico are below 200 TURES.— title): percent of poverty. These children are, ‘‘(1) STATE OPTION.— ‘‘(i) UNIFORM, SIMPLIFIED APPLICATION consequently, often eligible for Med- ‘‘(A) IN GENERAL.—Notwithstanding any FORM.—With respect to children who are eli- icaid but currently unenrolled. With other provision of law, with respect to fiscal gible for medical assistance under section the exception of those few children be- years in which allotments for a fiscal year 1902(a)(10)(A), the State uses the same uni- tween 185 and 200 percent of poverty under section 2104 (beginning with fiscal year form, simplified application form (including, 1998) are available under subsections (e) and if applicable, permitting application other who are eligible for CHIP funding, all (g) of that section, a qualifying State (as de- than in person) for purposes of establishing of the remaining uninsured children fined in paragraph (2)) may elect to use such eligibility for benefits under title XIX and below 185 percent of poverty in New allotments (instead of for expenditures under this title. Mexico are denied CHIP funding de- this title) for payments for such fiscal year ‘‘(ii) ELIMINATION OF ASSET TEST.—The spite their need. under title XIX in accordance with subpara- State does not apply any asset test for eligi- Exacerbating this inequity is the fact graph (B). bility under section 1902(l) or this title with that many States are accessing their ‘‘(B) PAYMENTS TO STATES.— respect to children. CHIP allotments to cover kids at pov- ‘‘(i) IN GENERAL.—In the case of a quali- ‘‘(iii) ADOPTION OF 12-MONTH CONTINUOUS EN- fying State that has elected the option de- ROLLMENT.—The State provides that eligi- erty levels far below New Mexico’s cur- scribed in subparagraph (A), subject to the bility shall not be regularly redetermined rent or past eligibility levels. The chil- total amount of funds described with respect more often than once every year under this dren in those States are certainly no to the State in subparagraph (A), the Sec- title or for children described in section more worthy of health insurance cov- retary shall pay the State an amount each 1902(a)(10)(A). erage than the children of New Mexico. quarter equal to the additional amount that ‘‘(iv) SAME VERIFICATION AND REDETERMINA- As the health policy statement by would have been paid to the State under title TION POLICIES; AUTOMATIC REASSESSMENT OF the National Governors’ Association XIX for expenditures of the State for the fis- ELIGIBILITY.—With respect to children who reads, ‘‘The Governors believe that it is cal year described in clause (ii) if the en- are eligible for medical assistance under sec- critical that innovative states not be hanced FMAP (as determined under sub- tion 1902(a)(10)(A), the State provides for ini- section (b)) had been substituted for the Fed- tial eligibility determinations and redeter- penalized for having expanded coverage eral medical assistance percentage (as de- minations of eligibility using the same to children before the enactment of S– fined in section 1905(b)) of such expenditures. verification policies (including with respect CHIP, which provides enhanced funding ‘‘(ii) EXPENDITURES DESCRIBED.—For pur- to face-to-face interviews), forms, and fre- to meet these goals. To this end, the poses of clause (i), the expenditures de- quency as the State uses for such purposes

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3740 CONGRESSIONAL RECORD — SENATE March 13, 2003 under this title, and, as part of such redeter- choice for many low and middle income Sec. 3. Treatment of inpatient psychiatric minations, provides for the automatic reas- families who have a child with special hospital services for individuals sessment of the eligibility of such children health care needs: they must choose under age 21 in home or com- for assistance under title XIX and this title. between work or impoverishment. Or, munity-based services waivers. ‘‘(v) OUTSTATIONING ENROLLMENT STAFF.— Sec. 4. Development and support of family- The State provides for the receipt and initial in the worst cases, parents consider the to-family health information processing of applications for benefits under devastating choice of relinquishing centers. this title and for children under title XIX at custody for an out-of-home placement Sec. 5. Restoration of medicaid eligibility facilities defined as disproportionate share so their child can obtain services they for certain SSI beneficiaries. hospitals under section 1923(a)(1)(A) and Fed- so desperately need. Truly, there is SEC. 2. OPPORTUNITY FOR FAMILIES OF DIS- erally-qualified health centers described in nothing more heartbreaking for a par- ABLED CHILDREN TO PURCHASE section 1905(l)(2)(B) consistent with section MEDICAID COVERAGE FOR SUCH ent than to be unable to provide for a CHILDREN. 1902(a)(55).’’. child in need. (a) STATE OPTION TO ALLOW FAMILIES OF By Mr. GRASSLEY (for himself, Consider the following example: Mr. DISABLED CHILDREN TO PURCHASE MEDICAID COVERAGE FOR SUCH CHILDREN.— Mr. KENNEDY, Mr. BAUCUS, Ms. and Mrs. Jones have two daughters, Heather and Hannah. Hannah was born (1) IN GENERAL.—Section 1902 (42 U.S.C. SNOWE, Mr. DASCHLE, Mr. 1396a) is amended— SMITH, Mr. KERRY, Mr. THOMAS, with cerebral palsy. The family earns (A) in subsection (a)(10)(A)(ii)— Mr. BINGAMAN, Mr. BUNNING, $29,000 a year and is insured through (i) by striking ‘‘or’’ at the end of subclause Mr. ROCKEFELLER, Mrs. LIN- employer sponsored health insurance. (XVII); COLN, Mr. JEFFORDS, Mr. ENZI, Mr. Jones recently lost his job because (ii) by adding ‘‘or’’ at the end of subclause (XVIII); and Mr. SARBANES, Mr. DOMENICI, of down-sizing. Last year, even with in- (iii) by adding at the end the following new Mr. JOHNSON, Mr. ENSIGN, Mrs. surance, the family spent nearly $9,000 on out-of-pocket medical expenses. Mr. subclause: MURRAY, Mr. HOLLINGS, Ms. ‘‘(XIX) who are disabled children described STABENOW, Mr. CORZINE, Mr. Jones has found a new job; unfortu- in subsection (cc)(1);’’; and BENNETT, Mr. SCHUMER, Mr. nately, the family’s insurance premium (B) by adding at the end the following new WARNER, Mr. REID, Mr. DEWINE, has risen to $200 a month and does not subsection: ‘‘(cc)(1) Individuals described in this para- Mr. REED, Ms. COLLINS, Mr. cover essential occupational and phys- ical therapy. The family dipped into graph are individuals— MILLER, Mr. LUGAR, Mr. LIE- ‘‘(A) who have not attained 18 years of age; BERMAN, Mr. LEAHY, Mr. their 401K when Hannah was born. The family’s earnings minus the health ‘‘(B) who would be considered disabled CHAFEE, Mr. KOHL, Mr. GRAHAM under section 1614(a)(3)(C) but for having of South Carolina, Mr. care premiums, minus out of pocket ex- earnings or deemed income or resources (as EDWARDS, Mr. MCCAIN, Mr. penses puts this family at an annual determined under title XVI for children) that DORGAN, Mr. ROBERTS, Mr. income of $17,600. The federal poverty exceed the requirements for receipt of sup- plemental security income benefits; and DODD, Mr. DAYTON, Ms. CANT- level for a family of four is $18,400. This hard-working family is being impover- ‘‘(C) whose family income does not exceed WELL, Mr. BREAUX, Mr. BIDEN, such income level as the State establishes Ms. MIKULSKI, Mr. LEVIN, Ms. ished because of their commitment to care for their disabled child. and does not exceed— LANDRIEU, Mr. INOUYE, Mr. ‘‘(i) 250 percent of the income official pov- HARKIN, Mr. DURBIN, Mrs. CLIN- Over the past three years, I have erty line (as defined by the Office of Manage- TON, Mrs. BOXER, Mr. BAYH, and worked with Senator KENNEDY and ment and Budget, and revised annually in ac- Mr. AKAKA): Representative PETE SESSIONS to ad- cordance with section 673(2) of the Omnibus S. 622. A bill to amend title XIX of vance this important legislation on be- Budget Reconciliation Act of 1981) applicable the Social Security Act to provide fam- half of thousands of families who need to a family of the size involved; or ‘‘(ii) such higher percent of such poverty ilies of disabled children with the op- our help. Each year, more than 70 Sen- ators have signed on as co-sponsors of line as a State may establish, except that— portunity to purchase coverage under ‘‘(I) any medical assistance provided to an the medicaid program for such chil- the legislation. I understand the many individual whose family income exceeds 250 dren, and for other purposes; to the pressing challenges facing our nation’s percent of such poverty line may only be Committee on Finance. health care system, but I urge the Sen- provided with State funds; and Mr. GRASSLEY. Mr. President, Sen- ate to show its support for helping ‘‘(II) no Federal financial participation ator KENNEDY and I are happy to an- these families and pass the Family Op- shall be provided under section 1903(a) for nounce the introduction of the Family portunity Act this year. any medical assistance provided to such an Opportunity Act of 2003, a bill to pro- I ask unanimous consent that the individual.’’. text of the bill be printed in the (2) INTERACTION WITH EMPLOYER-SPONSORED mote family, work, and opportunity. FAMILY COVERAGE.—Section 1902(cc) (42 Every day, across the country, thou- RECORD. U.S.C. 1396a(cc)), as added by paragraph sands of families struggle to obtain af- There being no objection, the bill was (1)(B), is amended by adding at the end the fordable and appropriate health care ordered to be printed in the RECORD, as following new paragraph: coverage for children with special follows: ‘‘(2)(A) If an employer of a parent of an in- health care needs, including children S. 622 dividual described in paragraph (1) offers with conditions such as autism, mental family coverage under a group health plan Be it enacted by the Senate and House of Rep- (as defined in section 2791(a) of the Public retardation, cerebral palsy, develop- resentatives of the United States of America in Health Service Act), the State shall— mental delays, or mental illness. Congress assembled, ‘‘(i) require such parent to apply for, enroll Low and middle income parents who SECTION 1. SHORT TITLE; AMENDMENTS TO SO- in, and pay premiums for, such coverage as a have employer sponsored family health CIAL SECURITY ACT; TABLE OF CON- condition of such parent’s child being or re- care coverage often find that their pri- TENTS. maining eligible for medical assistance vate insurance doesn’t adequately (a) SHORT TITLE.—This Act may be cited as under subsection (a)(10)(A)(ii)(XIX) if the the ‘‘Family Opportunity Act of 2003’’ or the parent is determined eligible for such cov- cover the array of services that are ‘‘Dylan Lee James Act’’. critical to their child’s well-being, such erage and the employer contributes at least (b) AMENDMENTS TO SOCIAL SECURITY 50 percent of the total cost of annual pre- as mental health services, personal ACT.—Except as otherwise specifically pro- miums for such coverage; and care services, durable medical equip- vided, whenever in this Act an amendment is ‘‘(ii) if such coverage is obtained— ment, special nutritional supplements, expressed in terms of an amendment to or re- ‘‘(I) subject to paragraph (2) of section and respite care. Because Medicaid, our peal of a section or other provision, the ref- 1916(h), reduce the premium imposed by the nation’s health care program for low- erence shall be considered to be made to that State under that section in an amount that income individuals, offers the type of section or other provision of the Social Secu- reasonably reflects the premium contribu- rity Act. comprehensive care that best meets tion made by the parent for private coverage (c) TABLE OF CONTENTS.—The table of con- on behalf of a child with a disability; and the needs of children with disabilities, tents of this Act is as follows: it can become a lifeline on which many ‘‘(II) treat such coverage as a third party Sec. 1. Short title; amendments to Social liability under subsection (a)(25). parents depend. Security Act; table of contents. ‘‘(B) In the case of a parent to which sub- Yet, Medicaid is a safety net program Sec. 2. Opportunity for families of disabled paragraph (A) applies, a State, subject to and one must be impoverished in order children to purchase medicaid paragraph (1)(C)(ii), may provide for pay- to be eligible. This presents a terrible coverage for such children. ment of any portion of the annual premium

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3741 for such family coverage that the parent is (4) in paragraph (7)(A)— Secretary under section 502(a)(1) apply in the required to pay. Any payments made by the (A) by inserting ‘‘or would require inpa- same manner to funds made available to the State under this subparagraph shall be con- tient psychiatric hospital services for indi- Secretary under paragraph (1)(A). sidered, for purposes of section 1903(a), to be viduals under age 21,’’ after ‘‘intermediate ‘‘(5) For purposes of this subsection, the payments for medical assistance.’’. care facility for the mentally retarded,’’; and term ‘State’ means each of the 50 States and (b) STATE OPTION TO IMPOSE INCOME-RE- (B) by inserting ‘‘or who would require in- the District of Columbia.’’. LATED PREMIUMS.—Section 1916 (42 U.S.C. patient psychiatric hospital services for indi- SEC. 5. RESTORATION OF MEDICAID ELIGIBILITY 1396o) is amended— viduals under age 21’’ before the period. FOR CERTAIN SSI BENEFICIARIES. (1) in subsection (a), by striking ‘‘sub- (b) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—Section section (g)’’ and inserting ‘‘subsections (g) made by subsection (a) apply with respect to 1902(a)(10)(A)(i)(II) (42 U.S.C. and (h)’’; and medical assistance provided on or after Jan- 1396a(a)(10)(A)(i)(II)) is amended— (2) by adding at the end the following new uary 1, 2004. (1) by inserting ‘‘(aa)’’ after ‘‘(II)’’; subsection: SEC. 4. DEVELOPMENT AND SUPPORT OF FAM- (2) by striking ‘‘) and’’ and inserting ‘‘(h)(1) With respect to disabled children ILY-TO-FAMILY HEALTH INFORMA- ‘‘and’’; provided medical assistance under section TION CENTERS. (3) by striking ‘‘section or who are’’ and in- 1902(a)(10)(A)(ii)(XIX), subject to paragraph Section 501 (42 U.S.C. 701) is amended by serting ‘‘section), (bb) who are’’; and (2), a State may (in a uniform manner for adding at the end the following new sub- (4) by inserting before the comma at the such children) require the families of such section: end the following: ‘‘, or (cc) who are under 21 ‘‘(c)(1)(A) For the purpose of enabling the children to pay monthly premiums set on a years of age and with respect to whom sup- Secretary (through grants, contracts, or oth- sliding scale based on family income. plemental security income benefits would be erwise) to provide for special projects of re- ‘‘(2) A premium requirement imposed paid under title XVI if subparagraphs (A) and gional and national significance for the de- under paragraph (1) may only apply to the (B) of section 1611(c)(7) were applied without velopment and support of family-to-family regard to the phrase ‘the first day of the extent that— health information centers described in month following’ ’’. ‘‘(A) the aggregate amount of such pre- paragraph (2)— mium and any premium that the parent is (b) EFFECTIVE DATE.—The amendments ‘‘(i) there is appropriated to the Secretary, made by subsection (a) shall apply to med- required to pay for family coverage under out of any money in the Treasury not other- section 1902(cc)(2)(A)(i) does not exceed 5 per- ical assistance for items and services fur- wise appropriated— nished on or after the first day of the first cent of the family’s income; and ‘‘(I) $3,000,000 for fiscal year 2004; ‘‘(B) the requirement is imposed consistent calendar quarter that begins after the date ‘‘(II) $4,000,000 for fiscal year 2005; and of enactment of this Act. with section 1902(cc)(2)(A)(ii)(I). ‘‘(III) $5,000,000 for fiscal year 2006; and ‘‘(3) A State shall not require prepayment ‘‘(ii) there is authorized to be appropriated of a premium imposed pursuant to paragraph Mr. KENNEDY. Mr. President, it is to the Secretary, $5,000,000 for each of fiscal an honor to join my colleague Senator (1) and shall not terminate eligibility of a years 2007 and 2008. child under section 1902(a)(10)(A)(ii)(XIX) for ‘‘(B) Funds appropriated or authorized to GRASSLEY today in re-introducing the medical assistance under this title on the be appropriated under subparagraph (A) Family Opportunity Act of—so that basis of failure to pay any such premium shall— once and for all, we can remove the until such failure continues for a period of ‘‘(i) be in addition to amounts appropriated health care barriers for children with not less than 60 days from the date on which under subsection (a) and retained under sec- disabilities that so often prevent fami- the premium became past due. The State tion 502(a)(1) for the purpose of carrying out lies from staying together and staying may waive payment of any such premium in activities described in subsection (a)(2); and employed, and that so often prevent any case where the State determines that re- ‘‘(ii) remain available until expended. quiring such payment would create an undue ‘‘(2) The family-to-family health informa- their children from growing up to live hardship.’’. tion centers described in this paragraph are independent lives and become fully (c) CONFORMING AMENDMENTS.—Section centers that— contributing members of their commu- 1903(f)(4) (42 U.S.C. 1396b(f)(4)) is amended in ‘‘(A) assist families of children with dis- nities. the matter preceding subparagraph (A), by abilities or special health care needs to More than 9 percent of children in inserting ‘‘1902(a)(10)(A)(ii)(XIX),’’ after make informed choices about health care in this country have significant disabil- ‘‘1902(a)(10)(A)(ii)(XVIII),’’. order to promote good treatment decisions, ities, many of whom do not have access (d) EFFECTIVE DATE.—The amendments cost-effectiveness, and improved health out- made by this section shall apply to medical comes for such children; to the basic health services they need assistance for items and services furnished ‘‘(B) provide information regarding the to maintain their health status, let on or after October 1, 2005. health care needs of, and resources available alone prevent its continuing deteriora- SEC. 3. TREATMENT OF INPATIENT PSYCHIATRIC for, children with disabilities or special tion. To obtain theses health services HOSPITAL SERVICES FOR INDIVID- health care needs; for their children, families are being UALS UNDER AGE 21 IN HOME OR ‘‘(C) identify successful health delivery forced to become poor, stay poor, put COMMUNITY-BASED SERVICES WAIV- models for such children; their children in institutions or ever ERS. ‘‘(D) develop with representatives of health (a) IN GENERAL.—Section 1915(c) (42 U.S.C. care providers, managed care organizations, give up custody of their children—all 1396n(c)) is amended— health care purchasers, and appropriate so that their children can qualify for (1) in paragraph (1)— State agencies a model for collaboration be- the health coverage available under (A) in the first sentence, by inserting ‘‘, or tween families of such children and health Medicaid. would require inpatient psychiatric hospital professionals; In a recent survey of 20 States, fami- services for individuals under age 21,’’ after ‘‘(E) provide training and guidance regard- lies of special needs children report ‘‘intermediate care facility for the mentally ing caring for such children; they are turning down jobs, turning retarded’’; and ‘‘(F) conduct outreach activities to the (B) in the second sentence, by inserting ‘‘, down raises, turning down overtime, families of such children, health profes- and unable even to save money for the or would require inpatient psychiatric hos- sionals, schools, and other appropriate enti- pital services for individuals under age 21’’ ties and individuals; and future of their children and family—all before the period; ‘‘(G) are staffed by families of children so that their child can stay eligible for (2) in paragraph (2)(B), by striking ‘‘or with disabilities or special health care needs Medicaid through the Social Security services in an intermediate care facility for who have expertise in Federal and State pub- Income Program. The lack of adequate the mentally retarded’’ each place it appears lic and private health care systems and health care in our country today con- and inserting ‘‘services in an intermediate health professionals. care facility for the mentally retarded, or in- tinues to force these families into pov- ‘‘(3) The Secretary shall develop family-to- erty in order to obtain the care they patient psychiatric hospital services for indi- family health information centers described viduals under age 21’’; in paragraph (2) under this subsection in ac- need for their disabled children. (3) in paragraph (2)(C)— cordance with the following: The legislation we are reintroducing (A) by inserting ‘‘, or who are determined ‘‘(A) With respect to fiscal year 2004, such will close the health care gap for the to be likely to require inpatient psychiatric centers shall be developed in not less than 25 nation’s most vulnerable population, hospital services for individuals under age States. and enable families of disabled children 21,’’ after ‘‘, or intermediate care facility for ‘‘(B) With respect to fiscal year 2005, such to be equal partners in the American the mentally retarded’’; and centers shall be developed in not less than 40 dream. (B) by striking ‘‘or services in an inter- States. In the words of President George mediate care facility for the mentally re- ‘‘(C) With respect to fiscal year 2006, such Bush in his ‘‘New Freedom Initiative,’’ tarded’’ and inserting ‘‘services in an inter- centers shall be developed in not less than 50 mediate care facility for the mentally re- States and the District of Columbia. ‘‘To many Americans with disabilities tarded, or inpatient psychiatric hospital ‘‘(4) The provisions of this title that are remain trapped in bureaucracies of de- services for individuals under age 21’’; and applicable to the funds made available to the pendence, and are denied the access

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3742 CONGRESSIONAL RECORD — SENATE March 13, 2003 necessary for success—and we need to While premium conversion does not di- health benefits programs established by tear down these barriers. rectly affect the amount of the FEHBP chapter 55 of title 10, United States Code, for The Family Opportunity. Act will do premium, it helps to offset some of the the taxpayer and the taxpayer’s spouse and dependents. just that. It will tear down the unfair increase by reducing an individual’s ‘‘(b) COORDINATION WITH MEDICAL DEDUC- barriers to needed health care that so federal tax liability. TION.—Any amount allowed as a deduction many disabled and special needs chil- Extending this benefit to federal re- under subsection (a) shall not be taken into dren are denied. It will make health in- tirees requires a change in the tax law, account in computing the amount allowable surance coverage more widely avail- specifically Section 125 of the Internal to the taxpayer as a deduction under section able for children with significant dis- Revenue Code. This legislation makes 213(a).’’ (b) DEDUCTION ALLOWED WHETHER OR NOT abilities, through opportunities to buy- the necessary change in the tax code. INDIVIDUAL ITEMIZES OTHER DEDUCTIONS.— in to Medicaid at an affordable rate. Under the legislation, the benefit is Subsection (a) of section 62 of such Code is States will have greater flexibility to concurrently afforded to our Nation’s amended by inserting after paragraph (18) enable children with metal health dis- military retirees as well to assist with the following new paragraph: abilities to obtain the health services increasing health care costs. ‘‘(19) TRICARE SUPPLEMENTAL PREMIUMS OR they need in order to live at home and A number of organizations rep- ENROLLMENT FEES.—The deduction allowed in their communities. It will establish resenting Federal and military retirees by section 223.’’ (c) CLERICAL AMENDMENT.—The table of Family to Family Information Centers are strongly behind this initiative, in- sections for part VII of subchapter B of chap- in each state to assist families with cluding the National Association of Re- ter 1 of such Code is amended by striking the special needs children. tired Federal Employees, the Military last item and inserting the following new The passage of Work Incentives Im- Coalition, the Fleet Reserve Associa- items: provement Act in 1999 demonstrated tion, and the Association of the U.S. ‘‘Sec. 223. TRICARE supplemental premiums the nation’s commitment to give Army. or enrollment fees. adults with disabilities the right to I encourage my colleagues to support ‘‘Sec. 224. Cross reference.’’ lead independent and productive lives this critical legislation and show their (d) EFFECTIVE DATE.—The amendments without giving up their health care. It support for our Nation’s dedicated Fed- made by this section shall apply to taxable is time for Congress to show the same eral civilian and military retirees. I years beginning after the date of the enact- commitment to children with disabil- ask unanimous consent that the text of ment of this Act. ities. the bill be printed in the RECORD. SEC. 3. IMPLEMENTATION. We came very close to passing the There being no objection, the bill was (a) FEHBP PREMIUM CONVERSION OPTION FOR FEDERAL CIVILIAN RETIREES.—The Direc- Family Opportunity Act in the last ordered to be printed in the RECORD, as tor of the Office of Personnel Management Congress. I look forward to working follows: shall take such actions as the Director con- members of this new Congress to enact S. 623 siders necessary so that the option made pos- this important legislation, and give Be it enacted by the Senate and House of Rep- sible by section 125(g)(5)(A) of the Internal disabled children and their families resentatives of the United States of America in Revenue Code of 1986 shall be offered begin- their rightful opportunity to fulfill Congress assembled, ning with the first open enrollment period, their dreams and participate fully in SECTION 1. PRETAX PAYMENT OF HEALTH IN- afforded under section 8905(g)(1) of title 5, the life of our nation. SURANCE PREMIUMS BY FEDERAL United States Code, which begins not less CIVILIAN AND MILITARY RETIREES. than 90 days after the date of the enactment By Mr. WARNER (for himself and (a) IN GENERAL.—Subsection (g) of section of this Act. 125 of the Internal Revenue Code of 1986 (re- (b) TRICARE PREMIUM CONVERSION OPTION Ms. COLLINS): lating to cafeteria plans) is amended by add- FOR MILITARY RETIREES.—The Secretary of S. 623. A bill to amend the Internal ing at the end the following new paragraph: Defense, after consulting with the other ad- Revenue Code of 1986 to allow Federal ‘‘(5) HEALTH INSURANCE PREMIUMS OF FED- ministering Secretaries (as specified in sec- civilian and military retirees to pay ERAL CIVILIAN AND MILITARY RETIREES.— tion 1073 of title 10, United States Code), health insurance premiums on a pretax ‘‘(A) FEHBP PREMIUMS.—Nothing in this shall take such actions as the Secretary con- basis and to allow a deduction for section shall prevent the benefits of this sec- siders necessary so that the option made pos- TRICARE supplemental premiums; to tion from being allowed to an annuitant, as sible by section 125(g)(5)(B) of the Internal defined in paragraph (3) of section 8901, title Revenue Code of 1986 shall be offered begin- the Committee on Finance. ning with the first open enrollment period Mr. WARNER. Mr. President, today I 5, United States Code, with respect to a choice between the annuity or compensation afforded under health benefits programs es- am introducing legislation to provide referred to in such paragraph and benefits tablished under chapter 55 of such title, some relief for our Nation’s retired under the health benefits program estab- which begins not less than 90 days after the Federal employees from the severe in- lished by chapter 89 of such title 5. date of the enactment of this Act. creases in Federal Employee Health ‘‘(B) TRICARE PREMIUMS.—Nothing in this Benefit, FEHB, program premiums. section shall prevent the benefits of this sec- By Mr. BAUCUS (for himself and This measure extends premium conver- tion from being allowed to an individual re- Mr. LEVIN): S. 624. A bill to authorize the exten- sion to federal and military retirees, ceiving retired or retainer pay by reason of sion of nondiscriminatory treatment allowing them to pay their health in- being a member or former member of the uniformed services of the United States with (normal trade relations treatment) to surance premiums with pre-tax dollars. respect to a choice between such pay and the products of the Russian Federa- Over 9 million Federal employees, re- benefits under the health benefits programs tion, and for other purposes; to the tirees and their families are covered established by chapter 55 of title 10, United Committee on Finance. under FEHBP. In 2003 premiums are ex- States Code.’’ Mr. BAUCUS. Mr. President, I rise pected to rise an average of 11 percent, (b) EFFECTIVE DATE.—The amendment today to introduce the U.S.-Russia made by this section shall apply to taxable the third year in a row the average in- Trade Act of 2003. crease has exceeded 10 percent. years beginning after the date of the enact- ment of this Act. This legislation would grant Perma- The increasing cost of health care is nent Normal Trade Relations to Rus- a critical issue, especially to retirees SEC. 2. DEDUCTION FOR TRICARE SUPPLE- MENTAL PREMIUMS. sia. However—and I want to be very living on a fixed income. The 2003 Cost (a) IN GENERAL.—Part VII of subchapter B clear about this point—this legislation of Living Adjustment, COLA, for Fed- of chapter 1 of the Internal Revenue Code of would also ensure that Congress re- eral civil service annuitants is only 1.4 1986 (relating to additional itemized deduc- tains proper oversight of negotiations percent, the lowest since a 1.3 percent tions for individuals) is amended by redesig- to bring Russia into the World Trade increase in 1999. The modest COLA is nating section 223 as section 224 and by in- Organization. completely diminished by increased serting after section 222 the following new Congress typically grants PNTR to a health care costs. section: Jackson-Vanik country only when that In the fall of 2000 premium conver- ‘‘SEC. 223. TRICARE SUPPLEMENTAL PREMIUMS country is about to join the WTO. This sion became available to current fed- OR ENROLLMENT FEES. ‘‘(a) ALLOWANCE OF DEDUCTION.—In the is, for example, exactly what Congress eral employees who participate in the case of an individual, there shall be allowed did when China joined the WTO. Federal Employees Health Benefits as a deduction the amounts paid during the The Administration and some of my Program. It is a benefit already avail- taxable year by the taxpayer for insurance colleagues have suggested that Con- able to many private sector employees. purchased as supplemental coverage to the gress should grant PNTR to Russia

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3743 prior to their joining the WTO. If we migration requirements, and other laws, reg- gagement with the Russian Federation, in- are going to do down this path, we ulations, and practices that interfere with cluding by— must ensure that there is adequate the activities or internal affairs of minority (1) urging the Russian Federation to en- Congressional oversight. religious communities; sure that its national, regional, and local (5) the Russian Federation has enacted leg- laws, regulations, practices, and policies This legislation would ensure Con- islation providing protection against dis- fully, and in conformity with the standards gressional involvement in the fol- crimination or incitement to violence of the OSCE— lowing way: after negotiations are against persons or groups based on national, (A) provide for the free emigration of its completed, Congress would be guaran- racial, ethnic, or religious discrimination, citizens; teed a vote on a resolution to dis- including anti-Semitism; (B) safeguard religious liberty throughout approve of Russia’s joining the WTO, if (6) the Russian Federation has committed the Russian Federation, including by ensur- such a resolution is introduced. itself, including through exchanges of let- ing that the registration of religious groups, ters, to ensuring freedom of religion, equal Congress has a key role to play in ne- visa and immigration requirements, and treatment of all religious groups, and com- other laws, regulations, and practices are gotiating an agreement on Russia’s en- bating racial, ethnic, and religious intoler- not used to interfere with the activities or tering the WTO. China’s WTO accession ance and hatred, including anti-Semitism; internal affairs of minority religious com- demonstrates this. The Administration (7) the Russian Federation has engaged in munities; was able to obtain a better deal with efforts to combat ethnic and religious intol- (C) enforce and enhance existing Russian China because of Congressional in- erance by cooperating with various United laws at the national and local levels to com- volvement. States nongovernmental organizations; bat ethnic, religious, and racial discrimina- (8) the Russian Federation is continuing tion and related violence; And there are some real concerns the restitution of religious properties, in- with Russia. The Russian government (D) expand the restitution of religious and cluding religious and communal properties communal properties, including by estab- has announced that it plans to add ad- confiscated from national and religious mi- lishing a legal framework for the timely ditional restrictions on imports of U.S. norities during the Soviet era, facilitating completion of such restitution; and agricultural products, including poul- the reemergence of these minority groups in (E) respect fully freedom of the press; try, pork, and beef. That’s unaccept- the national life of the Russian Federation, (2) working with the Russian Federation, able, and it is behavior that should not and has committed itself, including through including through the Secretary of Labor be rewarded. exchanges of letters, to continue the restitu- and other appropriate executive branch offi- tion of such properties; cials, to address the issues described in sec- I look forward to working with my (9) the Russian Federation has received colleagues to ensure that Congress con- tion 1(11); and normal trade relations treatment since con- (3) continuing rigorous monitoring by the tinues to have an important role in cluding a bilateral trade agreement with the United States of human rights issues in the Russia’s accession to the WTO. United States that entered into force on Russian Federation, including the issues de- I ask unanimous consent that the June 17, 1992; scribed in paragraphs (1) and (2), providing text of the legislation be printed in the (10) the Russian Federation is making assistance to nongovernmental organizations RECORD. progress toward accession to the World and human rights groups involved in human There being no objection, the bill was Trade Organization, recognizing that many rights activities in the Russian Federation, central issues remain to be resolved, includ- and promoting annual discussions and ongo- ordered to be printed in the RECORD, as ing removal of unjustified restrictions on ag- follows: ing dialog with the Russian Federation re- ricultural products of the United States, garding those issues, including the participa- S. 624 commitments relating to tariff reductions tion of United States and Russian non- Be it enacted by the Senate and House of Rep- for goods, trade in services, protection of in- governmental organizations in such discus- resentatives of the United States of America in tellectual property rights, reform of the in- sions. Congress assembled, dustrial energy sector, elimination of export SEC. 4. REPORTING REQUIREMENT. incentives for industrial goods, reform of SECTION 1. FINDINGS. The reports required by sections 102(b) and customs procedures and technical, sanitary, The Congress finds that— 203 of the International Religious Freedom and phytosanitary measures, and inclusion (1) the Russian Federation has adopted Act of 1998 (22 U.S.C. 6412(b) and 6433) shall of trade remedy provisions; constitutional protections and statutory and include an assessment of the status of the (11) the Russian Federation has enacted administrative procedures that accord its issues described in subparagraphs (A) some protections reflecting internationally citizens the right and opportunity to emi- through (D) of section 3(1). recognized labor rights, but serious gaps re- grate, free of anything more than a nominal main both in the country’s legal regime and SEC. 5. CONTINUED ENJOYMENT OF RIGHTS tax on emigration or on the visas or other UNDER THE JUNE 17, 1992, BILAT- its enforcement record; documents required for emigration and free ERAL TRADE AGREEMENT. (12) the Russian Federation has provided of any tax, levy, fine, fee, or other charge on (a) FINDING.—The Congress finds that the constitutional guarantees of freedom of the any citizens as a consequence of the desire of trade agreement between the United States press, although infringements of this free- such citizens to emigrate to the country of and the Russian Federation that entered dom continue to occur; and their choice or to return to the Russian Fed- into force on June 17, 1992, remains in force (13) the Russian Federation has dem- eration; between the 2 countries and provides the onstrated a strong desire to build a friendly (2) the Russian Federation has been found United States with important rights, includ- and cooperative relationship with the United to be in full compliance with the freedom of ing the right to use specific safeguard rules States. emigration requirements under title IV of to respond to import surges from the Rus- the Trade Act of 1974 since 1994; SEC. 2. TERMINATION OF APPLICATION OF TITLE sian Federation. IV OF THE TRADE ACT OF 1974 TO (3) the Russian Federation has taken im- THE RUSSIAN FEDERATION. (b) APPLICABILITY OF SAFEGUARD.—Section portant steps toward the creation of demo- (a) PRESIDENTIAL DETERMINATIONS AND EX- 421 of the Trade Act of 1974 (19 U.S.C. 2451) cratic institutions and a free-market econ- TENSIONS OF NONDISCRIMINATORY TREAT- shall apply to the Russian Federation to the omy and, as a participating state of the Or- MENT.—Notwithstanding any provision of same extent as such section applies to the ganization for Security and Cooperation in title IV of the Trade Act of 1974 (19 U.S.C. People’s Republic of China. Europe (in this Act referred to as the 2431 et seq.), the President may— SEC. 6. EXERCISE OF CONGRESSIONAL OVER- ‘‘OSCE’’), is committed to developing a sys- (1) determine that such title should no SIGHT OVER WTO ACCESSION NEGO- tem of governance in accordance with the longer apply to the Russian Federation; and TIATIONS. principles regarding human rights and hu- (2) after making a determination under (a) NOTICE OF AGREEMENT ON ACCESSION TO manitarian affairs that are set forth in the paragraph (1) with respect to the Russian WTO BY RUSSIAN FEDERATION.—Not later Final Act of the Conference on Security and Federation, proclaim the extension of non- than 5 days after the date on which the Cooperation in Europe (also known as the discriminatory treatment (normal trade re- United States has entered into a bilateral ‘‘Helsinki Final Act’’) and successive docu- lations treatment) to the products of that agreement with the Russian Federation on ments; country. the terms of accession by the Russian Fed- (4) the Russian Federation is committed to (b) TERMINATION OF APPLICATION OF TITLE eration to the World Trade Organization, the addressing issues relating to its national and IV.—On and after the effective date of the President shall so notify the Congress, and religious minorities as a participating state extension under subsection (a)(2) of non- the President shall transmit to the Congress, of the OSCE, to adopting measures to ensure discriminatory treatment to the products of not later than 15 days after that agreement that persons belonging to national minori- the Russian Federation, chapter 1 of title IV is entered into, a report that sets forth the ties have full equality both individually and of the Trade Act of 1974 shall cease to apply provisions of that agreement. communally, and to respecting the independ- to that country. (b) RESOLUTION OF DISAPPROVAL.— ence of minority religious communities, al- SEC. 3. POLICY OF THE UNITED STATES. (1) INTRODUCTION.—If a resolution of dis- though problems still exist regarding the It is the policy of the United States to re- approval is introduced in the House of Rep- registration of religious groups, visa, and im- main fully committed to a multifaceted en- resentatives or the Senate during the 30-day

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3744 CONGRESSIONAL RECORD — SENATE March 13, 2003 period (not counting any day which is ex- abilities Education Act, IDEA, this special education teachers are leaving cluded under section 154(b) of the Trade Act year. As we consider this legislation, the profession at almost twice the rate of 1974 (19 U.S.C. 2194(b)), beginning on the our greatest responsibility is to im- of general educators. Statistics con- date on which the President first notifies the prove the quality of the education that cerning the amount of time special Congress under subsection (a) of the agree- education teachers spend completing ment referred to in that subsection, that res- students with special needs receive. olution of disapproval shall be considered in One of the problems fostered by the paperwork are telling. 53 percent of accordance with this subsection. current system, which stands in direct special education teachers report that (2) RESOLUTION OF DISAPPROVAL.—In this contrast to our purpose, is the exces- routine duties and paperwork interfere subsection, the term ‘‘resolution of dis- sive paperwork burden imposed on our with their job to a great extent. They approval’’ means only a joint resolution of special education teachers. This burden spend an average of five hours per week the two Houses of the Congress, the matter takes valuable time away from class- on paperwork, compared to general after the resolving clause of which is as fol- room instruction and is a source of on- education teachers who spend an aver- lows: ‘‘That the Congress does not approve going frustration for the special edu- age of two hours per week. More than the agreement between the United States cation teachers working on the 60 percent of special education teachers and the Russian Federation on the terms of spend a half to one and a half days a accession by the Russian Federation to the frontlines. As a result, this undermines World Trade Organization, of which Congress the goal of providing the best quality week completing paperwork. One of the was notified on ll.’’, with the blank space education possible to all children. The biggest sources of paperwork, the indi- being filled with the appropriate date. Teacher Paperwork Reduction Act ad- vidualized education program, IEP, (3) PROCEDURES FOR CONSIDERING RESOLU- dresses this problem and seeks to offer averages between 8 and 16 pages long, TIONS.— solutions that will benefit special edu- and 83 percent of special education (A) INTRODUCTION AND REFERRAL.—Resolu- cation teachers and most importantly teachers report spending from a half to tions of disapproval— the children they instruct. one and a half days each week in IEP- (i) in the House of Representatives— relating meetings. (I) may be introduced by any Member of This bipartisan legislation includes four main provisions to correct the One special education teacher ex- the House; pressed her frustration with excessive (II) shall be referred to the Committee on problem of burdensome paperwork. Ways and Means and, in addition, to the First, the Department of Education, in paperwork to me. ‘‘I began my profes- Committee on Rules; and cooperation with state and local edu- sional career as a lawyer, but found (III) may not be amended by either Com- cational agencies, would be required to that I had a passion for interacting mittee; and reduce the amount of paperwork by 50 with and helping students and became (ii) in the Senate— percent within 18 months of enactment a teacher. However, I decided last year (I) may be introduced by any Member of that I could no longer work with spe- of the legislation and would be encour- the Senate; cial education students from my dis- aged to make additional reductions. (II) shall be referred to the Committee on trict. I came this decision reluctantly Second, the General Accounting Office, Finance; and and solely on the basis of the increas- GAO, would conduct a study to deter- (III) may not be amended. ing and burdensome amount of paper- (B) COMMITTEE DISCHARGE AND FLOOR CON- mine how much of the paperwork bur- work required for special education SIDERATION.—The provisions of subsections den is caused by Federal regulations (c) through (f) of section 152 of the Trade Act summer services. As a teacher, your compared to State and local regula- job is to interact, teach, and partici- of 1974 (19 U.S.C. 2192(c) through (f)) (relating tions; the number of mediations that to committee discharge and floor consider- pate in a student’s learning experience, ation of certain resolutions in the House and have been conducted since mediations in particular that of a student of spe- Senate) apply to a resolution of disapproval were required to be made available cial needs. As a result of the paperwork to the same extent as such subsections apply under the 1997 IDEA amendments; the and fear of lawsuits by school districts, to resolutions under such section. use of technology in reducing the pa- I am no longer able to interact with (c) RULES OF HOUSE OF REPRESENTATIVES perwork burden; and GAO would make my students.’’ AND SENATE.—Subsection (b) is enacted by recommendations on steps that Con- the Congress— There are three primary factors asso- gress, the U.S. Department of Edu- ciated with burdensome paperwork. (1) as an exercise of the rulemaking power cation, and the States and local dis- of the House of Representatives and the Sen- The first factor is federal regulations. ate, respectively, and as such are deemed a tricts can take to reduce this burden The 1997 IDEA regulations set forth the part of the rules of each House, respectively, within six months of the passage of necessary components of the IEP and and such procedures supersede other rules this legislation. require teachers to complete an array only to the extent that they are inconsistent Third, mediation would be manda- of paperwork in addition to the IEP. with such other rules; and tory for all legal disputes related to In- According to the National School (2) with the full recognition of the con- dividual Education Programs, IEPs, to Boards Association, NSBA, ‘‘These re- stitutional right of either House to change better empower parents and schools to quirements result in consuming sub- the rules (so far as relating to the procedures focus resources on a quality education of that House) at any time, in the same man- stantial hours per child and cumula- ner, and to the same extent as any other rule for children rather than unnecessary tively are having a negative impact on of that House. litigation within one year of enact- special educators and their function.’’ ment of this legislation. Fourth, the Second, there are misconceptions at By Mr. SANTORUM (for himself Department of Education is directed to the state and local levels regarding and Mr. MILLER): conduct research to determine best Federal regulations that result in addi- S. 626. A bill to reduce the amount of practices for successful mediation, in- tional requirements imposed by the paperwork for special education teach- cluding training practices, that can States and local school districts. The ers, to make mediation mandatory for help contribute to the effort to reduce U.S. Department of Education com- all legal disputes related to individual- paperwork, improve student outcomes, piled a sample IEP with all the nec- ized education programs, and for other and free up teacher resources for teach- essary components, and it is five pages purposes; to the Committee on Health, ing. The Department would also pro- long. However, most IEPs are much Education, Labor, and Pensions. vide mediation training support serv- longer. The third factor is litigation Mr. SANTORUM. Mr. President, ices to support state and local efforts. and the threat of litigation. In order to today, I am pleased to introduce, along The resources to fund these require- be prepared for due process hearings with my colleague Senator MILLER, the ments would come from money appro- and court proceedings, school district bipartisan Teacher Paperwork Reduc- priated through Part D of IDEA. officials often require extensive docu- tion Act of 2003. During the 107th Con- The Council for Exceptional Chil- mentation so that they are able to gress, we were successful in legislating dren, CEO, states, ‘‘No barrier is so irk- prove that a free appropriate public sweeping reforms in education with the some to special educators as the paper- education, FAPE, was provided to the passage of the No Child Left Behind work that keeps them from teaching.’’ special education student. Act. This year we hope to complete re- According to a CEC report, concerns A key provision of the bill makes me- authorization of another important about paperwork ranked third among diation mandatory for all legal dis- federal education initiative—the reau- special education teachers, out of a list putes related to IEPs. There are sev- thorization of the Individuals with Dis- of 10 issues. The CEC also reports that eral benefits to using mediation as an

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3745 alternative to due process hearings and cards, and fund transfers for unlawful ‘‘(E) does not include— court proceedings. According to the Internet gambling, and for other pur- ‘‘(i) any activity governed by the securities Consortium for Appropriate Dispute poses; to the Committee on Banking, laws (as that term is defined in section Resolution in Special Education, Housing, and Urban Affairs. 3(a)(47) of the Securities Exchange Act of CADRE, mediation is a constructive Mr. KYL. Mr. President, I ask unani- 1934) for the purchase or sale of securities (as that term is defined in section 3(a)(10) of option for children, parents, and teach- mous consent that the text of the bill such Act); ers and allows families to maintain a be printed in the RECORD. ‘‘(ii) any transaction conducted on or sub- positive relationship with teachers and There being no objection, the bill was ject to the rules of a registered entity or ex- service providers. Parents have the ordered to be printed in the RECORD, as empt board of trade pursuant to the Com- benefit of working together with edu- follows: modity Exchange Act; cator and service providers as partners S. 627 ‘‘(iii) any over-the-counter derivative in- strument; instead of as adversaries. If an agree- Be it enacted by the Senate and House of Rep- ment cannot be reached as a result of resentatives of the United States of America in ‘‘(iv) any other transaction that— mediation, parties to the dispute would Congress assembled, ‘‘(I) is excluded or exempt from regulation under the Commodity Exchange Act; or retain existing due process and legal SECTION 1. SHORT TITLE. ‘‘(II) is exempt from State gaming or buck- This Act may be cited as the ‘‘Unlawful options. et shop laws under section 12(e) of the Com- Internet Gambling Funding Prohibition Mediation is also a much less costly, modity Exchange Act or section 28(a) of the Act’’. less time consuming alternative for all Securities Exchange Act of 1934; parties concerned. Parents do not have SEC. 2. FINDINGS. ‘‘(v) any contract of indemnity or guar- to pay for mediation sessions, because Congress finds that— antee; under the 1997 IDEA amendments, (1) Internet gambling is primarily funded ‘‘(vi) any contract for insurance; States are required to bear the cost for through personal use of payment system in- ‘‘(vii) any deposit or other transaction mediation. States and local districts struments, credit cards, and wire transfers; with an insured institution; (2) the National Gambling Impact Study ‘‘(viii) any participation in a simulation save a lot of money as well. According Commission in 1999 recommended the pas- to the Michigan Special Education Me- sports game, or an educational game or con- sage of legislation to prohibit wire transfers test, that— diation Program, MSEMP, the average to Internet gambling sites or the banks ‘‘(I) is not dependent solely on the outcome hearing cost to the state is $40,000; it which represent them; of any single sporting event or nonpartici- pays approximately $700 per mediation (3) Internet gambling is a growing cause of pant’s singular individual performance in session. The NSBA reports that attor- debt collection problems for insured deposi- any single sporting event; ney fees for school districts average be- tory institutions and the consumer credit in- ‘‘(II) has an outcome that reflects the rel- tween $10,000 to $25,000. In contrast, the dustry; ative knowledge and skill of the partici- (4) Internet gambling conducted through Pennsylvania Bureau of Education says pants, with such outcome determined pre- offshore jurisdictions has been identified by dominantly by accumulated statistical re- that it pays mediators $250 per session. United States law enforcement officials as a The cost effectiveness of mediation is sults of sporting events; and significant money laundering vulnerability; ‘‘(III) offers a prize or award to a partici- apparent. Not only does mediation save (5) gambling through the Internet, which pant that is established in advance of the money, it saves time as well. According has grown rapidly in the half-decade pre- game or contest and is not determined by to the Washington State Department ceding the enactment of this Act, opens up the number of participants or the amount of of Education, a mediation session may the possibility of immediate, individual, 24- any fees paid by those participants; or generally be scheduled within 14 days hour access in every home to the full range ‘‘(ix) any lawful transaction with a busi- of a parental request, whereas it may of wagering opportunities on sporting events ness licensed or authorized by a State. or casino-like contests, such as roulette, slot ‘‘(2) BUSINESS OF BETTING OR WAGERING.— take up to a year to secure a court machines, poker, or black-jack; and date. The term ‘business of betting or wagering’ (6) the extent to which gambling is per- does not include, other than for purposes of Most importantly, mediation is a mitted and regulated in the United States successful alternative to due process section 5366, any creditor, credit card issuer, has been primarily a matter for determina- insured institution, or other financial insti- hearings. At least some form of agree- tion by individual States and, if applicable, tution, operator of a terminal at which an ment is reached in 80 percent of ses- Indian tribes, with Federal law serving to electronic fund transfer may be initiated, sions nationwide. In Pennsylvania, 85 prevent interstate or other attempts to money transmitting business, or inter- percent of voluntary special education evade or avoid such determinations. national, national, regional, or local net- mediations end in agreement in which SEC. 3. PROHIBITION ON ACCEPTANCE OF ANY work utilized to effect a credit transaction, both parties are satisfied. According to PAYMENT SYSTEM INSTRUMENT, electronic fund transfer, stored value prod- CREDIT CARD, OR FUND TRANSFER uct transaction, or money transmitting serv- the New York State Dispute Resolu- FOR UNLAWFUL INTERNET GAM- tion Association, mediation ending in BLING. ice, or any participant in such network, or resolution of the conflict occurs for 75 Chapter 53 of title 31, United States Code, any interactive computer service or tele- communications service. percent of referrals, and in Wisconsin, is amended by adding at the end the fol- lowing: ‘‘(3) DESIGNATED PAYMENT SYSTEM.—The approximately 84 percent of those who term ‘designated payment system’ means chose mediation would use it again. ‘‘SUBCHAPTER IV—FUNDING OF any system utilized by any creditor, credit The Teacher Paperwork Reduction ILLEGAL INTERNET GAMBLING card issuer, financial institution, operator of Act is meant to alleviate a serious ‘‘§ 5361. Definitions a terminal at which an electronic fund trans- problem that causes frustration and ‘‘For purposes of this subchapter, the fol- fer may be initiated, money transmitting discouragement among dedicated spe- lowing definitions shall apply: business, or international, national, re- cial education teachers who expend en- ‘‘(1) BET OR WAGER.—The term ‘bet or gional, or local network utilized to effect a ergy and countless hours in order to wager’— credit transaction, electronic fund transfer, ‘‘(A) means the staking or risking by any stored value product transaction, or money give students with disabilities an equal person of something of value upon the out- transmitting service, or any participant in opportunity to learn. It is only fair and come of a contest of others, a sporting event, such network, that the Secretary, in con- right to find ways to reduce paperwork or a game subject to chance, upon an agree- sultation with the Board of Governors of the in order to give teachers more time to ment or understanding that the person or an- Federal Reserve System and the Attorney spend educating our students and other person will receive something of value General of the United States, determines, by changing their lives, and less time wad- in the event of a certain outcome; regulation or order, could be utilized in con- ing through stacks of paper. I would in- ‘‘(B) includes the purchase of a chance or nection with, or to facilitate, any restricted vite my colleagues to join us in cospon- opportunity to win a lottery or other prize transaction. soring this legislation to help teachers, (which opportunity to win is predominantly ‘‘(4) INTERNET.—The term ‘Internet’ means subject to chance); the international computer network of inter- schools, and parents provide a better ‘‘(C) includes any scheme of a type de- operable packet switched data networks. education for all students so that no scribed in section 3702 of title 28, United ‘‘(5) INTERACTIVE COMPUTER SERVICE.—The child is left behind. States Code; term ‘interactive computer service’ has the ‘‘(D) includes any instructions or informa- same meaning as in section 230(f) of the Com- By Mr. KYL (for himself, Mr. tion pertaining to the establishment or munications Act of 1934. SHELBY, and Mrs. FEINSTEIN): movement of funds in, to, or from an account ‘‘(6) OFFICE.—The term ‘Office’ means the S. 627. A bill to prevent the use of by the bettor or customer with regard to the Office of Electronic Funding Oversight, es- certain payments instruments, credit business of betting or wagering; and tablished under section 5362.

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‘‘(7) RESTRICTED TRANSACTION.—The term identify restricted transactions by means of ‘‘(1) credit, or the proceeds of credit, ex- ‘restricted transaction’ means any trans- codes in authorization messages or by other tended to or on behalf of such other person action or transmittal involving any credit, means; (including credit extended through the use of funds, instrument, or proceeds described in ‘‘(2) block restricted transactions identi- a credit card); any paragraph of section 5363 which the re- fied as a result of the policies and procedures ‘‘(2) an electronic fund transfer or funds cipient is prohibited from accepting under developed pursuant to paragraph (1); and transmitted by or through a money trans- section 5363. ‘‘(3) prevent the acceptance of the products mitting business, or the proceeds of an elec- ‘‘(8) SECRETARY.—The term ‘Secretary’ or services of the payment system in connec- tronic fund transfer or money transmitting means the Secretary of the Treasury. tion with a restricted transaction. service, from or on behalf of such other per- ‘‘(9) UNLAWFUL INTERNET GAMBLING.—The ‘‘(c) REQUIREMENTS FOR POLICIES AND PRO- son; term ‘unlawful Internet gambling’ means the CEDURES.—In prescribing regulations pursu- ‘‘(3) any check, draft, or similar instru- placing, receipt, or other transmission of a ant to subsection (b), the Office shall— ment which is drawn by or on behalf of such bet or wager by any means which involves ‘‘(1) identify types of policies and proce- other person and is drawn on or payable at or the use, at least in part, of the Internet, dures, including nonexclusive examples, through any financial institution; or where such bet or wager is unlawful under which would be deemed to be ‘reasonably de- ‘‘(4) the proceeds of any other form of fi- any applicable Federal or State law in the signed to identify’ and ‘reasonably designed nancial transaction, as the Secretary may State in which the bet or wager is initiated, to block’ or to ‘prevent the acceptance of the prescribe by regulation, which involves a fi- received, or otherwise made. products or services’ with respect to each nancial institution as a payor or financial ‘‘(10) OTHER TERMS.— type of transaction, such as, should credit intermediary on behalf of or for the benefit ‘‘(A) CREDIT; CREDITOR; CREDIT CARD; AND card transactions be so designated, identi- of such other person. CARD ISSUER.—The terms ‘credit’, ‘creditor’, fying transactions by a code or codes in the ‘‘§ 5364. Civil remedies ‘credit card’, and ‘card issuer’ have the same authorization message and denying author- ‘‘(a) JURISDICTION.—The district courts of meanings as in section 103 of the Truth in ization of a credit card transaction in re- the United States shall have original and ex- Lending Act. sponse to an authorization message; clusive jurisdiction to prevent and restrain ‘‘(B) ELECTRONIC FUND TRANSFER.—The ‘‘(2) to the extent practical, permit any violations of this subchapter or the rules or term ‘electronic fund transfer’— participant in a payment system to choose regulations issued under this subchapter by ‘‘(i) has the same meaning as in section 903 among alternative means of identifying and issuing appropriate orders in accordance of the Electronic Fund Transfer Act, except blocking, or otherwise preventing the ac- with this section, regardless of whether a that such term includes transfers that would ceptance of the products or services of the prosecution has been initiated under this otherwise be excluded under section 903(6)(E) payment system or participant in connection subchapter. of that Act; and with, restricted transactions; and ‘‘(b) PROCEEDINGS.— ‘‘(ii) includes any fund transfer covered by ‘‘(3) consider exempting restricted trans- ‘‘(1) INSTITUTION BY FEDERAL GOVERN- Article 4A of the Uniform Commercial Code, actions from any requirement imposed under MENT.— as in effect in any State. such regulations, if the Office finds that it is ‘‘(A) IN GENERAL.—The United States, act- ‘‘(C) FINANCIAL INSTITUTION.—The term ‘fi- not reasonably practical to identify and ing through the Attorney General, or, in the nancial institution’ has the same meaning as block, or otherwise prevent, such trans- case of rules or regulations issued under this in section 903 of the Electronic Fund Trans- actions. subchapter, through an agency authorized to fer Act, except that such term does not in- ‘‘(d) COMPLIANCE WITH PAYMENT SYSTEM enforce such regulations in accordance with clude a casino, sports book, or other business POLICIES AND PROCEDURES.—A creditor, cred- this subchapter, may institute proceedings at or through which bets or wagers may be it card issuer, financial institution, operator under this section to prevent or restrain a placed or received. of a terminal at which an electronic fund violation or a threatened violation of this ‘‘(D) INSURED INSTITUTION.—The term ‘in- transfer may be initiated, money transmit- subchapter or such rules or regulations. sured institution’ means— ting business, or international, national, re- ‘‘(B) RELIEF.—Upon application of the ‘‘(i) an insured depository institution, as gional, or local network utilized to effect a United States under this paragraph, the dis- defined in section 3 of the Federal Deposit credit transaction, electronic fund transfer, trict court may enter a preliminary injunc- Insurance Act; and stored value product transaction, or money tion or an injunction against any person to ‘‘(ii) an insured credit union, as defined in transmitting service, or a participant in prevent or restrain a violation or threatened section 101 of the Federal Credit Union Act. such network, shall be considered to be in violation of this subchapter or the rules or ‘‘(E) MONEY TRANSMITTING BUSINESS AND compliance with the regulations prescribed regulations issued under this subchapter, in MONEY TRANSMITTING SERVICE.—The terms under subsection (b), if— accordance with rule 65 of the Federal Rules ‘money transmitting business’ and ‘money ‘‘(1) such person relies on and complies of Civil Procedure. transmitting service’ have the same mean- with the policies and procedures of a des- ‘‘(2) INSTITUTION BY STATE ATTORNEY GEN- ings as in section 5330(d) (determined with- ignated payment system of which it is a ERAL.— out regard to any regulations issued by the member or participant— ‘‘(A) IN GENERAL.—The attorney general of Secretary thereunder). ‘‘(A) to identify and block restricted trans- a State (or other appropriate State official) ‘‘§ 5362. Office of electronic funding oversight; actions; or in which a violation of this subchapter alleg- policies and procedures to identify and pre- ‘‘(B) to otherwise prevent the acceptance edly has occurred or will occur may institute vent restricted transactions of the products or services of the payment proceedings under this section to prevent or ‘‘(a) ESTABLISHMENT OF TREASURY OF- system, member, or participant in connec- restrain the violation or threatened viola- FICE.— tion with restricted transactions; and tion. ‘‘(1) IN GENERAL.—There is established ‘‘(2) such policies and procedures of the ‘‘(B) RELIEF.—Upon application of the at- within the Department of the Treasury, the designated payment system comply with the torney general (or other appropriate State Office of Electronic Funding Oversight, the requirements of regulations prescribed under official) of an affected State under this para- purposes of which are— subsection (b). graph, the district court may enter a pre- ‘‘(A) to coordinate Federal efforts to pro- ‘‘(e) NO LIABILITY FOR BLOCKING OR REFUS- liminary injunction or an injunction against hibit restricted transactions; and ING TO HONOR RESTRICTED TRANSACTIONS.—A any person to prevent or restrain a violation ‘‘(B) otherwise to carry out the duties of person that is subject to a regulation pre- or threatened violation of this subchapter, in the Office, as specified in this subchapter. scribed or order issued under this subchapter accordance with rule 65 of the Federal Rules and blocks, or otherwise refuses to honor, a ‘‘(2) DIRECTOR.—The Office shall be headed of Civil Procedure. by a Director, appointed by the Secretary. restricted transaction, or as a member of a ‘‘(3) INDIAN LANDS.— The director of the Office may serve as the designated payment system relies on the ‘‘(A) IN GENERAL.—Notwithstanding para- designee of the Secretary, at the request of policies and procedures of the payment sys- graphs (1) and (2), for a violation of this sub- tem, in an effort to comply with regulations the Secretary, for any purpose under this chapter or the rules or regulations issued prescribed under this section, shall not be subchapter. under this subchapter that is alleged to have liable to any party for such action. ‘‘(b) REGULATIONS.—Not later than 6 occurred, or may occur, on Indian lands (as ‘‘(f) REGULATORY ENFORCEMENT.—Regula- months after the date of enactment of this that term is defined in section 4 of the In- subchapter, the Office, in consultation with tions issued by the Office under this sub- dian Gaming Regulatory Act)— the Board of Governors of the Federal Re- chapter shall be enforced by the Federal ‘‘(i) the United States shall have the en- serve System and the Attorney General of functional regulators and the Federal Trade forcement authority provided under para- the United States, shall prescribe regula- Commission, in the manner provided in sec- graph (1); and tions requiring any designated payment sys- tion 505(a) of the Gramm-Leach-Bliley Act. ‘‘(ii) the enforcement authorities specified tem, and all participants therein, to estab- ‘‘§ 5363. Prohibition on acceptance of any in an applicable Tribal-State compact nego- lish policies and procedures reasonably de- bank instrument for unlawful internet tiated under section 11 of the Indian Gaming signed to identify and prevent restricted gambling Regulatory Act shall be carried out in ac- transactions through the establishment of ‘‘No person engaged in the business of bet- cordance with that compact. policies and procedures that— ting or wagering may knowingly accept, in ‘‘(B) RULE OF CONSTRUCTION.—No provision ‘‘(1) allow the payment system and any connection with the participation of another of this subchapter shall be construed as al- person involved in the payment system to person in unlawful Internet gambling— tering, superseding, or otherwise affecting

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3747 the application of the Indian Gaming Regu- ‘‘(2) the history of such person in extending or at which unlawful bets or wagers are of- latory Act. credit or transmitting funds when such per- fered to be placed, received, or otherwise ‘‘(c) EXPEDITED PROCEEDINGS.—In addition son knew or should have known that the made.’’. to any proceeding under subsection (b), a dis- transaction is in connection with unlawful SEC. 4. INTERNET GAMBLING IN OR THROUGH trict court may, in exigent circumstances, Internet gambling; FOREIGN JURISDICTIONS. enter a temporary restraining order against ‘‘(3) the extent to which such person has (a) IN GENERAL.—In deliberations between a person alleged to be in violation of this established and is maintaining policies and the United States Government and any other subchapter or the rules or regulations issued procedures in compliance with rules and reg- country on money laundering, corruption, under this subchapter, upon application of ulations issued under this subchapter; and crime issues, the United States Govern- the United States under subsection (b)(1), or ‘‘(4) the extent to which it is feasible for ment should— the attorney general (or other appropriate any specific remedy prescribed as part of (1) encourage cooperation by foreign gov- State official) of an affected State under sub- such relief to be implemented by such person ernments and relevant international fora in section (b)(2), in accordance with rule 65(b) without substantial deviation from normal identifying whether Internet gambling oper- of the Federal Rules of Civil Procedure. business practice; and ations are being used for money laundering, ‘‘(d) LIMITATION RELATING TO INTERACTIVE ‘‘(5) the costs and burdens that the specific corruption, or other crimes; COMPUTER SERVICES.— remedy will have on such person. (2) advance policies that promote the co- ‘‘(1) IN GENERAL.—Relief granted under this ‘‘(f) NOTICE TO REGULATORS AND FINANCIAL operation of foreign governments, through section against an interactive computer INSTITUTIONS.—Before initiating any pro- information sharing or other measures, in service shall— ceeding under subsection (b) with respect to the enforcement of this Act and the amend- ‘‘(A) be limited to the removal of, or dis- a violation or potential violation of this sub- ments made by this Act; and abling of access to, an online site violating chapter or the rules or regulations issued (3) encourage the Financial Action Task this subchapter, or a hypertext link to an under this subchapter by any creditor, credit Force on Money Laundering, in its annual online site violating this subchapter, that re- card issuer, financial institution, operator of report on money laundering typologies, to sides on a computer server that such service a terminal at which an electronic fund trans- study the extent to which Internet gambling controls or operates, except that the limita- fer may be initiated, money transmitting operations are being used for money laun- tion in this subparagraph shall not apply if business, or international, national, re- dering purposes. the service is subject to liability under this gional, or local network utilized to effect a (b) REPORT REQUIRED.—The Secretary of section pursuant to section 5366; credit transaction, electronic fund transfer, the Treasury shall submit an annual report ‘‘(B) be available only after notice to the stored value product transaction, or money to Congress on any deliberations between the interactive computer service and an oppor- transmitting service, or any participant in United States and other countries on issues tunity for the service to appear are provided; such network, the Attorney General of the relating to Internet gambling. ‘‘(C) not impose any obligation on an inter- United States, an attorney general of a State SEC. 5. AMENDMENTS TO CRIMINAL GAMBLING active computer service to monitor its serv- (or other appropriate State official), or an PROVISIONS. ice or to affirmatively seek facts indicating agency authorized to initiate such pro- (a) AMENDMENT TO DEFINITION.—Section activity violating this subchapter; ceeding under this subchapter, shall— 1081 of title 18, United States Code, is amend- ‘‘(D) specify the interactive computer serv- ‘‘(1) notify such person, and the appro- ed— ice to which it applies; and priate regulatory agency (as determined in (1) by designating the five undesignated ‘‘(E) specifically identify the location of accordance with section 5362(f) for such per- paragraphs that begin with ‘‘The term’’ as the online site or hypertext link to be re- son) of such violation or potential violation paragraphs (1) through (5), respectively; and moved or access to which is to be disabled. and the remedy to be sought in such pro- (2) in paragraph (5), as so designated— ceeding; and ‘‘(2) COORDINATION WITH OTHER LAW.—An (A) by striking ‘‘wire communication’’ and interactive computer service that does not ‘‘(2) allow such person 30 days to imple- inserting ‘‘communication’’; violate this subchapter shall not be liable ment a reasonable remedy for the violation (B) by inserting ‘‘satellite, microwave,’’ under section 1084 of title 18, United States or potential violation, consistent with the after ‘‘cable,’’; and Code, except that the limitation in this para- factors described in subsection (e), and in (C) by inserting ‘‘(whether fixed or mo- graph shall not apply if an interactive com- conjunction with such action as the appro- bile)’’ after ‘‘connection’’. puter service has actual knowledge and con- priate regulatory agency may take. (b) INCREASE IN PENALTY FOR UNLAWFUL trol of bets and wagers and— ‘‘§ 5365. Criminal penalties WIRE TRANSFERS OF WAGERING INFORMA- ‘‘(A) operates, manages, supervises, or di- ‘‘(a) IN GENERAL.—Whoever violates this TION.—Section 1084(a) of title 18, United rects an Internet website at which unlawful subchapter or the rules or regulations issued States Code, is amended by striking ‘‘two bets or wagers may be placed, received, or under this subchapter shall be fined under years’’ and inserting ‘‘5 years’’. otherwise made or at which unlawful bets or title 18, United States Code, or imprisoned wagers are offered to be placed, received, or for not more than 5 years, or both. By Mr. STEVENS (for himself, otherwise made; or ‘‘(b) PERMANENT INJUNCTION.—Upon convic- Ms. MIKULSKI, Mr. BOND, and ‘‘(B) owns or controls, or is owned or con- tion of a person under this section, the court Ms. MURKOWSKI): trolled by, any person who operates, man- may enter a permanent injunction enjoining S. 628. A bill to require the construc- ages, supervises, or directs an Internet such person from placing, receiving, or oth- tion at Arlington National Cemetery of website at which unlawful bets or wagers erwise making bets or wagers or sending, re- a memorial to the crew of the Columbia may be placed, received, or otherwise made, ceiving, or inviting information assisting in Orbiter; ordered held at the desk. or at which unlawful bets or wagers are of- the placing of bets or wagers. Mr. STEVENS. Madam President, on fered to be placed, received, or otherwise ‘‘§ 5366. Circumventions prohibited February 1, 2003, the Space Shuttle Co- made. ‘‘Notwithstanding section 5361(2), a cred- lumbia was lost during re-entry into ‘‘(3) RULE OF CONSTRUCTION.—The provi- itor, credit card issuer, financial institution, sions of paragraph (2) do not affect any po- operator of a terminal at which an electronic Earth’s atmosphere. We all mourn that tential liability of an interactive computer fund transfer may be initiated, money trans- tragic loss. But although our hearts service or other person under any provision mitting business, or international, national, have been filled with sorrow, we have of title 18, United States Code, other than as regional, or local network utilized to effect a also taken comfort in the knowledge specifically provided in paragraph (2). credit transaction, electronic fund transfer, that there was so much about these he- ‘‘(e) FACTORS TO BE CONSIDERED IN CERTAIN stored value product transaction, or money roic astronauts for us to be grateful CASES.—In considering granting relief under transmitting service, or any participant in for. this section against any payment system, or such network, or any interactive computer They were, indeed, remarkable peo- any participant in a payment system that is service or telecommunications service, may ple for they truly represented the best a creditor, credit card issuer, financial insti- be liable under this subchapter if such cred- tution, operator of a terminal at which an itor, issuer, institution, operator, business, of the human spirit. As such, it is only electronic fund transfer may be initiated, network, or participant has actual knowl- fitting that we endeavor to remember money transmitting business, or inter- edge and control of bets and wagers, and— them for their outstanding contribu- national, national, regional, or local net- ‘‘(1) operates, manages, supervises, or di- tions. work utilized to effect a credit transaction, rects an Internet website at which unlawful Today, along with Senators BOND and electronic fund transfer, stored value prod- bets or wagers may be placed, received, or MIKULSKI, I introduce legislation to uct transaction, or money transmitting serv- otherwise made, or at which unlawful bets or construct a memorial to the crew of ice, or a participant in such network, the wagers are offered to be placed, received, or the Columbia Orbiter at Arlington Na- court shall consider— otherwise made; or ‘‘(1) the extent to which the person extend- ‘‘(2) owns or controls, or is owned or con- tional Cemetery. ing credit or transmitting funds knew or trolled by, any person who operates, man- This memorial would be located in should have known that the transaction was ages, supervises, or directs an Internet close proximity to the memorial to the in connection with unlawful Internet gam- website at which unlawful bets or wagers crew of the Challenger Orbiter at Ar- bling; may be placed, received, or otherwise made, lington Cemetery and that the design

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3748 CONGRESSIONAL RECORD — SENATE March 13, 2003 of the Columbia Memorial is intended rable men and women in uniform will disorder is dangerous too. Again, we to be consistent with the artistic sen- be successful in any military engage- need to understand the risks, and we sibilities of the Challenger Memorial. ment, I do have doubts about whether need to understand the plan. This legislation would authorize the or not the American people truly un- This resolution requires the Adminis- Secretary of the Army, in consultation derstand the magnitude of the task the tration to explain the plan for sta- with NASA, to place the Columbia Me- country is setting for itself—not only bilization and reconstruction. Earlier morial at Arlington and would make with regard to the military engage- this week the Senate Foreign Relations available $500,000 from funds already ment itself, but with regard to occupa- Committee held a hearing on recon- appropriated in the Fiscal Year 2003 tion and reconstruction. struction in Iraq. We had hoped to get DOD Appropriations Act for the Memo- I do not believe that Americans have answers to some of the basic questions rial. been told much about what the future that senior officials from the State and The bill also authorizes NASA to col- holds beyond the most optimistic of Defense Departments were utterly un- lect gifts and donations for the Colum- scenarios, and frankly I do not believe able to respond to as recently as Feb- bia Memorial at Arlington Cemetery or that Congress has heard much about ruary. But the Administration can- for another appropriate memorial or the full range of potential scenarios ei- celed the appearance of General Jay monument. This authority to collect ther. Garner, the director for the Pentagon’s donations and gifts expires after 5 This resolution would require that Office of Reconstruction and Humani- years. the President provide that information tarian Assistance, who was slated to We will never forget the wonderful before ordering our men and women in come before the committee. And so the legacy of the Columbia astronauts. uniform to war in Iraq. Foreign Relations Committee of the They have been an inspiration to us The resolution asks for a full ac- United States Senate is left scanning all. counting of the implications for home- the newspapers to get a sense of Ad- Lastly, I take this opportunity to in- land security of initiating military ac- ministration plans, extrapolating from vite any Senator to join with me in co- tion against Iraq. It asks for an ac- tidbits in the press to understand po- sponsoring this legislation to establish counting of the implications for the tential costs, and quizzing very capable this memorial to these outstanding in- fight against terrorism. It asks for an experts—but experts not privy to Ad- dividuals. accounting of the implications for re- ministration planning—about the uni- I ask unanimous consent that the bill gional stability in the Middle East, and verse of possibilities. This is simply un- be held at the desk until the close of for an accounting of the implications acceptable. business Wednesday, March 19, so that of war in Iraq for the proliferation of This resolution calls for the Adminis- such Senators will be shown as original weapons of mass destruction. tration to clearly report to Congress on cosponsors of this legislation. It is my This resolution recognizes that there the nature and extent of the inter- further hope that this bill will be may be positive and negative implica- national support for military action speedily cleared on each side of the tions to consider. It does not pre-judge against Iraq and the impact of military aisle so that it may be sent to the these issues. But it does acknowledge action against Iraq on allied support House next week, if at all possible. I that Members of Congress, the elected for the broader war on terrorism. I be- send the bill to the desk, Madam Presi- representatives of the people, should be lieve that this is the single most im- dent. privy to the thinking of our experts portant issue before us. I know that I The PRESIDING OFFICER. Without and leaders in the executive branch disagree with some of my colleagues on objection, it is so ordered. The bill will about the effect of war in Iraq on all of the wisdom of the Administration’s be held at the desk until the close of these issues. It is our responsibility to policy in Iraq. But I am certain that business, Wednesday, March 19. weigh these questions, to weigh the none of us disagree on the proposition consequences of starting a war. that the first priority of all of us in By Mr. FEINGOLD: And, while I do not doubt for a mo- government must be the fight against S.J. Res. 9. A joint resolution requir- ment the skills and competence of our terrorism. And we all know that we ing the President to report to Congress brave service men and women, I do cannot fight terrorism alone. But I specific information relating to certain know that their efforts alone are not have heard directly from foreign offi- possible consequences of the use of enough to ensure a lasting victory. It cials who are telling me that it will be United States Armed Forces against is crucial to the ultimate success of more difficult for them to be strong Iraq; to the Committee on Foreign Re- U.S. policy, that the American people supporters of the fight against ter- lations. understand the potential risks and the rorism if the U.S. acts in Iraq without Mr. FEINGOLD. Mr. President, today potential rewards of this national un- the United Nations’ approval. I introduce a Senate companion to a dertaking. We are considering the This resolution calls on the Adminis- joint resolution already introduced in American military occupation of a tration to explain clearly the steps the House by Congressman SHERROD major Middle Eastern country, and we that it will take to protect United BROWN of Ohio. are considering this in a very dan- States soldiers, allied forces, and Iraqi This resolution is quite simple. It re- gerous time. This country must have civilians from any known or suspected quires the President to report to Con- its eyes open before we move forward. environmental hazards resulting from gress on the potential costs and con- This resolution also requires that the military operations. Everyone in this sequences of military action in Iraq be- administration explain to Congress the body has heard from veterans of the fore ordering the United States Armed steps that the United States and our Gulf War who suffer and struggle even Forces to war in Iraq. This is a resolu- allies will take to ensure that any and today, long after their period of sac- tion that simply requires that this all weapons of mass destruction will be rifice for their country should have country know what it is we are getting safeguarded from dispersal to other ended. Based on what we know from into before, not after, war breaks out. rogue states or international terrorist these veterans, it is entirely reasonable Of course, it is my hope, and I very organizations. If the goal is disar- to demand a plan now, not after the much believe the President when he as- mament, then defeating Saddam Hus- fact. serts that it is his hope, that there will sein’s forces is not going to accomplish The resolution also calls for the Ad- be no war. But judging from the admin- the mission at hand. Do we know where ministration to provide estimates of istration’s statements and Iraq’s be- the WMD sites are? One would assume the American and allied military cas- havior, with each passing day it be- that we would share that information ualties, Iraqi military casualties, and comes more and more likely that the with the inspectors if we had it. But if Iraqi civilian casualties resulting from United States will engage in a major we do not, how will we ensure that military action against Iraq, and meas- military operation in Iraq. It is en- WMD and the means to make them are ures that will be taken to prevent civil- tirely possible that we will undertake not dispersed across Iraq’s borders, or ian casualties and adhere to inter- this operation without a great deal of sold off to the highest bidder, in the national humanitarian law. I know international support. And while I have event of invasion. Saddam Huessein’s that America is a resilient society and no doubt in my mind that our admi- order is despicable and dangerous. But a resolute society. But I am not at all

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3749 sure that Americans have been pre- have a responsibility to anwser these ‘‘2. (a)(1) Notwithstanding the provisions of pared for anything but the best-case questions now, and to share the an- rule II or rule IV or any other rule of the scenario, and that is a disservice to the swers with our constituents, so that Senate, at any time a motion signed by 16 Senators, to bring to a close the debate upon American people and a disservice to this great country is operating not on any measure, motion, other matter pending our military. wishful thinking or simple ignorance, before the Senate, or the unfinished busi- This resolution calls for an estimate but with an understanding of the facts ness, is presented to the Senate, the Pre- of the full costs associated with mili- before us, and the awesome task ahead. siding Officer, or clerk at the direction of the tary action against Iraq, including, but Presiding Officer, shall at once state the mo- f not limited to, providing humanitarian tion to the Senate, and 1 hour after the Sen- aid to the Iraqi people and to neigh- SUBMITTED RESOLUTIONS ate meets on the following calendar day but boring nations in light of possible ref- 1, he shall lay the motion before the Senate and direct that the clerk call the roll, and ugee flows, reconstructing Iraq with or upon the ascertainment that a quorum is without allied support, and securing SENATE RESOLUTION 83—COM- present, the Presiding Officer shall, without long-term political stability in Iraq MENDING THE SERVICE OF DR. debate, submit to the Senate by a yea-and- and the region insofar as it is affected LLOYD J. OGILVIE, THE CHAP- nay vote the question: ‘‘Is it the sense of the by such military action. I can tell you LAIN OF THE UNITED STATES Senate that the debate shall be brought to a that right now in the Budget com- SENATE close?’’. mittee, we are flying blind, trying to ‘‘(2) If the question in clause (1) is agreed Mr. FRIST (for himself and Mr. to by three-fifths of the Senators duly cho- make fiscally responsible decisions for DASCHLE) submitted the following reso- sen and sworn—except on a measure or mo- the future while the Administration re- lution; which was considered and tion to amend the Senate rules, in which mains unwilling to provide an honest agreed to: case the necessary affirmative vote shall be accounting of what this war will cost, two-thirds of the Senators present and vot- S. RES. 83 or what it will cost to meet the human- ing—then that measure, motion, or other itarian needs of Iraq, or what the long Whereas Dr. Lloyd J. Ogilvie became the matter pending before the Senate, or the un- 61st Senate Chaplain on March 13, 1995, and finished business, shall be the unfinished process of reconstruction will cost. We has faithfully served the Senate for 8 years know that these are not small figures. business to the exclusion of all other busi- as Senate Chaplain; ness until disposed of. And unfortunately, it looks as though Whereas Dr. Ogilvie is the author of 49 ‘‘(3) After cloture is invoked, no Senator we will be proceeding without a great books, including ‘‘Facing the Future without shall be entitled to speak in all more than 1 deal of international support, meaning Fear’’; and hour on the measure, motion, or other mat- less burden-sharing and more shoul- Whereas Dr. Ogilvie graduated from Lake ter pending before the Senate, or the unfin- dering of this cost on our own. And Forest College, Garrett Theological Semi- ished business, the amendments thereto, and that is why this resolution also calls nary of Northwestern University and New motions affecting the same, and it shall be College, University of Edinburgh, Scotland, the duty of the Presiding Officer to keep the for an accounting of the anticipated and has served as a Presbyterian minister time of each Senator who speaks. Except by short and long term effects of military throughout his professional life, including unanimous consent, no amendment shall be action on the United States economy being the senior pastor at First Presbyterian proposed after the vote to bring the debate and the Federal budget. Church, Hollywood, California: Now, there- to a close, unless it had been submitted in I feel strongly that we should have fore, be it writing to the Journal Clerk by 1 o’clock demanded this information long ago. Resolved, That— p.m. on the day following the filing of the But we continue to ask, because Con- (1) the Senate hereby honors Dr. Lloyd J. cloture motion if an amendment in the first gress continues to have constitutional Ogilvie for his dedicated service as the Chap- degree, and unless it had been so submitted at least 1 hour prior to the beginning of the responsibilities. And I continue to hear lain of the United States Senate; and (2) the Secretary transmit an enrolled copy cloture vote if an amendment in the second from a tremendous number of my con- of this resolution to Dr. Ogilvie. degree. No dilatory motion, or dilatory stituents who are deeply concerned amendment, or amendment not germane about the prospect of a war with Iraq. f shall be in order. Points of order, including The sources of their concern and their SENATE RESOLUTION 84—PRO- questions of relevancy, and appeals from the views on the issue vary, but in vir- VIDING FOR MEMBERS ON THE decision of the Presiding Officer, shall be de- tually all cases, they want to under- cided without debate. PART OF THE SENATE OF THE ‘‘(4) After no more than 30 hours of consid- stand the range of options before us, JOINT COMMITTEE ON PRINTING eration of the measure, motion, or other and they are demanding more informa- AND THE JOINT COMMITTEE OF matter on which cloture has been invoked, tion about the costs and commitments CONGRESS ON THE LIBRARY the Senate shall proceed, without any fur- they will incur as a result of decisions ther debate on any question, to vote on the Mr. LOTT (for himself and Mr. DODD) that we make here. They are right to final disposition thereof to the exclusion of submitted the following resolution; insist on that information, to insist all amendments not then actually pending which was considered and agreed to: that we exercise some foresight here before the Senate at that time and to the ex- S. RES. 84 clusion of all motions, except a motion to and wrestle honestly with the con- table, or to reconsider and one quorum call Resolved, That the following named Mem- sequences that may follow from taking on demand to establish the presence of a bers be, and they are hereby, elected mem- military action. Without such a discus- quorum (and motions required to establish a bers of the following joint committees of quorum) immediately before the final vote sion, we cannot hope to answer the Congress: begins. The 30 hours may be increased by the most important question before us— JOINT COMMITTEE ON PRINTING: Mr. Cham- adoption of a motion, decided without de- will a given course of action make the bliss, Mr. Cochran, Mr. Smith, Mr. Inouye, bate, by a three-fifths affirmative vote of the U.S. more or less secure in the end. and Mr. Dayton. Senators duly chosen and sworn, and any I urge my colleagues to support this JOINT COMMITTEE OF CONGRESS ON THE LI- such time thus agreed upon shall be equally resolution, and to insist that the Ad- BRARY: Mr. Stevens, Mr. Lott, Mr. Cochran, divided between and controlled by the Major- ministration provide this information Mr. Dodd, and Mr. Schumer. ity and Minority Leaders or their designees. before war breaks out. I voted against f However, only one motion to extend time, the resolution authorizing the use of specified above, may be made in any 1 cal- force in Iraq last fall, because I was un- SENATE RESOLUTION 85—TO endar day. comfortable with the Administration’s AMEND PARAGRAPH 2 OF RULE ‘‘(5) If, for any reason, a measure or matter is reprinted after cloture has been invoked, shifting justifications for war, dissatis- XXII OF THE STANDING RULES OF THE SENATE amendments which were in order prior to the fied with the vague answers available reprinting of the measure or matter will con- at the time relating to our plans for Mr. MILLER submitted the following tinue to be in order and may be conformed dealing with weapons of mass destruc- resolution; which was referred to the and reprinted at the request of the amend- tion and reconstruction in Iraq, and Committee on Rules and Administra- ment’s sponsor. The conforming changes most of all, because I was concerned tion: must be limited to lineation and pagination. that this action would actually alien- ‘‘(6) No Senator shall call up more than 2 S. RES. 85 amendments until every other Senator shall ate key allies in the fight against ter- Resolved, That paragraph 2 of rule XXII of have had the opportunity to do likewise. rorism. But even those who voted dif- the Standing Rules of the Senate is amended ‘‘(7) Notwithstanding other provisions of ferently surely must believe that we to read as follows: this rule, a Senator may yield all or part of

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3750 CONGRESSIONAL RECORD — SENATE March 13, 2003 his 1 hour to the majority or minority floor self from the service of the Senate without tem, and the conservation of our Nation’s managers of the measure, motion, or matter leave; and rich natural heritage. Whereas, when it appears that evidence or to the Majority or Minority Leader, but f each Senator specified shall not have more under the control or in the possession of the than 2 hours so yielded to him and may in Senate may promote the administration of SENATE RESOLUTION 88—HON- turn yield such time to other Senators. justice, the Senate will take such action as ORING THE 80TH BIRTHDAY OF ‘‘(8) Notwithstanding any other provision will promote the ends of justice consistent JAMES L. BUCKLEY, FORMER of this rule, any Senator who has not used or with the privileges of the Senate: Now, UNITED STATES SENATOR FOR yielded at least 10 minutes, is, if he seeks therefore, be it recognition, guaranteed up to 10 minutes, in- Resolved, That Senator McConnell is au- THE STATE OF NEW YORK clusive, to speak only. thorized to provide testimony in the case of Mr. HATCH submitted the following ‘‘(9) After cloture is invoked, the reading of W. Curtis Shain v. G. Hunter Bates, et al., resolution; which was considered and any amendment, including House amend- except concerning matters for which a privi- agreed to: ments, shall be dispensed with when the pro- lege should be asserted and when his attend- S. RES. 88 posed amendment has been identified and ance at the Senate is necessary for the per- has been available in printed form at the formance of his legislative duties. Whereas James Buckley served in the desk of the Members for not less than 24 SEC. 2. The Senate Legal Counsel is author- United States Senate with great dedication, hours. ized to represent Senator McConnell in con- integrity, and professionalism as a trusted ‘‘(b)(1) If, upon a vote taken on a motion nection with any testimony authorized in colleague from the State of New York; presented pursuant to subparagraph (a), the section one of this resolution. Whereas James Buckley served with dis- Senate fails to invoke cloture with respect f tinction for more than a decade as a Circuit to a measure, motion, or other matter pend- Judge on the United States Court of Appeals ing before the Senate, or the unfinished busi- SENATE RESOLUTION 87—COM- for the District of Columbia Circuit; ness, subsequent motions to bring debate to MEMORATING THE CENTENNIAL Whereas James Buckley’s long and distin- a close may be made with respect to the ANNIVERSARY OF THE NA- guished career in public service also included same measure, motion, matter, or unfinished TIONAL WILDLIFE REFUGE SYS- serving in the U.S. Navy during World War business. It shall not be in order to file sub- TEM II, as Undersecretary of State for Security sequent cloture motions on any measure, Assistance, and as President of Radio Free motion, or other matter pending before the Mr. NELSON of Florida (for himself, Europe; Senate, except by unanimous consent, until Mr. GRAHAM of Florida, Mr. INHOFE, Whereas James Buckley celebrated his 80th the previous motion has been disposed of. Mr. JEFFORDS, Mr. DASCHLE, Mr. birthday earlier this week: Now, therefore, ‘‘(2) Such subsequent motions shall be CRAPO, Mr. KERRY, Ms. CANTWELL, Mr. be it made in the manner provided by, and subject LIEBERMAN, Mr. BINGAMAN, Mr. WAR- Resolved, That the Senate— to the provisions of, subparagraph (a), except (1) acknowledges and honors the tremen- NER, Mrs. MURRAY, Mrs. HUTCHISON, that the affirmative vote required to bring dous contributions made by James Buckley to a close debate upon that measure, motion, Ms. MIKULSKI, Mr. SARBANES, Mr. LAU- during his distinguished career to the execu- or other matter, or unfinished business TENBERG, Mr. CHAFEE, Mr. DURBIN, Mr. tive, legislative, and judicial branches of the (other than a measure or motion to amend LEAHY, Mr. LEVIN, Mr. HARKIN, Mr. United States; and Senate rules) shall be reduced by 3 votes on VOINOVICH, Mr. HOLLINGS, Mrs. BOXER, (2) congratulates and expresses best wishes the second such motion, and by 3 additional Mrs. FEINSTEIN, Mr. AKAKA, Mr. CON- to James Buckley on the celebration of his votes on each succeeding motion, until the RAD, Mr. ALLARD, Mr. DODD, and Mr. 80th birthday. affirmative vote is reduced to a number equal to or less than an affirmative vote of EDWARDS) submitted the following res- f a majority of the Senators duly chosen and olution; which was considered and SENATE RESOLUTION 89—HON- sworn. The required vote shall then be an af- agreed to: ORING THE LIFE OF FORMER firmative vote of a majority of the Senators S. RES. 87 GOVERNOR OF MINNESOTA duly chosen and sworn. The requirement of Whereas March 14, 2003, will mark the Cen- ORVILLE L. FREEMAN, AND EX- an affirmative vote of a majority of the Sen- tennial Anniversary of the National Wildlife ators duly chosen and sworn shall not be fur- PRESSING THE DEEPEST CONDO- Refuge System; LENCE OF THE SENATE TO HIS ther reduced upon any vote taken on any Whereas the United States Senate con- later motion made pursuant to this subpara- tinues to fully support the mission of the Na- FAMILY ON HIS DEATH graph with respect to that measure, motion, tional Wildlife Refuge System, and shares Mr. DAYTON (for himself and Mr. matter, or unfinished business.’’. President Theodore Roosevelt’s view that: COLEMAN) submitted the following res- f ‘‘Wild beasts and birds are by right not the olution; which was considered and property merely of the people who are alive agreed to: SENATE RESOLUTION 86—TO AU- today, but the property of unknown genera- THORIZE TESTIMONY AND tions, whose belongings we have no right to S. RES. 89 LEGAL REPRESENTATION IN W. squander’’; Whereas the Senate has learned with sad- CURTIS SHAIN v. HUNTER Whereas President Theodore Roosevelt’s ness of the death of former Governor of Min- BATES, ET AL. vision in 1903 to conserve wildlife started nesota Orville L. Freeman; Whereas Orville L. Freeman, born in Min- Mr. FRIST (for himself and Mr. with the plants and animals on the tiny Peli- can Island on Florida’s East Coast, and has neapolis, Minnesota, greatly distinguished DASCHLE) submitted the following reso- flourished across the United States and its himself by his long commitment to public lution, which was considered and territories, allowing for the preservation of a service; agreed to: vast array of species; and Whereas Orville L. Freeman, football star, S. RES. 86 Whereas the National Wildlife Refuge Sys- student council president, and Phi Beta Whereas, in the case of W. Curtis Shain v. tem of 540 refuges, that now hosts 35,000,000 Kappa honors student, graduated magna cum G. Hunter Bates, et al., No. 03–CI–00153, pend- visitors annually, with the help of 30,000 vol- laude from the University of Minnesota; ing in Division II of the Oldham Circuit unteers, is home to wildlife of almost every Whereas Orville L. Freeman, a Major in Court, Twelfth Judicial Circuit, Common- variety in every state of the union within an the Marine Corps, served the United States wealth of Kentucky, an affidavit has been re- hour’s drive of almost every major city: with honor and distinction during World War quested from Senator Mitch McConnell; Now, therefore, be it II, and was awarded a Purple Heart for Whereas, pursuant to sections 703(a) and Resolved, That the Senate— wounds associated with his heroism; 704(a)(2) of the Ethics in Government Act of (1) congratulates the National Wildlife Ref- Whereas the organizational leadership of 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the uge System on its Centennial Anniversary; Orville L. Freeman helped build the Min- Senate may direct its counsel to represent (2) expresses strong support for the Na- nesota Democratic-Farmer-Labor Party into Members of the Senate with respect to any tional Wildlife Refuge System’s continued a successful political party; subpoena, order, or request for testimony re- success in the next 100 years and beyond; Whereas, in 1954, Orville L. Freeman be- lating to their official responsibilities; (3) encourages the National Wildlife Refuge came the first Democratic-Farmer-Labor Whereas, by the privileges of the Senate of System in its continued efforts to broaden candidate to be elected Governor of Min- the United States and Rule XI of the Stand- understanding and appreciation for the Ref- nesota; ing Rules of the Senate, no evidence under uge System, to increase partnerships on be- Whereas Orville L. Freeman, elected to 3 the control or in the possession of the Senate half of the National Wildlife Refuge System consecutive terms as Governor, advanced the may, by the judicial or administrative proc- to better manage and monitor wildlife, and concept of governance now known as ‘‘the ess, be taken from such control or possession to continue its support of outdoor rec- Minnesota Consensus,’’ which views govern- but by permission of the Senate; reational activities; and ment as a positive force in the lives of citi- Whereas, by Rule VI of the Standing Rules (4) reaffirms its commitment to continued zens, and government programs as invest- of the Senate, no Senator shall absent him- support for the National Wildlife Refuge Sys- ments in Minnesota’s future;

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3751 Whereas, during his service as Governor of current resolution; which was referred draw from a labor market that competes Minnesota, Orville L. Freeman increased to the Committee on Health, Edu- with other entry-level jobs that provide less State funding for education, improved health cation, Labor, and Pensions: physically and emotionally demanding work, and rehabilitation programs, expanded con- and higher pay and other benefits, and there- S. CON. RES. 21 servation efforts, and achieved many other fore these direct support jobs are not cur- successes that improved his State and the Whereas there are more than 8,000,000 rently competitive in today’s labor market; lives of its citizens; Americans who have mental retardation or Whereas annual turnover rates of direct Whereas Orville L. Freeman served as the other developmental disabilities; support workers range from 40 to 75 percent; Secretary of Agriculture in the administra- Whereas individuals with developmental Whereas high rates of employee vacancies tions of President John F. Kennedy and disabilities include those with mental retar- and turnover threaten the ability of pro- President Lyndon B. Johnson, during which dation, autism, cerebral palsy, Down syn- viders to achieve their core mission, which is service he initiated global food assistance drome, epilepsy, and other related condi- the provision of safe and high-quality sup- programs and developed the domestic food tions; ports to individuals with mental retardation stamp and school breakfast programs; Whereas individuals with mental retarda- or other developmental disabilities; Whereas, in addition to his outstanding tion or other developmental disabilities have Whereas direct support staff turnover is public service, Orville L. Freeman was also a substantial limitations on their functional emotionally difficult for the individuals successful international lawyer and business capacities, including limitations in two or being served; more of the areas of self-care, receptive and executive; Whereas many parents are becoming in- expressive language, learning, mobility, self- Whereas Orville L. Freeman was a devoted creasingly afraid that there will be no one direction, independent living, and economic husband to his wife, Jane, for 62 years, a lov- available to take care of their sons and self-sufficiency, as well as the continuous ing father to two exceptional children, Con- daughters with mental retardation or other need for individually planned and coordi- stance and Michael, and a proud grandfather developmental disabilities who are living in nated services; to three talented grandchildren, Elizabeth, the community; and Whereas for the past two decades individ- Kathryn, and Matthew; and Whereas this workforce shortage is the uals with mental retardation or other devel- Whereas Orville L. Freeman led a life that most significant barrier to implementing the opmental disabilities and their families have was remarkable for its breadth of pursuits, Olmstead decision and undermines the ex- increasingly expressed their desire to live multitude of accomplishments, standards of pansion of community integration as called excellence, dedication to public service, and and work in their communities, joining the mainstream of American life; for by President Bush’s New Freedom Initia- important contributions to the improvement tive, placing the community support infra- of his country and the lives of his fellow citi- Whereas the Supreme Court, in its Olmstead decision, affirmed the right of indi- structure at risk: Now, therefore, be it zens: Now, therefore, be it Resolved by the Senate (the House of Rep- Resolved, That the United States Senate— viduals with mental retardation or other de- resentatives concurring), (1) pays tribute to the outstanding career velopmental disabilities to receive commu- and devoted work of the great Minnesota and nity-based services as an alternative to insti- SECTION 1. SHORT TITLE. national leader, Orville L. Freeman; tutional care; This resolution may be cited as the ‘‘Di- (2) expresses its deepest condolences to the Whereas the demand for community sup- rect Support Professional Recognition Reso- family of Orville L. Freeman on his death; ports and services is rapidly growing, as lution’’. and States comply with the Olmstead decision SEC. 2. SENSE OF CONGRESS REGARDING SERV- (3) directs the Secretary of the Senate to and continue to move more individuals from ICES OF DIRECT SUPPORT PROFES- transmit an enrolled copy of this resolution institutions into the community; SIONALS TO INDIVIDUALS WITH DE- to the family of Orville L. Freeman. Whereas the demand will also continue to VELOPMENTAL DISABILITIES. grow as family caregivers age, individuals It is the sense of the Congress that the f with mental retardation or other develop- Federal Government and the States should SENATE CONCURRENT RESOLU- mental disabilities live longer, waiting lists make it a priority to ensure a stable, quality TION 20—PERMITTING THE grow, and services expand; direct support workforce for individuals with CHAIRMAN OF THE COMMITTEE Whereas our Nation’s long-term care deliv- mental retardation or other developmental disabilities that advances our Nation’s com- ON RULES AND ADMINISTRATION ery system is dependent upon a disparate array of public and private funding sources, mitment to community integration for such OF THE SENATE TO DESIGNATE and is not a conventional industry, but rath- individuals and to personal security for them ANOTHER MEMBER OF THE COM- er is financed primarily through third-party and their families. MITTEE TO SERVE ON THE insurers; f JOINT COMMITTEE ON PRINTING Whereas Medicaid financing of supports IN PLACE OF THE CHAIRMAN and services to individuals with mental re- SENATE CONCURRENT RESOLU- tardation or other developmental disabilities Mr. LOTT (for himself and Mr. DODD) TION 22—EXPRESSING THE varies considerably from State to State, submitted the following concurrent SENSE OF THE CONGRESS RE- causing significant disparities across geo- GARDING HOUSING AFFORD- resolution; which was considered and graphic regions, among differing groups of agreed to: consumers, and between community and in- ABILITY AND URGING FAIR AND S. CON. RES. 20 stitutional supports; EXPEDITIOUS REVIEW BY INTER- Resolved by the Senate (the House of Rep- Whereas outside of families, private pro- NATIONAL TRADE TRIBUNALS resentatives concurring), That effective for the viders that employ direct support profes- TO ENSURE A COMPETITIVE One Hundred Eighth Congress, the Chairman sionals deliver the majority of supports and NORTH AMERICAN MARKET FOR of the Committee on Rules and Administra- services for individuals with mental retarda- SOFTWOOD LUMBER tion of the Senate may designate another tion or other developmental disabilities in member of the Committee to serve on the the community; Mr. NICKLES (for himself, Mr. BAYH, Joint Committee on Printing in place of the Whereas direct support professionals pro- Mr. BUNNING, Mr. FITZGERALD, Mr. Chairman. vide a wide range of supportive services to HAGEL, Mr. INHOFE, Mr. KYL, Mr. f individuals with mental retardation or other LUGAR, Mr. REED, and Mr. ROBERTS) developmental disabilities on a day-to-day submitted the following concurrent SENATE CONCURRENT RESOLU- basis, including habilitation, health needs, TION 21—EXPRESSING THE resolution; which was referred to the personal care and hygiene, employment, Committee on Finance. SENSE OF THE CONGRESS THAT transportation, recreation, and housekeeping COMMUNITY INCLUSION AND EN- and other home management-related sup- S. CON. RES. 22 HANCED LIVES FOR INDIVID- ports and services so that these individuals Whereas the United States and Canada UALS WITH MENTAL RETARDA- can live and work in their communities; have, since 1989, worked to eliminate tariff TION OR OTHER DEVELOP- Whereas direct support professionals gen- and nontariff barriers to trade; erally assist individuals with mental retar- Whereas free trade has greatly benefitted MENTAL DISABILITIES IS AT SE- dation or other developmental disabilities to the United States and Canadian economies; RIOUS RISK BECAUSE OF THE lead a self-directed family, community, and Whereas the U.S. International Trade Com- CRISIS IN RECRUITING AND RE- social life; mission only found the potential for a TAINING DIRECT SUPPORT PRO- Whereas private providers and the individ- Threat of Injury (as opposed to actual in- FESSIONALS, WHICH IMPEDES uals for whom they provide supports and jury) to domestic lumber producers but the THE AVAILABILITY OF A STA- services are in jeopardy as a result of the Department of Commerce imposed a 27 per- BLE, QUALITY DIRECT SUPPORT growing crisis in recruiting and retaining a cent duty on U.S. lumber consumers; WORKFORCE. direct support workforce; Whereas trade restrictions on Canadian Whereas providers of supports and services lumber exported to the U.S. market have Mr. BUNNING (for himself and Mrs. to individuals with mental retardation or been an exception to the general rule of bi- LINCOLN) submitted the following con- other developmental disabilities typically lateral free trade;

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3752 CONGRESSIONAL RECORD — SENATE March 13, 2003 Whereas the legitimate interests of con- mittee on Banking, Housing, and Witness list sumers are often overlooked in trade dis- Urban Affairs be authorized to meet Panel I: The Honorable Kay Bailey putes; during the session of the Senate on Whereas the availability of affordable Hutchison and The Honorable John housing is important to American home buy- March 13, 2003, at 10 a.m., to conduct a Cornyn. ers and the need for the availability of such hearing on ‘‘The Administration’s Pro- Panel II: Priscilla Richmond Owen to housing, particularly in metropolitan cities posed Fiscal Year 2004 Budget for the be United States Circuit Judge for the across America, is growing faster than it can Federal Transit Administration.’’ Fifth Circuit. be met; The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Whereas imposition of special duties on objection, it is so ordered. U.S. consumers of softwood lumber, essential objection, it is so ordered. COMMITTEE ON COMMERCE, SCIENCE, AND for construction of on-site and manufactured COMMITTEE ON VETERANS’ AFFAIRS TRANSPORTATION homes, jeopardizes housing affordability; Mr. MCCONNELL. Mr. President, I Whereas the United States has agreed to Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Com- abide by dispute settlement procedures in ask unanimous consent that the Com- the World Trade Organization and the North mittee on Commerce, Science, and mittee on Veterans’ Affairs be author- American Free Trade Agreement, providing Transportation be authorized to meet ized to meet during the session of the for international review of national remedy on Thursday, March 13, 2003, at 9:30 Senate on Thursday, March 13, 2003, for actions; and, a.m., in SR–253, for an executive ses- a joint hearing with the House of Rep- Whereas the World Trade Organization and resentatives’ Committee on Veterans’ North American Free Trade Agreement dis- sion. pute panels are reviewing findings by the The PRESIDING OFFICER. Without Affairs, to hear the legislative presen- ITC: Now, therefore, be it objection, it is so ordered. tations of the Retired Enlisted Associa- Resolved by the Senate (the House of Rep- tion, Gold Star Wives of America, the COMMITTEE ON ENERGY AND NATURAL resentatives concurring), that it is the sense of RESOURCES Fleet Reserve Association, and the Air the Congress that— Mr. MCCONNELL. Mr. President, I Force Sergeants Association. (1) The Department of Commerce and U.S. The hearing will take place in room Trade Representative should work to assure ask unanimous consent that the Com- that no delays occur in resolving the current mittee on Energy and Natural Re- 345 of the Cannon House Office Building disputes before the NAFTA and WTO panels, sources be authorized to meet during at 10 a.m. supporting a fair and expeditious review; the session of the Senate, on Thursday, The PRESIDING OFFICER. Without (2) U.S. anti-dumping and countervail law objection, it is so ordered. is a rules-based system that should proceed March 13 at 10 a.m., to receive testi- SELECT COMMITTEE ON INTELLIGENCE to conclusion in WTO and NAFTA trade pan- mony on gaining an understanding of els; the impacts of last year’s fires and Mr. MCCONNELL. Mr. President, I (3) The President should continue discus- then looking forward to the potential ask unanimous consent that the Select sions with the Government of Canada to pro- 2003 fire season. Committee on Intelligence be author- mote open trade between the United States The PRESIDING OFFICER. Without ized to meet during the session of the and Canada on softwood lumber free of trade objection, it is so ordered. Senate on Thursday, March 13, 2003, at restraints that harm consumers; (4) The President should consult with all COMMITTEE ON ENERGY AND NATURAL 2:30 p.m., to hold a closed hearing. stakeholders, including consumers of lumber RESOURCES The PRESIDING OFFICER. Without products in future discussions regarding any Mr. MCCONNELL. Mr. President, I objection, it is so ordered. terms of trade in softwood lumber between ask unanimous consent that the Com- SUBCOMMITTEE ON CLEAN AIR, CLIMATE the United States and Canada. mittee on Energy and Natural Re- CHANGE, AND NUCLEAR SAFETY f sources be authorized to meet during Mr. MCCONNELL. Mr. President, I NOTICES OF HEARINGS/MEETINGS the session of the Senate, on Thursday, ask unanimous consent that the Sub- March 13, at 2:30 p.m., is to conduct committee on Clean Air, Climate COMMITTEE ON RULES AND ADMINISTRATION oversight on the designation and man- Change, and Nuclear Safety be author- Mr. LOTT. Mr. President, I wish to agement of national heritage areas, in- ized to meet on Thursday, March 13, at announce that the Committee on Rules cluding criteria and procedures for des- 9:30 a.m. to conduct an oversight hear- and Administration will meet at 9:30 ignating heritage areas, the potential ing on the implementation of the a.m., Wednesday, March 19, 2003, in impact of heritage areas on private CMAQ and Conformity programs. This room SR 301, Russell Senate Office lands and communities, Federal and meeting will be held in SD 406. Building, to conduct an oversight hear- non-Federal costs of managing herit- The PRESIDING OFFICER. Without ing on the operations of the Secretary age areas, and methods of monitoring objection, it is so ordered. of the Senate and the Architect of the and measuring the success of heritage Capitol. SUBCOMMITTEE ON READINESS AND areas. MANAGEMENT For further information concerning The PRESIDING OFFICER. Without this meeting, please contact Susan Mr. MCCONNELL. Mr. President, I objection, it is so ordered. Wells at 202-224-6352. ask unanimous consent that the Sub- COMMITTEE ON FOREIGN RELATIONS committee on Readiness and Manage- f Mr. MCCONNELL. Mr. President, I ment Support of the Committee on AUTHORITY FOR COMMITTEES TO ask unanimous consent that the Com- Armed Services be authorized to meet MEET mittee on Foreign Relations be author- during the session on the Senate on COMMITTEE ON ARMED SERVICES ized to meet during the session of the Thursday, March 13, 2003, at 2 p.m., in Mr. MCCONNELL. Mr. President, I Senate on Thursday, March 13, 2003, at open session to receive testimony on ask unanimous consent that the Com- 2 p.m., to hold a members briefing on the impacts of environmental laws on mittee on Armed Services be author- Iraq’s political future. readiness and the related administra- ized to meet during the session of the Briefer: The Honorable William tion legislative proposal in review of Senate on Thursday, March 13, 2003, at Burns, Assistant Secretary for Middle the Defense Authorization Request for 9:30 a.m., in open and possibly closed East, Department of State, Wash- Fiscal Year 2004. session, to receive testimony from uni- ington, DC. The PRESIDING OFFICER. Without fied and regional commanders on their The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. military strategy and operational re- f quirements, in review of the Defense COMMITTEE ON THE JUDICIARY PRIVILEGE OF THE FLOOR Authorization Request for Fiscal Year Mr. MCCONNELL. Mr. President, I 2004 and the future years Defense pro- ask unanimous consent that the Com- Mr. MCCONNELL. Mr. President, I gram. mittee on the Judiciary be authorized ask unanimous consent that Bruce The PRESIDING OFFICER. Without to meet to conduct a hearing entitled Artim and Dr. Mark Carlson from Sen- objection, it is so ordered. ‘‘Setting the Record Straight: The ator HATCH’s staff be granted floor COMMITTEE ON BANKING, HOUSING, AND URBAN Nomination of Justice Priscilla Owen’’ privileges for the remainder of the ses- AFFAIRS on Thursday, March 13, 2003, at 10 a.m., sion. Mr. MCCONNELL. Mr. President, I in the Dirksen Senate Office Building, The PRESIDING OFFICER. Without ask unanimous consent that the Com- room 106. objection, it is so ordered.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3753 GILA RIVER INDIAN COMMUNITY to the Community with respect to the claims crued interest, shall be distributed in the JUDGMENT FUND DISTRIBUTION made in Docket No. 236–D; form of per capita payments (in amounts as ACT OF 2003 (5) with the approval of the Community equal as practicable) to all eligible enrolled under Community Resolution GR–98–98, the members of the Community. Mr. BENNETT. Mr. President, I ask Community entered into a settlement with (b) PREPARATION OF PAYMENT ROLL.— unanimous consent that the Senate the United States on April 27, 1999, for (1) IN GENERAL.—The Community shall pre- proceed to the immediate consider- claims made under Dockets Nos. 236–C and pare a payment roll of eligible, enrolled ation of Calendar Item No. 30, S. 162. 236–D for an aggregate total of $7,000,000; members of the Community that are eligible The PRESIDING OFFICER. The (6) on May 3, 1999, the United States Court to receive payments under this section in ac- clerk will report the bill by title. of Federal Claims ordered that a final judg- cordance with the criteria described in para- ment be entered in consolidated Dockets The legislative clerk read as follows: graph (2). Nos. 236–C and 236–D for $7,000,000 in favor of (2) CRITERIA.— A bill (S. 162) to provide for the use and the Community and against the United (A) INDIVIDUALS ELIGIBLE TO RECEIVE PAY- distribution of certain funds awarded to the States; MENTS.—Subject to subparagraph (B), the Gila River Pima-Maricopa Indian Commu- (7)(A) on October 6, 1999, the Department of following individuals shall be eligible to be nity, and for other purposes. the Treasury certified the payment of listed on the payment roll and eligible to re- There being no objection, the Senate $7,000,000, less attorney fees, to be deposited ceive a per capita payment under subsection proceeded to consider the bill. in a trust account on behalf of the Commu- (a): Mr. BENNETT. Mr. President, I ask nity; and (i) All enrolled Community members who (B) that payment was deposited in a trust unanimous consent that the bill be are eligible to be listed on the per capita account managed by the Office of Trust payment roll that was approved by the Sec- read a third time and passed, the mo- Funds Management of the Department of the retary for the distribution of the funds tion to reconsider be laid upon the Interior; and awarded to the Community in Docket No. table, and that any statements relating (8) in accordance with the Indian Tribal 236–N (including any individual who was in- to this bill be printed in the RECORD. Judgment Funds Use or Distribution Act (25 advertently omitted from that roll). The PRESIDING OFFICER. Without U.S.C. 1401 et seq.), the Secretary is required (ii) All enrolled Community members who objection, it is so ordered. to submit an Indian judgment fund use or are living on the date of enactment of this The bill (S. 162) was read the third distribution plan to Congress for approval. Act. time and passed, as follows: SEC. 3. DEFINITIONS. (iii) All enrolled Community members who In this Act: died— S. 162 (1) ADULT.—The term ‘‘adult’’ means an in- (I) after the effective date of the payment Be it enacted by the Senate and House of Rep- dividual who— plan for Docket No. 236–N; but resentatives of the United States of America in (A) is 18 years of age or older as of the date (II) on or before the date of enactment of Congress assembled, on which the payment roll is approved by the this Act. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Community; or (B) INDIVIDUALS INELIGIBLE TO RECEIVE PAY- (a) SHORT TITLE.—This Act may be cited as (B) will reach 18 years of age not later than MENTS.—The following individuals shall be the ‘‘Gila River Indian Community Judg- 30 days after the date on which the payment ineligible to be listed on the payment roll ment Fund Distribution Act of 2003’’. roll is approved by the Community. and ineligible to receive a per capita pay- (b) TABLE OF CONTENTS.—The table of con- (2) COMMUNITY.—The term ‘‘Community’’ ment under subsection (a): tents of this Act is as follows: means the Gila River Indian Community. (i) Any individual who, before the date on (3) COMMUNITY-OWNED FUNDS.—The term Sec. 1. Short title; table of contents. which the Community approves the payment ‘‘Community-owned funds’’ means— Sec. 2. Findings. roll, relinquished membership in the Com- (A) funds held in trust by the Secretary as Sec. 3. Definitions. munity. of the date of enactment of this Act that (ii) Any minor who relinquishes member- TITLE I—GILA RIVER JUDGMENT FUND may be made available to make payments ship in the Community, or whose parent or DISTRIBUTION under section 101; or legal guardian relinquishes membership on Sec. 101. Distribution of judgment funds. (B) revenues held by the Community that— behalf of the minor, before the date on which Sec. 102. Responsibility of Secretary; appli- (i) are derived from trust resources; and the minor reaches 18 years of age. cable law. (ii) qualify for an exemption under section (iii) Any individual who is disenrolled by TITLE II—CONDITIONS RELATING TO 7 or 8 of the Indian Tribal Judgment Funds the Community for just cause (such as dual COMMUNITY JUDGMENT FUND PLANS Use or Distribution Act (25 U.S.C. 1407, 1408). enrollment or failure to meet the eligibility (4) IIM ACCOUNT.—The term ‘‘IIM account’’ Sec. 201. Plan for use and distribution of requirements for enrollment). means an individual Indian money account. judgment funds awarded in (iv) Any individual who is determined or (5) JUDGMENT FUNDS.—The term ‘‘judgment Docket No. 228. certified by the Secretary to be eligible to funds’’ means the aggregate amount awarded Sec. 202. Plan for use and distribution of receive a per capita payment of funds relat- to the Community by the Court of Federal judgment funds awarded in ing to a judgment— Claims in Dockets Nos. 236–C and 236–D. Docket No. 236–N. (I) awarded to another community, Indian (6) LEGALLY INCOMPETENT INDIVIDUAL.—The tribe, or tribal entity; and TITLE III—EXPERT ASSISTANCE LOANS term ‘‘legally incompetent individual’’ (II) appropriated on or before the date of Sec. 301. Waiver of repayment of expert as- means an individual who has been deter- enactment of this Act. sistance loans to Gila River In- mined to be incapable of managing his or her (v) Any individual who is not enrolled as a dian Community. own affairs by a court of competent jurisdic- member of the Community on or before the SEC. 2. FINDINGS. tion. date that is 90 days after the date of enact- Congress finds that— (7) MINOR.—The term ‘‘minor’’ means an ment of this Act. (1) on August 8, 1951, the Gila River Indian individual who is not an adult. (c) NOTICE TO SECRETARY.—On approval by Community filed a complaint before the In- (8) PAYMENT ROLL.—The term ‘‘payment the Community of the payment roll, the dian Claims Commission in Gila River Pima- roll’’ means the list of eligible, enrolled Community shall submit to the Secretary a Maricopa Indian Community v. United members of the Community who are eligible notice that indicates the total number of in- States, Docket No. 236, for the failure of the to receive a payment under section 101(a), as dividuals eligible to share in the per capita United States to carry out its obligation to prepared by the Community under section distribution under subsection (a), as ex- protect the use by the Community of water 101(b). pressed in subdivisions that reflect— from the Gila River and the Salt River in the (9) SECRETARY.—The term ‘‘Secretary’’ (1) the number of shares that are attrib- State of Arizona; means the Secretary of the Interior. utable to eligible living adult Community (2) except for Docket Nos. 236–C and 236–D, TITLE I—GILA RIVER JUDGMENT FUND members; and which remain undistributed, all 14 original DISTRIBUTION (2) the number of shares that are attrib- dockets under Docket No. 236 have been re- SEC. 101. DISTRIBUTION OF JUDGMENT FUNDS. utable to deceased individuals, legally in- solved and distributed; (a) PER CAPITA PAYMENTS.—Notwith- competent individuals, and minors. (3) in Gila River Pima-Maricopa Indian standing the Indian Tribal Judgment Funds (d) INFORMATION PROVIDED TO SECRETARY.— Community v. United States, 29 Ind. Cl. Use or Distribution Act (25 U.S.C. 1401 et The Community shall provide to the Sec- Comm. 144 (1972), the Indian Claims Commis- seq.) or any other provision of law (including retary enrollment information necessary to sion held that the United States, as trustee, any regulation promulgated or plan devel- allow the Secretary to establish— was liable to the Community with respect to oped under such a law), the amounts paid in (1) estate accounts for deceased individuals the claims made in Docket No. 236–C; satisfaction of an award granted to the Gila described in subsection (c)(2); and (4) in Gila River Pima-Maricopa Indian River Indian Community in Dockets Nos. (2) IIM accounts for legally incompetent Community v. United States, 684 F.2d 852 236–C and 236–D before the United States individuals and minors described in sub- (1982), the United States Claims Court held Court of Federal Claims, less attorney fees section (c)(2). that the United States, as trustee, was liable and litigation expenses and including all ac- (e) DISBURSEMENT OF FUNDS.—

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(1) IN GENERAL.—Not later than 30 days petent individual, or a deceased individual, any per capita share of a minor that is held, after the date on which the payment roll is the Secretary— as of the date of enactment of this Act, by approved by the Community and the Com- (A) is authorized to accept and deposit the Secretary. munity has reconciled the number of shares funds from the payment in an IIM account or (2) SHARE OF MINORS IN TRUST.—The Sec- that belong in each payment subdivision de- estate account established for the minor, le- retary shall hold a per capita share of a scribed in subsection (c), the Secretary shall gally incompetent individual, or deceased in- minor described in paragraph (1) in trust disburse to the Community the funds nec- dividual; and until such date as the minor reaches 18 years essary to make the per capita distribution (B) shall invest those funds in accordance of age. under subsection (a) to eligible living adult with applicable law. (3) DISBURSAL OF FUNDS FOR MINORS.—No members of the Community described in sub- (j) USE OF RESIDUAL FUNDS.—On request by judgment funds, nor any interest earned on section (c)(1). the governing body of the Community to the judgment funds, shall be disbursed from the (2) ADMINISTRATION AND DISTRIBUTION.—On Secretary, and after passage by the gov- account of a minor described in paragraph (1) disbursement of the funds under paragraph erning body of the Community of a tribal until such date as the minor reaches 18 years (1), the Community shall bear sole responsi- council resolution affirming the intention of of age. bility for administration and distribution of the governing body to have judgment funds (4) USE OF REMAINING JUDGMENT FUNDS.—On the funds. disbursed to, and deposited in the general request by the governing body of the Com- (f) SHARES OF DECEASED INDIVIDUALS.— fund of, the Community, any judgment funds munity, as manifested by the appropriate (1) IN GENERAL.—The Secretary, in accord- remaining after the date on which the Com- tribal council resolution, any judgment ance with regulations promulgated by the munity completes the per capita distribution funds remaining after the date of completion Secretary and in effect as of the date of en- under subsection (a) and makes any appro- of the per capita distribution under section actment of this Act, shall distribute to the priate payments under subsection (i) shall be 101(a) shall be disbursed to, and deposited in appropriate heirs and legatees of deceased disbursed to, and deposited in the general the general fund of, the Community. individuals described in subsection (c)(2) the fund of, the Community. SEC. 202. PLAN FOR USE AND DISTRIBUTION OF per capita shares of those deceased individ- (k) REVERSION OF PER-CAPITA SHARES TO uals. JUDGMENT FUNDS AWARDED IN TRIBAL OWNERSHIP.— DOCKET NO. 236–N. (2) ABSENCE OF HEIRS AND LEGATEES.—If the (1) IN GENERAL.—In accordance with the Secretary and the Community make a final first section of Public Law 87–283 (25 U.S.C. (a) DEFINITION OF PLAN.—In this section, determination that a deceased individual de- 164), the share for an individual eligible to the term ‘‘plan’’ means the plan for the use scribed in subsection (c)(2) has no heirs or receive a per-capita share under subsection and distribution of judgment funds awarded legatees, the per capita share of the deceased (a) that is held in trust by the Secretary, and to the Community in Docket No. 236–N of the individual and the interest earned on that any interest earned on that share, shall be United States Court of Federal Claims (59 share shall— restored to Community ownership if, for any Fed. Reg. 31092 (June 16, 1994)). (A) revert to the Community; and reason— (b) CONDITIONS.— (B) be deposited into the general fund of (A) subject to subsection (i), the share can- (1) PER CAPITA ASPECT.—Notwithstanding the Community. not be paid to the individual entitled to re- any other provision of law, the Community (g) SHARES OF LEGALLY INCOMPETENT INDI- ceive the share; and shall modify the last sentence of the para- VIDUALS.— (B) the share remains unclaimed for the 6- graph under the heading ‘‘Per Capita As- (1) IN GENERAL.—The Secretary shall de- year period beginning on the date on which pect’’ in the plan to read as follows: ‘‘Upon posit the shares of legally incompetent indi- the individual became eligible to receive the request from the Community, any residual viduals described in subsection (c)(2) in su- share. principal and interest funds remaining after pervised IIM accounts. (2) REQUEST BY COMMUNITY.—In accordance the Community has declared the per capita (2) ADMINISTRATION.—The IIM accounts de- with subsection (j), the Community may re- distribution complete shall be disbursed to, scribed in paragraph (1) shall be adminis- quest that unclaimed funds described in and deposited in the general fund of, the tered in accordance with regulations and paragraph (1)(B) be disbursed to, and depos- Community.’’. procedures established by the Secretary and ited in the general fund of, the Community. (2) GENERAL PROVISIONS.—Notwithstanding in effect as of the date of enactment of this any other provision of law, the Community Act. SEC. 102. RESPONSIBILITY OF SECRETARY; AP- PLICABLE LAW. shall— (h) SHARES OF MINORS.— (A) modify the third sentence of the first (1) IN GENERAL.—The Secretary shall de- (a) RESPONSIBILITY FOR FUNDS.—After the paragraph under the heading ‘‘General Provi- posit the shares of minors described in sub- date on which funds are disbursed to the sions’’ of the plan to strike the word ‘‘mi- section (c)(2) in supervised IIM accounts. Community under section 101(e)(1), the nors’’; and (2) ADMINISTRATION.— United States and the Secretary shall have (B) insert between the first and second (A) IN GENERAL.—The Secretary shall hold no trust responsibility for the investment, paragraphs under that heading the following: the per capita share of a minor described in supervision, administration, or expenditure subsection (c)(2) in trust until such date as of the funds disbursed. ‘‘Section 3(b)(3) of the Indian Tribal Judg- the minor reaches 18 years of age. (b) DECEASED AND LEGALLY INCOMPETENT ment Funds Use or Distribution Act (25 INDIVIDUALS.—Funds subject to subsections (B) NONAPPLICABLE LAW.—Section 3(b)(3) of U.S.C. 1403(b)(3)) shall not apply to any per the Indian Tribal Judgment Funds Use or (f) and (g) of section 101 shall continue to be capita share of a minor that is held, as of the Distribution Act (25 U.S.C. 1403(b)(3)) shall held in trust by the Secretary until the date date of enactment of the Gila River Indian not apply to any per capita share of a minor on which those funds are disbursed under Community Judgment Fund Distribution that is held by the Secretary under this Act. this Act. Act of 2003, by the Secretary. The Secretary (c) APPLICABILITY OF OTHER LAW.—Except (C) DISBURSEMENT.—No judgment funds, shall hold a per capita share of a minor in nor any interest earned on judgment funds, as otherwise provided in this Act, all funds trust until such date as the minor reaches 18 shall be disbursed from the account of a distributed under this Act shall be subject to years of age. No judgment funds, or any in- minor described in subsection (c)(2) until sections 7 and 8 of the Indian Tribal Judg- terest earned on judgment funds, shall be such date as the minor reaches 18 years of ment Funds Use or Distribution Act (25 disbursed from the account of a minor until age. U.S.C. 1407, 1408). such date as the minor reaches 18 years of (i) PAYMENT OF ELIGIBLE INDIVIDUALS NOT TITLE II—CONDITIONS RELATING TO age.’’. LISTED ON PAYMENT ROLL.— COMMUNITY JUDGMENT FUND PLANS TITLE III—EXPERT ASSISTANCE LOANS (1) IN GENERAL.—An individual who is not SEC. 201. PLAN FOR USE AND DISTRIBUTION OF listed on the payment roll, but is eligible to JUDGMENT FUNDS AWARDED IN SEC. 301. WAIVER OF REPAYMENT OF EXPERT AS- receive a payment under this Act, as deter- DOCKET NO. 228. SISTANCE LOANS TO GILA RIVER IN- DIAN COMMUNITY. mined by the Community, may be paid from (a) DEFINITION OF PLAN.—In this section, any remaining judgment funds after the date the term ‘‘plan’’ means the plan for the use Notwithstanding any other provision of on which— and distribution of judgment funds awarded law— (A) the Community makes the per capita to the Community in Docket No. 228 of the (1) the balance of all outstanding expert as- distribution under subsection (a); and United States Claims Court (52 Fed. Reg. 6887 sistance loans made to the Community under (B) all appropriate IIM accounts are estab- (March 5, 1987)), as modified in accordance Public Law 88–168 (77 Stat. 301) and relating lished under subsections (g) and (h). with Public Law 99–493 (100 Stat. 1241). to Gila River Indian Community v. United (2) INSUFFICIENT FUNDS.—If insufficient (b) CONDITIONS.—Notwithstanding any States (United States Court of Federal judgment funds remain to cover the cost of a other provision of law, the Community shall Claims Docket Nos. 228 and 236 and associ- payment described in paragraph (1), the modify the plan to include the following con- ated subdockets) are canceled; and Community may use Community-owned ditions with respect to funds distributed (2) the Secretary shall take such action as funds to make the payment. under the plan: is necessary— (3) MINORS, LEGALLY INCOMPETENT INDIVID- (1) APPLICABILITY OF OTHER LAW RELATING (A) to document the cancellation of loans UALS, AND DECEASED INDIVIDUALS.—In a case TO MINORS.—Section 3(b)(3) of the Indian under paragraph (1); and in which a payment described in paragraph Tribal Judgment Funds Use or Distribution (B) to release the Community from any li- (2) is to be made to a minor, a legally incom- Act (25 U.S.C. 1403(b)(3)) shall not apply to ability associated with those loans.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3755 ZUNI INDIAN TRIBE WATER into a Settlement Agreement to resolve all (5) RESERVATION; ZUNI HEAVEN RESERVA- RIGHTS SETTLEMENT ACT OF 2003 of the Zuni Indian Tribe’s water rights TION.—The term ‘‘Reservation’’ or ‘‘Zuni claims and to assist the Tribe in acquiring Heaven Reservation’’, also referred to as Mr. BENNETT. Mr. President, I ask surface water rights, to provide for the ‘‘Kolhu:wala:wa’’, means the following prop- unanimous consent that the Senate Tribe’s use of groundwater, and to provide erty in Apache County, Arizona: Sections 26, now proceed to the immediate consid- for the wetland restoration of the Tribe’s 27, 28, 33, 34, and 35, Township 15 North, eration of Calendar Item No. 31, S. 222. lands in Arizona. Range 26 East, Gila and Salt River Base and The PRESIDING OFFICER. The (7) To facilitate the wetland restoration Meridian; and Sections 2, 3, 4, 9, 10, 11, 13, 14, clerk will report the bill by title. project contemplated under the Settlement 15, 16, 23, 26, and 27, Township 14 North, The legislative clerk read as follows: Agreement, the Zuni Indian Tribe acquired Range 26 East, Gila and Salt River Base and certain lands along the Little Colorado River Meridian. A bill (S. 222) to approve the settlement of near or adjacent to its Reservation that are (6) SECRETARY.—The term ‘‘Secretary’’ water rights claims of the Zuni Indian Tribe important for the success of the project and means the Secretary of the Interior. in Apache County, Arizona, and for other will likely acquire a small amount of simi- (7) SETTLEMENT AGREEMENT.—The term purposes. larly situated additional lands. The parties ‘‘Settlement Agreement’’ means that agree- There being no objection, the Senate have agreed not to object to the United ment dated June 7, 2002, together with all ex- proceeded to consider the bill. States taking title to certain of these lands hibits thereto. The parties to the Settlement Mr. BENNETT. Mr. President, I ask into trust status; other lands shall remain in Agreement include the Zuni Indian Tribe and unanimous consent that the bill be tribal fee status. The parties have worked its members, the United States on behalf of the Tribe and its members, the State of Ari- read a third time and passed, the mo- extensively to resolve various governmental concerns regarding use of and control over zona, the Arizona Game and Fish Commis- tion to reconsider be laid upon the those lands, and to provide a successful sion, the Arizona State Land Department, table, and that any statements relating model for these types of situations, the the Arizona State Parks Board, the St. to the bill be printed in the RECORD. State, local, and tribal governments intend Johns Irrigation and Ditch Co., the Lyman The PRESIDING OFFICER. Without to enter into an Intergovernmental Agree- Water Co., the Round Valley Water Users’ objection, it is so ordered. ment that addresses the parties’ govern- Association, the Salt River Project Agricul- The bill (S. 222) was read the third mental concerns. tural Improvement and Power District, the time and passed, as follows: (8) Pursuant to the Settlement Agreement, Tucson Electric Power Company, the City of the neighboring non-Indian entities will as- St. Johns, the Town of Eagar, and the Town S. 222 sist in the Tribe’s acquisition of surface of Springerville. Be it enacted by the Senate and House of Rep- water rights and development of ground- (8) SRP.—The term ‘‘SRP’’ means the Salt resentatives of the United States of America in water, store surface water supplies for the River Project Agricultural Improvement and Congress assembled, Zuni Indian Tribe, and make substantial ad- Power District, a political subdivision of the SECTION 1. SHORT TITLE. ditional contributions to carry out the Set- State of Arizona. This Act may be cited as the ‘‘Zuni Indian tlement Agreement’s provisions. (9) TEP.—The term ‘‘TEP’’ means Tucson Tribe Water Rights Settlement Act of 2003’’. (9) To advance the goals of Federal Indian Electric Power Company. SEC. 2. FINDINGS AND PURPOSES. policy and consistent with the trust respon- (10) TRIBE, ZUNI TRIBE, OR ZUNI INDIAN TRIBE.—The terms ‘‘Tribe’’, ‘‘Zuni Tribe’’, or (a) FINDINGS.—Congress makes the fol- sibility of the United States to the Tribe, it lowing findings: is appropriate that the United States partici- ‘‘Zuni Indian Tribe’’ means the body politic (1) It is the policy of the United States, in pate in the implementation of the Settle- and federally recognized Indian nation, and keeping with its trust responsibility to In- ment Agreement and contribute funds for its members. dian tribes, to promote Indian self-deter- the rehabilitation of religious riparian areas (11) ZUNI LANDS.—The term ‘‘Zuni Lands’’ mination, religious freedom, political and and other purposes to enable the Tribe to use means all the following lands, in the State of cultural integrity, and economic self-suffi- its water entitlement in developing its Res- Arizona, that, on the effective date described ciency, and to settle, wherever possible, the ervation. in section 9(a), are— water rights claims of Indian tribes without (b) PURPOSES.—The purposes of this Act (A) within the Zuni Heaven Reservation; lengthy and costly litigation. are— (B) held in trust by the United States for (2) Quantification of rights to water and (1) to approve, ratify, and confirm the Set- the benefit of the Tribe or its members; or development of facilities needed to use tribal tlement Agreement entered into by the Tribe (C) held in fee within the Little Colorado water supplies effectively is essential to the and neighboring non-Indians; River basin by or for the Tribe. development of viable Indian reservation (2) to authorize and direct the Secretary of SEC. 4. AUTHORIZATION, RATIFICATIONS, AND communities, particularly in arid western the Interior to execute and perform the Set- CONFIRMATIONS. (a) SETTLEMENT AGREEMENT.—To the ex- States. tlement Agreement and related waivers; tent the Settlement Agreement does not (3) On August 28, 1984, and by actions sub- (3) to authorize and direct the United conflict with the provisions of this Act, such sequent thereto, the United States estab- States to take legal title and hold such title Settlement Agreement is hereby approved, lished a reservation for the Zuni Indian to certain lands in trust for the benefit of ratified, confirmed, and declared to be valid. Tribe in Apache County, Arizona upstream the Zuni Indian Tribe; and (4) to authorize the actions, agreements, The Secretary is authorized and directed to from the confluence of the Little Colorado execute the Settlement Agreement and any and Zuni Rivers for long-standing religious and appropriations as provided for in the Settlement Agreement and this Act. amendments approved by the parties nec- and sustenance activities. essary to make the Settlement Agreement (4) The water rights of all water users in SEC. 3. DEFINITIONS. consistent with this Act. The Secretary is the Little Colorado River basin in Arizona In this Act: further authorized to perform any actions re- have been in litigation since 1979, in the Su- (1) EASTERN LCR BASIN.—The term ‘‘East- quired by the Settlement Agreement and any perior Court of the State of Arizona in and ern LCR basin’’ means the portion of the Lit- amendments to the Settlement Agreement for the County of Apache in Civil No. 6417, In tle Colorado River basin in Arizona upstream that may be mutually agreed upon by the re The General Adjudication of All Rights to of the confluence of Silver Creek and the parties to the Settlement Agreement. Use Water in the Little Colorado River Sys- Little Colorado River, as identified on Ex- (b) AUTHORIZATION OF APPROPRIATIONS.— tem and Source. hibit 2.10 of the Settlement Agreement. There is authorized to be appropriated to the (5) Recognizing that the final resolution of (2) FUND.—The term ‘‘Fund’’ means the Zuni Indian Tribe Water Rights Development the Zuni Indian Tribe’s water claims through Zuni Indian Tribe Water Rights Development Fund established in section 6(a), $19,250,000, litigation will take many years and entail Fund established by section 6(a). to be allocated by the Secretary as follows: great expense to all parties, continue to (3) INTERGOVERNMENTAL AGREEMENT.—The (1) $3,500,000 for fiscal year 2004, to be used limit the Tribe’s access to water with eco- term ‘‘Intergovernmental Agreement’’ for the acquisition of water rights and asso- nomic, social, and cultural consequences to means the intergovernmental agreement be- ciated lands, and other activities carried out, the Tribe, prolong uncertainty as to the tween the Zuni Indian Tribe, Apache County, by the Zuni Tribe to facilitate the enforce- availability of water supplies, and seriously Arizona and the State of Arizona described ability of the Settlement Agreement, includ- impair the long-term economic planning and in article 6 of the Settlement Agreement. ing the acquisition of at least 2,350 acre-feet development of all parties, the Tribe and (4) PUMPING PROTECTION AGREEMENT.—The per year of water rights before the deadline neighboring non-Indians have sought to set- term ‘‘Pumping Protection Agreement’’ described in section 9(b). tle their disputes to water and reduce the means an agreement, described in article 5 of (2) $15,750,000, of which $5,250,000 shall be burdens of litigation. the Settlement Agreement, between the Zuni made available for each of fiscal years 2004, (6) After more than 4 years of negotiations, Tribe, the United States on behalf of the 2005, and 2006, to take actions necessary to which included participation by representa- Tribe, and a local landowner under which the restore, rehabilitate, and maintain the Zuni tives of the United States, the Zuni Indian landowner agrees to limit pumping of Heaven Reservation, including the Sacred Tribe, the State of Arizona, and neighboring groundwater on his lands in exchange for a Lake, wetlands, and riparian areas as pro- non-Indian communities in the Little Colo- waiver of certain claims by the Zuni Tribe vided for in the Settlement Agreement and rado River basin, the parties have entered and the United States on behalf of the Tribe. under this Act.

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(c) OTHER AGREEMENTS.—Except as pro- (B) Section 30: S 1/2 NE 1/4, W 1/2 NW 1/4 NE (3) REMOVAL.— vided in section 9, the following 3 separate 1/4; and (A) IN GENERAL.—Except as provided in agreements, together with all amendments (C) Section 32: N 1/2 NW 1/4 NE 1/4, SW 1/4 subparagraph (B), if a judicial action is com- thereto, are approved, ratified, confirmed, NE 1/4, S 1/2 SE 1/4 NE 1/4, NW 1/4, SW 1/4, N menced during a dispute over any intergov- and declared to be valid: 1/2 SE 1/4, SW 1/4 SE 1/4, N 1/2 SE 1/4 SE 1/4, ernmental agreement entered into under this (1) The agreement between SRP, the Zuni SW 1/4 SE 1/4 SE 1/4. section, and the United States is allowed to Tribe, and the United States on behalf of the (c) NEW RESERVATION LANDS.—Upon satis- intervene in such action, the United States Tribe, dated June 7, 2002. faction of the conditions in paragraph 6.2 of shall not remove such action to the Federal (2) The agreement between TEP, the Zuni the Settlement Agreement, after the re- courts. Tribe, and the United States on behalf of the quirements of section 9(a) have been met, (B) EXCEPTION.—The United States may Tribe, dated June 7, 2002. and upon acquisition by the Zuni Tribe, the seek removal if— (3) The agreement between the Arizona Secretary shall take the legal title of the (i) the action concerns the Secretary’s de- State Land Department, the Zuni Tribe, and following lands in Arizona into trust for the cision regarding the issuance of rights-of- the United States on behalf of the Tribe, benefit of the Zuni Tribe and make such way under section 8(c); dated June 7, 2002. lands part of the Zuni Indian Tribe Reserva- (ii) the action concerns the authority of a SEC. 5. TRUST LANDS. tion in Arizona: Section 34, T. 14 N., R. 26 E., Federal agency to administer programs or (a) NEW TRUST LANDS.—Upon satisfaction Gila and Salt River Base and Meridian. the issuance of a permit under— of the conditions in paragraph 6.2 of the Set- (d) LIMITATION ON SECRETARIAL DISCRE- (I) the Federal Water Pollution Control tlement Agreement, and after the require- TION.—The Secretary shall have no discre- Act (33 U.S.C. 1251 et seq.); ments of section 9(a) have been met, the Sec- tion regarding the acquisitions described in (II) the Safe Drinking Water Act (42 U.S.C. retary shall take the legal title of the fol- subsections (a), (b), and (c). 300f et seq.); (e) LANDS REMAINING IN FEE STATUS.—The lowing lands into trust for the benefit of the (III) the Clean Air Act (42 U.S.C. 7401 et Zuni Tribe may seek to have the legal title Zuni Tribe: seq.); or to additional lands in Arizona, other than (1) In T. 14 N., R. 27 E., Gila and Salt River (IV) any other Federal law specifically ad- the lands described in subsection (a), (b), or Base and Meridian: dressed in intergovernmental agreements; or (c), taken into trust by the United States for (A) Section 13: SW 1/4, S 1/2 NE 1/4 SE 1/4, (iii) the intergovernmental agreement is the benefit of the Zuni Indian Tribe pursuant W 1/2 SE 1/4, SE 1/4 SE 1/4; inconsistent with a Federal law for the pro- only to an Act of Congress enacted after the (B) Section 23: N 1/2, N 1/2 SW 1/4, N 1/2 SE tection of civil rights, public health, or wel- date of enactment of this Act specifically au- 1/4, SE 1/4 SE 1/4, N 1/2 SW 1/4 SE 1/4, SE 1/4 fare. thorizing the transfer for the benefit of the SW 1/4 SE 1/4; (m) RULE OF CONSTRUCTION.—Nothing in Zuni Tribe. (C) Section 24: NW 1/4, SW 1/4, S 1/2 NE 1/ this Act shall be construed to affect the ap- (f) FINAL AGENCY ACTION.—Any written 4, N 1/2 SE 1/4; and plication of the Act of May 25, 1918 (25 U.S.C. certification by the Secretary under sub- (D) Section 25: N 1/2 NE 1/4, SE 1/4 NE 1/4, 211) within the State of Arizona. paragraph 6.2.B of the Settlement Agreement NE 1/4 SE 1/4. (n) DISCLAIMER.—Nothing in this section constitutes final agency action under the (2) In T. 14 N., R. 28 E., Gila and Salt River repeals, modifies, amends, changes, or other- Administrative Procedure Act and is review- Base and Meridian: wise affects the Secretary’s obligations to able as provided for under chapter 7 of title (A) Section 19: W 1/2 E 1/2 NW 1/4, W 1/2 NW the Zuni Tribe pursuant to the Act entitled 5, United States Code. 1/4, W 1/2 NE 1/4 SW 1/4, NW 1/4 SW 1/4, S 1/ ‘‘An Act to convey certain lands to the Zuni (g) NO FEDERAL WATER RIGHTS.—Lands 2 SW 1/4; Indian Tribe for religious purposes’’ ap- taken into trust pursuant to subsection (a), proved August 28, 1984 (Public Law 98–408; 98 (B) Section 29: SW 1/4 SW 1/4 NW 1/4, NW 1/ (b), or (c) shall not have Federal reserved 4 NW 1/4 SW 1/4, S 1/2 N 1/2 SW 1/4, S 1/2 SW Stat. 1533) (and as amended by the Zuni Land rights to surface water or groundwater. Conservation Act of 1990 (Public Law 101–486; 1/4, S 1/2 NW 1/4 SE 1/4, SW 1/4 SE 1/4; (h) STATE WATER RIGHTS.—The water 104 Stat. 1174)). (C) Section 30: W 1/2 , SE 1/4; and rights and uses for the lands taken into trust (D) Section 31: N 1/2 NE 1/4, N 1/2 S 1/2 NE pursuant to subsection (a) or (c) must be de- SEC. 6. DEVELOPMENT FUND. 1/4, S 1/2 SE 1/4 NE 1/4, NW 1/4, E 1/2 SW 1/4, termined under subparagraph 4.1.A and arti- (a) ESTABLISHMENT OF THE FUND.— N 1/2 NW 1/4 SW 1/4, SE 1/4 NW 1/4 SW 1/4, E cle 5 of the Settlement Agreement. With re- (1) IN GENERAL.—There is established in the 1/2 SW 1/4 SW 1/4, SW 1/4 SW 1/4 SW 1/4. spect to the lands taken into trust pursuant Treasury of the United States a fund to be (b) FUTURE TRUST LANDS.—Upon satisfac- to subsection (b), the Zuni Tribe retains any known as the ‘‘Zuni Indian Tribe Water tion of the conditions in paragraph 6.2 of the rights or claims to water associated with Rights Development Fund’’, to be managed Settlement Agreement, after the require- these lands under State law, subject to the and invested by the Secretary, consisting ments of section 9(a) have been met, and terms of the Settlement Agreement. of— upon acquisition by the Zuni Tribe, the Sec- (i) FORFEITURE AND ABANDONMENT.—Water (A) the amounts authorized to be appro- retary shall take the legal title of the fol- rights that are appurtenant to lands taken priated in section 4(b); and lowing lands into trust for the benefit of the into trust pursuant to subsection (a), (b), or (B) the appropriation to be contributed by Zuni Tribe: (c) shall not be subject to forfeiture and the State of Arizona pursuant to paragraph (1) In T. 14 N., R. 26E., Gila and Salt River abandonment. 7.6 of the Settlement Agreement. Base and Meridian: Section 25: N 1/2 NE 1/4, (j) AD VALOREM TAXES.—With respect to (2) ADDITIONAL DEPOSITS.—The Secretary N 1/2 S 1/2 NE 1/4, NW 1/4, N 1/2 NE 1/4 SW 1/ lands that are taken into trust pursuant to shall deposit in the Fund any other monies 4, NE 1/4 NW 1/4 SW 1/4. subsection (a) or (b), the Zuni Tribe shall paid to the Secretary on behalf of the Zuni (2) In T. 14 N., R. 27 E., Gila and Salt River make payments in lieu of all current and fu- Tribe pursuant to the Settlement Agree- Base and Meridian: ture State, county, and local ad valorem ment. (A) Section 14: SE 1/4 SW 1/4, SE 1/4; property taxes that would otherwise be ap- (b) MANAGEMENT OF THE FUND.—The Sec- (B) Section 16: S 1/2 SW 1/4 SE 1/4; plicable to those lands if they were not in retary shall manage the Fund, make invest- (C) Section 19: S 1/2 SE 1/4 SE 1/4; trust. ments from the Fund, and make monies (D) Section 20: S 1/2 SW 1/4 SW 1/4, E 1/2 SE (k) AUTHORITY OF TRIBE.—For purposes of available from the Fund for distribution to 1/4 SE 1/4; complying with this section and article 6 of the Zuni Tribe consistent with the American (E) Section 21: N 1/2 NE 1/4, E 1/2 NE 1/4 NW the Settlement Agreement, the Tribe is au- Indian Trust Fund Management Reform Act 1/4, SE 1/4 NW 1/4, W 1/2 SW 1/4 NE 1/4, N 1/2 thorized to enter into— of 1994 (25 U.S.C. 4001 et seq.) (referred to in NE 1/4 SW 1/4, SW 1/4 NE 1/4 SW 1/4, E 1/2 NW (1) the Intergovernmental Agreement be- this section as the ‘‘Trust Fund Reform 1/4 SW 1/4, SW 1/4 NW 1/4 SW 1/4, W 1/2 SW 1/ tween the Zuni Tribe, Apache County, Ari- Act’’), this Act, and the Settlement Agree- 4 SW 1/4; zona, and the State of Arizona; and ment. (F) Section 22: SW 1/4 NE 1/4 NE 1/4, NW 1/ (2) any intergovernmental agreement re- (c) INVESTMENT OF THE FUND.—The Sec- 4 NE 1/4, S 1/2 NE 1/4, N 1/2 NW 1/4, SE 1/4 quired to be entered into by the Tribe under retary shall invest amounts in the Fund in NW1/4, N 1/2 SW 1/4 NW 1/4, SE 1/4 SW 1/4 NW the terms of the Intergovernmental Agree- accordance with— 1/4, N 1/2 N 1/2 SE 1/4, N 1/2 NE 1/4 SW 1/4; ment. (1) the Act of April 1, 1880 (21 Stat. 70, ch. (G) Section 24: N 1/2 NE 1/4, S 1/2 SE 1/4; (l) FEDERAL ACKNOWLEDGEMENT OF INTER- 41, 25 U.S.C. 161); (H) Section 29: N 1/2 N 1/2; GOVERNMENTAL AGREEMENTS.— (2) the first section of the Act of June 24, (I) Section 30: N 1/2 N 1/2, N 1/2 S 1/2 NW 1/ (1) IN GENERAL.—The Secretary shall ac- 1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and 4, N 1/2 SW 1/4 NE 1/4; and knowledge the terms of any intergovern- (3) subsection (b). (J) Section 36: SE 1/4 SE 1/4 NE 1/4, NE 1/4 mental agreement entered into by the Tribe (d) AVAILABILITY OF AMOUNTS FROM THE NE 1/4 SE 1/4. under this section. FUND.—The funds authorized to be appro- (3) In T. 14 N., R. 28 E., Gila and Salt River (2) NO ABROGATION.—The Secretary shall priated pursuant to section 3104(b)(2) and Base and Meridian: not seek to abrogate, in any administrative funds contributed by the State of Arizona (A) Section 18: S 1/2 NE 1/4, NE 1/4 SW 1/4, or judicial action, the terms of any intergov- pursuant to paragraph 7.6 of the Settlement NE 1/4 NW 1/4 SW 1/4, S 1/2 NW 1/4 SW 1/4, S ernmental agreement that are consistent Agreement shall be available for expenditure 1/2 SW 1/4, N 1/2 SE 1/4, N 1/2 SW 1/4 SE 1/4, with subparagraph 6.2.A of the Settlement or withdrawal only after the requirements of SE 1/4 SE 1/4; Agreement and this Act. section 9(a) have been met.

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(e) EXPENDITURES AND WITHDRAWAL.— shall constitute full and complete satisfac- memorial through the effective date de- (1) TRIBAL MANAGEMENT PLAN.— tion of all members’ claims for— scribed in section 9(a); (A) IN GENERAL.—The Zuni Tribe may with- (A) water rights under Federal, State, and (3) past, present, and future claims for draw all or part of the Fund on approval by other laws (including claims for water rights water rights and injuries to water rights (in- the Secretary of a tribal management plan in groundwater, surface water, and effluent) cluding water rights in groundwater, surface as described in the Trust Fund Reform Act. for Zuni Lands from time immemorial water, and effluent and any claims for dam- (B) REQUIREMENTS.—In addition to the re- through the effective date described in sec- ages for deprivation of water rights) from quirements under the Trust Fund Reform tion 9(a) and any time thereafter; and time immemorial through the effective date Act, the tribal management plan shall re- (B) injuries to water rights under Federal, described in section 9(a), and any time there- quire that the Zuni Tribe spend any funds in State, and other laws (including claims for after, for lands outside of Zuni Lands but lo- accordance with the purposes described in water rights in groundwater, surface water, cated within the Little Colorado River basin section 4(b). and effluent, claims for damages for depriva- in Arizona, based upon aboriginal occupancy (2) ENFORCEMENT.—The Secretary may tion of water rights, and claims for changes of lands by the Zuni Tribe or its prede- take judicial or administrative action to en- to underground water table levels) for Zuni cessors; force the provisions of any tribal manage- Lands from time immemorial through the ef- (4) past and present claims for failure to ment plan to ensure that any monies with- fective date described in section 9(a). protect, acquire, or develop water rights of, drawn from the Fund under the plan are used (2) NO RECOGNITION OR ESTABLISHMENT OF or failure to protect water quality for, the in accordance with this Act. INDIVIDUAL WATER RIGHT.—Nothing in this Zuni Tribe within the Little Colorado River (3) LIABILITY.—If the Zuni Tribe exercises Act recognizes or establishes any right of a basin in Arizona from time immemorial the right to withdraw monies from the Fund, member of the Tribe to water on the Res- through the effective date described in sec- neither the Secretary nor the Secretary of ervation. tion 9(a); and the Treasury shall retain any liability for (b) TRIBE AND UNITED STATES AUTHORIZA- (5) claims for breach of the trust responsi- the expenditure or investment of the monies TION AND WATER QUANTITY WAIVERS.—The bility of the United States to the Zuni Tribe withdrawn. Tribe, on behalf of itself and its members arising out of the negotiation of the Settle- (4) EXPENDITURE PLAN.— and the Secretary on behalf of the United ment Agreement or this Act. States in its capacity as trustee for the Zuni (A) IN GENERAL.—The Zuni Tribe shall sub- (d) TRIBAL WAIVER OF WATER QUALITY Tribe and its members, are authorized, as mit to the Secretary for approval an expend- CLAIMS AND INTERFERENCE WITH TRUST part of the performance of their obligations iture plan for any portion of the funds made CLAIMS.— under the Settlement Agreement, to execute available under this Act that the Zuni Tribe (1) CLAIMS AGAINST THE STATE AND OTH- does not withdraw under this subsection. a waiver and release, subject to paragraph 11.4 of the Settlement Agreement, for claims ERS.— (B) DESCRIPTION.—The expenditure plan (A) INTERFERENCE WITH TRUST RESPONSI- shall describe the manner in which, and the against the State of Arizona, or any agency or political subdivision thereof, or any other BILITY.—The Tribe, on behalf of itself and its purposes for which, funds of the Zuni Tribe members, is authorized, as part of the per- remaining in the Fund will be used. person, entity, corporation, or municipal corporation, under Federal, State, or other formance of its obligations under the Settle- (C) APPROVAL.—On receipt of an expendi- law for any and all— ment Agreement, to waive and release all ture plan under subparagraph (A), the Sec- (1) past, present, and future claims to claims against the State of Arizona, or any retary shall approve the plan if the Sec- water rights (including water rights in agency or political subdivision thereof, or retary determines that the plan is reason- groundwater, surface water, and effluent) for any other person, entity, corporation, or mu- able and consistent with this Act. Zuni Lands from time immemorial through nicipal corporation under Federal, State, or (5) ANNUAL REPORT.—The Zuni Tribe shall the effective date described in section 9(a) other law, for claims of interference with the submit to the Secretary an annual report and any time thereafter, except for claims trust responsibility of the United States to that describes all expenditures from the within the Zuni Protection Area as provided the Zuni Tribe arising out of the negotiation Fund during the year covered by the report. in article 5 of the Settlement Agreement; of the Settlement Agreement or this Act. (f) FUNDS FOR ACQUISITION OF WATER (2) past and present claims for injuries to (B) INJURY OR THREAT OF INJURY TO WATER RIGHTS.— water rights (including water rights in QUALITY.—The Tribe, on behalf of itself and (1) WATER RIGHTS ACQUISITIONS.—Notwith- groundwater, surface water, and effluent and its members, is authorized, as part of the standing subsection (e), the funds authorized including claims for damages for deprivation performance of its obligations under the Set- to be appropriated pursuant to section of water rights and any claims for changes to tlement Agreement, to waive and release, 4(b)(1)— underground water table levels) for Zuni subject to paragraphs 11.4, 11.6, and 11.7 of (A) shall be available upon appropriation Lands from time immemorial through the ef- the Settlement Agreement, all claims for use in accordance with section 4(b)(1); fective date described in section 9(a); and against the State of Arizona, or any agency and (3) past, present, and future claims for or political subdivision thereof, or any other (B) shall be distributed by the Secretary to water rights and injuries to water rights (in- person, entity, corporation, or municipal the Zuni Tribe on receipt by the Secretary cluding water rights in groundwater, surface corporation under Federal, State, or other from the Zuni Tribe of a written notice and water, and effluent and including any claims law, for— a tribal council resolution that describe the for damages for deprivation of water rights (i) any and all past and present claims, in- purposes for which the funds will be used. and any claims for changes to underground cluding natural resource damage claims (2) RIGHT TO SET OFF.—In the event the re- water table levels) from time immemorial under the Comprehensive Environmental Re- quirements of section 9(a) have not been met through the effective date described in sec- sponse, Compensation, and Liability Act of and the Settlement Agreement has become tion 9(a), and any time thereafter, for lands 1980 (42 U.S.C. 9601 et seq.), the Oil Pollution null and void under section 9(b), the United outside of Zuni Lands but located within the Act of 1990 (33 U.S.C. 2701 et seq.), or any States shall be entitled to set off any funds Little Colorado River basin in Arizona, based other applicable statute, for injury to water expended or withdrawn from the amount ap- upon aboriginal occupancy of lands by the quality accruing from time immemorial propriated pursuant to section 4(b)(1), to- Zuni Tribe or its predecessors. through the effective date described in sec- gether with any interest accrued, against (c) TRIBAL WAIVERS AGAINST THE UNITED tion 9(a), for lands within the Little Colo- any claims asserted by the Zuni Tribe STATES.—The Tribe is authorized, as part of rado River basin in the State of Arizona; and against the United States relating to water the performance of its obligations under the (ii) any and all future claims, including rights at the Zuni Heaven Reservation. Settlement Agreement, to execute a waiver natural resource damage claims under the (3) WATER RIGHTS.—Any water rights ac- and release, subject to paragraphs 11.4 and Comprehensive Environmental Response, quired with funds described in paragraph (1) 11.6 of the Settlement Agreement, for claims Compensation, and Liability Act of 1980 (42 shall be credited against any water rights se- against the United States (acting in its ca- U.S.C. 9601 et seq.), the Oil Pollution Act of cured by the Zuni Tribe, or the United pacity as trustee for the Zuni Tribe or its 1990 (33 U.S.C. 2701 et seq.), or any other ap- States on behalf of the Zuni Tribe, for the members, or otherwise acting on behalf of plicable statute, for injury or threat of in- Zuni Heaven Reservation in the Little Colo- the Zuni Tribe or its members), including jury to water quality, accruing after the ef- rado River General Stream Adjudication or any agencies, officials, or employees thereof, fective date described in section 9(a), for any in any future settlement of claims for those for any and all— lands within the Eastern LCR basin caused water rights. (1) past, present, and future claims to by— (g) NO PER CAPITA DISTRIBUTIONS.—No part water rights (including water rights in (I) the lawful diversion or use of surface of the Fund shall be distributed on a per cap- groundwater, surface water, and effluent) for water; ita basis to members of the Zuni Tribe. Zuni Lands, from time immemorial through (II) the lawful withdrawal or use of under- SEC. 7. CLAIMS EXTINGUISHMENT; WAIVERS AND the effective date described in section 9(a) ground water, except within the Zuni Protec- RELEASES. and any time thereafter; tion Area, as provided in article 5 of the Set- (a) FULL SATISFACTION OF MEMBERS’ (2) past and present claims for injuries to tlement Agreement; CLAIMS.— water rights (including water rights in (III) the Parties’ performance of any obli- (1) IN GENERAL.—The benefits realized by groundwater, surface water, and effluent and gations under the Settlement Agreement; the Tribe and its members under this Act, any claims for damages for deprivation of (IV) the discharge of oil associated with including retention of any claims and rights, water rights) for Zuni Lands from time im- routine physical or mechanical maintenance

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3758 CONGRESSIONAL RECORD — SENATE March 13, 2003 of wells or diversion structures not incon- from or relating to water quality in which Pumping Protection Agreement files a law- sistent with applicable law; the claim is based on injury to natural re- suit only relating directly to the interpreta- (V) the discharge of oil associated with sources or threat to natural resources in the tion or enforcement of this Act, the Settle- routine start-up and operation of well pumps Little Colorado River basin in Arizona, only ment Agreement, an agreement described in not inconsistent with applicable law; or for those cases in which the United States, paragraph (1), (2), or (3) of section 4(c), or a (VI) any combination of the causes de- through the Secretary or other designated Pumping Protection Agreement, naming the scribed in subclauses (I) through (V). Federal official, would act on behalf of the United States or the Tribe as a party, or if (2) CLAIMS OF THE UNITED STATES.—The Tribe as a natural resource trustee pursuant any other landowner or water user in the Tribe, on behalf of itself and its members, is to the National Contingency Plan, as set Little Colorado River basin in Arizona files a authorized to waive its right to request that forth, as of the date of enactment of this lawsuit only relating directly to the inter- the United States bring— Act, in section 300.600(b)(2) of title 40, Code of pretation or enforcement of Article 11, the (A) any claims for injuries to water quality Federal Regulations. rights of de minimis users in subparagraph under the natural resource damage provi- (2) FUTURE CLAIMS.—As part of the per- 4.2.D or the rights of underground water sions of the Comprehensive Environmental formance of its obligations under the Settle- users under Article 5 of the Settlement Response, Compensation, and Liability Act ment Agreement, the United States waives Agreement, naming the United States or the of 1980 (42 U.S.C. 9601 et seq.), the Oil Pollu- and releases, subject to the retentions in Tribe as a party— tion Act of 1990 (33 U.S.C. 2701 et seq.) or any paragraphs 11.4, 11.6 and 11.7 of the Settle- (1) the United States, the Tribe, or both other applicable statute, for lands within the ment Agreement, the State of Arizona, or may be added as a party to any such litiga- Little Colorado River Basin in the State of any agency or political subdivision thereof, tion, and any claim by the United States or Arizona, accruing from time immemorial or any other person, entity, corporation, or the Tribe to sovereign immunity from such through the effective date described in sec- municipal corporation for— suit is hereby waived, other than with re- tion 9(a); and (A) all future common law claims arising spect to claims for monetary awards except (B) any future claims for injuries or threat from or relating to water quality in which as specifically provided for in the Settlement of injury to water quality under the natural the injury or threat of injury asserted is to Agreement; and resource damage provisions of the Com- the Tribe’s interest in water, trust land, and (2) the Tribe may waive its sovereign im- prehensive Environmental Response, Com- natural resources in the Eastern LCR basin munity from suit in the Superior Court of pensation, and Liability Act of 1980 (42 in Arizona accruing after the effective date Apache County, Arizona for the limited pur- U.S.C. 9601 et seq.), the Oil Pollution Act of described in section 9(a) caused by— poses of enforcing the terms of the Intergov- 1990 (33 U.S.C. 2701 et seq.), or any other ap- (i) the lawful diversion or use of surface ernmental Agreement, and any intergovern- plicable statute, accruing after the effective water; mental agreement required to be entered date described in section 9(a), for any lands (ii) the lawful withdrawal or use of under- into by the Tribe under the terms of the within the Eastern LCR basin, caused by— ground water, except within the Zuni Protec- Intergovernmental Agreement, other than (i) the lawful diversion or use of surface tion Area, as provided in article 5 of the Set- with respect to claims for monetary awards water; tlement Agreement; except as specifically provided in the Inter- (ii) the lawful withdrawal or use of under- (iii) the Parties’ performance of any obli- governmental Agreement. ground water, except within the Zuni Protec- gations under the Settlement Agreement; (b) TRIBAL USE OF WATER.— tion Area, as provided in article 5 of the Set- (iv) the discharge of oil associated with (1) IN GENERAL.—With respect to water tlement Agreement; routine physical or mechanical maintenance rights made available under the Settlement (iii) the Parties’ performance of any obli- of wells or diversion structures not incon- Agreement and used on the Zuni Heaven Res- gations under the Settlement Agreement; sistent with applicable law; ervation— (iv) the discharge of oil associated with (v) the discharge of oil associated with rou- (A) such water rights shall be held in trust routine physical or mechanical maintenance tine start-up and operation of well pumps by the United States in perpetuity, and shall of wells or diversion structures not incon- not inconsistent with applicable law; or not be subject to forfeiture or abandonment; sistent with applicable law; (vi) any combination of the causes de- (B) State law shall not apply to water uses (v) the discharge of oil associated with rou- scribed in clauses (i) through (v); and on the Reservation; tine start-up and operation of well pumps (B) all future natural resource damage (C) the State of Arizona may not regulate not inconsistent with applicable law; or claims accruing after the effective date de- or tax such water rights or uses (except that (vi) any combination of the causes de- scribed in section 9(a) arising from or relat- the court with jurisdiction over the decree scribed in clauses (i) through (v). ing to water quality in which the claim is entered pursuant to the Settlement Agree- (3) LIMITATIONS.—Notwithstanding the au- based on injury to natural resources or ment or the Norviel Decree Court may assess thorization for the Tribe’s waiver of future threat to natural resources in the Eastern administrative fees for delivery of this water quality claims in paragraph (1)(B)(ii) LCR basin in Arizona, only for those cases in water); and the waiver in paragraph (2)(B), the Tribe, which the United States, through the Sec- (D) subject to paragraph 7.7 of the Settle- on behalf of itself and its members, retains retary or other designated Federal official, ment Agreement, the Zuni Tribe shall use any statutory claims for injury or threat of would act on behalf of the Tribe as a natural water made available to the Zuni Tribe injury to water quality under the Com- resource trustee pursuant to the National under the Settlement Agreement on the Zuni prehensive Environmental Response, Com- Contingency Plan, as set forth, as of the date Heaven Reservation for any use it deems ad- pensation, and Liability Act of 1980 (42 of enactment of this Act, in section visable; U.S.C. 9601 et seq.) and the Oil Pollution Act 300.600(b)(2) of title 40, Code of Federal Regu- (E) water use by the Zuni Tribe or the of 1990 (33 U.S.C. 2701 et seq.), as described in lations, caused by— United States on behalf of the Zuni Tribe for subparagraph 11.4(D)(3) and (4) of the Settle- (i) the lawful diversion or use of surface wildlife or instream flow use, or for irriga- ment Agreement, that accrue at least 30 water; tion to establish or maintain wetland on the years after the effective date described in (ii) the lawful withdrawal or use of under- Reservation, shall be considered to be con- section 9(a). ground water, except within the Zuni Protec- sistent with the purposes of the Reservation; (e) WAIVER OF UNITED STATES WATER QUAL- tion Area as provided in article 5 of the Set- and ITY CLAIMS RELATED TO SETTLEMENT LAND tlement Agreement; (F)(i) not later than 3 years after the dead- AND WATER.— (iii) the Parties’ performance of their obli- line described in section 9(b), the Zuni Tribe (1) PAST AND PRESENT CLAIMS.—As part of gations under this Settlement Agreement; shall adopt a water code to be approved by the performance of its obligations under the (iv) the discharge of oil associated with the Secretary for regulation of water use on Settlement Agreement, the United States routine physical or mechanical maintenance the lands identified in subsections (a) and (b) waives and releases, subject to the reten- of wells or diversion structures not incon- of section 5 that is reasonably equivalent to tions in paragraphs 11.4, 11.6 and 11.7 of the sistent with applicable law; State water law (including statutes relating Settlement Agreement, all claims against (v) the discharge of oil associated with rou- to dam safety and groundwater manage- the State of Arizona, or any agency or polit- tine start-up and operation of well pumps ment); and ical subdivision thereof, or any other person, not inconsistent with applicable law; or (ii) until such date as the Zuni Tribe entity, corporation, or municipal corpora- (vi) any combination of the causes de- adopts a water code described in clause (i), tion for— scribed in clauses (i) through (v). the Secretary, in consultation with the (A) all past and present common law (f) EFFECT.—Subject to subsections (b) and State of Arizona, shall administer water use claims accruing from time immemorial (e), nothing in this Act or the Settlement and water regulation on lands described in through the effective date described in sec- Agreement affects any right of the United that clause in a manner that is reasonably tion 9(a) arising from or relating to water States, or the State of Arizona, to take any equivalent to State law (including statutes quality in which the injury asserted is to the actions, including enforcement actions, relating to dam safety and groundwater Tribe’s interest in water, trust land, and nat- under any laws (including regulations) relat- management). ural resources in the Little Colorado River ing to human health, safety and the environ- (2) LIMITATION.— basin in the State of Arizona; and ment. (A) IN GENERAL.—Except as provided in (B) all past and present natural resource SEC. 8. MISCELLANEOUS PROVISIONS. subparagraph (B), the Zuni Tribe or the damage claims accruing through the effec- (a) WAIVER OF SOVEREIGN IMMUNITY.—If United States shall not sell, lease, transfer, tive date described in section 9(a) arising any party to the Settlement Agreement or a or transport water made available for use on

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3759 the Zuni Heaven Reservation to any other (B) the Endangered Species Act of 1973 (16 graph 7.6 of the Settlement Agreement shall place. U.S.C. 1531 et seq.); and revert to the State of Arizona. (B) EXCEPTION.—Water made available to (C) all other applicable environmental laws f the Zuni Tribe or the United States for use (including regulations). on the Zuni Heaven Reservation may be sev- SEC. 9. EFFECTIVE DATE FOR WAIVER AND RE- DESIGNATING SERVICE IN THE ered and transferred from the Reservation to LEASE AUTHORIZATIONS. JOINT COMMITTEE ON PRINTING other Zuni Lands if the severance and trans- (a) IN GENERAL.—The waiver and release Mr. BENNETT. Mr. President, I ask fer is accomplished in accordance with State authorizations contained in subsections (b) unanimous consent that the Senate law (and once transferred to any lands held and (c) of section 7 shall become effective as in fee, such water shall be subject to State proceed to the immediate consider- of the date the Secretary causes to be pub- ation of S. Con. Res. 20, which was sub- law). lished in the Federal Register a statement of (c) RIGHTS-OF-WAY.— all the following findings: mitted earlier today by Senators LOTT (1) NEW AND FUTURE TRUST LAND.—The land (1) This Act has been enacted in a form ap- and DODD. taken into trust under subsections (a) and proved by the parties in paragraph 3.1.A of The PRESIDING OFFICER. The (b) of section 5 shall be subject to existing the Settlement Agreement. clerk will report the concurrent resolu- easements and rights-of-way. (2) The funds authorized by section 4(b) tion by title. (2) ADDITIONAL RIGHTS-OF-WAY.— have been appropriated and deposited into The legislative clerk read as follows: (A) IN GENERAL.—Notwithstanding any the Fund. A concurrent resolution (S. Con. Res. 20) other provision of law, the Secretary, in con- (3) The State of Arizona has appropriated permitting the Chairman of the Committee sultation with the Tribe, shall grant addi- and deposited into the Fund the amount re- on Rules and Administration of the Senate tional rights-of-way or expansions of exist- quired by paragraph 7.6 of the Settlement to designate another member of the Com- ing rights-of-way for roads, utilities, and Agreement. mittee to serve on the Joint Committee on other accommodations to adjoining land- (4) The Zuni Indian Tribe has either pur- Printing in place of the Chairman. owners if— chased or acquired the right to purchase at There being no objection, the Senate (i) the proposed right-of-way is necessary least 2,350 acre-feet per annum of surface to the needs of the applicant; water rights, or waived this condition as pro- proceeded to consider the concurrent (ii) the proposed right-of-way will not vided in paragraph 3.2 of the Settlement resolution. cause significant and substantial harm to Agreement. Mr. BENNETT. Mr. President, I ask the Tribe’s wetland restoration project or re- (5) Pursuant to subparagraph 3.1.D of the unanimous consent that the concur- ligious practices; and Settlement Agreement, the severance and rent resolution be agreed to, and the (iii) the proposed right-of-way acquisition transfer of surface water rights that the motion to reconsider be laid upon the will comply with the procedures in part 169 Tribe owns or has the right to purchase have of title 25, Code of Federal Regulations, not table. been conditionally approved, or the Tribe The PRESIDING OFFICER. Without inconsistent with this subsection and other has waived this condition as provided in generally applicable Federal laws unrelated objection, it is so ordered. paragraph 3.2 of the Settlement Agreement. The concurrent resolution (S. Con. to the acquisition of interests across trust (6) Pursuant to subparagraph 3.1.E of the lands. Settlement Agreement, the Tribe and Lyman Res. 20) was agreed to, as follows: (B) ALTERNATIVES.—If the criteria de- Water Company have executed an agreement S. CON. RES. 20 scribed in clauses (i) through (iii) of subpara- relating to the process of the severance and Resolved by the Senate (the House of Rep- graph (A) are not met, the Secretary may transfer of surface water rights acquired by resentatives concurring), That effective for the propose an alternative right-of-way, or other the Zuni Tribe or the United States, the One Hundred Eighth Congress, the Chairman accommodation that complies with the cri- pass-through, use, or storage of the Tribe’s of the Committee on Rules and Administra- teria. surface water rights in Lyman Lake, and the tion of the Senate may designate another (d) CERTAIN CLAIMS PROHIBITED.—The operation of Lyman Dam. member of the Committee to serve on the United States shall make no claims for reim- (7) Pursuant to subparagraph 3.1.F of the Joint Committee on Printing in place of the bursement of costs arising out of the imple- Settlement Agreement, all the parties to the Chairman. mentation of this Act or the Settlement Settlement Agreement have agreed and stip- Agreement against any Indian-owned land f ulated to certain Arizona Game and Fish ab- within the Tribe’s Reservation, and no as- stracts of water uses. PROVIDING FOR MEMBERS OF THE sessment shall be made in regard to such (8) Pursuant to subparagraph 3.1.G of the JOINT COMMITTEE ON PRINTING costs against such lands. Settlement Agreement, all parties to the AND THE JOINT COMMITTEE OF (e) VESTED RIGHTS.—Except as described in paragraph 5.3 of the Settlement Agreement Settlement Agreement have agreed to the lo- CONGRESS ON THE LIBRARY (recognizing the Zuni Tribe’s use of 1,500 cation of an observation well and that well Mr. BENNETT. Mr. President, I ask acre-feet per annum of groundwater) this Act has been installed. (9) Pursuant to subparagraph 3.1.H of the unanimous consent that the Senate and the Settlement Agreement do not create now proceed to the immediate consid- any vested right to groundwater under Fed- Settlement Agreement, the Zuni Tribe, eral or State law, or any priority to the use Apache County, Arizona and the State of Ar- eration of S. Res. 84, which was sub- of groundwater that would be superior to any izona have executed an Intergovernmental mitted earlier today by Senators Lott other right or use of groundwater under Fed- Agreement that satisfies all of the condi- and Dodd. eral or State law, whether through this Act, tions in paragraph 6.2 of the Settlement The PRESIDING OFFICER. The the Settlement Agreement, or by incorpora- Agreement. clerk will report the resolution by tion of any abstract, agreement, or stipula- (10) The Zuni Tribe has acquired title to title. tion prepared under the Settlement Agree- the section of land adjacent to the Zuni The legislative clerk read as follows: ment. Notwithstanding the preceding sen- Heaven Reservation described as Section 34, Township 14 North, Range 26 East, Gila and A resolution (S. Res. 84) providing for tence, the rights of parties to the agree- members on the part of the Senate of the ments referred to in paragraph (1), (2), or (3) Salt River Base and Meridian. (11) The Settlement Agreement has been Joint Committee on Printing and the Joint of section 4(c) and paragraph 5.8 of the Set- Committee of Congress on the Library. tlement Agreement, as among themselves, modified if and to the extent it is in conflict shall be as stated in those agreements. with this Act and such modification has been There being no objection, the Senate (f) OTHER CLAIMS.—Nothing in the Settle- agreed to by all the parties to the Settle- proceeded to consider the resolution. ment Agreement or this Act quantifies or ment Agreement. Mr. BENNETT. Mr. President, I ask otherwise affects the water rights, claims, or (12) A court of competent jurisdiction has unanimous consent that the resolution entitlements to water of any Indian tribe, approved the Settlement Agreement by a be agreed to, and the motion to recon- band, or community, other than the Zuni In- final judgment and decree. sider be laid upon the table. dian Tribe. (b) DEADLINE FOR EFFECTIVE DATE.—If the The PRESIDING OFFICER. Without (g) NO MAJOR FEDERAL ACTION.— publication in the Federal Register required objection, it is so ordered. (1) IN GENERAL.—Execution of the Settle- under subsection (a) has not occurred by De- ment Agreement by the Secretary as pro- cember 31, 2006, sections 4 and 5, and any The resolution (S. Res. 84) was agreed vided for in section 4(a) shall not constitute agreements entered into pursuant to sec- to, as follows: major Federal action under the National En- tions 4 and 5 (including the Settlement S. RES. 84 vironmental Policy Act (42 U.S.C. 4321 et Agreement and the Intergovernmental Resolved, That the following named Mem- seq.). Agreement) shall not thereafter be effective bers be, and they are hereby, elected mem- (2) SETTLEMENT AGREEMENT.—In imple- and shall be null and void. Any funds and the bers of the following joint committees of menting the Settlement Agreement, the Sec- interest accrued thereon appropriated pursu- Congress: retary shall comply with all aspects of— ant to section 4(b)(2) shall revert to the JOINT COMMITTEE ON PRINTING: Mr. Cham- (A) the National Environmental Policy Act Treasury, and any funds and the interest ac- bliss, Mr. Cochran, Mr. Smith, Mr. Inouye, of 1969 (42 U.S.C. 4321 et seq.); crued thereon appropriated pursuant to para- and Mr. Dayton.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3760 CONGRESSIONAL RECORD — SENATE March 13, 2003 JOINT COMMITTEE OF CONGRESS ON THE LI- good illustration of how far we’ve proofing material, and the flames BRARY: Mr. Stevens, Mr. Lott, Mr. Cochran, come—and how far we have to go—in spread through the nightclub with Mr. Dodd, and Mr. Schumer. improving our emergency management shocking speed. By most estimates, it f capabilities. Local first responders took only 2 minutes—2 minutes—from were on the scene within minutes to the moment that soundproofing caught IMPROVED FIRE SAFETY IN help rescue victims, treat the injured, fire, until the building was engulfed in NONRESIDENTIAL BUILDINGS and fight the tremendous blaze that flames and filled with superheated, Mr. BENNETT. Mr. President, I ask consumed the Station nightclub. As toxic, black smoke. unanimous consent that the Senate casualties continued to mount, the As this disaster unfolded, heroic proceed to the immediate consider- Rhode Island Emergency Management emergency personnel rushed to the res- ation of H. Con. Res. 85, which is at the Agency coordinated the massive rescue cue, placing their own lives in jeop- desk. and recovery efforts by state and local ardy. Eyewitness accounts described The PRESIDING OFFICER. The agencies from Rhode Island, Massachu- amazing acts of bravery at the scene. clerk will report the concurrent resolu- setts, and Connecticut. Several hos- Firefighters saved dozens of men and tion by title. pitals in Rhode Island and Massachu- women, whom they pulled from the The legislative clerk read as follows: setts received scores of victims suf- doorways and windows of the burning A concurrent resolution (H. Con. Res. 85) fering from severe burns and smoke in- building. Meanwhile, EMTs did their expressing the sense of the Congress with re- halation, many of whom remain in best to stabilize those who were grave- gard to the need for improved fire safety in critical condition today. ly injured and worked with the police nonresidential buildings in the aftermath of There is no question that the re- to help bring order to the prevailing the tragic fire on February 20, 2003, at a sponse to the West Warwick fire was nightclub in West Warwick, Rhode Island. chaos. better than it would have been before Rhode Island is blessed with a net- There being no objection, the Senate September 11, 2001, thanks to our work of fine hospitals, several of which proceeded to consider the concurrent state’s efforts over the past 18 months have received national recognition for resolution. to strengthen emergency preparedness. the quality of their care. On that Mr. REED. Mr. President, yesterday Federal assistance in this regard has night, medical teams provided the best the House passed H. Con. Res.85, a reso- helped, including equipment and train- treatment for the injured, many of lution paying respect to the victims of ing grants from the Department of Jus- whom have a long recovery ahead. At the tragic nightclub fire on February tice’s Office of Domestic Preparedness, Rhode Island Hospital—which received 20, 2003 in West Warwick, RI, and ex- FIRE Grants from the Federal Emer- 65 fire victims, nearly all at once—an pressing the sense of Congress regard- gency Management Agency, and bio- entire floor was converted into a burn ing the need for improved fire safety in terror preparedness grants from the unit overnight. Surgeons, nurses, tech- buildings used by the public. I thank Department of Health and Human nicians and other support staff must my colleagues for expediting consider- Services, which included funding to have been overwhelmed by the trauma, ation of this important resolution in create regional hospital plans to re- but they persevered. the Senate today. spond to terrorism. Rhode Island’s new Governor, Don The West Warwick fire is a dev- But we can do better. As tragic as the Carcieri has been brilliant in managing astating loss that has affected the lives West Warwick fire was, it was a local- the State’s response to this crisis. Less of thousands of Rhode Islanders. Mr. ized event involving deaths and inju- than 2 months after taking office, Gov- President, 99 people have died, and ries in the hundreds rather than thou- ernor Carcieri has demonstrated re- nearly 190 people were injured, many of sands, yet it overwhelmed our state’s markable leadership abilities in the whom are still in hospitals in critical emergency response systems and hos- aftermath of the fire. His efforts came condition. pital emergency room capacity. Assist- at a critical time and helped ensure In the first minutes and hours of this ance from surrounding states and Fed- that every public official delivered a tragedy, our firefighters, police, and eral agencies was required to manage consistent, productive message. emergency medical personnel per- the immense tasks of emergency re- Whether speaking to all Rhode Is- formed heroically under horrific cir- sponse, medical care, and identifying landers at a televised press conference cumstances, as did many of the patrons scores of bodies. or visiting quietly with grieving fami- who were at the scene and helped to Rhode Island and other states, with lies, Governor Carcieri has emerged as save others. the support of the Federal Govern- a strong, reassuring presence during a I want to express my heartfelt condo- ment, will continue our efforts to very difficult time for Rhode Island. He lences to the many families of those strengthen the security of our home- has expressed our anger at what when who perished in the West Warwick fire, land, and we will apply the hard les- wrong, and our compassion for the vic- and to let them know that our sons learned in West Warwick about tims and their loved ones. thoughts and prayers are with them safety in public buildings. Federal agencies also responded im- and with the survivors who will strug- Mr. President, I thank my colleagues mediately to this enormous tragedy. I gle with the physical and mental toll of for supporting this important resolu- am grateful for all of the assistance this horrible event for the rest of their tion to urge state and local officials that Rhode Island has received thus lives. and owners of entertainment facilities far: from the Bureau of Alcohol, To- This was a catastrophe brought on by to examine their safety practices, fire bacco, and Firearms, the Department a series of bad decisions. Fault will be codes, and enforcement capabilities to of Health and Human Services, and the sorted out in time, but there are al- ensure that such a tragedy never be- Small Business Administration. ready lessons learned. falls any community again. My family and I extend our heartfelt State and local officials across the Mr. CHAFEE. Mr. President, 3 weeks sympathy to the families at this time country are, and should be, reexam- ago—on a cold winter evening—several of great sadness. I hope they will take ining their fire and building codes and hundred people gathered at the Station some comfort in knowing that even stepping up enforcement of safety prac- nightclub, a popular venue for live with a population of more than 1 mil- tices in public buildings to make sure bands in West Warwick, RI. They had lion people, Rhode Island is small that a tragedy like this does not hap- come to spend time with friends and to enough that its citizens consider one pen again. Congress should do every- listen to music. Too quickly, this fes- another as neighbors. That sense of thing it can to support this effort and tive occasion turned to horror. closeness—developed over decades of to encourage both state and local gov- A local television cameraman—who shared experiences, both joyful and sor- ernments and federal agencies to adopt ironically was there to shoot footage rowful—binds us together and is part of and strictly enforce the most current for a news story on nightclub safety— what makes Rhode Island unique fire and building consensus codes. captured the scene in an extraordinary among the States. In addition, as our nation continues piece of video that will haunt Rhode Is- Those connections are especially to fight the war on terror, the response landers for many years. A pyrotechnic strongly felt in small towns and vil- to the West Warwick fire provides a display on stage ignited nearby sound- lages, such as Potowomut, where my

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3761 family has made its home for many AUTHORIZING TESTIMONY AND The PRESIDING OFFICER. The years. Potowomut is a close-knit com- LEGAL REPRESENTATION clerk will report the resolution by munity, somewhat isolated from the Mr. BENNETT. Mr. President, I ask title. rest of the city of Warwick and Rhode unanimous consent that the Senate The legislative clerk read as follows: Island—on a peninsula that juts out now proceed to the immediate consid- A resolution (S. Res. 87) commemorating into Narragansett Bay. Sadly, a fellow eration of S. Res. 86, which was sub- the Centennial Anniversary of the National Wildlife Refuge System. Potowomut resident, Tracy King, was mitted earlier today. among those who perished in the fire. The PRESIDING OFFICER. The There being no objection, the Senate Tracy was working at the Station clerk will report the resolution by proceeded to consider the resolution. Mr. GRAHAM of Florida. 100 years nightclub on the night of the fire, and title. ago tomorrow, President Theodore as least initially, managed to escape The legislative clerk read as follows: Roosevelt ordered that a small island the blaze. Once outside, however, he A resolution (S. Res. 86) to authorize testi- in Florida’s Indian River be forever rushed back into the building to help mony and legal representation in W. Curtis protected as a ‘‘preserve and breeding others scramble to safety. Tracy was a Shain v. G. Hunter Bates, et al. ground for native birds.’’ With this tall, powerful man—always bursting There being no objection, the Senate simple promise of wildlife protection, with energy—and I am certain that he proceeded to consider the resolution. the National Wildlife Refuge System helped save some lives. I share in the Mr. BENNETT. Mr. President, I ask was born. A century later, the refuge heartbreak that all of Tracy’s friends unanimous consent that the resolution be agreed to, the preamble be agreed system has grown to include more that feel, knowing that he did not make it 530 refuges on more than 94 million back out in time. to, the motion to reconsider be laid upon the table, and that any state- acres with locations in every state. In recent years, Tracy had achieved a Florida’s National Wildlife Refuges ments relating to this matter be print- measure of fame in Rhode Island, as he have been fulfilling the promise of pro- had an unusual talent for balancing ed in the RECORD. The PRESIDING OFFICER. Without tecting wildlife for a full century. Peli- large, heavy objects on his chin— can Island, the first refuge, is being re- Christmas trees, ladders, desks—even a objection, it is so ordered. The resolution (S. Res. 86) was agreed stored to its original size so that birds refrigerator—all balanced perfectly on to. may be able to find refuge there for the his chin. The preamble was agreed to. next hundred years. Archie Carr Na- In 1993, he appeared on ‘‘The Late The resolution, with its preamble, tional Wildlife Refuge in Titusville Show with David Letterman,’’ and bal- reads as follows: protects endangered sea turtles so they anced a 17-foot canoe. Imagine that—a S. RES. 86 have an undisturbed place to lay their 17-foot canoe, straight up in the air! Whereas, in the case of W. Curtis Shain v. eggs. And, Florida Panther National Tracy was a wonderful entertainer, and G. Hunter Bates, et al., No. 03–CI–00153, pend- Wildlife Refuge in Naples is protecting he especially enjoyed performing for ing in Division II of the Oldham Circuit our state animal, the Florida Panther, groups of children. He generously Court, Twelfth Judicial Circuit, Common- which is on the brink of extinction. shared his talent at local festivals, wealth of Kentucky, an affidavit has been re- The National Wildlife Refuges in schools, and hospitals—everyone de- quested from Senator Mitch McConnell; Florida have been protecting more lighted in seeing him in action. Whereas, pursuant to sections 703(a) and than just animals. As part of the great- 704(a)(2) of the Ethics in Government Act of Tracy King leaves behind his wife, er Everglades ecosystem, Ten Thou- 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the sand Islands National Wildlife Refuge Evelyn, and three sons—Joshua, Jacob, Senate may direct its counsel to represent and Jordan. I ask my colleagues to re- Members of the Senate with respect to any and the Arthur R. Marshall member the King family in their pray- subpoena, order, or request for testimony re- Loxahatchee National Wildlife Refuge are protecting both the wildlife and ers. lating to their official responsibilities; Whereas, by the privileges of the Senate of habitats that make up part of Amer- We also remember that there are the United States and Rule XI of the Stand- ica’s Everglades. many other families in Rhode Island, ing Rules of the Senate, no evidence under Florida is a destination for sports- and across the State line in Massachu- the control or in the possession of the Senate men and nature lovers throughout the setts, that are still coping with this may, by the judicial or administrative proc- world. Be they avid hunters or fisher- sudden, traumatic loss. In the days fol- ess, be taken from such control or possession men or tourists traveling to visit our lowing the fire, survivors and family but by permission of the Senate; Whereas, by Rule VI of the Standing Rules unsurpassed beaches or the pristine members of those who had died or been of the Senate, no Senator shall absent him- beauty of Florida’s interior, the Na- injured gathered together to mourn, to self from the service of the Senate without tional Wildlife Refuge System is part ask questions, and to share their sto- leave; and of the allure, with facilities and loca- ries. May they continue to draw Whereas, when it appears that evidence tions to cater to any person who wants strength from one another, and be sus- under the control or in the possession of the to visit nature. tained by the enduring support of their Senate may promote the administration of Nationwide, more than 35 million community. justice, the Senate will take such action as people visit national wildlife refuges to will promote the ends of justice consistent The Senate is considering this con- with the privileges of the Senate: Now, see some of the world’s most amazing current resolution recently approved in therefore, be it wildlife spectacles, or to fish, hunt, the House, cosponsored by my col- Resolved, That Senator McConnell is au- photograph nature, and learn about our leagues in the Rhode Island delegation, thorized to provide testimony in the case of natural and cultural history. expressing the importance of improved W. Curtis Shain v. G. Hunter Bates, et al., ex- The centennial anniversary of the fire safety in nonresidential buildings cept concerning matters for which a privi- National Wildlife Refuge System is a in the aftermath of this tragic fire. I lege should be asserted and when his attend- time to celebrate these natural treas- ance at the Senate is necessary for the per- urge adoption of the resolution. ures and recognize their value to our formance of his legislative duties. society. Today there is a celebration of Mr. BENNETT. Mr. President, I ask SEC. 2. The Senate Legal Counsel is author- unanimous consent that the concur- ized to represent Senator McConnell in con- Pelican Island to commemorate this rent resolution and preamble be agreed nection with any testimony authorized in historic day. Throughout the year, to en bloc, that the motion to recon- section one of this resolution. there will be other celebrations in honor of 100 years of successful preser- sider be laid upon the table, with no in- f vation. Because National Wildlife Ref- tervening action or debate, and that CENTENNIAL ANNIVERSARY OF uges have been such an important part any statements relating to this meas- NATIONAL WILDLIFE REFUGE of the ecological preservation of our ure be printed in the RECORD. SYSTEM nation, I joined with my colleague The PRESIDING OFFICER. Without Mr. BENNETT. Mr. President, I ask from Florida, Senator NELSON, in spon- objection, it is so ordered. unanimous consent that the Senate soring a resolution that would reaffirm The concurrent resolution (H. Con. now proceed to the immediate consid- the strong support that the National Res. 85) was agreed to. eration of S. Res. 87, introduced earlier Wildlife Refuge System enjoys in this The preamble was agreed to. today by Senator NELSON of Florida. body.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3762 CONGRESSIONAL RECORD — SENATE March 13, 2003 National Wildlife Refuges are a key pertise to making the National Wildlife Mr. BENNETT. Mr. President, I ask component of our nation’s conserva- Refuge experience a memorable one for unanimous consent that the resolution tion network. Because of the establish- all of us. be agreed to, the preamble be agreed ment of the Refuge System, wildlife of Congratulations to all involved in to, the motion to reconsider be laid all types have a safe place to live and the National Wildlife Refuge System. upon the table, and that any state- human beings have a place to interact Mr. BENNETT. Mr. President, I ask ments relating to this matter be print- with the wildlife and nature in an eco- unanimous consent that the resolution ed in the RECORD. logically responsible way. The National and preamble be agreed to en bloc, the The PRESIDING OFFICER. Without Wildlife Refuge System has had a suc- motion to reconsider be laid upon the objection, it is so ordered. cessful 100 years and I hope we can con- table, with no intervening action or de- The resolution (S. Res. 88) was agreed tinue to support the system so it pros- bate, and that any statements relating to. pers for the next 100 years. to this measure be printed in the The preamble was agreed to. Mr. JEFFORDS. Mr. President, I join RECORD. The resolution, with its preamble, my colleagues from Florida in com- The PRESIDING OFFICER. Without reads as follows: memorating the 100th anniversary of objection, it is so ordered. S. RES. 88 the founding of the National Wildlife The resolution (S. Res. 87) was agreed Whereas James Buckley served in the Refuge System. One hundred years ago, to. United States Senate with great dedication, President Teddy Roosevelt established The preamble was agreed to. integrity, and professionalism as a trusted the first wildlife refuge, Florida’s 3- The resolution, with its preamble, colleague from the State of New York; acre Pelican Island. This small begin- reads as follows: Whereas James Buckley served with dis- ning has given rise to more than 500 S. RES. 87 tinction for more than a decade as a Circuit Judge on the United States Court of Appeals Whereas March 14, 2003, will mark the Cen- National Wildlife Refuges throughout for the District of Columbia Circuit; tennial Anniversary of the National Wildlife our country, demonstrating that Amer- Whereas James Buckley’s long and distin- Refuge System; icans want unique places for wildlife to guished career in public service also included Whereas the United States Senate con- serving in the U.S. Navy during World War flourish and allow for recreation. tinues to fully support the mission of the Na- II, as Undersecretary of State for Security While Florida is home to the first ref- tional Wildlife Refuge System, and shares Assistance, and as President of Radio Free uge, my state of Vermont home to two President Theodore Roosevelt’s view that: Europe; refuges, the Missisquoi National Wild- ‘‘Wild beasts and birds are by right not the Whereas James Buckley celebrated his 80th life Refuge and the Silvio O. Conte Na- property merely of the people who are alive birthday earlier this week: Now, therefore, today, but the property of unknown genera- tional Wildlife Refuge. be it tions, whose belongings we have no right to The Missisquoi Refuge, founded in Resolved, That the Senate— squander’’; 1943, was established to provide a rest- (1) acknowledges and honors the tremen- Whereas President Theodore Roosevelt’s ing feeding area for migratory water- dous contributions made by James Buckley vision in 1903 to conserve wildlife started fowl, and as a general wildlife refuge. It during his distinguished career to the execu- with the plants and animals on the tiny Peli- tive, legislative, and judicial branches of the spans 6,592 acres on the eastern shore can Island on Florida’s East Coast, and has United States; and of Lake Champlain. It is a mix of hard- flourished across the United States and its (2) congratulates and expresses best wishes wood forests and open fields and home territories, allowing for the preservation of a to James Buckley on the celebration of his to the largest heron rookery in vast array of species; and 80th birthday. Vermont. More than 200,000 ducks con- Whereas the National Wildlife Refuge Sys- verge on the refuge each fall and most tem of 540 refuges, that now hosts 35,000,000 f of Vermont’s black terns nest on the visitors annually, with the help of 30,000 vol- HONORING FORMER GOVERNOR refuge. Osprey nest on the refuge and unteers, is home to wildlife of almost every ORVILLE L. FREEMAN variety in every state of the union within an Missisquoi River and the shoreline of hour’s drive of almost every major city: Mr. BENNETT. Mr. President, I ask Lake Champlain provide outstanding Now, therefore, be it unanimous consent that the Senate fishing opportunities. Resolved, That the Senate— proceed to the immediate consider- Our Silvio O. Conte Refuge, founded (1) congratulates the National Wildlife Ref- ation of S. Res. 89, which was intro- in 1997, is shared with New Hampshire uge System on its Centennial Anniversary; duced earlier today by Senators Day- and Massachusetts. It was established (2) expresses strong support for the Na- tional Wildlife Refuge System’s continued ton and Coleman. to protect the abundance and diversity The PRESIDING OFFICER. The of native species throughout the 7.2 success in the next 100 years and beyond; (3) encourages the National Wildlife Refuge clerk will report the resolution by million-acre Connecticut River water- System in its continued efforts to broaden title. shed. In addition to protecting rare understanding and appreciation for the Ref- The legislative clerk read as follows: species, native plants and animals and uge System, to increase partnerships on be- A resolution (S. Res. 89) honoring the life their habitat, managers of this refuge half of the National Wildlife Refuge System of former Governor of Minnesota Orville L. are working with partners throughout to better manage and monitor wildlife, and Freeman, and expressing the deepest condo- New England to help control invasive to continue its support of outdoor rec- lences of the Senate to his family on his species. reational activities; and death. The wildlife and recreation opportu- (4) reaffirms its commitment to continued support for the National Wildlife Refuge Sys- There being no objection, the Senate nities provided by our refugees are tem, and the conservation of our Nation’s proceeded to consider the resolution. made possible by the dedication of the rich natural heritage. Mr. BENNETT. Mr. President, I ask Fish and Wildlife Service employees, f unanimous consent that the resolution who I could like to congratulate today. and preamble be agreed to en bloc, the Without their expertise and dedication HONORING THE 80TH BIRTHDAY OF motion to reconsider be laid upon the to providing visitors with hunting, JAMES L. BUCKLEY table, with no intervening action or de- fishing, wildlife observation, photog- Mr. BENNETT. Mr. President, I ask bate, and that any statements relating raphy, interpretation and environ- unanimous consent that the Senate to this measure be printed in the mental education opportunities, our proceed to the immediate consider- RECORD. refuge system would not be enjoying ation of S. Res. 88 which was submitted The PRESIDING OFFICER. Without the success we are celebrating today. earlier today by Senator HATCH. objection, it is so ordered. They provided this public service to The PRESIDING OFFICER. The The resolution (S. Res. 89) was agreed more than 55,000 annual visitors at our clerk will report the resolution by to. 2 refugees and I hope that these class- title. The preamble was agreed to. rooms of natural continue to provide The legislative clerk read as follows: The resolution, with its preamble, children and adult alike a unique edu- A resolution (S. Res. 88) honoring the 80th reads as follows: cational experience. birthday of James L. Buckley, former United S. RES. 89 In addition, I would like to acknowl- States Senator for the State of New York. Whereas the Senate has learned with sad- edge the thousands of volunteers na- There being no objection, the Senate ness of the death of former Governor of Min- tionwide who give their time and ex- proceeded to consider the resolution. nesota Orville L. Freeman;

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3763 Whereas Orville L. Freeman, born in Min- ORDER FOR FILING BY BUDGET Government of the United States of America neapolis, Minnesota, greatly distinguished COMMITTEE and the Government of Australia for the himself by his long commitment to public Avoidance of Double Taxation and the Pre- service; Mr. BENNETT. Mr. President, I ask vention of Fiscal Evasion with Respect to Whereas Orville L. Freeman, football star, unanimous consent that notwith- Taxes on Income, signed at Canberra on Sep- student council president, and Phi Beta standing the Senate’s adjournment, the tember 27, 2001 (Treaty Doc. 107–20). Kappa honors student, graduated magna cum Budget Committee have from 11 a.m. laude from the University of Minnesota; until noon on March 14 to report legis- CALENDAR NO. 4 Whereas Orville L. Freeman, a Major in lative matters. Resolved, (two-thirds of the Senators present the Marine Corps, served the United States concurring therein), That the Senate advise with honor and distinction during World War f and consent to the ratification of the Second Additional Protocol That Modifies the Con- II, and was awarded a Purple Heart for EXECUTIVE SESSION wounds associated with his heroism; vention Between the Government of the Whereas the organizational leadership of United States of America and the Govern- Orville L. Freeman helped build the Min- ment of the United Mexican States for the nesota Democratic-Farmer-Labor Party into TREATIES Avoidance of Double Taxation and the Pre- a successful political party; Mr. BENNETT. Mr. President, I ask vention of Fiscal Evasion with Respect to Whereas, in 1954, Orville L. Freeman be- Taxes on Income, signed at Mexico City on unanimous consent that the Senate November 26, 2002 (Treaty Doc. 108–3). came the first Democratic-Farmer-Labor proceed to executive session to con- candidate to be elected Governor of Min- sider the following treaties on today’s f nesota; ORDERS FOR MONDAY, MARCH 17, Whereas Orville L. Freeman, elected to 3 Executive Calendar: Nos. 2, 3, and 4. consecutive terms as Governor, advanced the I further ask unanimous consent that 2003 concept of governance now known as ‘‘the the treaties be considered as having Mr. BENNETT. Mr. President, I ask Minnesota Consensus,’’ which views govern- passed through their various par- unanimous consent that when the Sen- ment as a positive force in the lives of citi- liamentary stages up to and including ate completes its business today, it zens, and government programs as invest- the presentation of the resolutions of stand in adjournment until 1 p.m., ments in Minnesota’s future; ratification; that any statements be in- Monday, March 17. I further ask that Whereas, during his service as Governor of serted in the RECORD as if read; and following the prayer and the pledge, Minnesota, Orville L. Freeman increased State funding for education, improved health that the Senate take one vote on the the morning hour be deemed to have and rehabilitation programs, expanded con- resolutions of ratification to be consid- expired and the Journal of proceedings servation efforts, and achieved many other ered as separate votes; further, that be approved to date, the time for the successes that improved his State and the when the resolutions of ratification are two leaders be reserved for their use lives of its citizens; voted upon, the motion to reconsider later in the day, and the Senate then Whereas Orville L. Freeman served as the be laid upon the table, the President be begin a period of morning business Secretary of Agriculture in the administra- notified of the Senate’s action, and until the hour of 2 p.m., with the time tions of President John F. Kennedy and that following the disposition of the equally divided between the two lead- President Lyndon B. Johnson, during which ers or their designee. service he initiated global food assistance treaties the Senate return to legisla- tive session. The PRESIDING OFFICER. Without programs and developed the domestic food objection, it is so ordered. stamp and school breakfast programs; The PRESIDING OFFICER. Without Whereas, in addition to his outstanding objection, it is so ordered. The treaties f public service, Orville L. Freeman was also a will be considered to have passed PROGRAM successful international lawyer and business through their various parliamentary Mr. BENNETT. Mr. President, for the executive; stages up to and including the presen- information of all Senators, on Monday Whereas Orville L. Freeman was a devoted tation of the resolutions of ratifica- husband to his wife, Jane, for 62 years, a lov- the Senate will be in a period of morn- tion. ing father to two exceptional children, Con- ing business until 2 p.m. Under a pre- stance and Michael, and a proud grandfather Mr. BENNETT. Mr. President, I ask vious agreement, at 2 p.m. the Senate to three talented grandchildren, Elizabeth, for a division vote on the resolutions of will begin consideration of the budget Kathryn, and Matthew; and ratification. resolution. I remind my colleagues Whereas Orville L. Freeman led a life that The PRESIDING OFFICER. A divi- that under the budget procedures, was remarkable for its breadth of pursuits, sion has been requested. multitude of accomplishments, standards of there will be up to 50 hours for debate Senators in favor of the ratification on the resolution. Members, therefore, excellence, dedication to public service, and of these treaties, please rise. (After a important contributions to the improvement should anticipate late sessions and nu- of his country and the lives of his fellow citi- pause.) Those opposed will rise and merous rollcall votes next week. zens: Now, therefore, be it stand until counted. As a reminder, another cloture mo- With two-thirds of the Senators Resolved, That the United States Senate— tion was filed on the Estrada nomina- (1) pays tribute to the outstanding career present having voted in the affirma- tion today. That cloture vote will and devoted work of the great Minnesota and tive, the resolutions of ratification are occur on Tuesday morning. As an- national leader, Orville L. Freeman; agreed to. nounced earlier, there will be no roll- (2) expresses its deepest condolences to the The resolutions of ratification are as call votes on Monday. The next rollcall family of Orville L. Freeman on his death; follows: vote will occur on Tuesday morning, and CALENDER NO. 2 and Senators will be notified of the (3) directs the Secretary of the Senate to Resolved, (two-thirds of the Senators present time when that vote will occur. transmit an enrolled copy of this resolution concurring therein), That the Senate advise to the family of Orville L. Freeman. f and consent to the ratification of the Con- vention between the Government of the ADJOURNMENT UNTIL 1 P.M., f United States of America and the Govern- MONDAY, MARCH 17, 2003 ment of the United Kingdom of Great Britain The PRESIDING OFFICER. Mr. PRINTING OF TRIBUTES TO DR. and Northern Ireland for the Avoidance of President, if there is no further busi- LLOYD OGILVIE Double Taxation and the Prevention of Fis- ness to come before the Senate, I ask cal Evasion with Respect to Taxes on Income unanimous consent that the Senate and on Capital Gains, signed at London on Mr. BENNETT. Mr. President, I ask stand in adjournment under the pre- unanimous consent that the tributes to July 24, 2001, together with an Exchange of Notes, as amended by the Protocol signed at vious order. Dr. Lloyd Ogilvie, the retiring Senate Washington on July 19, 2002 (Treaty Doc. 107– There being no objection, the Senate, Chaplain, be printed as a Senate docu- 19). at 7:20 p.m., adjourned until Monday, ment, with the understanding that March 17, 2003, at 1 p.m. Members have until 12 noon, Friday, CALENDAR NO. 3 f March 21, to submit these tributes. Resolved, (two-thirds of the Senators present NOMINATIONS concurring therein), That the Senate advise The PRESIDING OFFICER. Without and consent to the ratification of the Pro- Executive nominations received by objection, it is so ordered. tocol Amending the Convention Between the the Senate March 13, 2003:

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DEPARTMENT OF JUSTICE To be major general COLONEL OSCAR S. DEPRIEST IV, 0000 COLONEL MARI K. EDER, 0000 R. HEWITT PATE, OF VIRGINIA, TO BE AN ASSISTANT BRIGADIER GENERAL JEFFERY L. ARNOLD, 0000 COLONEL DENNIS P. GEOGHAN, 0000 ATTORNEY GENERAL, VICE CHARLES A. JAMES, JR. BRIGADIER GENERAL ROBERT M. CARROTHERS, 0000 COLONEL ALAN E. GRICE, 0000 THE JUDICIARY BRIGADIER GENERAL MICHAEL G. CORRIGAN, 0000 COLONEL PAUL F. HAMM, 0000 BRIGADIER GENERAL GEORGE R. FAY, 0000 COLONEL PHILIP L. HANRAHAN, 0000 DAVID G. CAMPBELL, OF ARIZONA, TO BE UNITED BRIGADIER GENERAL JOHN R. HAWKINS III, 0000 COLONEL CHRISTOPHER A. INGRAM, 0000 BRIGADIER GENERAL MICHAEL K. JELINSKY, 0000 STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- COLONEL JANIS L. KARPINSKI, 0000 ZONA, VICE A NEW POSITION CREATED BY PUBLIC LAW BRIGADIER GENERAL TERRILL K. MOFFETT, 0000 COLONEL JOHN F. MCNEILL, 0000 107–273, APPROVED NOVEMBER 5, 2002. BRIGADIER GENERAL PAUL D. PATRICK, 0000 BRIGADIER GENERAL HARRY J. PHILIPS JR., 0000 COLONEL WILLIAM MONK III, 0000 DEPARTMENT OF STATE BRIGADIER GENERAL JERRY W. RESHETAR, 0000 COLONEL GARY M. PROFIT, 0000 COLONEL DOUGLAS G. RICHARDSON, 0000 HELEN R. MEAGHER LA LIME, OF FLORIDA, A CAREER BRIGADIER GENERAL STEPHEN B. THOMPSON, 0000 COLONEL MICHAEL J. SCHWEIGER, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF BRIGADIER GENERAL STEPHEN D. TOM, 0000 COLONEL RICHARD J. SHERLOCK JR., 0000 COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND BRIGADIER GENERAL GEORGE W. WELLS JR., 0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA BRIGADIER GENERAL ROBERT J. WILLIAMSON, 0000 COLONEL CHARLES B. SKAGGS, 0000 TO THE REPUBLIC OF MOZAMBIQUE. COLONEL RICHARD M. TABOR, 0000 To be brigadier general COLONEL PHILLIP J. THORPE, 0000 IN THE ARMY COLONEL CHARLES J. BARR, 0000 COLONEL ENNIS C. WHITEHEAD III, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL DAVID N. BLACKLEDGE, 0000 IN THE RESERVE OF THE ARMY TO THE GRADES INDI- COLONEL BRIAN J. BOWERS, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL EDWIN S. CASTLE, 0000

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INTRODUCTION OF THE MILITARY STATE HIGH-RISK POOL DRUG the operation of the program. People who are TRIBUNALS ACT OF 2003 ASSISTANCE PROGRAM ACT enrolled in a risk pool and who take mainte- nance drugs for chronic conditions could save HON. MARK UDALL 40 percent on their prescriptions. HON. ADAM B. SCHIFF OF COLORADO The bill uses the federal government’s pur- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES chasing power to provide discounts to drugs for high-risk pools nationwide. If individuals in IN THE HOUSE OF REPRESENTATIVES Thursday, March 13, 2003 high-risk pools can’t get the drugs they need Mr. UDALL of Colorado. Mr. Speaker, today Thursday, March 13, 2003 to manage their condition, they could end up I am introducing the State High-risk Pool Drug in the emergency room and cost the taxpayers Mr. SCHIFF. Mr. Speaker, today I am intro- Assistance Program Act. The bill provides millions of dollars. If they weren’t covered ducing, with my colleague Mr. FRANK of Mas- much needed relief on prescription drug costs under the risk pool, they would most likely end sachusetts, the Military Tribunals Act of 2003 for those individuals who get health insurance up in Medicaid or uninsured, which would cost to provide congressional authorization for tri- coverage through a qualified state high-risk the taxpayers millions of dollars. Ironically, bunals to try unlawful combatants against the pool insurance program. many consumers in risk pools have conditions While much of the debate on prescription United States in the war on terrorism. that would qualify them for one of the public drugs has focused on older Americans, there As the war on terrorism continues and more programs currently covered under the 340B is another group of Americans who need af- drug discount program. But their income level suspected al Qaeda terrorists are arrested, fordable access to prescription drugs. These is too high for public health programs and too Congress must ensure that justice is delivered people are the 153,000 individuals who get low to afford coverage in the individual market, swiftly and responsibly in order to punish the health care coverage through a state high-risk and that’s only if they aren’t denied coverage terrorists as well as to prevent future attacks. pool insurance program. due to a pre-existing condition. Article 1, Section 8 of the Constitution pro- Thirty states have established high-risk pools for individuals who cannot obtain or af- Some may ask what the federal interest is vides that it is the Congress that has the in this issue. Congress has already deter- power to establish tribunals inferior to the Su- ford health insurance in the individual market. High-risk pools generally cover people who mined that interest by guaranteeing that peo- preme Court. Up until now, however, there have been denied coverage because of a pre- ple have access to high-risk pools through the has been no congressional authorization for existing condition or who have received Health Insurance Portability and Accessibility military tribunals. Efforts to form such tribu- quotes from insurers that are higher than the Act of 1996 and the Trade Act of 2002, both nals, to date, have been performed solely by premiums offered by the risk pools. Their pre- of which are federal laws. Since the federal executive order of the President with clarifying miums range from 124 percent to 200 percent government is requiring high-risk pools to regulations promulgated by the Secretary of of the standard market rates in their state. cover more people, it should make high-risk Defense. For example, a female, non-smoker who pools covered entities under the 340B pro- Some would argue, not implausibly, that de- lives in Adams County in Colorado may pay gram to save taxpayer dollars. spite the clear language of Article 1, Section $850 a month in premiums to obtain coverage The legislation is good for the insurance 8, congressional authorization is not nec- through Cover Colorado, my state’s highrisk market, consumers, employers and states. It is essary; that as Commander-in-Chief, the pool. If this woman takes medications to man- good for the insurance market and for con- President has the authority to regulate the af- age a chronic disease, she will have fewer sumers because high-risk pools stabilize fairs of the military which extends to the adju- dollars to spend on them. I have heard stories health insurance coverage and reduce the dication of unlawful combatants. However, if about people with chronic conditions cutting number of uninsured. their pills in half, choosing between paying for Congress fails to act, any adjudications by It is good for the risk pools because the drugs and paying for food, or forgoing the military tribunal will likely be challenged in savings that they experience from the drug medications altogether. These folks shouldn’t court on the basis that the tribunals were im- discount can be used to provide more afford- be forced to make these choices at all. I think properly constituted. able coverage and better health plans. it’s time for Congress to do something to help The Military Tribunals Act of 2003 estab- state high-risk pools, consumers, employers It is good for consumers because it will give lishes the jurisdiction of these new courts to and state legislatures control the cost of people in high-risk pools access to affordable quickly and efficiently prosecute suspected al healthcare. maintenance medications for chronic condi- Qaeda terrorists who are not U.S. citizens or My bill would add qualified state high-risk tions and keep them out of the emergency lawful residents. The bill preserves the basic pool programs to the list of entities that partici- room. rights of habeus corpus, appeal, and due pate in the Public Health Service’s 340B pric- It is good for employers because if we con- process. Furthermore, this legislation protects ing program, which was created in 1992 to trol the costs of the high-risk programs, it will the confidentiality of sources of information, help safety net providers purchase outpatient keep down the assessments that insurers and protects classified information, and also pro- drugs at discounted rates. The 340B program employers pay to fund the program. tects ordinary citizens from being exposed to has expanded access to care to low-income the dangers of trying these suspects. and vulnerable populations without increasing And it is good for states because if we con- trol the costs of the program, cash-strapped Perhaps of most importance, in the context the financial burden on taxpayers. The pro- gram has saved safety net providers and the states won’t have to find additional funds to of a war without a clear end and against an stabilize the risk pool, and the state’s contribu- enemy without uniform or nation, this bill re- taxpayers hundreds of millions of dollars in outpatient drug costs. We should extend the tion will go a lot further. quires the President to report to Congress on program to include high-risk pools. Mr. Speaker, a small but not insignificant who is detained, for how long, and on what My bill uses the National Association of In- number of people would benefit from my legis- basis. surance Commissioners definition of qualified lation, and it would save millions of dollars in Mr. Speaker, in sum, the Military Tribunals state high-risk pool so that all risk pools would health care costs and uncompensated care. Act of 2003 gives the Commander-in-Chief the be able to participate in the program. It gives This is a prevention bill, a cost savings bill, a power to try unlawful combatants, provides the the Secretary of Health and Human Services pro-business bill and a taxpayer savings bill. I confidence that these judgments will be the power to promulgate regulations to carry look forward to working with my colleagues upheld, establishes clear rules of due process, out the program so that it is run similarly to and all interested parties to pass meaningful and ensures that the hallmarks of our democ- the successful AIDS Drug Assistance Pro- drug assistance legislation for our nation’s racy are not compromised. gram; however it sets minimum regulations for state high-risk pools.

∑ 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 Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MR8.001 E13PT1 E454 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2003 TRIBUTE TO THE LATE JOHN FOS- happy and well-trained so they could take Foster is survived by his wife, Karen M. TER, SHERIFF OF JOHNSON good care of their community. Foster; five children, Margaret, Diane, Susie, COUNTY, KANSAS ‘‘He loved officers,’’ Fairway Police Chief Jan and Todd; and four granddaughters. Kevin Cavanaugh said. ‘‘He loved what they Instead of flowers, Foster’s family suggests stood for and what they represent. He did ev- donations to a scholarship fund for law-en- HON. DENNIS MOORE erything in his power to teach people and be forcement families that they plan to estab- OF KANSAS an example of how to put their best foot for- lish soon. IN THE HOUSE OF REPRESENTATIVES ward in the best possible way.’’ The family was making funeral plans Foster helped the Sheriff’s Department win Thursday. Thursday, March 13, 2003 raises to reduce the number of deputies who f Mr. MOORE of Kansas. Mr. Speaker, I rise left for better-paying jobs, switched to bet- ter-looking uniforms and constantly trained to pay tribute to a dedicated public servant, OUR PATRIOT SAILORS: HONORING a new generation of law-enforcement leaders. CAPTAIN JAMES PARESE the late John Foster, Sheriff of Johnson Coun- ‘‘He’d accomplished a lot, but I know he ty, Kansas, who passed away on March 6th wasn’t done,’’ Johnson County District At- after a brief but valiant battle with pancreatic torney Paul Morrison said. HON. VITO FOSSELLA cancer. In Topeka, the Kansas House approved a OF NEW YORK John Foster, who died at age 67, began his resolution Thursday honoring Foster for his IN THE HOUSE OF REPRESENTATIVES nearly 50 years of public service in law en- career in the Johnson County Sheriff’s Depart- Thursday, March 13, 2003 ment in 1956, then took the post of assistant forcement. A copy will be given to his fam- ily. It was sponsored by House members from Mr. FOSSELLA. Mr. Speaker, we wake up police chief in Fairway, Kansas, four years Johnson County. later. He became chief of police in Lenexa, every morning to our newspapers filled with Sen. Karin Brownlee, an Olathe Repub- stories of possible war, of tragic loss of our Kansas, in 1971 and retired briefly twenty lican, said a similar resolution would be in- years later. A year later, in 1992, he returned troduced in the Senate next week. astronauts, of heightened warnings of terrorist to the Sheriff’s Department as undersheriff. He Johnson County Commission Chairwoman attacks and of dangerous international dic- was elected to a four-year term as Sheriff in Annabeth Surbaugh issued a statement tators. In all, Americans are finding it a difficult 2000. praising Foster’s encouragement and sup- time to be confronted every day with these port. tragedies, uncertainties and fears. Doctors diagnosed Sheriff Foster’s cancer in ‘‘The county has lost a great man,’’ January. On February 21st, two weeks after Therefore, Mr. Speaker, during times like Surbaugh wrote, ‘‘a man whose strong and these, it is all the more vital to our national they told him he might live from two weeks to steady step never wavered, a man whose a year, John told county officials that his dis- dedication and commitment to this commu- spirit to tell Americans about uplifting and ease was terminal. Undersheriff Frank nity was unshakable, a man whose wisdom comforting stories. We need to remind our- Denning assumed Foster’s duties on an acting and guidance were a source of inspiration selves of our national qualities for which we basis the following week. and comfort to so many.’’ are so unique—patriotism, courage and gen- I got to know John Foster well during my Many law officers visited Foster at home erosity for our fellow man. during his last days to tell him how he had The story I tell you today, you will not have twelve years as Johnson County District Attor- encouraged them in their careers. ney. John was my friend. He had a wonderful read about in your local paper, nor watched Lenexa Police Chief Ellen Hanson, whom on TV, because this is the story of an unsung sense of humor. He always stayed close to Foster hired in 1975, recalled the way he the people he served, and was a profile in hu- helped people succeed. hero, a man who showed unwavering bravery mane, progressive law enforcement at the ‘‘He was a confidence builder, but not during the terrorist attacks in New York on local level. He mentored scores of younger falsely,’’ Hanson said. ‘‘I think he had a September 11, 2001. law enforcement officers during his forty-six great ability to see people’s strengths and I rise today to honor one of my constituents, build on them.’’ James Parese, who is the Captain of the Stat- years of public service and leaves his home Colleagues remembered his love for teach- county, and its residents, a much better place en Island Ferry, ‘‘Samuel I Newhouse’’. On ing, and several said he passed on some piece that terrible morning on September 11, Cap- as a result of the time he spent serving and of wisdom in nearly every conversation. fostering it. ‘‘Every time I spoke to him,’’ Cavanaugh tain Parese was one of the countless private Mr. Speaker, John Foster is survived by his said, ‘‘whether it was something to do with citizens on maritime vessels around Manhat- wife, Karen Foster, five children—Margaret, law enforcement or on a personal level, I al- tan who immediately responded to an emer- Diane, Susie, Jan and Todd—and four grand- ways learned something. It seemed as if he gency message. Cackling across marine ra- daughters. I join with them in mourning this always wanted to teach.’’ dios in New York’s harbor—the Coast Guard Some of it was serious, like the sharp dis- summoned all boats and their crews to aban- profound loss and place into the RECORD an tinction he drew between mistakes of the article from the Kansas City Star that memori- don their usual duties and respond to extraor- head—those that are rectified easily—and dinary needs in the New York waterways. alizes a dedicated and valuable law enforce- mistakes of the heart, which show a trou- ment and public safety official. bling lack of ethics. Captain Parese explains that day himself [From the Kansas City (KS) Star, Mar. 7, Other times he couched a lesson in humor- best when he said, quote, The subways were 2003] ous ‘‘Fosterisms,’’ like the warning he fre- down, and they closed the bridges. We were quently issued on what he called the ‘‘three basically the only way out. Us and the smaller JOHNSON COUNTY SHERIFF DIES OF Bs of booze, broads and bills.’’ PANCREATIC CANCER ferries, the police boats and the tugs. I ‘‘The one thing that can cause you trouble (By Richard Espinoza) couldn’t believe the amount of tugs; there if you don’t handle them correctly is that,’’ were a sea of tugboats coming from Staten Is- Johnson County Sheriff John Foster, who Hanson quoted Foster. ‘‘If you handle those spent almost half a century in law enforce- things with honesty and integrity, you’re land heading for Manhattan. ment, died at home early Thursday of pan- not going to have a problem.’’ Since September 11th, we have heard so creatic cancer. Foster was a life member of the Inter- many human stories of tragedy, heroism, loss Doctors diagnosed Foster, 67, in January. national Association of Chiefs of Police and and miracles. We’ve heard the brave deeds of On Feb. 21, two weeks after doctors told Fos- the Kansas City Metropolitan Chiefs and the New York firefighters and police officers. ter he might live two weeks to a year, he Sheriffs Association. He was a member of the We will forever owe them our deepest grati- told county officials that the disease was Kansas Association of Police Chiefs, the tude. terminal. Undersheriff Frank Denning as- Johnson County Chiefs and Sheriffs Associa- And today we honor one of America’s mari- sumed Foster’s duties the following week. tion and the Kansas Sheriffs Association. Voters elected Foster, a Republican, to a Foster taught as an adjunct instructor at time heroes—one of hundreds of private men four-year term in 2000. Now Johnson County Johnson County Community College, and he and women who selflessly and quietly an- Republicans must nominate a successor and was a graduate of the FBI National Acad- swered the call from the Coast Guard for ‘‘all send the person’s name to Gov. Kathleen emy. available boats’’. The miraculous rescue and Sebelius, a Democrat. He lived in Johnson County all his life. He response effort by water has also permanently He began his career at the Sheriff’s Depart- attended Hickory Grove Grade School in altered our nation’s official approach to de- ment in 1956, then took the post of assistant Shawnee and Shawnee Mission Rural High fending our homeland security along our police chief in Fairway four years later. He School, now Shawnee Mission North. He coastline. became chief in Lenexa in 1971 and briefly re- earned a bachelor’s degree in criminal jus- tired in 1991. The following year, he returned tice and a master’s in administration of jus- The South Street Seaport Museum in New to the Sheriff’s Department as undersheriff. tice, both from Wichita State University. York City put together an exhibit to bring to Colleagues said Foster’s main goal was He was a member and past president of the light the historic maritime evacuation of Man- keeping fellow law enforcement officers Lenexa Rotary Club. hattan on September 11. I learned of these

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MR8.004 E13PT1 March 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E455 sailors from the book, All Available Boats. The In one account after another of these sto- that we cannot continue to rely on imported oil book was put together and edited by Dr. Mike ries, the captains and their shipmates worked from that region. When my father, Stewart Magee, a doctor who happened to see the without break, without fear and without instruc- Udall, was Secretary of the Interior, the U.S. museum exhibit and felt strongly that these tions. imported 20 percent of its oil. My father ar- heroic stories deserved to be heard by the September 11, 2001 was a day when aver- gued that we shouldn’t import more than 20 American people. age American men and women became he- percent of our oil on national security grounds. Hundreds of non-military ship captains of all roes for their fellow Americans and for our na- Today, we import 53 percent of our oil, 47 per- kinds of vessels—from ferries like Captain tion. Those enemies of freedom around the cent of which comes from OPEC countries; by Parese to tugboats and from private vessels to world have always underestimated the deter- 2020, the United States will import 62 percent even historic ships—answered the Coast mination, bravery, love of country and freedom of its oil unless we act to change the way we Guard’s call and sailed directly into Ground of the American people. produce energy. Zero. Captain Parese and the other brave patriot Even more frightening, world production is In the end, they evacuated over 300,000 sailors that day are the finest example that the expected to peak some time in the next few people from Manhattan. It was the largest evil enemies of freedom can tear down our decades; some even say as early as 2007. maritime evacuation since the battle of Dun- walls and tragically kill our citizens, but they That means that as energy demand increases kirk in 1940. Remarkable. will never quench the American spirit. more and more rapidly, the world’s oil supply After hearing the radio call on September I admire the bravery of my constituent, will be proportionally diminished. 11, Captain Parese unloaded his ferry’s pas- James Parese, as much as I admire his humil- While energy production has brought tre- sengers back onto Staten Island, turned ity. He takes no special credit for his brave mendous prosperity and allowed us to grow around and steered his ferry directly into the and tireless actions that day. He very simply our economy at unprecedented rates, non- Staten Island Ferry Loading Dock on Manhat- says that—quote ‘‘everyone pretty much did renewable forms of energy are responsible for tan. There, thousands of people were pouring what they had to do’’. many of the greatest environmental threats to onto his boat to find a way to escape the ter- James Parese, thank you from all of us in America’s well-being. rorism on the island. People were literally the United States House of Representatives Consider this, less than 2 percent of this na- jumping off the docks to try to hit the ferry’s for your brave and heroic acts that will never tion’s electricity is generated by non-traditional decks. One man said he was, quote, jumping be forgotten by the thousands of people you sources of power such as wind, solar, and for my life. brought to safety on September 11. And thank geothermal energy. During the period from Captain Parese’s ferry, already covered in you for continuing to go out every day to ferry 1973–1991, smart investments were made to ash, began to fill with smoke. Despite his eyes the Staten Island citizens to Manhattan for develop new technologies that made our en- and lungs burning from the smoke, Parese work. ergy use more efficient without affecting eco- stayed and loaded over 6,000 scared and des- Finally, we recognize and applaud all the nomic output. These investments curbed the perate passengers onto his ferry. Because of hundreds of patriot sailors that tragic day who projected growth rates of energy use in the the thick smoke, he was forced to use radar fearlessly answered our Coast Guard’s call for United States by 18 percent from what they to steer the boat southbound. On reaching ‘‘all available boats’’. Their actions make all of would have been without the investments. Staten Island, Parese unloaded his pas- us proud to be Americans and we salute their Unfortunately, the U.S. spends only one half sengers. He immediately then turned his courage. of 1 percent of its energy bill on research and empty ferry around and headed straight back God bless these unsung heroes and God al- development. 60 percent of that money is to Manhattan. ways bless this great freedom-loving nation of wasted on the country’s failed experiment in Parese then rejoined the other ships’ cap- the United States of America. nuclear energy. Less than 1⁄3 of the nation’s tains in their massive evacuation of Manhat- f tiny research and development budget is tan. Yet, during one of the most frightening spent on renewable energy and energy effi- days in our nation’s history, we now have ESTABLISH FEDERAL RENEWABLE ciency technologies. learned that our fellow citizens were not just ENERGY PORTFOLIO STANDARDS Mr. Speaker, I am particularly interested in rescued by these boats, they were shown FOR CERTAIN RETAIL ELECTRIC Renewable Portfolio Standards, RPS, which I kindness and comfort by these captains and UTILITIES believe paves the road for the development their crewmates. and investment in clean energy technologies Every man, woman and child who Captain HON. TOM UDALL and local economic development. RPS, in my Parese rescued from Manhattan is grateful to OF NEW MEXICO mind, clearly serves as model for tomorrow’s him for giving them an escape route, for his IN THE HOUSE OF REPRESENTATIVES small and medium businesses to draw a profit kind spirit and for his dedication to duty. from their own environmental responsibility. Thursday, March 13, 2003 On a different Staten Island Ferry than During the 107th Congress, in the Senate Parese’s that day—was a boy, Tim Steto, a Mr. UDALL of New Mexico. Mr. Speaker, version of H.R. 4, there was a provision, which student at the Leadership High School in Man- along with my cousin and colleague, Rep- proposed that retail electricity suppliers—ex- hattan. Tim and some other students caught resentative MARK UDALL of Colorado, I am cept for municipal and cooperative utilities—be the very last ferry from Battery City Park be- today introducing legislation that amends title required to obtain a minimum percentage of fore it closed. VI of the Public Utility Regulatory Policies Act their power production from a portfolio of new After stumbling through the streets around of 1978 to establish Federal renewable energy renewable energy resources. The minimum Ground Zero in terror and confusion, Tim said portfolio standard, RPS, for certain retail elec- energy target or ‘‘standard’’ would start at 1 that once the ferry took off from Manhattan— tric utilities. percent in 2005, rise at a rate of about 1.2 quote—there was a visible difference in the air I would like to thank Representatives BER- percent every two years, and peak at 10 per- quality. We looked back at this horrible scene MAN, CARDIN, HINCHEY, LEACH, GEORGE MIL- cent in 2019. then looked forward to see this clear, beautiful LER, OWENS, PALLONE, TIERNEY, and especially I applaud the Senate for including an RPS view of Staten Island. No clouds or smoke. Representative HENRY WAXMAN who share the provision in the Energy bill, which the House And this young high school student said that— vision that we in Congress can develop a na- failed to include in our energy package. How- quote—the thought of being taken to safety tional energy policy that is founded on two key ever, I believe that we are capable of going kept me calm. principles: renewable energy and energy effi- further than the 10 percent peak in 2020 and After evacuating those three hundred thou- ciency. I am especially proud that this is a bi- believe we should set the standard higher to sand people from the Manhattan island, partisan effort. around 20 percent. As I mentioned earlier, Parese and the other captains returned again Mr. Speaker there are some who say that a less than 2 percent of this nation’s electricity to Ground Zero to volunteer to help with other long-term sustainable energy plan is impos- is generated by non-traditional sources of vital tasks. They pumped water from the har- sible. Or that renewable energy and energy ef- power such as wind, solar, geothermal, etc. bor to feed the fire hoses and brought in ficiency are pipe dreams, and that the U.S. will Why is this legislation so important now Mr. needed supplies. never be able to break its reliance on tradi- Speaker? It’s important because the Depart- Also, with the bridges and tunnels closed, tional energy sources like oil and coal. I dis- ment of Energy’s total energy efficiency and these boats became the necessary transpor- agree. renewable energy budget would remain es- tation for bringing firefighters, police and other Now, in the post-September 11th world, and sentially unchanged at $1.3 billion for fiscal emergency workers to Ground Zero from New as we are on the brink of war with Iraq, the 2004. For example, Biomass and biorefinery Jersey and beyond. renewed conflict in the Middle East shows us systems would see the biggest cut, down 19

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MR8.007 E13PT1 E456 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2003 percent, to $70 million. Solar is flat at $79.6 tion fields in my congressional district near A TRIBUTE TO ANNA GUTIERREZ, million; wind is down 6 percent, to $41.6 mil- Fort Sumner in eastern New Mexico. Har- 29TH CONGRESSIONAL DISTRICT lion; hydropower is unchanged at $7.4 million; nessed by 136 twirling turbines, wind will be WOMAN OF THE YEAR—2003 and geothermal is down 4 percent, to $25.5 used to create electricity in the first large-scale million. renewable energy operation in the state. It’s important because yesterday Secretary Wind will make up less than 4 percent of HON. ADAM B. SCHIFF Gale Norton came before the House Re- the power generated by PNM, and this project OF CALIFORNIA sources Committee, of which I am a member, has the hope of becoming the first of many to make the case for drilling in the Arctic Na- wind farms in the state and an example of IN THE HOUSE OF REPRESENTATIVES tional Wildlife Refuge. It’s important because using and developing new technologies for re- the House will pass an energy bill, thanks to newable energy use. Thursday, March 13, 2003 the help of the Rules Committee, to open the A strong RPS makes good economic sense 1.5-million-acre ANWR coastal plain to oil de- Mr. SCHIFF. Mr. Speaker, I rise today to to help states diversify their energy market, in- velopment. honor Women’s History Month. Each year, we crease their work force, and help revitalize Mr. Speaker, we are a nation of pay special tribute to the accomplishments communities who have little to no economic ‘‘petroholics.’’ Instead of pushing for the explo- made by our nation’s most distinguished development. ration of oil development and contributing to women during the month of March. It is my this country’s addiction to oil, we should be Even the New Mexico Public Regulation great honor to recognize extraordinary women pushing for the exploration of renewable en- Commission is working on passing a Renew- who are making a difference in my district. ergy development. This is what this legislation able Portfolio Standard for New Mexico that I stand today, to pay special recognition to does, Mr. Speaker. And I have no doubt that would require electric utilities to generate 10 Ms. Anna Gutierrez, an outstanding woman of whatever energy bill the majority brings before percent of their electricity from renewable en- California’s 29th Congressional District. Over the House that it will not contain language to ergy sources by 2007. the years, Ms. Gutierrez has given selflessly promote and expand renewable energy devel- Mr. Speaker, our dependence on coal, oil of her time and energy to many different orga- opment in this county. and other traditional energy sources is nizations in the City of Monterey Park and sur- Our legislation is the first step toward en- unsustainable. To protect our environment and rounding areas. couraging greater use of our country’s clean our economy, we must turn off the dead end and domestic renewable energy resources. street that our energy non-policy has been A forty-three year resident of Monterey Our legislation would: leading us down, and start down a path of en- Park, California, Anna was a payroll super- Encourage the use of renewable energy by ergy productivity and sustainable, environ- visor for Blue Chip Stamps for twenty-five establishing a nationwide, market-based pro- mentally sound production. years, and a payroll supervisor for Figgie International for nine years. Despite working gram that would set fair, achievable and af- I encourage my colleagues in the House to full-time, she found time to volunteer at all of fordable clean energy goals for each state; support this legislation and support building her children’s schools: Sacred Heart of Mary Give states flexibility to achieve renewable solid renewable energy provisions within what- School, Cantwell High School and Marian energy goals; ever energy bill comes before the House. Benefit farmers and save consumers School. Besides her children, Dennis, Carolina and Jeffrey, she has four grandchildren and money; and f Reduce air pollution and the threat of global four great-grandchildren. warming. HONORING THE ACHIEVEMENT OF After her retirement in 1994, Anna volun- Our legislation would require that retail elec- WOMEN IN COMMUNITY DEVEL- teered to serve senior lunches at First Meth- tricity suppliers—except for municipal and co- OPMENT odist Church and participated in two senior cit- operative utilities—be required to obtain 15 izen clubs, the Friendship Club and the Senior percent of their power production from a port- Affairs Club, both in Montebello, California. folio of new renewable energy resources by HON. MARCY KAPTUR Currently she is a member of the Montebello 2020 and within 5 years add an additional 5 OF OHIO Breakfast Club and treasurer for the Los An- percent, so by 2025, 20 percent of retail elec- IN THE HOUSE OF REPRESENTATIVES geles Monterey Park (LAMP) Optimist Club. tricity suppliers’ power production would be derived from a portfolio of new renewable en- Thursday, March 13, 2003 For many years, Anna has been a docent of ergy resources. the Monterey Park Historical Society Museum Ms. KAPTUR. Mr. Speaker, I rise today to Mr. Speaker consider the following: and is in charge of the school children tour recognize the achievements of women in com- Wind farms in the Pacific Northwest are pro- program. She volunteers for the City of Mon- munity development. Women are key leaders ducing energy at a price of 3 cents per kilo- terey Park as a Commissioner on the Histor- in building quality, affordable housing and they watt-hour. This is less than the current price of ical Commission and is a Precinct Poll Inspec- are revitalizing their communities in the United power from natural gas. With a little encour- tor for citywide elections. In addition, she as- States as well as internationally. The central agement, wind energy could become economi- sists the Monterey Park Police Department by role of women in any effective community de- cally viable around the country, and this participating with the Monterey Park Senior velopment strategy, whether the goal is eco- means a tremendous level of energy self-suffi- Citizen Patrol. nomic development, housing, education or ciency for the U.S. Using wind as an energy health, has been well documented. Of all her activities, the organization that is source, twelve Midwest states alone could nearest to her heart is the Maryvale Orphan- generate three times the total U.S. electricity The National Network of Women in Commu- age in Rosemead, California. An active partici- consumption. nity Development, in partnership with women pant for over eight years, she volunteers in Solar power, one of the most well known community development leaders from across many ways, including fundraising, assisting in forms of renewable energy, also has potential the country are working to bring a collective rummage sales, and packaging Christmas for the future. The cost of solar energy has voice to foster new policies and improve exist- gifts for the economically disadvantaged. dropped by 90 percent since the early 1970s, ing ones, which are more responsive to the and scientists and industry groups predict the housing and community development needs of Ms. Gutierrez’s breadth of volunteer work is price will drop another 66 percent by 2020. women and children. remarkable and all who have the opportunity Solar energy, if properly developed, could go On the occasion of the 20th Anniversary of to work with her are better off for the experi- a long way towards freeing the U.S. from its the McAuley Institute, the only national non- ence. dependence on coal. Just 10,000 square miles profit community development intermediary I ask all Members of Congress to join me of solar panels would supply all of the nation’s that focuses its resources on the housing and today in honoring a remarkable woman of electricity needs. related needs of women and their families, I California’s 29th Congressional District, Anna And several months ago, the Public Service would like to recognize the vital role that Gutierrez. The entire community joins me in Company of New Mexico and FPL Energy women-led development organizations have thanking Ms. Gutierrez for her continued ef- LLC, based in Florida, signed an agreement to played in creating housing across the country forts to make the 29th Congressional District build one of the nation’s largest wind genera- and in the restoration of communities. an enhanced place in which to live.

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MR8.011 E13PT1 March 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E457 IN RECOGNITION OF COVER THE sprawl. My goal was to point to a way to uti- The Remote Sensing Applications Act can UNINSURED WEEK lize the resources of the federal government to help begin to bridge the gap between estab- help foster wise community planning and man- lished and emerging technology solutions and HON. DENNIS MOORE agement at the local level. As a member of the problems and challenges that state and the House Science Committee and the Space local communities face regarding growth man- OF KANSAS and Aeronautics Subcommittee, it made sense agement, homeland security, forest fire man- IN THE HOUSE OF REPRESENTATIVES to me to look for ways to help communities agement, and other issues. Thursday, March 13, 2003 grow in a smarter way through the use of Mr. Speaker, this bill will be welcomed by Mr. MOORE of Kansas. Mr. Speaker, I rise technology. states and localities nationwide. I look forward today to recognize a very important initiative I have reintroduced the bill in this Congress to working with Representative PICKERING and that will bring national attention to a severe because I still believe we need to do more to other Members of the House, including my and growing problem—the uninsured in Amer- promote geospatial technology. Geospatial colleagues on the Science Committee, to ica. data from satellites can produce very accurate move forward with this important initiative. maps that show information about vegetation, The sheer number and variety of organiza- f wildlife habitat, flood plains, transportation cor- tions involved in Cover the Uninsured Week ridors, soil types, and many other things. show that the consequences of this problem HONORING DOMESTIC VIOLENCE By giving state and local governments and touch our entire society. Every community, SHELTERS IN THE 9TH DISTRICT communities greater access to geospatial data every hospital, every caregiver, every tax- OF OHIO from commercial sources and federal agencies payer, and every individual in our country has such as NASA, I believe that the federal gov- a stake in addressing this issue. ernment can help bring valuable—and power- HON. MARCY KAPTUR New reports that suggest that 75 million ful—informational planning resources to the OF OHIO Americans lacked insurance for all or part of table. IN THE HOUSE OF REPRESENTATIVES 2001 and 2002 only give this issue increased My bill would facilitate this transfer of infor- urgency. It is easier from a public policy per- Thursday, March 13, 2003 mation. The bill would establish in NASA a spective to look at one piece of the puzzle— program of grants for competitively awarded Ms. KAPTUR. Mr. Speaker, Women’s His- for example, how urban hospitals struggle to pilot projects. The purpose would be to ex- tory Month is celebrated during the month of provide uncompensated care, how families plore the integrated use of sources of remote March in the United States and around the struggle when they have a disabled child or sensing and other geospatial information to world. Last week Members of Congress par- how small business struggle to offer health in- address state, local, regional, and tribal agen- ticipated in Domestic Violence Awareness surance to their employees. But the problem is cy needs. Week on Capitol Hill in partnership with Life- broader, and it is clearer than ever that allow- State and local governments and commu- time Television to raise awareness of the ing Americans to remain uninsured negatively nities can use geospatial information in a vari- issues surrounding domestic violence, and ad- affects our nation’s health status, access to ety of applications—in such areas as urban dress possible solutions. care and even our financial security. land-use planning, coastal zone management Domestic Violence is one of the most critical Since coming to Congress, I have made ad- and erosion control, transportation corridors, public health issues facing women and chil- dressing this issue one of my primary goals. I environmental planning, and agricultural and dren today, and its impact is felt by every am working in particular with my colleagues in forest management. member of our society. Domestic Violence is the Blue Dog Caucus to address the group But another potential application that has not just a women’s issue. Domestic Violence with the highest uninsured population—em- garnered much recent attention is the use of touches the lives of men, women and chil- ployees of small businesses. I am working on geospatial technology to bolster our homeland dren—affecting the entire family structure in legislation to provide tax credits for small em- security. our country. ployers who offer health insurance. I know this Emergency management has always been I would like to take the time this month to is just one piece of the puzzle of the unin- an important responsibility of state and local honor the domestic violence shelters in my sured, but I think that if we can sustain the governments. But in the aftermath of the Sep- district—the 9th District of Ohio for the serv- momentum created by Cover the Uninsured tember 11 terrorist attacks, the scope of this ices they provide daily to individuals coping Week and utilize the expertise of the broad responsibility has broadened. Geospatial tech- with domestic violence. The YWCA Battered array of organizations that have come together nology can help states and localities identify Women’s Shelter in Toledo, OH, the Family to bring this issue to the forefront, we can put the location, nature, and scope of potential House in Toledo, OH, the Safe Harbour Do- the pieces together and make a difference for vulnerabilities and the impact of potential haz- mestic Violence Shelter in Sandusky, OH, and all uninsured Americans. ards, as well as how to respond to events and Ottawa County Transitional Housing in Port f recover from them. Clinton, OH. All four of the mentioned organi- Certainly it is important that we continue to zations serve women and children on the front REMOTE SENSING APPLICATIONS lines. The staff members of the shelters are ACT OF 2003 add to our database of available geospatial in- formation—more information is always better the individuals that hear the stories, and pro- than less. But we also need to get maximum vide services to people in need. The statistics HON. MARK UDALL use of information we already have at hand. are real, and the issue of domestic violence OF COLORADO That is the need this bill would address. must be kept at the forefront of domestic pol- IN THE HOUSE OF REPRESENTATIVES State and local officials are becoming more icy debates locally and nationally. familiar with the uses of geospatial technology The YWCA Battered Women’s Shelter in Thursday, March 13, 2003 for various planning purposes. However, there Toledo serves the area of Lucas County and Mr. UDALL of Colorado. Mr. Speaker, today is a need for federal agencies such as NASA, offers emergency short-term housing and I am introducing the Remote Sensing Applica- which has been pioneering the uses of sat- counseling for battered women and their chil- tions Act of 2003. I am very pleased that my ellite remote sensing technologies, to work dren. The Family House in Toledo serves colleague Representative CHIP PICKERING of with state and local organizations to dem- Lucas County and is a short-term emergency Mississippi is joining me as an original co- onstrate how remote sensing and other shelter for homeless families, offering sup- sponsor of this bill. geospatial data can offer a cost effective plan- portive services through a family case man- I introduced this bill as H.R. 2426 in the ning and assessment tool. ager. Ottawa County Transitional Housing in 107th Congress, and the House—though not I’m pleased there was broad bipartisan co- Port Clinton is a long term homeless shelter the Senate—passed it last year. I’m eager to sponsorship of the bill in the last Congress for women and children. The shelter serves work with my colleagues on both sides of the and that it earned the endorsement of a num- people in Erie and Ottawa counties offering aisle in this Congress to see my legislation ber of important national organizations. These supportive services to families. through to passage in both chambers. supporters of my bill understand the impor- I sincerely thank all of the individuals that I introduced this bill in the 107th Congress tance of targeting geospatial information at the work for these important organizations, serving mainly to address a real problem we have in places where it will have the greatest impact— our community, and the people of the 9th Dis- Colorado, the problem of excess growth and the local and regional levels. trict of Ohio daily. Onward.

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MR8.016 E13PT1 E458 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2003 HONORING THE LIFE OF ERNIE about. When asked about running for office, COMMEMORATING 60TH ANNIVER- MILLS Ernie was fond of saying, ‘‘I’d like to run for of- SARY OF HISTORIC RESCUE OF fice, but I wouldn’t want to serve.’’ It was 50,000 BULGARIAN JEWS FROM HON. TOM UDALL Ernie’s way of saying how much he loved THE HOLOCAUST OF NEW MEXICO being close to the people. SPEECH OF IN THE HOUSE OF REPRESENTATIVES A memorial service for Ernie will be held on Thursday, March 13, 2003 HON. CHRISTOPHER H. SMITH St. Patrick’s Day in the State Capitol. He OF NEW JERSEY Mr. UDALL of New Mexico. Mr. Speaker, would have loved this. He was proud of his IN THE HOUSE OF REPRESENTATIVES New Mexico lost a legend recently. Ernie Mills, Irish heritage and it is fitting that he be re- Tuesday, March 11, 2003 the dean of New Mexico’s political reporters, membered in the center of New Mexico’s polit- died from pneumonia on Wednesday, Feb- ical world in Santa Fe. Mr. SMITH of New Jersey. Madam Speaker, ruary 26 in Santa Fe. Ernie’s career and New during the Holocaust, the Jews of Europe Mr. Speaker, no one can ever replace Ernie Mexico politics were synonymous. There was were subjected to persecution and, ultimately, probably no one else in Santa Fe who knew Mills. His brand of journalism was unique and targeted for total genocide—not only by for- more about how New Mexico politics worked. exclusively his own. More importantly, Ernie eign occupiers, but also at the hands of erst- Governors, senators, and representatives and took people under his wing, to love, guide and while friends and even their own governments. a host of elected officials from across the state protect. His heart was bigger than all New In the face of this atrocity, Bulgaria stands out knew that Ernie and his ‘‘little birdies’’ had the Mexico. On behalf of all who knew him, I can for protecting its indigenous Jewish population scoop on what was really happening in the confidently say that we will sincerely miss him. from the evil machinery of the Holocaust. De- spite official allied status with Nazi Germany, state’s political arena. I feel as though I have lost a real friend, and Bulgarian leaders, religious figures, intellec- Ernie first came to New Mexico in 1957 I extend my deepest sympathies to his wife when he became editor of the Gallup Inde- tuals and average citizens resisted pressure Lorene and his children, Joy, Ken, Eddie, and from the Nazis to deport Bulgarian Jews to pendent. He had started his journalism career Margaret. in New York where he worked for New York certain death in the concentration camps of Herald Tribune. In 1958, he became the Cap- Eastern Europe. Thanks to the compassion f itol Bureau Chief for the Albuquerque Journal. and courage of broad sectors of Bulgarian so- ciety, approximately 50,000 Jews survived the He later opened his own public relations con- BEECH GROVE GIRLS Holocaust. sulting firm in Santa Fe and Albuquerque, and CHAMPIONSHIP Once an ally of Nazi Germany in March was president of the New Mexico Chapter of 1941, the Bulgarian Government and Par- the Public Relations Society of America. liament came under pressure from the Nazi In 1968–69, Ernie covered the activities of HON. JULIA CARSON regime and enacted legislation severely cur- New Mexico servicemen in Vietnam during OF INDIANA tailing the rights of the Jewish population. In two tours of duty. During his tours of Vietnam, February 1943, a secret meeting between, Hit- he also handed television coverage of the IN THE HOUSE OF REPRESENTATIVES ler’s envoy to Bulgaria, and Bulgaria’s fighting there, first for KOB–TV and later for Commissar on Jewish Affairs, established a Thursday, March 13, 2003 KOAT–TV. timetable for exporting to Germany the Jews Ernie was probably best known for his par- Ms. CARSON of Indiana. Mr. Speaker, I rise in Aegean Thrace and Macedonia, territories ticipation in one of New Mexico’s largest news then under Bulgarian administration, and de- stories: the 1980 prison riot in Santa Fe. Riot- to congratulate Beech Grove High School, lo- cated in the seventh Congressional District, on portation of Jews from Bulgarian cities. The ing inmates requested that Ernie—and no one deportations were to begin on March 9, 1943. else—be allowed into the prison to negotiate a winning the Indiana State Girls Basketball Trains and boats to be used in the deporta- settlement with them. Fifteen hostages were Final. The Beech Grove Hornets beat St. Jo- tions were in place, and assembly points in released after his participation, all unharmed. seph’s from South Bend, IN, 63–45. Poland had already been selected when word Thirty-three inmates died in the bloody con- Congratulations to Coach Dawn McNew of the plans was leaked. Almost immediately, frontation. who led the Beech Grove Hornets to a 27–1 43 members of the Bulgarian Parliament led Ernie’s career was devoted to his syn- by Deputy Speaker Dimiter Peshev signed a dicated newspaper columns and radio and tel- record. I also want to congratulate her players whose teamwork implemented her system so petition to condemn this action. This, coupled evision shows. He produced a daily radio with widespread public outcry from active citi- well: Katie Gearlds, Emily Ringham, Joy commentary Dateline New Mexico that was zens, political and professional organizations, Cromley, Stephanie Durbin, Clara Harris, Katie carried by more than 20 radio stations state- intellectuals, and prominent leaders of the Bul- wide. He also had a weekly television show Ringham, Mandy Seward, Nicole Helfrich, garian Orthodox Church, led the Minster of the entitled Report from Santa Fe that had been Patty Collins, Maria Combs, Katie Lamping, Interior to stay the deportation orders. Later produced by KENW–TV in Portales, and that and Jenni Moore. that month, Peshev again took a bold step in had aired for more than 27 years. The Hornets’ stellar performance is an ex- drafting a letter, signed by members of the rul- He received numerous awards during his ample of the benefits of superb teamwork and ing coalition, which condemned the possible career, including Broadcaster of the Year in sportsmanship. deportation of Jews, calling this an 1995 from the New Mexico Broadcasters As- ‘‘inadmissable act’’ with ‘‘grave moral con- sociation. The same organization also honored Beech Grove defeated North Harrison, sequences.’’ him for Special Reporting, Best News Cov- Ramsey, IN, to advance to the Girls State In May 1943, the plan for deportation of the erage, Best Editorial Writing and Radio News- Finals. The State Finals were played at Bulgarian Jews was finally aborted. King Boris man of the Year. Conseco Fieldhouse on Saturday, March 8th. III resisted Nazi pressure to advance the plan, Ernie Mills is gone, but his impact on New Beech Grove won its first state title, led by arguing that the Jews were an essential com- Mexico will be with us forever. He will be re- Hornets player Katie Gearlds, who scored a ponent of the workforce. While some 20,000 membered for his sense of fair play, his bal- Jews from Sofia were then sent to work 3A title-record of 33 points. Katie, who has a anced reporting, his unwillingness to report in camps in the countryside for the remainder of scholarship to Purdue University, finished the something without first making sure of his the war and subjected to squalid conditions, facts, even if it meant that he was not the first season with 2,521 points, placing her fourth in they nevertheless survived. to break the news. He always said it right. state career scoring in Indiana. Tragically, there was no such reversal of Yes, he will be remembered for his ‘‘little This exceptional win by the Hornets is a fate for the estimated 11,000 Jews from Ae- birdies,’’ his ‘‘gatos flacos,’’ his ‘‘wall-leaners,’’ perfect example why Title IX should remain as gean Thrace and Macedonia, who did not and his interviews that kept his guests strug- it is. Title IX has allowed the number of fe- have the protection afforded by Bulgarian citi- gling to keep up with him. And we won’t forget males participating in interscholastic sports to zenship. Already driven from their homes in the ‘‘train wrecks,’’ even if we don’t remember March 1943, these individuals were trans- increase from 300,000 in 1971 to approxi- what they were about. We will remember the ported through Bulgarian territory to the Nazi mately 2.4 million in present day. man who gave his heart to all New Mexico. death camps. Madam Speaker, this month There was never a time that Ernie did not put Congratulations to the Beech Grove Hor- marks the 60th anniversary of Bulgarian resist- people first. It was their hearts that he was nets! You have made us proud! ance to the Holocaust. The people of Bulgaria

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MR8.020 E13PT1 March 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E459 deserve our commendation for their selfless I am pleased that this Congress is able to rec- sure our nation’s family farms and ranches efforts to preserve such a threatened religious ognize that heritage and historical fact. continue to produce the agricultural products community, and in fact, the number of Jews f that have made us the breadbasket for the living in Bulgaria actually increased during the world. Holocaust. A TRIBUTE TO MARY BOGER, 29TH Small family farms and ranches helped build Bulgaria’s record of tolerance was distorted CONGRESSIONAL DISTRICT the foundation of America. Thomas Jefferson by 40 years of communist misrule which cul- WOMAN OF THE YEAR—2003 once wrote in a letter to George Washington, minated in the 1984–89 forcible assimilation ‘‘Agriculture is our wisest pursuit, because it campaign against its largest minority, the HON. ADAM B. SCHIFF will in the end contribute most to real wealth, Turks. One of the first initiatives of the govern- OF CALIFORNIA good morals, and happiness.’’ Today many ment following the fall of communism in No- IN THE HOUSE OF REPRESENTATIVES small farms and ranches have disappeared. vember 1989 was the reversal of this brutal Thursday, March 13, 2003 This is in part because the smaller farms and campaign. A return to the wholesale suppres- Mr. SCHIFF. Mr. Speaker, I rise today to ranches have not been able to change to sion of minority groups as exemplified by the honor Women’s History Month. Each year, we more profitable means of production. To con- forcible assimilation campaign is inconceivable pay special tribute to the accomplishments tinue as a viable business in agriculture farm- today, and Bulgaria is a democracy that pro- made by our nation’s most distinguished ers and ranchers need to be able to use mod- motes respect for fundamental rights. women during the month of March. It is my ern techniques that increase profitability, and Last year, Bulgaria’s Ambassador to the great honor to recognize extraordinary women do it in a manner that is environmentally United States, Elena Poptodorova, testified who are making a difference in my district. sound. before the Helsinki Commission regarding the I stand today, to recognize an outstanding The Family Farm and Ranch Innovation Act ongoing efforts of her government to promote woman of California’s 29th Congressional Dis- (FFRJA) would provide necessary tools for tolerance, consistent with Bulgaria’s historical trict, Ms. Mary W. Boger. Ms. Boger’s passion small agriculture businesses to modernize and traditions. I have been particularly encouraged for community volunteerism, especially on be- become more competitive in today’s market, by Bulgaria’s initiatives, in cooperation with half of children and education, has made the access to credit and a plan to turn the credit leading non-governmental organizations, to City of Glendale and surrounding areas a bet- into increased revenue. promote the integration of Roma and non- ter place in which to live. The U.S. Department of Agriculture’s Na- Roma in schools. This work deserves the full A product of the Glendale Unified School tional Commission on Small Farms report ti- support of the Bulgarian Government. District, she attended Pasadena City College, tled A Time to Act found, ‘‘The underlying I am disappointed, however, that the Bul- then had a successful career in the business trend toward small farm decline reflects funda- garian Government has not yet adopted and world. Mary and her husband, Dr. Donald mental technological and market changes. implemented comprehensive anti-discrimina- Boger have raised eight children in total: Simply put, conventional agriculture adds less tion legislation, even though it pledged to do JoAnn, Terry, Debbie, Scott, Elizabeth, and less value to food and fiber on the farm so in early 1999 in a platform of action on Melanie, David, Charles, nine grandchildren and more and more in the input and post-har- Roma issues, and committed to do so in the and five great-grandchildren. vest sectors. We spend more on capital and 1999 OSCE Istanbul Summit document. Four A strong advocate of education, Ms. Boger inputs to enable fewer people to produce the years have come and gone since Bulgaria has served on numerous school committees Nation’s food and look primarily to off farm made those pledges, and it is past time for and task forces, including Citizens for Glen- processing to produce higher value products. those pledges to be honored. dale Community College, and the School Fa- Sustainable agriculture strives to change this I am hopeful the Bulgarian Government will cilities Bond Committee. In addition, she has trend by developing knowledge and strategies do more to combat violence motivated by ra- volunteered with the Glendale Parent Teacher by which farmers can capture a large share of cial or religious intolerance. Two cases of Association, Glendale Healthy Kids, Verdugo the agricultural dollar by using management such violence, against Romani Pentecostals in Hills Visiting Nurse Association, Safe Places skills to cut input costs—so a large share of Pazardjik, appear to have received only super- and Glendale Youth Coalition. She is currently the prices they receive for their products re- ficial attention from the authorities. a member of the Glendale Unified School Dis- main in their own pockets—and by producing Madam Speaker, I also was disappointed to trict Board of Education, serves on the Glen- products of higher value right from the farm.’’ learn of the recent passage of a new religion dale YWCA Board of Directors, and is Presi- (In context of the report farms include law in Bulgaria. Several drafts of a religion law dent of Las Candelas. ranches.) had laid relatively dormant until the last Mary has received many awards, including The innovation plans in FFRIA, to be devel- months of 2002, when the process was expe- the Glendale News Press Woman of Achieve- oped with the USDA’s Natural Resources dited. As a result, it is my understanding that ment Award in 1998, the California Legisla- Conservation Service, would provide the blue- minority faith communities were excluded from ture’s 43rd Assembly District Woman of the prints to increase the value of farm and ranch the drafting process and assurances to have Year in 2000, and the Glendale Community outputs. the Council of Europe review the text again College Alumni Association’s Award of Merit The report also found, ‘‘Agricultural oper- were ignored. The law is prejudiced against for Career Achievement and Community Serv- ations require high levels of committed capital certain religious groups and falls well short of ice. to achieve success. The capital-intensive na- Bulgaria’s OSCE commitments. The law also The time, energy and love she gives to our ture of agricultural production makes access to jeopardizes the legal status of the Orthodox community is extraordinary, and the residents financial capital, usually, in the form of credit, synod not favored by the Government and its of my district have benefited greatly from her a critical requirement. Small farms are no dif- property holdings, as well as threatens fines dedicated service. ferent from larger farms in this regard, but tes- for using the name of an existing religious or- I ask all Members of Congress to join me timony and USDA reports received by this ganization without permission. New religious today in honoring a remarkable woman of Commission indicate a general under-capital- communities seeking to gain legal personality California’s 29th Congressional District, Mary ization of small farms, and increased difficulty are now required to go through intrusive doc- W. Boger. The entire community joins me in in accessing sources of credit.’’ If small farms trinal reviews and cumbersome registration thanking Mary Boger for her continued efforts and ranches are going to use improved tech- procedures, and co-religionists from abroad to make the 29th Congressional District a nologies laid out in innovation plans they will have been denied visas based on poorly writ- healthier and safer environment, especially for need capital. The Small Business Administra- ten provisions. children, in which to live. tion’s 7(a) loan program has a long history of Bulgaria’s leadership on these various f helping small businesses and would be a issues would be welcomed, especially in light FAMILY FARM AND RANCH great tool for small farmers and ranchers to of their plans to serve as Chair-in-Office of the INNOVATION ACT implement their plans. OSCE in 2004. The United States is particu- America’s small farms and ranches need a larly appreciative of Bulgaria’s firm stand hand up to remain viable in our rapidly chang- against terrorism at this time, and we look for- HON. MARK UDALL ing marketplace. Often today’s small agri- OF COLORADO ward to continued strong relations between culture businesses are family owned and have IN THE HOUSE OF REPRESENTATIVES our countries. The proud heritage stemming only a very small profit margin. The combina- from the days of the Holocaust serves as a Thursday, March 13, 2003 tion of low market prices for raw agricultural good reminder of the importance of taking Mr. UDALL of Colorado. Mr. Speaker, today, commodities and the rising cost of land means stands which are right and true. Mr. Speaker, I am again introducing legislation to help en- that many of these businesses cannot afford

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MR8.024 E13PT1 E460 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2003 to carry on. And that causes more urbaniza- Our friends and allies in Europe regard fish along the entire coast. I believe that this tion of valuable farm and ranch land. peace and stability in the Taiwan Strait as crit- is the only way we can truly ensure the future This legislation recognizing the importance ical to everyone’s interests in Asia. On Sep- of this important species. of our small farming and ranching businesses. tember 5, 2002, the European Parliament Mr. Speaker, I urge my colleagues to sup- They provide diversity in the market place, passed a resolution calling on China to re- port this legislation to protect the Atlantic local production of food, less pollution, and move its missiles along Taiwan’s coast. Last striped bass, a species that maintains an im- jobs, all of which strengthen our economy. October, the Czech Parliament also passed a mensely popular recreational fishery. I appre- And, farms and ranches that are part of our similar resolution calling on China to remove ciate this opportunity to convey my concerns community remind us that food and other agri- its missiles from the Taiwan Strait. about the management of this prized fishery, cultural products don’t just come from stores, The United States believes that a military and I look forward to continuing my involve- and remind us of our connection to the land. clash in the Taiwan Strait must be avoided. A ment in ensuring sound policy decisions. Mr. Speaker, small farms and ranches have peaceful dialogue between China and Taiwan f provided the livelihood for many families since must resume now. It is my hope that Beijing the beginning of our country. This bill will help will begin dismantling the missiles currently CONGRATULATIONS TO CAMP AL- ensure small farms and ranches do not be- targeting Taiwan and pursue a peaceful reso- VERNIA ON ITS 115TH ANNIVER- come a thing of the past by providing the tech- lution of current tensions with Taiwan. I sup- SARY nical expertise and capital to allow them to port efforts of the U.S. State Department to meet the challenges of the 21st Century. this important end. HON. STEVE ISRAEL FACT SHEET—FAMILY FARM AND RANCH In the meantime, while we advocate the OF NEW YORK INNOVATION ACT peaceful resolution of the Taiwan issue, we IN THE HOUSE OF REPRESENTATIVES Summary: Bill would authorize the USDA must continue to sell arms to Taiwan to help Thursday, March 13, 2003 to assist Small farmers and ranchers who Taiwan protect itself, under the framework of want to improve their operations by devel- the Taiwan Relations Act. Our commitment to Mr. ISRAEL. Mr. Speaker, I rise today to ac- oping Innovation Plans and would authorize defend Taiwan is, and must remain, strong knowledge the 115th anniversary of Camp Al- the Small Business Administration to pro- and unequivocal. vernia, located in Centerport, NY. vide loan guarantees to implement these In its first summer in 1888, Camp Alvernia’s plans. f Franciscan Brothers brought deserving poor LOAN AUTHORITY INTRODUCTION OF A BILL TO PRO- youth from Brooklyn to the country environ- Bill authorizes the Administrator of the HIBIT THE COMMERCIAL HAR- ment during the summer months. Since then, Small Business Administration to guarantee, VESTING OF ATLANTIC STRIPED under section 7(a) of the Small Business Act, the camp has been dedicated to teaching their loans to small businesses engaged in farming BASS campers respect for themselves, each other and ranching, for the purpose of imple- and our environment. menting Agricultural Innovation Plans. HON. FRANK PALLONE, JR. Camp Alvernia also provides scholarships AGRICULTURAL INNOVATION PLANS OF NEW JERSEY for families who find themselves in financial Plans are to be developed on request of a IN THE HOUSE OF REPRESENTATIVES difficulty. They are committed to helping fami- farmer or rancher whose operation has been lies and children from impoverished situations Thursday, March 13, 2003 certified as a small business concern under to develop spiritually, morally and physically the definition of the Small Business Admin- Mr. PALLONE. Mr. Speaker, today I intro- while enjoying Long Island’s beautiful environ- istration. duce legislation to prohibit the commercial har- ment. Plans are designed to increase the on-farm vesting of Atlantic striped bass in the coastal or on-ranch income of small farmers or Campers at Camp Alvernia enjoy sports, ranchers and protect the environmental waters and the exclusive economic zone of arts and crafts, nighttime campfires and many quality of the farm or ranch where the farm- the United States. This legislation would grant more activities. ing and ranching operation is located by protections to this species that would enable I commend Camp Alvernia and their staff for minimizing the production of pollutants and coastal populations to return to historical their dedication to our nation’s children, and conserving the natural resource of the farm abundances. congratulate them on their 115th anniversary. or ranch. The Atlantic striped bass is a valuable re- f The U.S. Department of Agriculture, Nat- source along the Atlantic coast and is one of ural Resources Conservation Service, will de- the most important fisheries for recreational A TRIBUTE TO SALLY KENDALL velop the plans. anglers within the sixth Congressional District BALDWIN, 29TH CONGRESSIONAL f of New Jersey. As ranking member of the DISTRICT WOMAN OF THE A PEACEFUL DIALOGUE BETWEEN Subcommittee on Fisheries Conservation, YEAR—2003 CHINA AND TAIWAN MUST RE- Wildlife, and Oceans, I have a long history of SUME involvement in protecting, preserving, and en- HON. ADAM B. SCHIFF hancing the striped bass fishery. It is in this OF CALIFORNIA HON. W. TODD AKIN spirit that I would like to designate the striped IN THE HOUSE OF REPRESENTATIVES OF MISSOURI bass as a federal game fish. This bill would prohibit the commercial harvesting of striped Thursday, March 13, 2003 IN THE HOUSE OF REPRESENTATIVES bass and reserve this resource for recreational Mr. SCHIFF. Mr. Speaker, I rise today to Thursday, March 13, 2003 catches only, thereby ensuring a healthy and honor Women’s History Month. Each year, we Mr. AKIN. Mr. Speaker, at present there are sustainable recreational fishery. pay special tribute to the accomplishments more than 400 Chinese missiles targeted on The recovery of the striped bass fishery made by our nation’s most distinguished Taiwan. It is estimated that roughly 50 more since the crash of the late 1970’s is an exam- women during the month of March. It is my are being added each year. Moreover, China ple of successful state and federal cooperation great honor to recognize extraordinary women has devised strategies to destroy Taiwan’s po- and angler support over the last two decades. who are making a difference in my district. litical, financial, military, communications and The population rebound is encouraging, but a I stand today, to recognize an outstanding production centers within days. What is even recent Atlantic States Marine Fisheries Com- woman of California’s 29th Congressional Dis- more menacing is that China has reiterated mission decision to both increase the commer- trict, Ms. Sally Kendall Baldwin. Ms. Baldwin’s that it will use force against Taiwan if Taiwan cial quota and open the exclusive economic passion for community service, especially on refuses to accept China’s ‘‘one country, two zone to striped bass fishing could lead to seri- behalf of education and the arts, has made systems’’ unification formula. ous consequences for striped bass. I feel that the City of San Gabriel a better place in which China’s intimidation of Taiwan is unworthy this decision is too much, too soon, and it is to live. of its status as a major world power. China imprudent to subject the fishery to these inten- A native Californian, Ms. Baldwin attended must not ignore Taiwan President Chen Shui- sified demands. I believe we must take pre- UCLA, majoring in Elementary Education. In bians’ repeated pleas for resumption of cross- cautionary measures now to avoid the poten- 1960, she met and married Harry Baldwin, strait dialogue. If war breaks out in the Taiwan tial threat of a collapse in the future. currently a San Gabriel City Councilman, and Strait, China, Taiwan and the rest of the coun- In the interest of responsible conservation they have two children, Kendall and Gregory. tries in the Asian-Pacific will all suffer irrep- and sustainable recreational fisheries, I sup- After college, the Baldwin family moved to San arable economic and political damage. port the goal of making striped bass a game Gabriel, California.

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MR8.028 E13PT1 March 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E461 As a young mother, Sally was involved in rity, and environmental and health benefits. By cle which appeared in the New York Times on the Boy Scouts of America, San Gabriel Na- reducing the cost of new clean technologies, it February 9th that details the legacy of Mr. Ar- tional Little League and the San Gabriel High will also make more choices increasingly avail- thur Ashe. The article entitled, ‘‘A Gentleman, School Quarterback Club. After her children able in the competitive marketplace, and help A Revolutionary’’ was written by Mr. Donald were grown, she became involved in the restrain fossil fuel price increases by creating Dell, former United States Davis Cup team Pasadena Shakespeare League and efforts to more competition for those fuels. The RPS captain, a leader in the sports marketing in- raise funds for the renovation of the San Ga- creates intense competition among renew- dustry and a close personal friend of Mr. briel Mission. ables, with the market picking winners and Ashe. Ms. Baldwin has been instrumental in the losers among renewable technologies, not the The article discusses Arthur Ashe’s lifelong efforts toward unification of the San Gabriel government. commitment to making a difference and his School District, which was accomplished in An RPS will be good for consumers. Ac- selfless work for causes of freedom and jus- 1992 and the school bond issue to renovate cording to the Department of Energy, an RPS tice throughout the world. It is a poignant elementary schools, which passed in 2002. A will save consumers billions of dollars. An piece and one that I believe gives a compel- teacher in the San Gabriel Unified School Dis- RPS will also spur economic development in ling example of what a principled and moral trict for the last twenty-eight years, she will re- the form of billions of dollars in new capital in- individual can accomplish for his community tire in June 2003. She began the Annual Com- vestment and in new property tax revenues for and his nation. munity Read-in at McKinley Elementary local communities, and millions of dollars in [From the New York Times, Feb. 9, 2003] School. Last year, she worked with the Los new lease payments to farmers and rural land- A GENTLEMAN, A REVOLUTIONARY Angeles Master Chorale on a project for her owners. Importantly, an RPS will also keep (By Donald L. Dell) students to learn how to write lyrics and mel- our energy dollars at home and diversify our The Arthur Ashe I knew was not only a ody, and perform their own songs with mem- energy portfolio. Finally, the increased use of tennis player, an activist, a thinker, a writ- bers of the Chorale. clean renewable energy through an RPS will er; he was also a man of uncommon grace Currently, Sally is Executive Vice President take us toward a clean energy future by re- and power. On this, the 10th anniversary of of the Asian Youth Center, a member of the ducing air pollution from dirty fossil-fueled his death—Arthur died on Feb. 6, 1993—I San Gabriel Historical Society and the Metro- power plants that threaten public health and want to express my sentiments about my good friend of 23 years. politan Associates, an outreach of the L.A. our climate. When I first met him, he was a skinny Opera Company. In addition, she is active in We have worked hard to draft legislation young man with a whippy tennis game. He The Church of Our Saviour Episcopal Church, that we believe will create public benefits for had great wrist action in his strokes, on both serving as a Vestry member, an usher and a everyone. The renewable energy goals the bill his forehand and his backhand. He had a tre- Lay Eucharist Minister. sets are significant—requiring retail electricity mendous arsenal of shots; he could hit his The time and effort she gives to our com- suppliers to derive 20 percent of their power backhand about seven different ways. He was munity is truly remarkable, and the City of San production from renewables by 2025. In addi- shy, introverted, but he was a risk taker. He Gabriel has benefited greatly from her dedi- tion, the bill is not overly burdensome for was never afraid to take a chance to win a point. Even then, there was a touch of the cated service. states as it gives them flexibility to achieve quiet revolutionary in him. I ask all Members of Congress to join me these goals. The bill sets up a credit trading As he matured, he developed into a genu- today in honoring an extraordinary woman of system that allows states to buy and sell cred- inely intellectual man: inquisitive, studious, California’s 29th Congressional District, Sally its to meet their renewable energy goals, a man who loved learning. This side of his Kendall Baldwin. The entire community joins which will work to further reduce costs. A cap nature is what led him to champion so many me in thanking Sally Baldwin for her continued of 3 cents a kilowatt-hour protects consumers causes, rationally and reasonably. To say efforts to make the 29th Congressional District from excessive costs. The bill permits states that Arthur Ashe transcended tennis is an understatement. an enhanced environment in which to live. to borrow credits against future renewables, Yet it was tennis that remained a passion. f bank renewable credits for future use, or sell Arthur was focused on being the best player them on the open market. The bill gives fed- he could be. He achieved that zenith in 1975 RENEWABLE PORTFOLIO eral credits for existing renewables and for re- with his victory over Jimmy Connors to win STANDARD newables required under a state RPS. The bill Wimbledon—in my opinion, his greatest tri- also returns money to the states from the sale umph on the court. That match remains a HON. MARK UDALL of credits for state weatherization programs, classic example of brains over brawn. Connors’s combination of power and consist- OF COLORADO low-income energy assistance programs, and ency was considered invincible, and yet Ar- IN THE HOUSE OF REPRESENTATIVES for encouraging the installation of additional thur diffused that force, thinking and calcu- Thursday, March 13, 2003 renewables. lating his way to the signature champion- Finally, our bill makes clear that while mate- ship of his exceptional 15-year career. Mr. UDALL of Colorado. Mr. Speaker, today rial removed from the national forests in con- Of course, Arthur always knew that he car- I am introducing a bill with my cousin Rep. nection with fuel reduction projects or for other ried more obligations than merely winning TOM UDALL to establish a federal renewable reasons can qualify as biomass, we have tennis matches. He knew that he was rep- portfolio standard (RPS). been careful to make it clear that the bill does resenting his race at all times. The demands The electric utilities throughout the country of such a burden are difficult to fathom, cer- not set up a new program under which timber tainly for those of us who have never experi- have done a good job providing this nation would be harvested specifically for that pur- with reliable energy. They have done so well, enced it. Through it all, Arthur remained pa- pose. tient, always willing to give of his time to in fact, that we take our energy for granted. Our RPS bill will save consumers money, meet with people, to sign autographs or to But as demand continues to grow, we need benefit farmers and rural landowners, reduce conduct a clinic for underprivileged kids. to make sure that we continue to have afford- air pollution, and increase reliability and en- I was surprised when I read Arthur’s quote able and reliable supplies. And, most impor- ergy security. My cousin and I believe this that the toughest obstacle he had faced was tantly, as we move to more competition in the RPS bill is a win-win proposition and worthy of not his two open heart surgeries, or even delivery of electricity, we must make sure that AIDS, but rather, as he put it, ‘‘being born the support of our colleagues. We will work to- black in America.’’ We had a long discussion the environment and consumers are protected. gether and with our colleagues on both sides So it makes sense to put incentives in place about it. He told me that regardless of how of the aisle to push it forward in the House. prominent you were, each day every black to ensure that less polluting and environ- f person in this country was made aware that mentally friendly sources of energy can find he or she was black. Arthur had faced racism their way into the marketplace. ARTHUR ASHE: GENTLEMAN AND as a young man growing up in Richmond, But it’s not enough to take protective steps. REVOLUTIONARY VA, and regardless of his success, he contin- I believe it’s critical that we also take affirma- ued to have to deal with it his whole life. tive steps to promote cleaner energy produc- HON. CHARLES B. RANGEL His commitment to making a difference, tion. That’s why I support requiring that a cer- along with his sense of justice, led him to be- OF NEW YORK come a leader in the anti-apartheid move- tain amount of our energy supplies come from IN THE HOUSE OF REPRESENTATIVES ment. He assumed the role in his usual intel- renewable energy sources in the form of a re- Thursday, March 13, 2003 lectual way. He first visited South Africa in newable portfolio standard, or RPS. 1973, largely as a learning experience. At the The RPS is a market-friendly approach that Mr. RANGEL. Mr. Speaker, for the benefit of time, he was denounced by the black commu- will provide increased reliability, energy secu- my colleagues I rise to share an important arti- nity, much of which felt that he was being

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MR8.033 E13PT1 E462 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2003 used as a pawn by the South African govern- INTRODUCTION OF THE ANIMAL Joan has been a member of the Temple ment. But Arthur believed that you could DRUG USER FEE ACT OF 2003 City Unified School District Board of Education not speak out against apartheid unless you for twelve years, including serving on the knew something about it. He also thought it HON. FRED UPTON budget and multicultural subcommittees. She was important for young blacks there to see OF MICHIGAN is a board member of the Temple City Edu- a free black man, one of accomplishment and IN THE HOUSE OF REPRESENTATIVES cational Foundation and a member of the site stature in his chosen field. Thursday, March 13, 2003 committee for Cleveland Elementary School’s Arthur’s sense of responsibility to his race, LEARNS program. In addition, Joan is a mem- again coupled with his intellectual curiosity, Mr. UPTON. Mr. Speaker, I rise in support ber of the California Association of Realtors led to one of his proudest achievements. of the bipartisan Animal Drug User Fee Act of and is the legislative liaison for the California While attempting to research the heritage of 2003, legislation that I am introducing today School Boards Association. Ms. Vizcarra’s black athletes, he found no definitive work with Reps. DEGETTE, GREENWOOD, TOWNS, past volunteer participation includes the Tem- on the subject. In typical Ashe fashion, he BILIRAKIS, and JOHN. ple City Parent Teacher Association, Campfire Closely modeled after the Prescription Drug set out to produce one. He invested three Girls, the Arcadia Board of Realtors, the Tem- User Fee Act, the Animal Drug User Fee Act years of his time and money and employed ple City Kiwanis Club, and various political or- is designed to give the FDA the resources and three research assistants to write ‘‘A Hard ganizations. Road to Glory,’’ a three-volume history of incentives necessary to significantly improve The effort and time Joan gives to our com- the black athlete in America. That work, the animal drug review process. This legisla- munity is truly remarkable, and the City of published in 1993, is a milestone in the field tion is sorely needed. Despite a statutory re- Temple City has benefited greatly from her of historical sports writing; the script for the view time of 180 days and the enhanced flexi- dedicated service. television version, which Arthur also wrote, bility granted the agency in the Animal Drug I ask all Members of Congress to join me won three Emmys. Availability Act of 1996, the average review today in honoring an extraordinary woman of For all his public achievements, I was al- currently takes about 1.5 years and may drag California’s 29th Congressional District, Joan ways struck, in my personal relationship on for several years. This slowdown in review Vizcarra. The entire community joins me in with him, by his overriding sense of trust. times is jeopardizing the supply of the new, thanking Joan Vizcarra for her efforts. safe and effective animal drugs needed to That trust pervaded my professional dealings f with him as his lawyer for 23 years. We never keep our pets, flocks, and herds healthy. had a formal contract. After an initial letter The Animal Drug User Fee Act of 2003 is RECOGNITION OF THE OCEANSIDE of agreement in 1970, he and I renewed each endorsed by a coalition of organizations, in- CHAMBER OF COMMERCE year with a handshake. Trust came natu- cluding the American Veterinary Medical Asso- rally to him. He strongly believed—and we ciation, the American Farm Bureau, the Na- tional Cattlemen’s Beef Association, the Na- HON. DARRELL E. ISSA would debate this long and often—that there OF CALIFORNIA was a lot more good in people than bad. tional Milk Producers Federation, the Amer- ican Association of Equine Practitioners, the IN THE HOUSE OF REPRESENTATIVES But that trusting nature belied his tough- American Sheep Industry Association, the Na- Thursday, March 13, 2003 ness. Clearly, Arthur was tough on the ten- nis court, but off the court, he was just as tional Pork Producers Council, and the Na- Mr. ISSA. Mr. Speaker, today the Ocean- strong-willed. One need look no further than tional Turkey Federation. My cosponsors and side Chamber of Commerce will proudly host the strong, unpopular stands he took on I anticipate that additional organizations will the official grand opening of their new offices. issues like more stringent academic stand- join in this endorsement as we move forward There will be a ribbon cutting and reception to ards for college athletes. Often swimming with the legislation. commence this special occasion. I want to ask against the tide, Arthur always chose what I urge my colleagues to join with me and the special recognition for the efforts of Mr. David he believed to be the moral and principled original bipartisan cosponsors of this legisla- Nydegger the Chief Executive Officer of the course. tion in supporting and cosponsoring the Ani- chamber for his hard work in making the new And, obviously, Arthur had to be a man of mal Drug User Fee Act of 2003. offices a reality. great courage to deal with his medical trau- f The Oceanside Chamber Mission Statement mas. Not once, when he learned that he had A TRIBUTE TO JOAN VIZCARRA, reads ‘‘To promote a strong business climate AIDS, did he say, ‘‘Why me?’’ He felt that 29TH CONGRESSIONAL DISTRICT throughout the City of Oceanside, serve as same question could be asked of all the won- WOMAN OF YEAR—2003 leader and advocate for the business commu- derful things he enjoyed in life. Why did he nity, enhance the economic stability of the city win Wimbledon? Why did he marry a beau- HON. ADAM B. SCHIFF and act as a collective voice for business con- tiful, talented woman, Jeanne, who was such cerns.’’ OF CALIFORNIA a major force in his life, and become father I believe that the Oceanside Chamber of IN THE HOUSE OF REPRESENTATIVES to a loving, precious child, Camera? No. Commerce has been successful in achieving When it came to adversity, Arthur preferred Thursday, March 13, 2003 the goals stated in its mission statement. to pose the question differently. ‘‘Why not Mr. SCHIFF. Mr. Speaker, I rise today to Since its doors opened in 1896, the chamber me?’’ he would ask. honor Women’s History Month. Each year, we has effectively promoted local business and When our group was leaving South Africa pay special tribute to the accomplishments been a valuable resource to the Oceanside in 1973, someone handed my wife, Carole, a made by our nation’s most distinguished business community. newspaper. Rolled inside it was a poem from women during the month of March. It is my Mr. Speaker, on the occasion of the cham- Don Matera, a South African poet and free- great honor to recognize extraordinary women ber’s grand opening, I would like to personally dom fighter who had recently been banned who are making a difference in my district. recognize the work of the Oceanside Chamber and was therefore prohibited from meeting I stand today, to pay special recognition to of Commerce on behalf of the businesses and with Arthur in public. I think that poem Joan Vizcarra, an outstanding woman of Cali- citizens of Oceanside. really captures the essence of Arthur Ashe. fornia’s 29th Congressional District. Ms. f I listened deeply when you spoke Vizcarra’s passion for community service, es- About the step-by-step revolution pecially on behalf of education has made the RECOGNIZING STEVE COX Of a gradual harvest, City of Temple City a better place in which to Tendered by the rains of tolerance.... live. HON. SAM GRAVES and I loved you brother— Ms. Vizcarra graduated from California State OF MISSOURI Not for your quiet philosophy University at Los Angeles, majoring in psy- IN THE HOUSE OF REPRESENTATIVES But for the rage in your soul, chology. Currently a realtor, she is attending Trained to be rebuked or the Phillips Graduate Institute taking a grad- Thursday, March 13, 2003 summoned.... uate program in psychology to obtain her mar- Mr. GRAVES. Mr. Speaker, I proudly pause These lines reveal the true Arthur Ashe: a riage and family therapy license. Joan and her to recognize Steve Cox, an exceptional gen- man of quiet philosophy, with a raging, husband, Fernando Vizcarra, a Temple City tleman who has exemplified the finest qualities noble soul—a man I loved so much. We may Councilmember, have been married thirty-four of citizenship and leadership in his work as never see his like again. years and have two children, Lara and Erin, the sheriff of Livingston County, Missouri, and and one grandchild. with the Elks Lodge 656 of Chillicothe.

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MR8.037 E13PT1 March 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E463 This year, Steve is being honored with the pay special tribute to the accomplishments War II. He wore his Navy ensign’s uniform for Outstanding Achievements Award as the Elk’s made by our nation’s most distinguished the ceremony. At the time he was an adminis- citizen of the year. Steve is truly an asset to women during the month of March. It is my trative officer with the Navy at the Philadelphia crime fighting in Northwest Missouri. Under his great honor to recognize extraordinary women Ship Yard, which was then a major deploy- leadership, his department has received the who are making a difference in my district. ment facility for troops and shipping traffic. Missouri State Deputy Sheriff of the Year I stand today to recognize an outstanding They are the proud parents of seven chil- Award two years in a row. woman of California’s 29th Congressional Dis- dren: Michael, of Washington, DC; Patrick, of When Steve is not working relentlessly as trict, Ms. Jacqueline ‘‘Jacquie’’ Fennessy. Columbia, SC; Kevin, of San Francisco; John, the sheriff, he spends his spare time in inter- Over the years, Ms. Fennessy has given self- of Poway, CA; Brian, of Dunmore; Albert, Jr., net chat rooms searching for sexual predators. lessly of her time and energy to many different of Scranton; and Mary Kenney, of Clarks To date, he has brought over a dozen to jus- organizations in Altadena, California. Summit. They are also the proud grandparents tice. A 45-year resident of Altadena, Jacquie and of 22 grandchildren. Mr. Speaker, I proudly ask you to join me in her husband, Dr. William J. Fennessy have In addition to raising a large family, Mary commending Steve Cox for his many impor- five children, William, Brian, Michael, David, has been continuously active in various orga- tant contributions to Northwest Missouri Offi- Daniel, and twelve grandchildren. As a young nizations of her parish church, including her cers, the Elks Lodge 656 of Chillicothe, his mother, she was involved in the Boy Scouts of role as Eucharistic minister. Last year, Albert community and the 6th District of Missouri. America, the local Parent Teacher Association was presented with the Man of the Year f and Little League. In 1986, she became the award by the Greater Pittston Friendly Sons of Executive Director for Patron Saints Founda- St. Patrick. WHAT THE AMERICAN FLAG tion, a position she currently holds. The foun- Mr. Speaker, I am pleased to call to the at- MEANS TO ME dation is an association that awards charitable tention of the House of Representatives the grants to non-profit health care organizations 60th wedding anniversary of Albert and Mary HON. TOM LATHAM in the west San Gabriel Valley. Clark, and I wish them and their family all the OF IOWA Jacquie has served on the Altadena Town best. IN THE HOUSE OF REPRESENTATIVES Council since 1992, serving as Chair for three f Thursday, March 13, 2003 terms. The consummate volunteer, Ms. Fennessy is also a member of the Altadena SHLOMO ARGOV—A VICTIM OF Mr. LATHAM. Mr. Speaker, I wish to share Chamber of Commerce, Christmas Tree Lane MINDLESS VIOLENCE with my colleagues an essay written by Jeffer- Association, Altadena Heritage and the Alta- son Brown, a constituent of mine from Mason dena Conservancy. Her board memberships HON. DAVID R. OBEY City, IA. Jefferson is a 12-year-old 6th grader include the Sheriff’s Support Group of Alta- OF WISCONSIN at Roosevelt Middle School in Mason City. He dena, Scripps Home, and the Altadena Histor- IN THE HOUSE OF REPRESENTATIVES recently won an award from the Elks Lodge in ical Society. Active in Altadena’s libraries, she Mason City and will soon be traveling to the Thursday, March 13, 2003 has been an Altadena Library Board of Trust- State Capital in Des Moines to compete in a ee member since 1994, serving two terms as Mr. OBEY. Mr. Speaker, a good man has state-wide competition. I submit his award-win- President, and a member of Friends of the Al- died after spending 20 years completely para- ning essay for the RECORD. tadena Library for nearly forty years. lyzed because of mindless violence per- The American flag means many things to Jacquie has received many awards, includ- petrated by the Abu Nidal Middle East terrorist me. It symbolizes pride, joy, strength, and ing the California Legislature’s 44th Assembly faction. Shlomo Argov, the former Israeli Am- ability. These all come from the flag of the bassador to Britain, who died on February 23 great country we live in. District Woman of the Year in 1999, Pasadena The flag symbolizes pride, the pride of our Mental Health Association’s Community Volun- in a Jerusalem hospital, was shot as he country, ourselves, and pride for our flag of teer of the Year in 1998, and Citizen of the emerged from a meeting in a London hotel in America. It gives hope, it gives us pride, the Year in 1998 by the Altadena Chamber of 1982. For more than 20 years he was a living flag is a symbol of our pride in our country. Commerce. example of the tragedy that has befallen so The flag represents joy for the heroes who The time and energy she gives to our com- many decent people because of mindless ha- stood tall defending our country. Joy when tred that is used to justify terrorist acts. the warriors came home to us all. The joy of munity is truly remarkable, and the greater Al- tadena area has benefited greatly from her I first met him when he showed me around one, the joy of all is in the flag that flies Jerusalem on my first visit to the Middle East high above us, the flag stands for joy in dedicated service. America. I ask all Members of Congress to join me after the 1973 Israeli-Arab war. He was a po- Strength is in the flag, and the strength is today in honoring a remarkable woman of litical moderate who in his conversations with in the hearts of all the American people. The California’s 29th Congressional District, Jac- me spoke articulately of the need for Israelis strength is in our army, strength in those queline ‘‘Jacquie’’ Fennessy. The entire com- and Palestinians to come to an understanding who lost a loved one on those days when we munity joins me in thanking Ms. Fennessy for about their differences, and, yet, he was stood tall. The strength is in one; the her continued efforts to make the 29th Con- gunned down by forces of hatred who have al- strength is in all, it is in America; that ways been anxious to make a political point stands tall. gressional District a better place in which to Last but not least, ability. The flag stands live. regardless of the injury done to other human for ability. Ability is in all of us, it is what f beings or to their own cause. we do. We are better at some things than Before he was so viciously assaulted, he others. Some of us can run or jump better ALBERT AND MARY CLARK CELE- had a distinguished career in Israeli’s Minister then others, or we can draw or write better; BRATE 60TH WEDDING ANNIVER- of Foreign Affairs and served as Ambassador but the point is that we all must bring our SARY to Mexico, the Netherlands, and finally, Am- abilities together just as if we were colors on bassador to Britain. His death is another dem- the American flag, the colors come together onstration of how close the Middle East is to to make the flag. Just as we must, all united HON. PAUL E. KANJORSKI as one. OF PENNSYLVANIA running out of men of good will before it runs IN THE HOUSE OF REPRESENTATIVES out of hatred. f Mr. Argov paid a terrible price for trying to A TRIBUTE TO JACQUELINE Thursday, March 13, 2003 bring his talents to bear to advance the well ‘‘JACQUIE’’ FENNESSY, 29TH CON- Mr. KANJORSKI. Mr. Speaker, I rise day to being of the part of the world from which he GRESSIONAL DISTRICT WOMAN call the attention of the House of Representa- came. His death should not go unnoticed. Nei- OF THE YEAR—2003 tives to the 60th wedding anniversary of my ther should the distinguished service that he good friends Albert and Mary Clark of Pittston, provided to Israel and the world before his life HON. ADAM B. SCHIFF PA. The Clarks will be honored March 15 with was so cruelly changed by mindless Pales- OF CALIFORNIA a Mass of Thanksgiving at St. Mary’s Church tinian militants. IN THE HOUSE OF REPRESENTATIVES in Pittston and an anniversary dinner at St. Thoughtful people in both Israeli and Pales- Mary’s Center in Scranton. tinian circles should view his death as another Thursday, March 13, 2003 Albert and Mary, the former Mary Jordan, reminder of the need to end the terror, cut Mr. SCHIFF. Mr. Speaker, I rise today to were married March 6, 1943, in their neighbor- through the hatred, and give innocent civilians honor Women’s History Month. Each year, we hood church in Pittston, in the middle of World in that region an opportunity for the kind of

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MR8.042 E13PT1 E464 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2003 happy and decent life which was denied to Community Health Centers. At a time when A TRIBUTE TO DOROTHY M. Shlomo Argov. the number of uninsured Americans continues COHEN, 29TH CONGRESSIONAL I’m sure the sympathies of all of us who to increase and federal and state governments DISTRICT WOMAN OF THE knew him go out to his family. I am inserting are facing budget shortfalls, community health YEAR—2003 a copy of Mr. Argov’s obituary that appeared centers continue to provide vital services at in the Washington Post. reasonable cost to millions of Americans. This HON. ADAM B. SCHIFF [From the Washington Post, Feb. 24, 2003] bipartisan initiative calls for doubling the cur- OF CALIFORNIA ISRAELI DIPLOMAT SHLOMO ARGOV DIES IN THE HOUSE OF REPRESENTATIVES rent level of funding for the consolidated JERUSALEM.—Shlomo Argov, 73, the former Thursday, March 13, 2003 Israeli ambassador to Britain who was para- health centers program by 2006. The addi- lyzed during an assassination attempt by tional funds would double access to com- Mr. SCHIFF. Mr. Speaker, I rise today to Palestinian militants that triggered Israel’s prehensive health care for the millions of honor Women’s History Month. Each year, we invasion of Lebanon in 1982, died Feb. 23. Americans who currently are without health in- pay special tribute to the accomplishments He has been in Jerusalem’s Hadassah hos- made by our nation’s most distinguished surance. pital since the shooting. Hospital officials women during the month of March. It is my said he died from complication from wounds Community health centers are local, non- great honor to recognize extraordinary women that left him completely paralyzed and on profit, community-owned health care providers who are making a difference in my district. life-support machines. Israeli Prime Minister Ariel Sharon an- serving low-income and medically underserved I stand today, to pay special recognition to nounced at the start of Sunday’s weekly urban and rural communities. Health centers Ms. Dorothy Cohen, an outstanding woman of Gabinet meeting that ‘‘this morning, before have a proven 30-year track record of pro- California’s 29th Congressional District. Over the years, Dorothy has been an outspoken ad- dawn, Ambassador Shlomo Argov died.’’ viding cost-effective, comprehensive, quality Gunmen from the Abu Nidal guerrilla fac- vocate for the residents of the city of South tion, which has ties to Libya, Syria and Iraq, care. Past investment in community health Pasadena, California. shot Mr. Argov after a diplomatic meeting centers has resulted in improved health and Ms. Cohen has been a member of the outside London’s Dorchester Hotel. Three quality of life for many Americans, as well as South Pasadena City Council since 1994, Abu Nidal members were convicted in the a reduction in over all national health care serving as Mayor for two terms. Some of her shooting. The shooting was Israel’s stated pretext spending. greatest accomplishments on the Council in- for invading Lebanon four days later and clude the re-opening of City Hall five days a Community health centers provide health week, repainting the city’s historic water tower, laying siege to Beirut for three months until care services to uninsured and low-income in- Palestinian leader Yasser Arafat and his advocating for a quarterly city newsletter and fighter were forced out of the country. The dividuals in medically underserved areas. serving as its editorial advisor for seven years, invasion also marked the start of an 18-year They are vital to the fabric of health care in adoption of the tiger lily as the city flower, and Israeli military presence in south Lebanon, our country. This year, more than 1,000 health her efforts to preserve the quality of life for the which ended with Israel’s withdrawal in May centers will serve nearly 14 million children citizens of South Pasadena. 2000. and adults in 3,400 communities across the Dorothy is a fourth generation Californian Reuven Merhaz, a former colleague of Mr. and a forty-one year resident of South Pasa- Argov, said Sharon, who was defined min- country. Of these, 5 million are uninsured; dena. Prior to her marriage in 1950 to Jerry ister at the time, had planned the Lebanon 750,000 are homeless; 850,000 are migrant Cohen, a reporter and features writer for the invasion, well before Argov was shot. and seasonal farmworkers; 5.4 million are ‘‘The war plan was ready,’’ Merhav told Los Angeles Times, she was a reporter and Israel Radio on Sunday. ‘‘He [Sharon] made residents of rural areas; and nearly 9 million television columnist for the San Diego Union no secret of it. He had presented the plan to are people of color. Tribune. While raising her children, she the Americans some months earlier.’’ Community health centers are vital in my worked part-time for fourteen years for the Mr. Argov, who was born in Jerusalem, South Pasadena Unified School District. Dur- studied in Washington and London and congressional district. Health Centers have joined Israel’s Ministry of Foreign Affairs in significantly increased the use of preventive ing that time, she actively participated in the South Pasadena Parent Teacher Association 1959. He served as ambassador to Mexico and health services such as Pap smears, mammo- and the Girl Scouts of America. the Netherlands before assuming his position grams, and glaucoma screening services as ambassador to Britain in 1979. A long-time supporter of public libraries, Ms. The Jerusalem Post described Mr. Argov as among the populations they serve. Health Cohen was a cofounder of the Friends of the ‘‘brilliant and suave’’ and ranked him with Centers have increased substantially the num- South Pasadena Public Library Bookstore in orator and historian Abba Eban, Israel’s first ber and proportion of immunized children, and 1984. She currently serves as the chair of its ambassador to the United Nations, who died have made significant strides in preventing Steering Committee and volunteers weekly in in November. the bookstore. She is past president of the Victor Harel, a deputy director general at anemia and lead poisoning. Furthermore, the Israeli Foreign Minister, said that at the Health Centers contribute to the health and Friends of the Library, Library Board of Trust- time of the shooting. Mr. Argov was in his well-being of their communities by reducing ees and the League of Women Voters. Dorothy has participated in numerous city physical and intellectual prime, jogging the risk of adverse pregnancy outcomes, every day and conversing in fluent English task forces over the years, such as the Down- and Spanish in addition to his native He- keeping children healthy and in school, and town Revitalization Task Force, the General brew. helping adults remain productive and on the Plan Advisory Committee, and the Mission While he remained lucid after the shooting, job. Street Specific Plan Committee. Most recently, he was emotionally devastated by the aware- she co-chaired the Gold Line Railway Station ness of his disability, Harel told the radio. Expanding community health centers is a ‘‘He was fully conscious for the first two or proven, viable, and cost-effective way to bring Art and Design Advisory Committee. I ask all Members of Congress to join me three years.’’ he said ‘‘But he couldn’t do health services to uninsured populations and today in honoring a remarkable woman of anything on his own. The paralysis was underserved communities. The bipartisan total. He also got more and more medica- California’s 29th Congressional District, Doro- tion, so visiting him became harder and REACH Resolution would enable health cen- thy M. Cohen. The entire community joins me harder.’’ ters to serve 20 million Americans, including 9 in thanking Ms. Cohen for her continued ef- Mr. Argov’s survivors include three chil- million individuals without health insurance. As forts to make the 29th Congressional District dren. Cover the Uninsured Week comes to a close an enhanced place in which to live. f and with 41 million Americans living with no f RESOLUTION TO EXPAND ACCESS insurance we need to find ways to address THE ENGLISH LANGUAGE UNITY TO COMMUNITY HEALTH CENTERS this crisis. The REACH Resolution is a step in ACT OF 2003—H.R. 997 the right direction. The resolution would send HON. MICHAEL E. CAPUANO a clear message that Congress supports ef- HON. STEVE KING OF MASSACHUSETTS forts to provide critical health care to low- and OF IOWA IN THE HOUSE OF REPRESENTATIVES moderate-income urban and rural commu- IN THE HOUSE OF REPRESENTATIVES Thursday, March 13, 2003 nities. I urge my colleagues to support this im- Thursday, March 13, 2003 portant legislation. Mr. CAPUANO. Mr. Speaker, I rise today to Mr. KING of Iowa. Mr. Speaker, I have intro- introduce the Resolution to Expand Access to duced legislation to make English the official

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MR8.046 E13PT1 March 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E465 language of the United States Government. English has resulted in very serious con- (The Providence (RI) Journal-Bulletin, Apr. The English language is the carrier of liberty sequences. 5, 2002, originally reported by Alisha A. Pina) and freedom throughout history and the world. I urge my colleagues to cosponsor The LINGUISTIC GHETTO HITS PROFESSIONALS For centuries, our common tongue, English, English Language Unity Act of 2003 in the Even though many immigrants to the U.S. has been the uniting force in this great nation, 108th Congress so that we can ensure that all bring impressive resumes and skills, the lan- knocking down ethnic and religious barriers to Americans have the opportunity to attain the guage barrier sidelines thousands. The sto- make us truly one nation. Today, as we rally American dream. ries are endless and familiar: for unity and patriotism a common means of LANGUAGE BARRIER DANGEROUS, OFTEN The Iraqi political refugee who was a col- communication propels us toward our goal. DEADLY, FOR IMMIGRANTS lege professor in Iraq, with a doctorate in international development from Oklahoma The English Language Unity Act declares The high rate of immigration to the United State University. A specialist in agriculture, English the language of the United States. States is rapidly changing the face of Amer- he now directs terminal traffic at Atlanta’s ica, primarily due to the massive numbers of Like its predecessors, it does not affect the Hartsfield International Airport. teaching and study of other languages. It does limited-English speakers arriving daily to our shores. There are 21.3 million people liv- The West African surgeon who once not deter the use of other languages in the trained other doctors as a member of the home, community, church, or elsewhere. The ing here today who do not speak English ‘‘very well.’’ World Health Organization, and once served Act includes commonsense exceptions to the Following are but a few recent snapshots as the only doctor in a refugee camp in policy, for international relations, national se- of appalling episodes that occur regularly in Ghana that housed thousands of people. He curity, teaching of languages, and preservation communities around the U.S. Tragic situa- worked nonstop, rarely getting a full night’s of Native Alaskan or Native American lan- tions like these can be averted if immigrants sleep. Today, he works in a warehouse in are given every opportunity to learn English: Lithonia, Ga. He can’t be certified as a doc- guages. tor in America until he masters English well A common language has enabled genera- PHILADELPHIA STRUGGLES UNDER LANGUAGE enough to pass the medical exams. tions of Americans to realize the dream of BARRIERS American opportunity and freedom. Studies Language has become a big problem in (Cox News Service, Jan. 15, 2002, originally continue to prove those who know English get Philadelphia, with about 65,810 Philadel- reported by John Blake) better jobs, earn more money and receive bet- phians, or 4.6 percent of the city’s popu- ter health care than those who cannot speak lation, being isolated by language barriers. JAPANESE WOMAN DIES IN FREEZING TEMPERA- TURES, LANGUAGE BARRIER CONTRIBUTING the language. As a result, an emphasis on Two recent examples of linguistic troubles: Elderly Russian-speaking residents were FACTOR English decreases reliance on the federal gov- ‘‘clueless’’ after being thrown out of their A woman holding a crude map of a tree ernment. adult day care center because they didn’t un- next to a highway and wandering around a The need for official English appears in our derstand recent eligibility changes that had landfill aroused the suspicions of Minnesota newspapers every day—injuries in the work- been sent to them in the mail and were writ- police, who later determined she was looking place, mistranslations at hospitals, people who ten in English. for the treasure featured in the fictional are unable to support themselves and their Dominican Republic shopkeepers couldn’t movie ‘‘Fargo.’’ Though officials attempted families—all because they could not speak meet requirements of food inspectors be- to explain to the woman, who spoke only English. cause they didn’t speak English. Japanese, that neither the movie nor the Recognizing a common language is neither (Philadelphia Daily News, Sept. 25, 2002, treasure was real, attempts to overcome the racist nor exclusionary. It is a principle en- originally reported by Scott Flander) language barrier were nearly insurmount- acted by 177 countries worldwide to allow for CRASH CAUSED BY LANGUAGE GAP able. Six days after being placed on her way home, her body was found by a bow hunter 60 An accident on a state highway in New the transmission of ideas and customs and to miles east of Fargo. allow people of multiple cultures to come to- Hampshire was caused when an English gether. This bill does not inhibit people from speaking passenger said, ‘‘You’re going to take a left at exit 5,’’ while trying to teach (The Bismarck Tribune, Jan. 8, 2002, speaking other languages, nor does it attempt a Spanish speaking driver how to operate a originally reported by Deena Winter) to place any limits on culture, religion or cus- motor vehicle. The driver proceeded to make TEENAGE MOMS GET UNEXPECTED ‘SURPRISE’ toms. a sharp left and collide with a tree. The car Each year the California Department of The Unity Act gives newcomers an oppor- was totaled, but both occupants escaped Social Services prints calendars to help teen- tunity to succeed in the United States. It unharmed. bonds the newcomer with his fellow Ameri- age mothers cope with a daunting world. (The (Manchester, NH) Union Leader, July They include nutritional tips for babies and cans, allowing both to reach for the highest mothers, immunization charts, job and do- 23, 2002, originally reported by Sherry Butt rung on the economic ladder and provide for mestic violence hotlines, tips for living a re- Dunham) a family. sponsible life. According to the U.S. Department of Edu- MEDICAL MISHAPS This year an unexpected surprise: A toll- cation, those with limited English proficiency Immigrants, both because of language free number for a phone sex line. The number are less likely to be employed, less likely to be problems and cultural differences, are at risk was printed by mistake on 32,000 Spanish- employed continuously, tend to work in the for communicating with their doctors. language calendars sent to 169 county There’s the story of the Hispanic mother least desirable sectors and earn less than CalWORKS offices, community organizations who gave her child 11 teaspoons of cough and job centers across the state. those who speak English. Annual earnings by medication because she read the English limited English proficient adults were approxi- Normally, someone at the department, who word ‘‘once’’ as the identically spelled Span- would call the phone numbers to make sure mately half of the earnings of the total popu- ish word for eleven. The child lived, but the they were correct, would proofread the lation surveyed. mistake could have been fatal. English- and Spanish-language calendars, Few doubt this reality. In a 1995 poll by the But this year, after the English-language Luntz Research firm, more than 80 percent of (Passaic (NJ) Herald News, July 2, 2002, version was translated into Spanish at Chico immigrants supported making English the offi- originally reported by Sarah Brown) State, no one at the department proofread it. cial language of the United States. They are MAN ACCUSED OF KILLING BROTHER-IN-LAW, joined by 86 percent of all Americans who USES LANGUAGE BARRIER TO SHOW INNOCENCE (Sacramento Bee, Jan. 1, 2002, originally agree with English as the official language of Language skills played a central role in a reported by John Hill) Rhode Island courtroom when the defense the United States. IMMIGRANTS FACE DEADLY MIX DUE TO claimed the accused had not been read his Similar English legislation in the 104th Con- LANGUAGE GAP rights in his native language of Gujarati. gress, H.R. 123, drew 197 bipartisan House The 25-year old, who had been in the United Orange County, Calif., is dealing with a cosponsors and won a bipartisan vote on Au- States for 12 years, is accused of murdering startling increase in the number of Hispanics gust 1, 1996. That spirited effort, led by our his brother-in-law in a Portsmouth hotel. and immigrants killed on the job, part of a 33 late colleague Bill Emerson, is unfinished busi- Though the accused gave a statement ad- percent rise nationwide, even as the overall ness that we must attend to for the benefit of mitting to the crime, the defense claims that number of fatalities has declined. An inves- all Americans. the charges of murder, conspiracy to commit tigation into the records found that nearly Mr. Speaker, I would respectfully request murder, committing assault with the intent half of the persons killed while working over that the following document, prepared by the to rob, conspiring to commit robbery and the last three years were immigrants. discharging a firearm while committing a Experts say that language barriers and national group U.S. ENGLISH, Inc. be inserted crime of violence resulting in a death should lack of training play a major role in the into the RECORD. This document is a compila- be dismissed because the Miranda warning trend. OSHA investigations have found a tion of news stories from major newspapers was meaningless to a man whose 1991 report lack of understanding of instructions and a across the United States which highlights nu- card gave him an ‘‘LB’’ [language barrier] lack of use of safety gear in many inquiries merous incidents where the inability to speak grade in reading and writing. following workplace incidents. Worse, OSHA

VerDate Jan 31 2003 07:25 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MR8.050 E13PT1 E466 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2003 found that many immigrant worker casual- (Associated Press, Oct. 12, 1997, originally In seeking full congressional representation, ties go unreported. reported by Lauran Neergaard) we often have stressed the District’s taxpaying One Orange County worker died from a fall f status because most of us pay federal taxes into a 175–degree vat of chemicals at an Ana- and because uniquely among American citi- heim metal-plating shop. Though the com- ON EVE OF WAR D.C. VETERANS STAND WITH NORTON ON INTRO- zens, D.C. gets no vote in Congress in return. pany’s instruction manual clearly forbid However, today we emphasize a duty of citi- walking on the 5-inch rail between tanks, it DUCTION OF D.C. VOTING RIGHTS was printed in English, not a language that BILL zenship far more important, requiring far great- the worker understood. A subsequent inquiry er sacrifice. Ever since America’s first war, the into the accident found that many of the re- Revolutionary War, that was waged to elimi- cent hires were neither trained to handle HON. ELEANOR HOLMES NORTON nate taxation without representation, D.C. resi- hazardous materials nor proficient in OF THE DISTRICT OF COLUMBIA dents have fought and died for their country. English. IN THE HOUSE OF REPRESENTATIVES They have done so often disproportionately. In Thursday, March 13, 2003 World War I, the District suffered more casual- (The Orange County (CA) Register, Oct. 21, Ms. NORTON. Mr. Speaker, today, I intro- ties than three states; in World War II, more 2001, originally reported by Natalya duce the ‘‘No Taxation Without Representation casualties than four states; in the Korean War, Shulyakovskaya and Alejandro Maciel) Act’’ in the House, and simultaneously our more casualties than eight states; and in Viet- LANGUAGE BARRIER IMPEDE POLICE good friend, Senator JOE LIEBERMAN, will intro- nam, more casualties than ten states. INVESTIGATIONS duce the same bill in the Senate. The bill Since I have been in Congress, I have par- ticipated in ceremonies that have sent D.C. After failing to solve only two of 11 homi- would afford the residents of the District of Co- cides in the prior 12 months, Lexington, Ky., lumbia the same congressional voting rights residents to the Persian Gulf War, to Afghani- police had failed to make arrests in six of 13 enjoyed by all Americans. The introduction of stan, and now to the Iraqi border. I have never homicides in an eight month span in 2001. Of- this legislation follows a well-attended Town been able to vote in their name, and our resi- ficials attribute the lack of closure to the Meeting on voting rights last week of deter- dents are without any representation in the difficulty with the language barrier, encoun- mined D.C. residents intent on obtaining Con- Senate. Yet, in today’s military, each is a vol- tering more witnesses and relatives who gressional voting rights, especially today as unteer who has willingly taken on the most spoke English poorly or not at all. ‘‘Any the nation prepares for war. weighty of all the obligations of citizenship. time you have a language barrier, it’s going Our bill is particularly inspired by the District Thus, I introduce our voting rights bill today for to slow you down,’’ said Lt. P. Richardson of the Lexington Police. of Columbia’s 46,000 veterans, who are rep- D.C. residents but particularly for our residents resented by three distinguished veterans who serving in the military today and the nearly appeared with me at a press conference this 50,000 veterans who live in our city. (Lexington (KY) Herald-Leader, Aug. 28, 2001, morning. I especially thank my friend, former Encouraged by the 9–0 Senate Committee originally reported by Jefferson George) Secretary of the Army Clifford Alexander, who vote that took the city’s voting rights bill to the LANGUAGE BARRIER OFTEN TURNS ROBBERY also served in the United States Army. Sec- Senate floor last year, we are now in the INTO MURDER retary Alexander has long worked for equal throes of preparations to take our case to the Police in New Jersey stepped up patrols rights for the American people, and especially country. Let us begin by telling America what after a series of attacks on gas station at- for D.C. residents, and was the lead plaintiff in too many do not know about service and sac- tendants in the early morning hours. Gas one of the D.C. voting rights cases before the rifice without representation. station employees in New Jersey are espe- U.S. Supreme Court, Alexander v. Daley. I am I urge my colleagues to support this vital cially vulnerable, as the Garden State is one also personally indebted to Secretary Alex- legislation. of only two states to prohibit self-serve gaso- ander, who preceded me as an especially dis- line. f tinguished chair of the Equal Employment Op- Police surveillance and drive-bys were in- TRIBUTE TO BOB HITZHUSEN creased to allay fears among workers, portunity Commission. I am also grateful to the though officials cautioned late-night gas at- other veterans who are here today. Both are HON. IKE SKELTON tendants, 95 percent of whom are estimated D.C. residents and graduates of the service OF MISSOURI not to speak English, to not resist when con- academies—Wesley Brown, the first black fronted with a robbery situation. ‘‘The lan- graduate of the U.S. Naval Academy and a IN THE HOUSE OF REPRESENTATIVES guage barrier could play a big part,’’ said former chair of my Service Academy Selection Thursday, March 13, 2003 Sgt. Steve Choromansky, ‘‘Sometimes a rob- Board and George Keys, a graduate of the Mr. SKELTON. Mr. Speaker, it has come to ber might think someone is stalling, when U.S. Air Force Academy and current Selection they’re just unsure of the situation.’’ my attention that a long and exceptionally dis- Board Member as well as a former chair. The tinguished career at the Missouri Farm Bureau Service Academy Selection Board performs an will soon come to an end. Mr. Bob Hitzhusen (The Bergen County (NJ) Record, Aug. 28, indispensable service for D.C. residents and has announced his retirement after 25 years 2001, originally reported by Leslie Koren for our country. Board members spend count- and Peter Pochna) of service to the farmers of Missouri. less hours screening, interviewing and select- Bob launched his professional agriculture SPANISH-LABELING MISTAKE IN BABY FORMULA ing candidates for me to nominate to the na- career after graduating with a degree in Agri- Hundreds of batches of infant formula were tion’s service academies. culture Economics from Iowa State University. recalled when it was found that the prepara- I also invited the current chair of my Service After serving as an admissions counselor at tion instructions in Spanish were incorrect. Academy Board, Mr. Kerwin Miller, to partici- Iowa State for two years, he joined the legisla- As written, the Spanish instructions created pate in the press conference today, and he tive staff of Congressman Wiley Mayne in a product that could lead to seizures, irreg- originally agreed to speak. However, Mr. Miller 1975, serving in Congressman Mayne’s Wash- ular heartbeat, renal failure or death in in- not only serves on my Service Academy fants. ington, DC office. Board, he also is the Executive Director of the Bob joined the staff of the American Farm D.C. Office of Veterans Affairs. Mr. Miller was Bureau in 1975 as a full-time lobbyist, starting (The Arkansas Democrat-Gazette, Jul. 11, forced to decline for reasons that sharply un- his career with the Farm Bureau. In his posi- 2001) derscore the very reason why we are here tion as lobbyist, he worked with several con- BILLIONS SPENT ON MEDICAL MISHAPS today. Mr. Miller is unable to appear at this gressional delegations and followed key agri- An immigrant woman gave her 85-year-old press conference because of a rider attached cultural issues. mother a dangerously high dose of blood to the District’s annual appropriations legisla- Bob joined the Missouri Farm Bureau staff pressure medicine because she couldn’t un- tion that prohibits city officials, except for as Director of National Legislative Programs in derstand the label’s English-language in- elected officials, from lobbying on behalf of 1978. In this position, he was responsible for structions. The Food and Drug Administra- their own voting rights. Not only is the District Farm Bureau’s policy development program tion estimates that $20 billion a year is spent of Columbia denied voting rights, but the Con- and was actively involved in lobbying for Farm hospitalizing people who, because of the lan- gress adds insult to injury by attaching this Bureau members on state and national levels. guage barrier, take the wrong dose of medi- cation, take the wrong medication entirely outrageous provision to our own budget to de- He has played an active role in every major or mix drugs in dangerous combinations. liberately hamstring the city in its quest for vot- farm program re-write since the 1973 Farm Health experts say millions of immigrants ing rights. This provision is hideously un- Bill. In addition, he has been actively involved risk injury or death because warnings on American, and I again will seek to have it re- in international trade legislation, including or- medicine bottles only come in English. pealed, especially this year. ganizing agricultural support for the North

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MR8.055 E13PT1 March 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E467 American Trade Agreement and the GATT im- tory of the Latino Community in Pasadena’’ Smart was found alive and well, we all plementing legislation. He also worked to im- that she researched and produced. breathed a collective sigh of relief, thankful to plement meaningful Missouri River policy that Roberta serves on numerous boards and God that, in this all too rare instance, there would benefit Missouri’s agriculture producers, committees, including the Pasadena Historical was a happy ending. including work to provide a better levee sys- Museum, the San Gabriel Valley Hispanic For months, we prayed in earnest for Eliza- tem and work to ensure the Missouri River Chamber of Commerce, Pasadena Latino beth’s safety and for the Smart family, who Master Manual fully represents the interest of Forum, Latino Heritage Association, Leader- courageously have crusaded for their daughter the Show Me State. ship Pasadena and the Zonta Club. In addi- despite long odds, refusing to give up their In 1996, Bob was appointed Chief Adminis- tion, she assists the City of Pasadena by par- search. Driven by faith, hope and love, their trative Officer and Corporate Secretary for the ticipating on the Arts Commission, the Pasa- tenacity never wavered. Keeping the case Missouri Farm Bureau Federation and Affili- dena Community Access Corporation, and the alive, they created invaluable public aware- ated Companies. In addition to his administra- Northwest School Site Steering Committee. In ness that eventually resulted in her safe re- tive duties, he has continued to serve as an 2002, Roberta received the Pasadena trieval. In particular, I would like to send my active lobbyist for the farm organization on YWCA’s Woman of Excellence in the Arts fondest wishes to my friend, Joy Bradford, state and national issues. Award. Elizabeth’s aunt who along with the Smarts re- Due to his exceptional service to the Mis- The time and energy she gives to our com- fused to give up looking for her niece. souri Farm Bureau and agricultural programs, munity is truly remarkable, and the City of I would also like to recognize the Salt Lake Bob has been singled out as a leader in agri- Pasadena has benefited greatly from her dedi- City community, who became an extended culture. He was chosen to participate in the cated service. family for the Smarts, never faltering in sup- European Community’s visitors program, I ask all Members of Congress to join me port, and never relenting in a search for one where he spent three weeks studying agricul- today in honoring a remarkable woman of of their own. Gratitude must also be extended tural policy in Europe. He was also awarded a California’s 29th Congressional District, Ro- to the four Sandy police officers that con- partnership award by the USDA soil and water berta H. Martinez. The entire community joins fronted Elizabeth’s abductors and the people conservation programs in Missouri. me in thanking Roberta Martinez for her con- who alerted them. They are true heroes. As Bob Hitzhusen prepares to spend more tinued efforts to making the 29th Congres- It is difficult to express in words how re- time with his family, his wife Verlee and his sional District a better place in which to live. lieved and overjoyed we all are that Elizabeth sons Paul and Mark, I know the members of f is alive and back in the arms of her loving the House will join me in expressing apprecia- family. Our prayers have been answered. Mir- ORGAN DONATION IMPROVEMENT tion for his dedication to Missouri’s agriculture acles do indeed happen. ACT OF 2003 community and to the Missouri Farm Bureau. f f SPEECH OF CRISIS IN HEALTHCARE A TRIBUTE TO ROBERTA H. MAR- HON. DAVE CAMP TINEZ, 29TH CONGRESSIONAL OF MICHIGAN HON. RON PAUL DISTRICT WOMAN OF THE IN THE HOUSE OF REPRESENTATIVES OF TEXAS IN THE HOUSE OF REPRESENTATIVES YEAR—2003 Wednesday, March 12, 2003 Thursday, March 13, 2003 Mr. CAMP. Mr. Speaker, I rise today in HON. ADAM B. SCHIFF strong support of H.R. 399, the Organ Dona- Mr. PAUL. Mr. Speaker, America faces a OF CALIFORNIA tion Improvement Act of 2003. Simply stated, crisis in health care. Health care costs con- IN THE HOUSE OF REPRESENTATIVES this bill will promote organ donation by remov- tinue to rise while physicians and patients Thursday, March 13, 2003 ing existing barriers to living organ donation struggle under the control of managed-care ‘‘gatekeepers.’’ Obviously, fundamental health Mr. SCHIFF. Mr. Speaker, I rise today to and educating the public. Right now there is simply not enough or- care reform should be one of Congress’ top honor Women’s History Month. Each year, we priorities. pay special tribute to the accomplishments gans to meet the needs of patients waiting for them on the transplant lists. The challenge be- Unfortunately, most health care ‘‘reform’’ made by our Nation’s most distinguished proposals either make marginal changes or women during the month of March. It is my fore us is to maximize the number of available organs and to maximize the recovery of or- exacerbate the problem. This is because they great honor to recognize extraordinary women fail to address the root of the problem with who are making a difference in my district. gans available for donation. When an organ becomes available for transplant, we must health care, which is that government policies I stand today, to recognize an outstanding encourage excessive reliance on third-party woman of California’s 29th Congressional Dis- spare no resource to ensure that it is delivered to a patient in need and this bill is a work to- payers. The excessive reliance on third-party trict, Ms. Roberta H. Martinez. Ms. Martinez’s payers removes all ilncentive from individual passion for community volunteerism, espe- wards reaching that goal. Behind every number is a person. Some are patients to concern themselves with health cially on behalf of Latino-American history and care costs. Laws and policies promoting culture, has made the City of Pasadena a bet- waiting for a life-saving or life-enhancing trans- plant. Others celebrate the gift of life they Health Maintenance Organizations (HMOs) re- ter place to live. sulted from a desperate attempt to control spi- Ms. Martinez earned her BA in music, her have received. The mission of this bill is to change the raling costs. However, instead of promoting an MA in music history and is a practicing musi- numbers, by increasing the number of organ efficient health care system, HMOs further cian. Currently she is narrator and vocalist for and tissue donors, ultimately saving more took control over health care away from the in- the Aztec Stories Project, scheduled to play at lives. It is my hope that this outreach will edu- dividual patient and physician. the Ford Theater in Los Angeles in the fall of cate the public about organ and tissue dona- Returning control over health care to the in- this year. Besides owning her own production tion, correct misconceptions about donation, dividual is the key to true health care reform. company, she is a guest lecturer, historian, and create a greater willingness to donate. This is why today I am introducing the Com- and an elementary and middle school sub- Mr. Speaker, this is a good bill and a step prehensive Health Care Reform Act. This leg- stitute teacher. She and her husband, James in the right direction. As a long time advocate islation puts control of health care back into Grimes, reside in Pasadena, and have two for organ donation, I urge support for this bill. the hands of the individual through tax credits, children, Kate and Matthew. I yield back the balance of my time. tax deductions, Medical Savings Accounts, Roberta is host/producer of an award-win- and Flexible Savings Accounts. Specifically, f ning cable access television show—Casa Mar- the Comprehensive Health Care Reform Act: tinez—musica y mas in Pasadena. As a pro- ELIZABETH SMART FOUND ALIVE A. Provides all Americans with a tax credit ducer, she has worked on many annual for 100% of health care expenses. The tax projects including the Adelante Mujer Latina HON. JOHN T. DOOLITTLE credit is fully refundable against both income conference, Latino Fest, and the Cinco de OF CALIFORNIA and payroll taxes. Mayo celebration. In addition, she is the IN THE HOUSE OF REPRESENTATIVES B. Allows individuals to roll over unused founder and current Chair of the Latino History amounts in cafeteria plans and Flexible Sav- Parade and Jamaica. One of the projects Ro- Thursday, March 13, 2003 ings Accounts (FSA). berta is most proud of is the history project Mr. DOOLITTLE. Mr. Speaker, when it was C. Makes every American eligible for an Ar- ‘‘The Past Lives Vividly in the Present: a his- reported yesterday afternoon that Elizabeth cher Medical Savings Account (MSA) and

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MR8.059 E13PT1 E468 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2003 changes the tax laws to increase the benefits Throughout the years, Sonia has focused on Hungarian Reformed Churches held in Buda- of MSAs. using her knowledge to enhance opportunities pest, Hungary. D. Repeals the 7.5 percent threshold for the for the Armenian-American community, which Dr. Ralph Quellhorst has had a significant deduction of medical expenses, thus making has greatly benefited from her devoted serv- impact on the lives of so many people. He has all medical expenses tax deductible. ice. helped so many in the congregations he has By providing a wide range of options, this I ask all Members of Congress to join me served to live a life of goodwill and sacrifice. bill allows individual Americans to choose the today in honoring a remarkable woman of These chances to give back to the public have method of financing health care that best suits California’s 29th Congressional District, Sonia brought him a lifetime of both personal and their individual needs. Increasing frustration Bedrossian Peltekian. The entire community professional achievement. Ohio is certainly with the current health care system is leading joins me in thanking Ms. Peltekian for her ef- blessed to have had Dr. Quellhorst’s voice more and more Americans to embrace this ap- forts. touch the lives of so many in our state. proach to health care reform. For example, a f Mr. Speaker, I ask my colleagues to join me recent poll by the respected Zogby firm in paying special tribute to Dr. Ralph showed that over 80 percent of Americans A SPECIAL TRIBUTE TO DR. Quellhorst. Our communities are served well support providing all Americans with access to RALPH QUELLHORST, OHIO CON- by having such honorable and giving citizens, a Medical Savings Account. I hope all my col- FERENCE MINISTER FOR HIS like Dr. Quellhorst, who care about their well leagues will join this effort to put individuals DEDICATED SERVICE TO THE being and stability. We wish him, his wife, back in control of health care by cosponsoring STATE OF OHIO Sue, and their family all the best as we pay the Comprehensive Health Care Reform Act. tribute to one of our state’s finest citizens. f HON. PAUL E. GILLMOR Mr. Speaker, it is doubtful that H.R. 663, the Patient Safety and Quality Improvement Act, A TRIBUTE TO SONIA BEDROSSIAN OF OHIO will in fact improve the quality of medical care. PELTEKIAN, 29TH CONGRES- IN THE HOUSE OF REPRESENTATIVES What is not doubtful is that HR 663 will in- SIONAL DISTRICT WOMAN OF Thursday, March 13, 2003 crease the federal government’s control over THE YEAR—2003 Mr. GILLMOR. Mr. Speaker, it is with great medicine, which I believe is the most dan- pride that I rise today to pay special tribute to gerous trend facing medicine today. Under HON. ADAM B. SCHIFF an outstanding gentleman, and good friend, H.R. 663, federally-empowered boards and OF CALIFORNIA from Ohio. Dr. Ralph Quellhorst became an commissions will be empowered to establish IN THE HOUSE OF REPRESENTATIVES Ordained Minister of the United Church of new medical databases on patient errors, de- Thursday, March 13, 2003 Christ in 1962. Shortly thereafter he became velop standards for health care information Mr. SCHIFF. Mr. Speaker, I rise today to an Adjunct Professor at Ohio Northern Univer- technology systems, and issue new federal honor Women’s History Month. Each year, we sity in Ada, Ohio. Dr. Quellhorst served on its standards regarding the packaging of drugs pay special tribute to the accomplishments faculty from 1963–1965. Also during that time, and biological products. Supporters of this bill made by our nation’s most distinguished Dr. Quellhorst led the congregation of the Em- will claim that compliance with the standards women during the month of March. It is my manuel United Church of Christ in Bluffton, promulgated is voluntary: however, medical great honor to recognize extraordinary women Ohio. administrators will feel pressure to adhere to who are making a difference in my district. Mr. Speaker, in 1967, Dr. Quellhorst be- the federal guidelines for no other reason than I stand today, to recognize an outstanding came the Associate for Leadership Develop- to avoid jeopardizing their federal funding. Fur- woman of California’s 29th Congressional Dis- ment for the Ohio Conference, United Church thermore, it is questionable how long Con- trict, Ms. Sonia Bedrossian Peltekian. Over the of Christ. He served in that capacity until gress will allow the standards to remain vol- years, Sonia has been an outspoken advocate 1975, during which time he also served the untary. After all, if the federal government is for the Armenian-American community. Eden Theological Seminary as an Adjunct using taxpayer dollars to determine the best Born in Jerusalem, Ms. Peltekian attended Professor. In 1975, Dr. Quellhorst left Ohio for means of protecting patients, than we ‘‘owe’’ it St. Joseph High School, graduating as val- New York City to serve as an Associate in the to the taxpayer to make sure all practitioners edictorian, and Terra Santa Girls’ College Office for Church Life and Leadership, UCC. are following federal standards! where she majored in business administration During his service in New York City, Dr. Supporters of having the federal govern- and minored in music teaching and con- Quellhorst served as an Adjunct Professor in ment determine the standards for patient safe- ducting. Sonia worked in Jerusalem as a the New York Theological Seminary. ty believe that the federal government is capa- music teacher at Terra Santa Boys College, a From 1982 through 1992, Dr. Quellhorst ble of determining the best ways to enhance secretary at the United Nations Relief and served under the Indiana Kentucky Con- patient safety. However, Mr. Speaker, it is un- Work Agency, and organist/choir director for ference, United Church of Christ, in Indianap- likely that the federal government can effec- Terra Santa Church. olis, Indiana. Finally, in 1993, Dr. Quellhorst tively identify and popularize a definitive list of In the 1970s, Sonia immigrated to the returned to the great state of Ohio to serve as best practices for a field as diverse and rapidly United States, became a United States citizen, Conference Minister and Executive for the changing as medicine. In fact, by the time and married Barkev Peltekian. She and her Ohio Conference, United Church of Christ, such standards make their way through what husband have two children, Lara and Paul. from which he is retiring this month. is certain to be a lengthy bureaucratic ap- Her work experience includes a fourteen-year Mr. Speaker, Dr. Quellhorst boasts quite a proval process, the standards are likely to be term as an administrative assistant for Blue long list of educational and professional out of date! Furthermore, the standards will in- Cross of California, piano teaching, and assist- achievements. His first degree was obtained in evitably reflect the bias of those chosen to be ing in the family business, Barkev’s Photog- my congressional district at Heidelberg Col- on the patient safety boards. However, many raphy. lege, located in Tiffin, Ohio. There he received practitioners will no doubt feel discouraged Ms. Peltekian volunteers for the United Ar- his B.A. in Speech. In 1962, he received his from adopting medical error reduction tech- menia Fund, the American Red Cross and the B. Div. from the Eden Theological Seminary, niques not on the ‘‘approved government list.’’ Armenian Cultural Association. For nearly thir- where he later obtained his M. Div. in 1974. Thus, the main effect of federalizing the proc- ty years, she has been extremely active in the Dr. Quellhorst completed his education in ess of developing standards of patient quality Armenian Relief Society, Western Region 1976, when he received his D. Min. from the will be to retard the development of those ‘‘Mayr’’ Chapter in Los Angeles, serving as Eden Theological Seminary. Dr. Quellhorst standards. President and Vice President. In 1998, Sonia serves on the Heidelberg College Board of I am also concerned about the possible vio- won the County of Los Angeles’ Outstanding Trustees, where he has chaired the Academic lations of privacy that inevitably accompany Volunteer Award for her service to refugees Affairs, Faculty and Curriculum, Institutional the government collection of medical data. Of living in Los Angeles County. In addition, she Advancement, and Executive committees. He course, the supporters of this bill claim that volunteers at various schools and community recently served on the Heidelberg Presidential the reporting will not disclose any personal in- functions to speak about issues related to Ar- Search Committee. In addition to his contribu- formation. However, even medical systems menian culture, women and religious holidays. tions in the academic realm, Dr. Quellhorst which claim not to collect personal identifiable Her command of four languages: English, Ar- has been recognized for his humanitarian ef- information can threaten privacy. This is be- menian, Arabic and French help to make her forts. In 2000, he was awarded the John Cal- cause those with access to the information a much sought-after public speaker and volun- vin Award for Humanitarian Work, which was can oftentimes identify the subject of the teer. presented at the 4th World Congress of the ‘‘anonymous’’ report. I am aware of at least

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MR8.063 E13PT1 March 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E469 one incident where a man had his identity re- restoring sight; and 900,000 tissue transplants the USC School of Dentistry Board of vealed when his medical records were used improving physical function and health. These Councilors, American Dental Association, and without his consent. As a result, many people impressive statistics demonstrate the gen- the California Dental Association. in his community discovered details of his erosity of the American people. Yet, more do- The time and energy Dr. Siu gives to our medical history that he wished to keep private! nors are needed to meet the need for life-sav- community is truly remarkable, and the greater Just this morning, CNN’s web site reported on ing transplants, sight restoration procedures, Los Angeles area has benefited greatly from the poor job federal agencies and government repair of wounds and severe burns. Education her dedicated service. contractors are doing in protecting the con- and awareness is the first step toward bridging I ask all Members of Congress to join me fidentiality of social security numbers; yet we the gap to meet the need for more anatomical today in honoring a remarkable woman of are supposed to trust the government with ac- donors. In closing, I encourage all Americans California’s 29th Congressional District, Annie cess to even more personal information! to take the time to discuss with family mem- Chin Siu, D.D.S. The entire community joins In conclusion Mr. Speaker, H.R. 663 could bers the most precious gift a person can me in thanking Dr. Siu for her continued ef- actually retard the development of innovations give—one’s organs, eyes and tissues—to bet- forts to make the 29th Congressional District a in patient safety while promoting yet more fed- ter mankind. better place in which to live. eral control of health care. In addition, it poses f a potential threat to medical privacy. There- f fore, I urge my colleagues to oppose this bill. A TRIBUTE TO ANNIE CHIN SIU, D.D.S., 29TH CONGRESSIONAL TRIBUTE TO MR. DAVID GUZMAN, f DISTRICT WOMAN OF THE FORMER PRESIDENT OF THE NA- PERSONAL EXPLANATION YEAR—2003 TIONAL ASSOCIATION OF VET- ERANS’ PROGRAM ADMINISTRA- HON. MIKE McINTYRE HON. ADAM B. SCHIFF TORS OF NORTH CAROLINA OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES HON. MICHAEL K. SIMPSON Thursday, March 13, 2003 Thursday, March 13, 2003 OF IDAHO IN THE HOUSE OF REPRESENTATIVES Mr. MCINTYRE. Mr. Speaker, on Thursday, Mr. SCHIFF. Mr. Speaker, I rise today to March 13, 2003, I was unavoidably absent for honor Women’s History Month. Each year, we Thursday, March 13, 2003 rollcall vote 62, on agreeing to House Joint pay special tribute to the accomplishment Mr. SIMPSON. Mr. Speaker, I rise today to Resolution 139. Had I been present I would made by our nation’s most distinguished pay tribute to Mr. David Guzman, who recently have voted ‘‘no’’ on rollcall vote 62. women during the month of March. It is my concluded his tenure as President of the Na- f great honor to recognize extraordinary women tional Association of Veterans’ Program Ad- who are making a difference in my district. ministrators (NAVPA) after holding this posi- ORGAN DONATION IMPROVEMENT I stand today to pay special recognition to tion from October of 1998 to October of 2002. ACT OF 2003 Annie Chin Siu, D.D.S., an outstanding Mr. Guzman also recently retired as the Uni- woman of California’s 29th Congressional Dis- versity Registrar at Washington State Univer- HON. TED STRICKLAND trict. Over the years, Dr. Siu has given self- sity and now moves to the position of NAVPA OF OHIO lessly of her time and energy to many different Legislative Director. I am grateful that we will IN THE HOUSE OF REPRESENTATIVES organizations in the greater San Gabriel Val- retain his leadership abilities in this small way. ley. Thursday, March 13, 2003 Long before Mr. Guzman served this na- A San Francisco native, Dr. Siu attended tion’s veterans, he had a distinguished career Mr. STRICKLAND. Mr. Speaker, I am proud the University of California at Berkeley. she in the United States Air Force. He served at to support H.R. 399, the Organ Donation Im- graduated from the University of California at assignments throughout the world for 30 years provement Act of 2003. This important meas- San Francisco School of Dentistry, special- before retiring in 1987, with his last assign- ure takes steps to increase donation activity to izing in Orthodontics and was the only woman ment at Hickam Air Force Base in Hawaii meet the demand for life-saving human or- in her dental school class. After her marriage where he was Senior Enlisted Advisor to the gans. Human anatomical donation is truly the to Dr. Tim Siu, the Sius moved to Alhambra, Commanding General of the Pacific Air greatest gift one can offer to another. This hu- where Dr. Siu opened her orthodontic practice. Forces. He served two tours in the Republic of manitarian act looks beyond one’s self and to Now retired from private practice, Dr. Siu con- Vietnam. those in need—to children, young adults, par- tinues to teach at the University of Southern Mr. Guzman has testified before the Vet- ents, and family members—whose lives we California School of Dentistry. The Sius have erans’ Affairs Committee frequently on Mont- value and whose future we safeguard. been married for nearly fifty years and have gomery GI Bill enhancements. He brought H.R. 399 makes note of the importance of four children: Tina, Susan, Jennifer, and Val- first-hand knowledge on veterans’ education family discussions and encourages families to erie. policy to his testimony from working with vet- express their desires and openly pledge to Dr. Siu has been the recipient of numerous erans at Washington State University. help others through the act of donation. Ameri- awards, including the California Legislature’s Thank you, Mr. Guzman, for your dedication cans have the ability to choose to give gifts 49th Assembly District Woman of the Year, to America’s servicemembers and veterans. that restore sight, save lives, and improve the the 2003 Medal of Honor from the University You are leaving a lasting legacy of dedicated health of others through organ, eye and tissue of California San Francisco Dental Alumni As- service to America and those who protect our donation. While the need for organs is a well- sociation, the Alhambra Rotary Club’s Paul freedoms. documented fact, the need for donated tissues Harris Award, Bank of America’s Achievement and eyes should also be stressed. Many Award, the Los Angeles Chinese Chamber of f Americans do not realize that those who can- Commerce’s Service Award, Los Angeles not become donors of organs for various med- Chinatown Public Safety Award, and the Ed- IN MEMORY OF AHMAD R. OLOMI ical reasons can still save sight and improve ward Angle Orthodontic Excellence Award. the health of others through eye and tissue Dr. Siu is a past President and longtime HON. KEN CALVERT donation. It is therefore of critical importance member of the Alhambra Chamber of Com- OF CALIFORNIA that when families do discuss their wishes to merce. The consummate volunteer, Dr. Siu IN THE HOUSE OF REPRESENTATIVES give anatomical gifts, they are knowledgeable has been active in the Alhambra Public Library about all of their opportunities: to save lives; Association, the Los Angeles Chinatown Li- Thursday, March 13, 2003 restore sight; and improve the health of others brary. the Soroptimist Club of Alhambra-San Mr. CALVERT. Mr. Speaker, I rise today to through the donation of their organs, eyes, Gabriel-San Marino, University Women Asso- honor and pay tribute to an individual whose and tissues. These precious gifts give life, im- ciation, United Way, the Chinese American dedication to his country and community was prove health and advance medical science for Museum, Chinese Historical Society of Los extraordinary. Orange County, California, was those who often have no alternative hope for Angeles, Los Angeles Chinatown Public Safe- indeed fortunate to have such a dynamic and treatment and cure. ty Association, and the West San Gabriel Val- dedicated community leader who willingly and In 2001, there were 24,076 organ trans- ley YMCA. In addition, Dr. Siu is a member of unselfishly gave his time and talents to make plants giving life; 33,000 cornea transplants numerous professional organizations, including his community a better place in which to live

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MR8.066 E13PT1 E470 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2003 and work. The individual of whom I am speak- disruptions and cutting our oil and gas import Despite the hardships and trauma caused ing is Ahmad Rateb Olomi. He was unexpect- dependence. by the ongoing Turkish occupation, Cyprus edly and tragically taken in an airplane acci- The tax incentives are based totally on en- has registered remarkable economic growth, dent over the Arabian Sea on Monday, Feb- ergy performance, achieving two critical goals: and the people living in the Government-con- ruary 24, 2003, at the age of 45. It assures that projected energy savings will trolled areas enjoy one of the world’s highest Mr. Olomi was born in Afghanistan, and be achieved; and it encourages vigorous com- standards of living. The latest success is the earned a bachelor’s degree in Civil Engineer- petition and innovation in the marketplace, re- European Council’s invitation to Cyprus to be- ing from the University of Engineering and ducing the cost of energy efficiency. come one of the ten new Member States of Technology in Lahore, Pakistan. He moved to Within 10 years, the EFFECT Act could the European Union. Sadly, the people living the United States in 1980. He was hired by produce power savings of 110 gigawatts—the in the occupied area continue to be mired in Orange County in 1984 and shortly thereafter equivalent of 275 400 megawatt power plants. poverty. We had hoped that a united Cyrus became a naturalized United States citizen. The cost savings could be over $30 billion an- would join EU. He worked his way up from Engineering Tech- nually. Right now the effect would stimulate Instead, we are faced with failure. Failure nician to the position of Senior Civil Engineer. the use of existing, off-the-shelf technology because Mr. Rauf Denktash has denied Turk- Some of the more notable projects he worked that can cost-effectively reduce energy use by ish Cypriots the opportunity to determine their on were Seven Oaks Dam, the Santa Ana 50 percent for existing buildings. This would own future and to vote in a referendum which River Mainstem Project, and the Laguna Can- result in nearly a 6 percent reduction in air would have likely lead to a solution of the Cy- yon Road State Route 133 realignment. Over pollution emissions over the next 10 years— prus problem. Despite my concerns and disappointment, I his 19 years of service to Orange County, Mr. equivalent to taking 40 percent of our auto- appreciate the comments of President Olomi developed himself into one of the Coun- mobiles off the road—and save American Papadopolus who has stated that the Greek ty’s most talented and valued professionals. homeowners billions of dollars each year in Cypriot side will ‘‘continue the efforts for In addition to his love for the United States energy costs. reaching a solution to the Cyprus question and his community, he never forgot his origi- This bill is supported by a coalition of envi- both before and after Cyprus joins the EU.’’ nal homeland. On the day of the tragedy, Mr. ronmentalists and industries, and as shown by I urge the government of Turkey to take Olomi was on a 6-month leave of absence the latest Gallup Poll, the American people. In constructive steps for resolving the Cyprus from the County of Orange traveling with the that poll, 60 percent agreed that the United problem. And I urge the Administration to con- Afghan Minister of Mines and Industries to States should emphasize greater conservation tinue with its efforts to persuade Turkey and help with the rebuilding of Afghanistan, and by consumers of existing energy supplies, the Turkish-Cypriot leader to work within the the construction of a transnational pipeline while 29 percent supported production of more UN process to end the division of Cyprus. project that would pump natural gas and oil oil, gas and coal supplies as the solution. At a time when tensions are rising around from Turkmenistan across Afghanistan and This bill demonstrates the extraordinary the world, we must seize every opportunity to into Pakistan. power of energy conservation to reduce the achieve peace and stability. Mr. Olomi was also a dedicated family man. need for wasteful, inefficient, and capital inten- f He is survived by his wife Roya and children, sive energy projects. There is no other Fed- Yusef and Sahar. He is remembered by his eral policy proposal that has the potential to A TRIBUTE TO PASTOR JEAN family and friends as a man admired for his in- save this much energy and peak power or to BURCH, 29TH CONGRESSIONAL tegrity, honesty, intelligence and selfless com- help the economy so much for so little cost. I DISTRICT WOMAN OF THE mitment to others. My thoughts and prayers urge my colleagues to join the original co- YEAR—2003 go out to them for their loss. sponsors in passing this bill. Mr. Speaker, looking back at Mr. Olomi’s f HON. ADAM B. SCHIFF life, we see a man dedicated to his family, OF CALIFORNIA community, adopted country and original PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES homeland—an American and Afghani whose Thursday, March 13, 2003 service led to the betterment of those who had HON. JOHN E. SWEENEY Mr. SCHIFF. Mr. Speaker, I rise today to the privilege to come in contact or work with OF NEW YORK honor Women’s History Month. Each year, we him. Honoring Mr. Olomi’s memory is the least IN THE HOUSE OF REPRESENTATIVES pay special tribute to the accomplishments we can do today for all that he gave over his Thursday, March 13, 2003 made by our nation’s most distinguished lifetime. women during the month of March. It is my f Mr. SWEENEY. Mr. Speaker, on March 4, great honor to recognize extraordinary women 2003, I missed rollcall vote No. 42. If I had INTRODUCTION OF EFFICIENT EN- who are making a difference in my district. been present I would have voted ‘‘yes.’’ I stand today, to recognize an outstanding ERGY THROUGH CERTIFIED f TECHNOLOGIES (EFFECT) ACT OF woman of California’s 29th Congressional Dis- 2003 CYPRUS trict. Pastor Jean Burch of Pasadena, Cali- fornia, has been pivotal in the social and reli- gious vitality of our community and I wish to HON. EDWARD J. MARKEY HON. CAROLYN B. MALONEY salute her efforts today. OF MASSACHUSETTS OF NEW YORK Raised in Pasadena, she attended Pasa- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES dena City College, continuing her journey into Thursday, March 13, 2003 Thursday, March 13, 2003 higher education at Biola University where she earned her Bachelor of Arts Degree in Organi- Mr. MARKEY. Mr. Speaker, today I am Mrs. MALONEY. Mr. Speaker, I am deeply zational Leadership with an emphasis in Bib- pleased to join Reps. CUNNINGHAM, CRANE disappointed by the failure of the recent talks lical Studies. and MATSUI in introducing the Efficient Energy between the President of the Republic of Cy- Pastor Burch had a successful twenty-year through Certified Technologies (EFFECT) Act prus, Tassos Papadopolous and Turkish Cyp- career within the legal profession. In March of 2003. This bill provides tax incentives to riot leader, Rauf Denktash, which ended yes- 2000, she left the legal profession to become make both new and existing buildings more terday without an agreement due to the intran- the Senior Pastor of Community Baptist energy efficient. These incentives are work- sigence of Mr. Denktash. Church in Pasadena. Her religious career able, verifiable and will promote market trans- We have observed years of intense negotia- began in the early 1970s under the leadership formation, stimulating the market for energy tions between the Greek and Turkish Cypriot of Dr. Reverend Coy Turrentine, the late efficient technology and services. communities and were hopeful that this round Bishop James E. Henry and as Assistant Pas- Building construction and operation rep- would end in success. As you know, in 1974, tor for her father, Pastor Emeritus John W. resents 15 percent of Gross National Product Turkey invaded Cyprus, and to this day con- Burch at Community Baptist Church. In addi- and buildings consume 35 percent of the Na- tinues to maintain an estimated 35,000 heavily tion, she served as an instructor at the South- tion’s primary energy budget—almost twice as armed troops in Cyprus. Nearly 200,000 ern California School of Ministry, teaching a much as cars. This bill would stimulate the Greek Cypriots, who fell victim to a policy of course entitled ‘‘Women in Ministry.’’ economy while decreasing energy consump- ethnic cleansing, were forcibly evicted from A natural leader, she has been extensively tion. It would improve our national energy se- their homes and became refugees in their own involved in many community, civic, and reli- curity by reducing vulnerability to transmission country. gious organizations. Some of the boards she

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MR8.071 E13PT1 March 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E471 has served on include the National Associa- overlooked by some in your Administration. alleviation of the impending famines in tion for Law Placement, the Los Angeles As- We do not advocate a weak America; unable southern Africa, or to provide clean drinking sociation of Legal Recruitment Directors and to defend the innocent from rapacious tyr- water to enhance the health of hundreds of anny of attack, but a strong America must thousands of poor, defenseless men, women the Pasadena Public Library Association. Cur- examine itself before setting off to war. and children throughout that continent. rently she is a board member of the Ecumeni- Moreover, Mr. President, we must confess These resources could also be productively cal Council of Pasadena Area Churches and that we fail to see the rush to war as a ra- directed toward providing treatment and Northwest Pasadena Development Corpora- tional expression of the compassionate con- prevention services for those afflicted by the tion. Along with other faith leaders and the Co- servatism that you promised the country at HIV/AIDS holocaust in Africa, the United alition for Zero Violence, Pastor Burch partici- the beginning of your Administration. States and other countries around the world. Sovereigns in antiquity and national lead- Not to forget the blight and ravages of eco- pates in a united effort to end violence in the ers today, especially those who identify with Pasadena Unified School District. Her church, nomic depression in Appalachia and the the Christian heritage, are expected to ex- inner cities of America. Community Baptist, is the faith-based partner amine their war aims, strategy and tactics As those who are representative of the for Community Arms and Kings Villages af- in light of these moral principles to deter- many churches that serve the spiritual and fordable housing properties. mine if war should be pursued, and if so, to social needs of millions of Blacks and other Pastor Jean, as she is affectionately called, determine how these can be pursued in as hu- ethnicities in America, we humbly ask your is beloved and respected by the entire com- mane a manner as possible towards all par- Administration to stay the hands of war and munity. She is the proud mother of Leya ties to a conflict. Failure to satisfy these cri- vengeance and instead yield to the rule of teria renders the war aims, strategies and law and the inherent disposition toward Douglas, a member of her ministry team, and tactics, at a minimum, morally suspect and a grandmother to Kyley Douglas, born in Jan- peace that is central to America’s Christian perhaps morally unacceptable in the eyes of heritage. We call upon your decision makers uary 2003. the Church universal and under the gaze of a to reflect upon the inspired Biblical witness I ask all Members of Congress to join me just and Holy God. of the Apostle James: We note the rising voices from all parts of today in honoring a remarkable woman of ‘‘What causes fights and quarrels among America pleading for restraint, reflection California’s 29th Congressional District, Pastor you? Don’t they come from your desires that and prudence in considering war against Jean Burch. The entire community joins me in battle within you? You want something but Iraq. Notable conservatives from your own you don’t get it. You kill and covet, but you thanking Pastor Burch for her continued efforts party with significant prior foreign policy cannot have what you want. You quarrel and to make the 29th Congressional District a experiences, such as Brent Scowcroft and fight. You do not have because you do not more vibrant and enjoyable place in which to Lawrence S. Eagleburger, have counseled ask God. When you ask, you do not receive, against this war. This is especially true in live. because you ask with wrong motives, that f the absence of an actual attack, or evidence of preparation for it against the United you may spend what you get on your pleas- RECOGNIZING THE LEADERS OF States that could be put forth for public re- ures.’’ (Saint James 4:1–3) view. Surely our nation and its leaders can ex- CHURCH OF GOD IN CHRIST FOR amine their own intentions in light of Holy THEIR LETTER TO PRESIDENT We also note the similar wise counsel against the rush to war from your own Sec- Scripture before setting their feet upon the BUSH EXPRESSING GRAVE CON- retary of State, General Colin L. Powell, a blood-soaked path of war, whose ultimate CERN ABOUT A POSSIBLE PRE- soldier’s soldier himself. Noteworthy also is outcome is known with certainty only by the EMPTIVE ATTACK ON IRAQ the recent letter from CIA Director George Maker of us all. Tenet to the House and Senate Intelligence We pledge to pray for you and your Admin- Committees warning of the grave dangers to istration, that you might encounter the Di- HON. BARBARA LEE the United States of domestic terrorism if vine Wisdom in this matter. OF CALIFORNIA war is waged against Iraq. In Christ, IN THE HOUSE OF REPRESENTATIVES We would agree that Iraq’s President, Sad- G.E. PATTERSON, Presiding Bishop. Thursday, March 13, 2003 dam Hussein, has demonstrated aggression against his neighbors in the past, some of f Ms. LEE. Mr. Speaker, I rise today to recog- which was unopposed by the United States nize and commend the predominantly Black government. We would also agree that if Iraq IN HONOR OF MAYOR ‘‘W’’ PETE clergy, intellectual and informed laypersons of possessed weapons of mass destruction this WISNIESKI the community-serving Church of God in would be a matter of grave concern. In this regard, we believe that the United States’ in- Christ for their letter to President Bush regard- terests are best served by using the existing HON. DENNIS J. KUCINICH ing a possible preemptive attack on Iraq. I sin- mechanisms of international law, collabora- OF OHIO cerely hope that ever Member of the House tion and consultation with our allies and the IN THE HOUSE OF REPRESENTATIVES and every American will give serious thought use of existing United Nations resolutions to to the points raised in this moving and support the work of weapons inspectors so Thursday, March 13, 2003 thoughtful letter. they may detect and destroy any weapons of Mr. KUCINICH. Mr. Speaker, I rise today in Mr. Speaker, at this point I wish to insert the mass destruction found in Iraq. honor and recognition of Mayor ‘‘W’’ Pete However, we do not find any moral jus- letter into the RECORD. tification for a pre-emptive strike in the ab- Wisnieski—Dedicated family man, accom- CHURCH OF GOD IN CHRIST, INC., sence of an attack, or real threat of an at- plished community leader, and admired friend Memphis, TN, January 23, 2003. tack, upon the United States. A military and mentor to countless. Mayor Wisnieski’s Hon. GEORGE W. BUSH, strike of this nature puts the United States foresight, integrity and leadership led the City President, The White House, in the posture of aggressive warfare, not de- of Independence through an amazing evo- Washington, DC. fense, which is precisely the behavior that DEAR PRESIDENT BUSH: We write to you as lution—from a sleepy rural village to a thriving, we, and your Administration, deplore in the viable and family-friendly City—all without predominantly Black clergy, intellectuals Iraqi regime. and informed laypersons of community-serv- We recall the moral witness of the Rev- compromising the city’s small-town charm. ing churches of the Church Of God In Christ, erend Dr. Martin Luther King, Jr., forty Mayor Wisnieski was born and raised in to address matters of the deepest gravity, years ago when the United States launched Independence, and continues his life-long namely, that of war and peace, as presented its military excursion into Southeast Asia commitment to the City. Soon after graduating by your statements and those of Vice Presi- without significant prior public debate. In with honors from Independence High School, dent Richard B. Cheney and Secretary of De- retrospect, had the American people been Mayor Wisnieski became operator of the Inde- fense Donald H. Rumsfeld concerning a pre- able to engage in a free public debate on the pendence Ford Garage, and began raising his emptive attack upon Iraq. military aims and process, tens of thousands We are mindful that war, should it come to of lives on all sides of the conflict might family. Together, Mayor Wisnieski and his wife pass, will directly affect the safety and well- have been spared. of 64 years, Marge, raised five children, and being of tens of thousands of our fellow citi- As Church leaders, we painfully remember are blessed with many grandchildren. zens in the Armed Forces, of whom signifi- that while Blacks were struggling to secure Mayor Wisnieski has demonstrated a life- cant numbers are ethnic minorities in the full civil rights in the American South, our long commitment to serving the residents of enlisted as well as officers and non-commis- youth were sent off to fight and die in an his hometown, following the path of his father, sioned ranks. undeclared war whose military and political Frank Wisnieski. Frank was elected to serve Our thoughts also extend to the safety and objectives were unclear. We do not wish to well-being of Iraqi civilians who have not see more young Americans die in a new war as the first Mayor of the Township of Inde- lifted a hand against the United States. We whose goals are ill-defined. pendence, and served in that capacity for six- are deeply concerned that critical moral re- Money spent on war to destroy lives could teen years. Instilled with the ideals of public flection on the prospects of war has been instead be used to save lives by financing the service from his parents, Mayor Wisnieski

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MR8.075 E13PT1 E472 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2003 began his journey of public service in 1956, Through Certified Technologies, EFFECT, Act under this program. These Americans are when he won his first bid as Mayor of the Vil- of 2003. I am joined in this effort by a sub- proud to provide the Federal Government and lage of Independence. stantial and diverse coalition of my colleagues the U.S. Military with a wide array of Mayor Wisnieski served Independence as including Mr. MARKEY of Massachusetts, Mr. SKILCRAFT brand and other program prod- mayor for twenty-two years, bringing a sense CRANE of Illinois, Mr. MATSUI of California, as ucts and services. The Program prides itself of fairness, integrity and kindness to the office. well as Senator SNOWE of Maine and Senator on delivering high-quality products and serv- During his leadership, the City flourished. He FEINSTEIN of California. This bill is supported ices at competitive prices in the most conven- led the effort in commercial growth along by a strong coalition of industries and organi- ient way possible. Rockside and Pleasant Valley Roads. This zations. The Javits-Wagner-O’Day Program includes, vital development provided a sound tax base, In the 1990s, San Diego alone experienced among other things, the following product cat- which translated into superior city services and a 10.2 percent increase in population. This egories: office supply, military-specific, safety, low property taxes for all residents. number is expected to rise even further in the maintenance, repair, medical-surgical, jani- And years before public officials became en- next ten years. With such a significant rise in torial-sanitation, and customization. The serv- vironmentally enlightened, Mayor Wisnieski population, comes the need for additional ices that are provided to federal and military understood the significant and delicate bal- housing. Congressman MARKEY and I have customers include, but are not limited to, call ance between progress and preservation. It created legislation that would give builders center and switchboard operation, military was Mayor Wisnieski who led the effort to pre- and consumers a reason to construct housing base and federal office building supply cen- serve nearly fifteen acres of green space in and purchase equipment that not only saves ters, CD–ROM duplication-replication, data the heart of Independence, known for decades the consumer money in the long run, but also entry, document imaging and grounds care. as Elmwood Park. Because of his leadership helps save energy. This legislation offers tax I rise today in support of the Javits-Wagner- and vision, this beautiful tree-lined park con- incentives to encourage the production and O’Day Program and the opportunities it pro- tinues to provide recreational enjoyment to sale of technologically advanced, energy-effi- vides for an underemployed population of thousands of residents, young and old, every cient buildings and equipment. hard-working Americans. Sales of these prod- year, in the form of swimming, baseball, soc- My constituents in San Diego suffered ucts and services are enabling more disabled cer, fishing, and tennis, strolling, and biking. through the Energy Crisis during the summer Americans to have the opportunity to become Additionally, Mayor Wisnieski’s concern for of 2001. The aftershocks of the rolling black- full members of society, including paying into the safety of all residents led to the construc- outs and outrageously high energy prices are the tax base rather than taking from it. Today tion of new fire and police complexes with ad- still being felt. While my colleagues from San in Winston-Salem, North Carolina, 127 blind ditional staff to accommodate any medical or Diego and I are still seeking ways to prevent Americans are employed under the Program, safety emergency—twenty-four hours a day, this terrible crisis from happening again, I am and are producing quality items and services seven days a week. introducing this bill in an effort to formulate a for federal customers. Mayor Wisnieski has always been a cham- long-term energy plan. The Javits-Wagner-O’Day Program is ad- pion of community volunteerism and helping Buildings account for over $250 billion of ministered by the Committee for Purchase others. He is a founding charter member of energy use annually, more than half of peak from People Who Are Blind or Severely Dis- the Kiwanis Club of Independence, and found- electric demand, and 35 percent of air pollu- abled (appointed by the President), with much ing member of the Independence Historical tion emissions. Tax incentives for buildings assistance from National Industries for the Society. and their major equipment can reduce energy Blind, NIB, and NISH, which serves people Remarkably, throughout all of his excep- use anywhere from 30 percent to 50 percent, with a wide range of disabilities. More than tional accomplishments, Mayor Wisnieski re- and help to improve air quality. The incentives 650 local nonprofit agencies associated with mains today as he always has been—humble, will reduce peak power demand, which can NIB and NISH employ people who are blind or gentle, and kind—always willing to offer a diffuse the risk of blackouts and high electricity disabled to produce the products and offer the smile, friendly word, or helping hand. Mayor prices. Peak power shortages cost California services authorized for sale to the federal gov- Wisnieski continues to exude a genuine love $15 billion in 2000 alone. ernment under the Program. and concern for all people, and he extends to This legislation is performance based, not The Javits-Wagner-O’Day Program is a everyone the same warmth and respect, re- cost based. One dollar of federal tax incen- great illustration of a successful partnership, a gardless of their title or social status. tives for energy efficiency offered today will partnership that has the ability to grow with Mr Speaker and Colleagues, please join me not be paid until January-April 2004, but man- the changing procurement environment within in honor, gratitude and recognition of ‘‘W’’ ufacturers will respond to the incentives by in- the federal government. Pete Wisnieski, former Mayor of Independ- vesting in production facilities for more effi- f ence. Mayor Wisnieski’s hard work, insight, cient products immediately. and dedication to his community have served The legislation is structured to promote the EDITORIAL BY LT. COL. CRAIG to uplift and improve every facet of the City of creation of competitive markets for new tech- MAYER Independence, and set a strong foundation for nologies and designs that are not widely avail- future ideas, projects and growth. Mayor able today, but have the possibility of being HON. BILL SHUSTER Wisnieski combined heart with grit while in of- cost effective to the consumer in the future. OF PENNSYLVANIA fice, and continues to be the finest example of Please join me in supporting the EFFECT IN THE HOUSE OF REPRESENTATIVES a citizen, leader, husband, father, grandfather, Act which will provide for a cleaner environ- neighbor and friend. Mayor Wisnieski has ment and help reduce energy needs, thus Thursday, March 13, 2003 earned the admiration and respect of the en- postponing the need for building new power Mr. SHUSTER. Mr. Speaker, I rise today to tire Independence community, as well as the plants as well as helping to save our environ- bring to my colleagues’ attention an editorial entire Greater Cleveland community and be- ment. written by Lieutenant Colonel Craig Mayer yond. ‘‘Where after all, do universal human f (ret.) of Bedford, Pennsylvania. Lt. Col. Mayer rights begin? In small places, close to is a former U.S. Department of Defense atta- THE JAVITS-WAGNER O’DAY home.’’—Eleanor Roosevelt. che and served as a member of the United PROGRAM WORKS FOR AMERICA f States Marines during the Vietnam War. On March 7, 2003 Colonel Mayer wrote an elo- THE CUNNINGHAM/MARKEY EFFI- HON. RICHARD BURR quent editorial that describes not only his re- CIENT ENERGY THROUGH CER- OF NORTH CAROLINA flections of war, but also made a compelling TIFIED TECHNOLOGIES ACT OF IN THE HOUSE OF REPRESENTATIVES case in support of military action against Sad- 2003 Thursday, March 13, 2003 dam Hussein. I urge my colleagues to keep the following article in mind as the debate con- HON. RANDY ‘‘DUKE’’ CUNNINGHAM Mr. BURR. Mr. Speaker, for the past 64 cerning Iraq continues; years the Javits-Wagner-O’Day Program has OF CALIFORNIA When I think of America going to war with IN THE HOUSE OF REPRESENTATIVES empowered Americans who are blind or se- Iraq, what comes to mind first is the dis- verely disabled by providing them with a di- Thursday, March 13, 2003 tinct, sickeningly sweet smell and the fell of verse set of employment opportunities. Today, dark, sticky blood as I helped drag a horribly Mr. CUNNINGHAM. Mr. Speaker, I rise 38,000 disabled Americans are realizing their wounded young Marine to a medevac heli- today to introduce the Efficient Energy potential by working in their local communities copter. And the memory of picking up the

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MR8.080 E13PT1 March 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E473 young Marine’s boot—most of his lower leg The stakes in this encounter are quite high— organized crime, the scourge of so many de- still in it—and tossing it into the helicopter. perhaps more so than at anytime in the past mocratizing states. Without political leaders It’s the odor of gunpowder and sweat, half century. If the power adverse pro- commited not only to the ideals of democracy, screams of agony, a green jungle haze, the ponents prevail, it will weaken their security confusing noise of whirling helicopter blades, and severely undermine the effectiveness of but also to a basic foundation of justice, a free Viet Cong machine gun fire, and gasping, the U.N. Security Council and NATO—para- society cannot flourish. Prime Minister Djindjic wide-eyed men. doxically, the very institutions they hope to was a prime example of just such a political I suffer no illusions about the real costs of rely on. If they prevail, global security deci- leader—one that Serbia-Montenegro, and the war and have no impulse to go fight again or sions will be thrown into forums and proc- world, needs more of. send others into the hellish experience I sur- esses that promise little more than delay, Yesterday was truly a sad day for democ- vived in Vietnam. equivocation, indecision, and paralysis. racy, one of its champions fell; but we cannot Why then should we indulge this obscenity Something the world cannot afford in the let the crimes of a few undue the good of life- again with Iraq? What is at stake? And is it face of immediate threats and mounting dan- time devoted to freedom. Although the world worth the sacrifice? gers. At the same time, France, Germany, The debate on the impending war is more, and Russia are not our enemies—they are has lost Zoran Djindjic, we must all make sure much more, about power and competing simply wrong. It is not time for their view to that his dream lives on. worldviews—within America and within the prevail and if history is a teacher that time f community of nations—than it is or ever was will probably never come. about Saddam’s threats and misadventures. The young Marine that I helped drag to a RECOGNIZING THE LEADERS OF The issue is not really about inspections, helicopter 34 years ago died a few hours after CHURCH OF GOD IN CHRIST FOR adequate justification, sham cooperation, or he was wounded. Our company commander THEIR LETTER TO PRESIDENT any sincere belief that Saddam Hussein will wrote a letter to his parents. The family was BUSH REGARDING AFFIRMATIVE ever willingly disarm, the debate is about presented a purple heart and their son’s ACTION the constraint of American power. name was chiseled into the marble monu- Iraq is the stage for a test of those ment in Washington. worldviews. In the impending war dying is at stake, HON. BARBARA LEE One view seeks to avoid the use of military suffering is at stake, and misery for loved OF CALIFORNIA power to bring about the rule of law and in- ones left behind is at stake. It is obscene. IN THE HOUSE OF REPRESENTATIVES stead relies on persuasion, negotiation, co- But the harsh reality is that we live in an Thursday, March 13, 2003 operation, and international institutions. It anarchic world of walls and the security and rationalizes and tolerates threats because its defense of a progressive, stable world order Ms. LEE. Mr. Speaker, I rise today to ac- proponents really can’t do anything about depends on military might and this is one of knowledge and commend the leaders of the them. This view is borne of decades of global the roles we play. I know that these words community-serving Church of God in Christ on security and prosperity provided by the provide little solace for the parents of a their poignant and powerful letter to President United States. It is a view grounded in stra- young Marine we lost years ago. I know that Bush regarding Affirmative Action. I encourage tegic weakness. they will not fill the voids in our lives we The competing view, the American power my colleagues here in the House and all now feel and that might be created in the Americans to read this important letter. view, looks to military power along with the days and weeks ahead. I only hope that they means and willingness to use it as essential might help. Mr. Speaker, at this point I wish to insert the for a state of security to create peaceful so- If I thought the impending War with Iraq letter into the RECORD. lutions and the rule of law to govern and was a contemporary Vietnam, an ill-con- CHURCH OF GOD IN CHRIST, INC., grow. It sees international forums and proc- ceived and misunderstood venture, I would Memphis, TN, January 23, 2003. esses as less than reliable. It perceives risks be one of the first to object. It isn’t, and I do Hon. GEORGE W. BUSH, President, differently and is less willing to tolerate not object. The White House, threats because it can do something about Washington, DC. them. It is a position grounded in strategic f DEAR PRESIDENT BUSH: We write to you as strength. IN REMEMBRANCE OF ZORAN the leaders of the community-serving Church Of God In Christ on the matter of Affirma- These opposing views are now colliding. DJINDJIC Both views desire the rule of law and peace- tive Action and the recent actions of your ful solutions to international problems, but Administration toward millions of Blacks in their means are at odds. HON. CURT WELDON America seeking equal opportunity and par- Those nations and people of the power ad- OF PENNSYLVANIA ticipation in the economic, cultural and po- verse view will encounter and confront us litical life of the nation. IN THE HOUSE OF REPRESENTATIVES simply because we are the only power on the We are deeply disappointed in the actions world stage with the means to shape and ef- Thursday, March 13, 2003 of your Administration regarding the legal fect global security. Only by constraining Mr. WELDON of Pennsylvania. Mr. Speaker, briefs that your Justice Department sub- American power can they gain a relative ad- mitted to the Supreme Court opposing equal vantage and advance or validate their view. I wish to express my sincere condolences opportunity for Blacks in the form of Affirm- Since the end of World War II, Europe and both to the family of Prime Minister Zoran ative Action as practiced by the University much of the rest of the world has depended Djindjic and to the nation of Serbia-Monte- of Michigan. on and has been responsive to American negro. His assassination cannot be allowed to We note that the Republican Party has in power and our ability to globally project stop the process of democracy and reform recent years failed to speak with a unified that power—be it in economic or military that Mr. Djindjic promised. voice in favor of redressing the grave effects terms. Our power is now enormous and un- The world mourns the loss of a true demo- of the historic wrongs committed against Af- precedented in world history. crat and lover of freedom; having dedicated rican-Americans in this country, which con- Adherents of the power adverse view, most tinue to reduce and constrain the life oppor- notably France, Germany, and less so Rus- his life to these ideals, Mr. Djindjic was willing tunities of their descendants. Despite the sia, have chosen the Iraq crisis and the fo- to risk everything to bring freedom to his past strong leadership of Republicans such as rums of the U.N. Security Council and NATO homeland. Both during their time in opposition President Richard M. Nixon, who imple- to confront us. We should not be misled by and after the Democratic Party came to mented robust and vigorous measures in em- their public assertions or how they or their power, a rise in which he played a major role, ployment, minority contracting and univer- supporters would like to frame the inter- Mr. Djindjic stood not only for democracy in sity admissions to wipe away the effects of national debate in the important days ahead. Serbia-Montenegro, but also for justice, as past anti-Black discrimination, we now ob- Behind all their coming challenges to intel- demonstrated by his critical role in bringing serve that since the 1980’s, your party has ligence information, appeals for peace, at- rapidly retreated from the historic Repub- tempts at redefining compliance, pleas for Slobodan Milosevic to justice. lican ideals of equal opportunity and racial delays, excuses for Iraqi resistance, and Prime Minister Djindjic worked tirelessly to justice. bleats about smoking guns is the objective of bring Serbia-Montenegro out of the inter- We see that your Secretary of State, Gen- constraining American power—irrespective national isolation forced upon it by the regime eral Colin Powell, made a strong statement of any concerns about Iraq. This is the cen- of Milosevic. Toward this goal, I met with the supporting intensive ongoing implementa- tral and fundamental objective. Prime Minister in January of this year, and I tion of Affirmative Action. This seems to put There is overwhelming justification for the was quite impressed by both his commitment him at odds with others in your Administra- tion and party, as well as many of your pro- coerced disarmament of Iraq—the justifica- to democracy in Serbia-Montenegro and to tion threshold was passed years ago. posed judicial nominees, on the best way to No greater damage could be done to the making it an integral part of Europe and the redress the continuing exclusion of Blacks maintenance of a stable world order and world. from the economic benefits of American So- global security than to succumb to the in- In order to ensure democracy and justice, ciety. We support Secretary Powell’s posi- stincts and wants of those confronting us. Mr. Djindjic also was a committed opponent of tion and think that other Republicans would

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MR8.083 E13PT1 E474 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2003 do well to follow his lead in standing for Mary’s high level of energy and great enthu- red-handed in a village in Kashmir trying to set strong support of Affirmative Action. siasm for life radiated throughout her every fire to the Sikh Gurdwara and some homes The reason Affirmative Action is needed is endeavor. Her vital work on behalf of my Con- there. Two studies have shown that Indian due to the historic experience of Blacks in America. The experience of Blacks in this gressional campaign raised the spirits of those forces carried out the massacre of 35 Sikhs in country is without analogue and is unique around her, and inspired others to do their Chithisinghpora three years ago this month. due to the nature of American enslavement best. Moreover, Mary’s wonderful sense of Missionary Graham Staines and his two of millions of Blacks during the founding of humor and kind nature consistently served to sons were murdered by being burned to death the republic and thereafter. The political, so- soften even the harshest of personalities. in their jeep while the killers surrounded the cial, cultural and economic effect of racial Mr. Speaker and Colleagues, please join me jeep and chanted ‘‘Victory to Hannuman.’’ Mis- exclusion because of slavery, which contin- in honor and remembrance of Mary Slama— sionary Joseph Cooper was severely beaten ued in the form of Jim Crow laws and cur- Community advocate, and friend and mentor and had to spend a week in the hospital. Then rently operate through more subtle forms of racial prejudice, result in Black Americans to countless, including me. I offer my deepest he was expelled from the country for preach- having a special and unique set of claims for condolences to her beloved husband, Bill; be- ing. The widow of Mr. Staines was also ex- redress by the body politic. loved son and daughter-in-law, Tim and pelled from India. Christian churches have This month you celebrated the legacy of Marilyn; cherished grandchildren Natalie and been burned and schools and prayer halls the Reverend Dr. Martin Luther King, Jr., Patrick, and to her many colleagues and have been violently attacked with impunity. and pledged yourself to renewed efforts to- friends. Her kind nature, journalistic talent and There have been priests murdered and nuns ward equal opportunity. The way to turn ability to connect with others have made our raped. your words into something beyond empty corner of the world a better place. Mary In 1995, Indian police picked up human- rhetoric is to support concrete action to- wards equal opportunity in the form of Af- Slama’s friendship, significant work, and con- rights activist Jaswant Singh Khalra did a firmative Action. Even Dr. King called for cern for our community will be remembered al- study of cremation grounds in Punjab which ‘‘compensatory measures’’ to help Blacks ap- ways. showed that thousands of Sikhs have been proach parity in employment opportunities, f picked up, tortured, murdered, then declared income wealth, entrepreneurship and other ‘‘unidentified’’ and secretly cremated. For his indicators of well being in this country. SPARE THE LIFE OF DEVINDER efforts, Khalra was picked up by the police While we believe that race should not be the PAL SINGH BHULLAR and murdered while in police custody. More only factor in Affirmative Action efforts, we than 52,000 Sikhs sit in jail as political pris- do believe that it is valid to take account of race as a factor when opportunities are dis- HON. DAN BURTON oners without charge or trial. tributed among people in society today. OF INDIANA The time has come to stop our aid to India. With greater effort expended by your Ad- IN THE HOUSE OF REPRESENTATIVES We should also support the self-determination ministration and others yet to come, we look Thursday, March 13, 2003 to which all peoples and nations are entitled. forward to the day when Affirmative Action This is the only way to end atrocities such as will no longer be necessary. That will be Mr. BURTON of Indiana. Mr. Speaker, these and to ensure peace, freedom, stability, when America has finally attained the level Devinder Singh Pal Bhullar faces the death and prosperity in South Asia. of equal opportunity, inclusion and sense of penalty. He should be spared. His pending Mr. Speaker, I would like to place the Coun- beloved community for all citizens. execution shows that the Indian constitution cil of Khalistan’s outstanding press release on The Black community seeks the oppor- only protects the Hindu majority. tunity to be strengthened so that eventually the Bhullar case into the RECORD. Bhullar was accused of being involved in a it can stand upon its own feet, having the ef- DEVINDER PAL SINGH BHULLAR’S LIFE MUST fects of past racial exclusion and discrimina- 1993 bombing near the offices of the Youth BE SPARED tion erased and able to enter into the full- Congress in Delhi. 20 people were killed in MINORITIES ELIMINATED, DIRECTLY OR BY ness of the blessings of America. Your Ad- that blast and Congress leader M.S. Bitta lost COURTS ministration’s active support of the Black a leg. WASHINGTON, DC, Feb. 25, 2003.—The im- community in this matter could be among This might be a justifiable sentence for such pending execution of Devinder Pal Singh the greatest legacies of the party of Lincoln. a crime except for a few small details. Mr. Bhullar shows that the Constitution of India We pledge to pray for you and your admin- Bhullar was found ‘‘not guilty’’ by the presiding only protects the majority Hindu population, istration that you might encounter the Di- according to Dr. Gurmit Singh Aulakh, vine Wisdom in this matter. judge of a three-judge panel from India’s Su- President of the Council of Khalistan, which In Christ, preme Court. The judge directed that he be leads the Sikh struggle for independence G. E. PATTERSON, released. Apparently, that was not acceptable from India. Dr. Aulakh called on the Presi- Presiding Bishop. to the fundamentalist Hindu nationalist regime. dent of India to stop the execution. Bhullar The General Board: C. E. Blake; C. D. So they tortured him to coerce him into sign- Owens; L. E. Willis; J. N. Haynes; P. A. was accused of a 1993 bomb blast near the ing a false confession which was subsequently Youth Congress office in Delhi in which 20 Brooks; G. D. McKinney; W. W. Hamilton; L. retracted. Yet they are executing him on the R. Anderson; N. W. Wells, R. L. H. Winbush; people were killed. Congress leader M.S. S. L. Green, Jr. basis of this forced confession. Bitta lost a leg in that attack. This is offensive to anyone with a sense of The presiding Judge of a three-Judge bench f justice. Mr. Speaker. This is not the way a in the Supreme Court of India found Pro- IN HONOR AND REMEMBRANCE OF democratic country does things. It is how fessor Bhullar, a political activist, ‘‘Not MARY SLAMA criminal cases are handled in such models of Guilty’’ and directed that he be released. However, Professor Bhullar was convicted democracy as Red China and Iraq. Mean- based on a forced confession obtained HON. DENNIS J. KUCINICH while, Sajjan Kumar and H.K.L. Bhagat, the through torture, which was retracted. On OF OHIO officials responsible for inciting the murders of that basis India wants to impose capital pun- IN THE HOUSE OF REPRESENTATIVES thousands of Sikhs in Delhi, have never been ishment on Professor Bhullar. Sajjan Kumar brought to justice. and H.K.L. Bhagat, who personally incited Thursday, March 13, 2003 Unfortunately, this is typical of how India the murder of thousands of Sikhs in Delhi, Mr. KUCINICH. Mr. Speaker, I rise today in treats its minorities. Last year in Gujarat 2,000 go off scot-free without any punishment. honor and remembrance of Mary Slama—Be- to 5,000 Muslims were murdered by militant Even by Indian standards, this is an out- rageous miscarriage of justice. loved wife, cherished mother and grand- Hindu nationalists while police, under orders, ‘‘The Bhullar case is merely the latest ex- mother, and friend and mentor to many. stood by and did nothing. No one has been ample of how India eliminates minorities,’’ Mary leaves behind a legacy of profes- punished for this atrocity. Now police in Guja- said Dr. Aulakh. Indian police arrested sionalism, volunteerism, journalistic talent, and rat are demanding very intrusive information human-rights activist Jaswant Singh Khalra sincere concern for her community. Driven by about Christians there. Meanwhile, two states after he exposed their policy of mass crema- a passion for learning and personal growth, have enacted laws prohibiting religious con- tion of Sikhs, in which over 50,000 Sikhs have Mary attained a Bachelor’s degree and later a versions—except to Hinduism, of course. been picked up, tortured, and killed, then Master’s degree in English. She led the West Police have murdered over a quarter of a their bodies are declared unidentified and se- cretly cremated. Then Mr. Khalra was mur- Life newspaper as reporter, then editor, with million Sikhs, over 200,000 Christians in dered in police custody. His body was not fairness, accuracy, wit and heart. Mary kept Nagaland, over 85,000 Muslims in Kashmir, given to his family. Similarly, the police west side readers well informed and updated and tens of thousands of Assamese, Bodos, murdered former Jathedar of the Akal Takht on news stories ranging from local community Dalit ‘‘untouchables,’’ Manipuris, Tamils, and Gurdev Singh Kaunke. His body was not and political news to human interest stories. other minorities. Indian forces were caught handed over to his family.

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MR8.087 E13PT1 March 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E475 Last spring the Indian police stood aside man in the Navy, Milton Allen taught other WORKFORCE REINVESTMENT AND under orders while militant Hindus murdered young men of color the skills that would allow ADULT EDUCATION ACT OF 2003 2,000 to 5,000 Muslims in Gujarat. Australian them to advance in their military careers—this missionary Graham Staines was murdered a during a time when no men of color could ad- few years ago by VHP activists. Staines and HON. HOWARD P. ‘‘BUCK’’ McKEON vance past that of seaman. As a lawyer, he his two young sons were burned to death OF CALIFORNIA while they slept in their jeep. Their killers taught thousands of his neighbors how to find IN THE HOUSE OF REPRESENTATIVES surrounded the jeep and chanted ‘‘Victory to a path to justice within the arcane corridors of Hannuman,’’ a Hindu god. After the murder, the law. Thursday, March 13, 2003 Staines’ widow, who was working with lep- As Baltimore City’s first African American ers, was expelled from India. No one was ever State’s Attorney—the first Black prosecutor in Mr. MCKEON. Mr. Speaker, today, I am in- punished for these atrocities. Nuns have been any major American city—Milton Allen taught troducing the Workforce Reinvestment and raped, priests have been murdered, and our community that the pursuit of justice could, Adult Education Act of 2003 to reauthorize the Christian churches have been burned by the indeed, be ‘‘color-blind.’’ He sued the city to nation’s job training system, as well as adult fanatic, fundamentalist Hindu nationalist education and vocational rehabilitation pro- militants. desegregate ‘‘public’’ tennis courts and de- fended people who lost their jobs for attending grams. This legislation builds upon and im- ‘‘It is clear from these actions that India is proves the systems created in the Workforce not the democracy it claims to be,’’ said Dr. public meetings where speakers included Investment Act of 1998. We have worked Aulakh. ‘‘Instead it is a tyrannical Hindu communist sympathizers, as he believed that theocracy where minorities die or dis- free speech should be protected in America. closely with the Administration to craft legisla- appear,’’ he said. ‘‘There is a consistent pat- He also sued the state to open ‘‘public’’ col- tion to continue to empower individuals in im- tern of Indian government efforts to protect leges to blacks. proving their careers. its tyrannical rule over the minorities of Later in life as a judge on what would later In 1998, under the Education and the Work- South Asia.’’ become Baltimore’s Circuit Court, Milton Allen force Committee’s leadership, Congress The Indian government has murdered over passed the Workforce Investment Act to re- 250,000 Sikhs since 1984, more than 200,000 helped many of the City’s troubled youth by Christians since 1948, over 85,000 muslims in giving through his seasoned advice as a fam- form the nation’s job training system that for- Kashmir since 1988, and tens of thousands of ily court judge. merly was fragmented, contained overlapping Tamils, Assamese, Manipuris, Dalits (the ab- Mr. Speaker, I had the opportunity to work programs, and did not serve either job seekers original people of the subcontinent), and oth- for Milton Allen after he had lost his re-election or employers well. WIA consolidated and inte- ers. More than 52,000 Sikhs are being held as bid for State’s Attorney. He had joined the law grated employment and training services at political prisoners. The Indian Supreme firm of Mitchell, Allen and Lee, and I served as the local level in a more unified workforce de- Court called the Indian government’s mur- the firm’s law clerk. Mr. Speaker, Milton Allen, velopment system. Local, business-led work- ders of Sikhs ‘‘worse than a genocide.’’ On force investment boards direct the activities of October 7, 1987, the Sikh Nation declared the although always busy and always blazing a independence of its homeland, Punjab, trail for righteousness, always found time to the system. Khalistan. No Sikh representative has ever stop to engage even strangers in meaningful One of the hallmarks of the new system is signed the Indian constitution. The Council conversation. He was always giving helpful that, in order to encourage the development of of Khalistan is the government pro tempore advice. comprehensive systems that improve services of Khalistan, the Sikh homeland. The Sikh In fact, the advice and counsel that I re- to both employers and job seekers, local serv- Nation demands freedom for its homeland, ceived from Milton Allen went far beyond his ices are provided through a one-stop delivery Khalistan. contribution to the skills that made me a more system. At the one-stop centers, assistance ‘‘Only in a free and sovereign Khalistan ranges from core services such as job search will the Sikh Nation prosper. In a democ- capable attorney. Judge Allen taught young racy, the right to self-determination is the lawyers like me that our calling demanded and placement assistance, access to job list- sine qua non and India should allow a plebi- constant devotion to integrity. ings, and an initial assessment of skills and scite for the freedom of the Sikh Nation and And Mr. Speaker, Judge Allen exemplified needs; intensive services such as comprehen- all the nations of South Asia,’’ Dr. Aulakh integrity. As Dr. Stephen Carter once ob- sive assessments and case management; said. served: and, if needed, occupational skills training. f Persons of integrity know the difference The WIA system contains the federal gov- between what is right and what is wrong. ernment’s primary programs for investment in RECOGNIZING THE CONTRIBU- They stand up for what is right—even when our nation’s workforce preparation. Even TIONS OF THE HONORABLE MIL- that stand may place them in jeopardy. Per- though the system is still maturing since its full TON B. ALLEN sons of integrity persevere and lead—until the rest of the world catches on and catches implementation in July 2000, States and local HON. ELIJAH E. CUMMINGS up. And they are not afraid to proclaim their areas have created comprehensive services vision of what is right—so others can follow and effective one-stop delivery systems. The OF MARYLAND in their steps. system is serving the needs of unemployed IN THE HOUSE OF REPRESENTATIVES Dr. Carter could have been writing about my workers seeking new jobs in this time of eco- Thursday, March 13, 2003 friend—and teacher—Judge Milton B. Allen. nomic recovery. In addition, the training serv- Mr. CUMMINGS. Mr. Speaker, today I rise Judge Allen devoted his life to planting the ices provided through WIA are invaluable in to pay respect to the life of a great man who seeds of justice within the human spirit. He helping employers find the workers they need passed away—my friend and mentor, the Hon- taught us that, in a free society, the seeds of in areas of the country facing skill shortages. orable Milton B. Allen. Mr. Speaker, I rise justice can take hold and grow. Nonetheless, there have been challenges today to ask my colleagues to join me in re- Mr. Speaker—most important of all—Milton with the system. There is a need to increase membering the life of a brilliant man, the Hon- Allen taught my community that justice grows the financial contribution of the mandatory orable Milton B. Allen—a brilliant lawyer, best in the shared soil of universal respect. partners in the One-Stop Career Centers while judge, father, husband, mentor, community ac- The source of justice is the integrity that at the same time increasing the service inte- tivist and leader. A life that ended last week comes from our respect for each other as gration among the partner programs. This in- when the Judge Allen, at 85, died of cardiac human beings. Milton Allen was a teacher and cludes serving through the one-stop system arrest at his home in Windsor Hills. a friend. Our lives will be less for his pass- special populations that have unique needs. Milton Allen was a man of humble begin- ing—but we have been truly enriched by his We are concerned that administrative duplica- nings, who rose to great heights as a polished living. Milton Allen paved the way for so many tion remains in the system, resulting in unnec- lawyer and fair jurist. He attended Douglass lawyers who never even had the privilege of essary bureaucracy that dilutes the ability of High School in Baltimore, Maryland where he knowing him. states and local areas to address their com- played third-string fullback on the football team In the words of the theologian, Max Lucado, munities’ needs. There is also a need to sim- and haunted the library. He read everything he ‘‘The great revivals and reformations that dot plify the local and state governance processes could find. He later went on to Coppin State the history of humanity were never the work of and to strengthen the private sector’s role. Ad- College to become a teacher. just one person. Every movement is the sum ditionally, we need to increase training oppor- ‘‘Simple reason,’’ he said one day. ‘‘Teach- of visionaries who have gone before, genera- tunities and improve performance account- ing was about the only thing open to blacks tions of uncompromised lives and non-nego- ability. then.’’ tiated truths. Faithful men and women who This bill also aims to streamline current WIA Mr. Speaker, Milton Allen was a teacher in have led forceful lives.’’ Mr. Allen was this kind funding in order to provide more efficient and the freedom schools of our time. As a young of human being. And I will miss him. results-oriented services and programs,

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MR8.091 E13PT1 E476 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2003 strengthen infrastructure of the one-stop deliv- HONORING THE LIFE OF SAM BRONZE STAR MEDAL TO MR. ery system, eliminate duplication, improve ac- KARAS OTHO STONE countability, enhance the role of employers, and increase states’ and local areas’ flexibility. HON. DARLENE HOOLEY This reauthorization provides an opportunity HON. SAM FARR OF OREGON to build on and improve the current WIA sys- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES tem so that it can respond quickly and effec- IN THE HOUSE OF REPRESENTATIVES Thursday, March 13, 2003 tively to the changing needs of both workers and employers and further address the needs Thursday, March 13, 2003 Ms. HOOLEY of Oregon. Mr. Speaker, on of special populations. It is designed to pro- March 22, 2002 I had the distinct pleasure of mote productive workforce development pro- Mr. FARR. Mr. Speaker, I rise today to presenting the Bronze Star Medal to one of grams connected to the private sector, post- honor the life of Sam Karas. He passed away my veteran constituents. Today, it is with deep secondary education and training, and eco- on February 26, in Monterey, California. He sadness I would like to inform you and my col- nomic development systems in order to en- was an actor, an activist, a salesman, a story- leagues that Mr. Otho Stone passed away last hance the career opportunities and skills of teller, a singer, a dancer, a father, a husband Friday. Mr. Stone was a WW II veteran who the 21st century workforce. Our goal is to im- and most notably, a friend. He is survived by loved his country and served with honor and prove the locally driven system to ensure we his wife, Edie, his three daughters Penelope dignity. He received the honor of the Bronze provide the tools to meet local workforce de- Lockhart, Judith Karas, and Rachel Holz, and Star while seeing action against our enemies velopment needs. four grandchildren. during WW II. Mr. Speaker, Mr. Stone asked for no special Title II of this Act is the Adult Basic Skills Sam was born and raised in Chicago, Illi- nois, by a poor family of Greek immigrants. recognition for serving his country but he did Act, to reauthorize state programs for adult ask that our country keep the promises made education. The adult education program cur- Growing up he loved three things: ‘‘The Shad- ow’’ pulp novels, apple pie and basketball. to all veterans who have served this great na- rently serves 2.7 million adults, almost half tion. who are immigrants whose first language is Upon graduating from high school, he moved to Monterey to serve as a 2nd lieutenant in For their service and sacrifices our nation’s not English. The program also serves those soldiers and veterans deserve our eternal who are working to get a GED or its recog- the United States Army during World War II. Despite lacking a college education, Sam was gratitude. nized equivalent, or are preparing for higher I know that Mr. Stone would be proud when education. Adult basic education programs able to quickly rise to the rank of 1st lieuten- ant, and his enrollment in the armed services I say that the men and women who have across the country are offered through served our country so honorably know best schools, community centers, libraries, public was the beginning of what would be a lifelong dedication to public service. that freedom is never free, that it is only won housing, community colleges, and volunteer and defended with great sacrifices. organizations, both public and private, profit Among others, Sam served on the board of And we should honor all our veterans by and non-profit. trustees of the Monterey Peninsula Unified keeping our promises to them. School District and was one of the original or- This bill makes changes to current law, and f places more of a focus on the delivery of the ganizers and board members of the Human basic skills of reading, writing, speaking, and Rights Commission. Sam also served with the TRIBUTE TO MR. WENDELL math. Additionally, we have sought to ensure California Coastal Commission, the Natividad TAYLOR BUTLER that instructional practices are based on sci- Medical Center Foundation, the Monterey Jazz entific research. Provisions have been in- and Pop Festivals, the Wharf Theater, the HON. CHARLES F. BASS cluded to increase accountability for States Monterey Film Commission, the California Film OF NEW HAMPSHIRE and local providers to have measurable results Commission, and the Monterey Peninsula Col- IN THE HOUSE OF REPRESENTATIVES lege board of trustees. In addition, the ACLU, in improving basic skills, GED graduates, and Thursday, March 13, 2003 those entering higher education. It is important the NAACP, Monterey County, the Sierra that there be increased coordination with the Club, and the Carmel Meat Company, which Mr. BASS. Mr. Speaker, I rise to recognize business community, and Labor Department he founded, have honored him. my constituent, Mr. Wendell Taylor Butler and programs. Sam started this small meat company short- the contribution he made to our country during World War II as a contributor to the Manhattan The bill also makes improvements to the ly after marrying his wife Edie in Monterey in 1944, and he sometimes cooked large pots of District Project. Rehabilitation Act of 1973, which provides On January 19, 1942, President Franklin D. services to help persons with physical and stew for the homeless along the railroad tracks. Owning this company gave him many Roosevelt, approved a top-secret effort to mental disabilities become employable and produce an atomic weapon. An unprecedented achieve full integration into society. The Voca- other opportunities to reach out to the home- less, a cause that remained close to him over alliance of industry, academia and government tional Rehabilitation (VR) title of this bill en- was formed, and in just twenty-seven months, hances and improves transition services, the next half a century and spurred him to be- come entrenched in the Monterey community. the atomic bomb was produced. Over 140,000 which promote the movement of a student men and women, both civilian and military, served under the Individuals with Disabilities It was frequently said that Sam represented worked together in secret communities Education Act (IDEA) from school to post- the wrong communities of Monterey County, throughout the United States. Relatives could school activities. This legislation also requires as he was mostly concerned with issues such not even be trusted with the knowledge of States to include in their State plans an as- as poverty and health care—issues pertinent their whereabouts or the type of work they sessment of the transition services provided to the Salinas Valley, not the Monterey Penin- were doing. These individuals represent the through the VR system and of how those serv- sula. Sometimes the trivial complaints of his ingenuity, determination, and patriotic commit- ices are coordinated with such services under constituents bothered him, but that was Sam’s ment that led our Nation to victory in World IDEA. Also included in the State plan are character: he wanted to help the people that War II. strategies the State will use to address the truly needed helping. A smooth-talking, glad- Mr. Butler was employed at Linde Air Prod- needs identified in the assessment of transi- handing politician he was not. Sam often ucts in Tonawanda, New York. This particular tions services described above. came at his opponent with disheveled hair, facility was used by the government for lab- I look forward to working with the members fraying suits and sweaters, and a penchant to oratory and pilot plant studies for uranium sep- of the Committee, other member of Congress, comment bluntly, but he never shied away aration. The work accomplished at his location the Administration, and all stakeholders as we from confrontation. He had an innate sense of was vital for the successful completion of the work to a craft legislation that will build upon right and wrong, and he pursued justice dog- project. and improve the systems we created in 1998 gedly. He wanted the best for everybody. I ask my colleagues to join me in honoring and continue to empower individuals in en- The Central Coast of California has moun- Mr. Wendell Taylor Butler and the other men hancing their career opportunities and skills in tains and beaches, but on behalf of this and women who remained at home to design, our 21st century workforce. I urge my col- House, I wish to celebrate the life of Sam develop, and implement the discoveries of the leagues to join me and the other original co- Karas: a man whose spirit made Monterey Manhattan Project. Their dedication and devo- sponsors in support of the Workforce Rein- County a scenic paradise and a more just so- tion to our national security allowed them to vestment and Adult Education Act of 2003. ciety. carry out one of the most epic engineering

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MR8.094 E13PT1 March 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E477 and industrial ventures in our Nation’s illus- on a great ideological departure from the prin- the creation of their online catalogue, to taking trious history. ciples underlying our National Park System: the photos of the store and maintaining cus- f While those lands are set aside for the enjoy- tomer relations. Brian has a lot on his plate, ment and appreciation of people, wildlife ref- especially for a young man who is currently a COMMEMORATING THE 50TH ANNI- uges are for the sole benefit of wildlife. This senior at Central High School in Grand Junc- VERSARY OF CUB SCOUT PACK ideological leap was truly historic, and I com- tion. 596 FROM ST. ALPHONSUS PAR- mend President Roosevelt and celebrate his A few years ago, Brian and few other young ISH enduring legacy. men, Ryan and Rob Cook, and Daniel Davis, Since the first refuge was established in our approached a local radio station about a teen HON. PAUL RYAN State in 1912, the Wisconsin refuge system issues program. The radio station gave the OF WISCONSIN has become an integral part of life for our citi- boys an opportunity to broadcast their show, IN THE HOUSE OF REPRESENTATIVES zens. Our five wildlife refuges and two wet- which became an amazing success. Currently, lands management districts attract nearly two the show airs every Tuesday night from nine Thursday, March 13, 2003 million visitors each year. They provide critical until ten o’clock and gives local teens a plat- Mr. RYAN of Wisconsin. Mr. Speaker, today habitat for our State’s world-renowned wildlife form to discuss everything from local issues to I rise in recognition of the 50th anniversary of resources, as well as opportunities for recre- the concerns on the mind of today’s teen- Cub Scout Pack 596 from St. Alphonsus Par- ation and groundbreaking research. agers. ish in Greendale, Wisconsin. For the past five Horicon Marsh, covering 32,000 acres, is Brian is a true asset to the people of the decades, the leaders, and members of Cub the largest fresh water cattail marsh in the Grand Valley, not only for his work with teens, Scout Pack 596 have made invaluable con- United States and is designated as a ‘‘wetland but also for his contribution to local organiza- tributions to their community, to Wisconsin, of national importance.’’ Tremplealeau, The tions and businesses. Mr. Speaker, it is with and to our country. Upper Mississippi River, and Horicon National great pride that I recognize this capable and Since 1930, the Cub Scout have helped Wildlife Refuges are designated as ‘‘globally gifted young man before this body of Con- young boys learn new skills and civic respon- important bird areas.’’ And Necedah National gress and this nation. His dedication to com- sibility. Character development, good citizen- Wildlife Refuge serves as the summer home munity service is a credit to Mesa County and ship, and personal achievement are among for research experiments with the migration of the entire State of Colorado. the ten purposes of cub scouting. Other goal highly endangered whooping cranes. f include spiritual growth, family understanding, I wonder whether the President knew what respectful relationships, sportsmanship and fit- he was setting in motion when he set aside COMMENDING THE 101ST AIR- ness, friendly service, and fun and adventure. those five seemingly inconsequential acres. BORNE DIVISION OF THE UNITED Cub scouts earn merit badges in recognition Could he possibly have dreamed that such STATES ARMY for physical fitness and talent-building activi- humble beginnings would flourish into the ties. As a former cub scout, I believe that the grand national wildlife refuge system that we HON. JOHN S. TANNER values I was taught as a member—respect for boast today? That system now consists of OF TENNESSEE nature, for other people, and for ourselves— more than 575 individual units and encom- IN THE HOUSE OF REPRESENTATIVES have helped to shape who I am today. passes over 95 million acres. Refuges can be Thursday, March 13, 2003 Pack 596 makes a difference in their com- found in every State in the Union, protecting munity every year through programs such as more than 250 threatened or endangered Mr. TANNER. Mr. Speaker, I wish to recog- Scouting for Food. In this program, scouts plants and animals, including such beloved nize the honorable service of the men and leave empty bags at homes in their neighbor- and symbolic species as the manatee, bald women of the 101st Airborne Division of the hood for the families to fill. The scouts then re- eagle, and California jewelflower. These fig- United States Army, who are again answering turn the following weekend to take the food- ures far exceed any expectations that Presi- this nation’s call to duty. They have already filled bags to the local food pantry. Pack 596 dent Roosevelt may have had. Our refuge been deployed to the Persian Gulf in prepara- also participates in a toy drive for needy chil- system is truly a triumph of American vision tion for whatever conflict may lie ahead. dren every Christmas. These boys have con- and commitment to responsible stewardship of While international debate continues over sistently worked to make the world a better our unparalleled natural heritage. the appropriate course of action, Mr. Speaker, place and steadfastly honored their motto to I am proud to support the National Fish and it is easy for us to forget about the men and do their best. Wildlife Service in its vital mission and grateful women who are already on the front line, pre- Mr. Speaker, Cub Scout Pack 596 has to be able to pass this legacy on to future paring for the unknown, ready to accept the served as a model for all cub scout packs for generations of Americans. orders that are handed down. There are almost 20,000 men and women 50 years. They have set a high standard for f cub scouts everywhere through their commit- stationed at Fort Campbell, which sits on the ment to God and country and their dedication PAYING TRIBUTE TO: MR. BRIAN border between Tennessee and Kentucky. to helping develop the future leaders of our BRADY Fort Campbell is home to the 101st Airborne Nation. Division ‘‘Screaming Eagles,’’ under the com- f HON. SCOTT McINNIS mand of Maj. Gen. David Petraeus. The 101st OF COLORADO Airborne Division has a long history of out- COMMEMORATING THE 100TH ANNI- IN THE HOUSE OF REPRESENTATIVES standing military service, playing key roles in VERSARY OF THE NATIONAL World War I, World War II, Korea, Vietnam WILDLIFE REFUGE SYSTEM Thursday, March 13, 2003 and Desert Storm. Mr. McINNIS. Mr. Speaker, it is with great From an Apache fighter-helicopter, the HON. RON KIND honor that I rise today in order to recognize ‘‘Screaming Eagles’’ fired the very first shots OF WISCONSIN Brian Brady of Grand Junction, Colorado. in the Gulf War, taking out Iraqi communica- IN THE HOUSE OF REPRESENTATIVES Brian is a gifted young man whose dedication tions and paving the way for the ground at- and entrepreneurship are a credit to his com- tack. In the ground war, the 101st made the Thursday, March 13, 2003 munity. Today, I would like to pay tribute to his longest and largest air assault in world history Mr. KIND. Mr. Speaker, one hundred years efforts before this body of Congress and this into enemy territory. About 4,500 ‘‘Rakkasans’’ ago, President Theodore Roosevelt displayed nation. from the division’s 3rd Brigade also spent six historic vision and took a bold step forward in As an active member of the Grand Junction months in Afghanistan, fighting in Operation his quest to protect our Nation’s natural won- community, Brian serves on a variety of local Anaconda, one of the toughest fronts in this ders. He decided that the plight of one group boards and works with many organizations in- nation’s war on terrorism. of birds on a scant five acres in Florida was cluding three of the largest and most active or- Now, the men and women of the 101st are important enough to warrant the protection of ganizations in Mesa County: the Rotary, again answering the call to duty. The the Federal government. Roosevelt made this United Way and the Mesa County Crime Stop- ‘‘Screaming Eagles’’ have left behind their decision on March 14, 1903, continuing his pers. Brian’s company, Brady MicroTech, cre- families and their homes to set up camp in the commitment to protect American public lands. ates and maintains websites and is currently desert. These brave soldiers know that their In creating a National Wildlife Refuge, how- the Webmaster of the Gene Taylor’s Sporting country may need them, and they are ready to ever, Roosevelt brought the American public Goods website, in charge of everything from serve.

VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MR8.097 E13PT1 E478 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2003 Mr. Speaker, I hope you will join me in ap- and Jeni—in your prayers. Keep those who Tibet. This day is remembered by the Tibetan plauding the dedication and duty dem- are left behind in your prayers. They are the Community around the world as ‘‘Tibetan Up- onstrated by the courageous men and women ones who need it most. Joy will be where her rising Day.’’ One week later, on March 17th, of the 101st Airborne Division of the United name suggests, in the joy of eternity, in the 1959, as feared by many, the People’s Libera- States Army. Their love for our country, the hands of our loving Father. tion Army began shelling the Dalai Lama’s safety of its people and the protection of its f complex. Unbeknownst to the PLA the Dalai liberties, is what makes this nation free and Lama had fled to India only a short 48 hours great. COMMEMORATION OF TIBETAN before the attack. UPRISING DAY f Mr. Speaker, the people of Tibet have faced TRIBUTE TO JOY BRYSON persistent brutal oppression for nothing more HON. TOM LANTOS than the crime of having different beliefs than HON. JAMES L. OBERSTAR OF CALIFORNIA those of the Chinese government. Since Chi- IN THE HOUSE OF REPRESENTATIVES OF MINNESOTA na’s occupation of Tibet, the PRC has en- IN THE HOUSE OF REPRESENTATIVES Thursday, March 13, 2003 forced its despotic rule with violence such as military occupation, population transfers and Thursday, March 13, 2003 Mr. LANTOS. Mr. Speaker, I rise today to the destruction of Tibetan cultural and reli- invite all my Colleagues to commemorate dur- Mr. OBERSTAR. Mr. Speaker, I rise today gious institutions. The people of Tibet have ing this week the 44th anniversary of one of to pay tribute to a wonderful person and had almost every human right possible vio- the most tragic events in Tibetan history. Dur- former member of the Transportation and In- lated over the past 50 years. To this day, the ing the bloody ‘‘Lhasa Uprising’’ in 1959, cou- frastructure Committee staff who passed away PRC continues to violate the 17 point agree- rageous people were killed while standing up a few weeks ago, Mrs. Joy Bryson. Just one ment and commit horrifying human rights for the religious, political and cultural rights of year ago, I rose to congratulate Joy on her re- abuses in Tibet. The citizens of this country all Tibetans. Throughout this uprising, many tirement. Her retirement was all too short. As suffer through arbitrary arrests, detention with- Joy’s family returns from taking her home to large Tibetan cities were destroyed by Chi- nese artillery, His Holiness the Dalai Lama out trial, torture and persecution for speaking North Carolina, I rise to honor Joy once again. out peacefully on political and religious views. Joy was a much-loved member of the T&I was forced into exile for fear of his life and, Committee Staff, and we all miss her very according to Chinese statistics, nearly 87,000 As an American, I am proud to defend the deeply. All of us, Member and staff alike, suf- Tibetans were killed, arrested or deported to Tibetan right to self-determination and recog- fered with her through her long ordeal with labor camps. nize today as ‘‘Tibetan Uprising Day.’’ In 2002, breast cancer and its permutations, a struggle The brutal crushing of the Lhasa Uprising under the Tibetan Policy act, which I author- that I know all too well from my own experi- tragically only further highlights the brutal sup- ized, the US Congress articulated our support ence, losing my late wife, Jo, after an eight- pression of the Tibetan people, which began for the Dalai Lama’s attempt to attain a nego- and-a-half year battle with the same disease. with the Chinese invasion in 1948 and con- tiated settlement through means of dialogue When in remission, Joy worked as an active tinues to this very day. Facing brave resist- and not violence. The fact that this atrocity advocate for breast cancer research and for ance after the invasion of Tibet, the People’s has gone on for so long is completely out- cancer research and treatment. Joy was a Republic of China forced the Tibetan Govern- rageous and unacceptable. The people of very strong advocate for the work of the ment to accept a 17 point agreement in 1951 Tibet had their lives stripped from them; every- Breast Cancer Research, Treatment, and Edu- by threatening Tibet with further military force. thing they knew and loved was taken in a ap- cation Center at George Washington Univer- The agreement made Tibet a part of China, palling manner. These people not only fought sity Hospital. She actively supported efforts in but assured the people of Tibet that all polit- and died for their own freedom, but for the the private sector community to raise funds for ical, cultural and religious institutions, including freedom of their children and all future Tibet- the ‘‘mammavan’’ project of G.W. Hospital that that of the Dalai Lama would be preserved. ans. In 1989, the international community rec- helps provide mammograms for women in un- China has yet to stand by these promises. ognized the tremendous contributions his Holi- derserved areas of Washington, D.C., and the After systematic and ongoing violations of the ness has made to a negotiated settlement international community of the city. agreement, a growing Tibetan rebellion began through non-violent means by awarding him Joy dealt with her long struggle with cancer to reach a national scale. the Nobel Peace Prize. I commend the Dalai privately. She did not want attention brought to The Chinese blamed His Holiness the Dalai Lama and his people for their determination her, which, in a way, was unfortunate, be- Lama for the resistance and rumors began to and strength throughout this ordeal. On this cause many of us wanted to comfort, support, stir of plans to kill or kidnap him in reaction to day of remembrance I hope everyone will take and console her. But, she carried on, with her this rebellion. On March 10th, 1959 the people a moment to reflect on the situation to Tibet, loving family by her side, a very private cam- of Lhasa surrounded the Dalai Lama’s and also consider what we have done and paign that she ultimately lost. Norbulingka compound in hopes to protect what we can still do in the future to further as- I ask all of you to keep her and her family— their leader from an almost certain death, and sist this country in their struggle for a peaceful her husband, Lit, and her two children, Chris the also demanded that the Chinese leave resolution.

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HIGHLIGHTS Senate agreed to S. Res. 83, commending Dr. Lloyd J. Ogilvie, Chaplain of the United States Senate. Senate passed S. 3, Partial-Birth Abortion Ban Act. The House passed H.R. 5, Help Efficient, Accessible, Low-Cost, Timely Healthcare (HEALTH) Act. Senate Joint Committee on Printing in place of the Chair- Chamber Action man. Page S3759 Routine Proceedings, pages S3649–S3764 Printing and Library Joint Committee Member- Measures Introduced: Nineteen bills and eleven ship: Senate agreed to S. Res. 84, providing for resolutions were introduced, as follows: S. 610–628, members on the part of the Senate of the Joint Com- S.J. Res. 9, S. Res. 83–89, and S. Con. Res. 20–22. mittee on Printing and the Joint Committee of Con- Pages S3729–31 gress on the Library. Pages S3759–60 Measures Reported: Fire Safety: Senate agreed to H. Con. Res. 85, Special Report entitled ‘‘Legislative Activities Re- expressing the sense of the Congress with regard to port, 107th Congress’’. (S. Rept. No. 108–19) the need for improved fire safety in nonresidential Page S3731 buildings in the aftermath of the tragic fire on Feb- Measures Passed: ruary 20, 2003, at a nightclub in West Warwick, Rhode Island. Pages S3760–61 Commending Senate Chaplain: Senate agreed to S. Res. 83, commending the service of Dr. Lloyd J. Senate Legal Representation: Senate agreed to S. Ogilvie, the Chaplain of the United States Senate. Res. 86, to authorize testimony and legal representa- Pages S3650–52 tion in W. Curtis Shain v. Hunter Bates, et al. Partial-Birth Abortion Ban Act: By 64 yeas to Page S3761 33 nays (Vote No. 51), Senate passed S. 3, to pro- Commemorating National Wildlife Refuge Sys- hibit the procedure commonly known as partial- tem Anniversary: Senate agreed to S. Res. 87, com- birth abortion, as amended. Pages S3653–62 memorating the Centennial Anniversary of the Na- Gila River Indian Community Judgment Fund tional Wildlife Refuge System. Pages S3761–62 Distribution Act: Senate passed S. 162, to provide Honoring Former Senator James L. Buckley: for the use of distribution of certain funds awarded Senate agreed to S. Res. 88, honoring the 80th to the Gila River Pima-Maricopa Indian Commu- birthday of James L. Buckley, former United States nity. Pages S3753–54 Senator for the State of New York. Page S3762 Zuni Indian Tribe Water Rights Settlement Honoring Orville L. Freeman: Senate agreed to S. Act: Senate passed S. 222, to approve the settlement Res. 89, honoring the life of former Governor of of the water rights claims of the Zuni Indian Tribe Minnesota Orville L. Freeman, and expressing the in Apache County, Arizona. Pages S3755–59 deepest condolences of the Senate to his family on Designating Additional Joint Committee on his death. Pages S3762–63 Printing Member: Senate agreed to S. Con. Res. 20, Tributes to Dr. Lloyd Ogilvie—Agreement: A permitting the Chairman of the Committee on Rules unanimous-consent agreement was reached providing and Administration of the Senate to designate an- that tributes to Dr. Lloyd Oglivie, the retiring Sen- other member of the Committee to serve on the ate Chaplain, be printed as a Senate Document, and D232

VerDate Jan 31 2003 07:11 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D13MR3.REC D13MR3 March 13, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D233 that Members have until 12 noon, Friday, March 21 Protocol Amending Convention with Australia to submit tributes. Page S3763 Regarding Double Taxation and Prevention of Fiscal Nomination Considered: Senate resumed consider- Evasion (Treaty Doc. 107–20). Page S3763 ation of the nomination of Miguel A. Estrada, of Second Additional Protocol Modifying Convention Virginia, to be United States Circuit Judge for the with Mexico Regarding Double Taxation and Pre- District of Columbia. vention of Fiscal Evasion (Treaty Doc. 108–3) Page S3763 Pages S3668–78, S3693–94, S3698–99 During consideration of this measure today, Senate Messages From the President: Senate received the also took the following action: following messages from the President of the United By 55 yeas to 42 nays (Vote No. 53), three-fifths States: of those Senators duly chosen and sworn, not having Transmitting, pursuant to law, the 6-month peri- voted in the affirmative, Senate rejected the motion odic report relative to the national emergency with to close further debate on the nomination. respect to Iran; to the Committee on Banking, Page S3693 Housing, and Urban Affairs. (PM–23) Pages S3726–27 A third motion was entered to close further de- Transmitting, pursuant to law, a notice stating bate on the nomination and, in accordance with the that the emergency declared with respect to the provisions of Rule XXII of the Standing Rules of Government of Iran is to continue beyond March 15, the Senate, a vote on the cloture motion will occur 2003; to the Committee on Banking, Housing, and Urban Affairs. (PM–24) Page S3727 on Tuesday, March 18, 2003. Pages S3693, S3698–99 Budget Resolution—Agreement: A unanimous- Nominations Confirmed: Senate confirmed the fol- consent agreement was reached providing that at 2 lowing nominations: p.m., on Monday, March 17, 2003, Senate proceed By unanimous vote of 97 yeas (Vote No. Ex. 52), to the consideration of the first concurrent budget Thomas A. Varlan, of Tennessee, to be United States resolution, if it has been properly reported by that District Judge for the Eastern District of Tennessee. Page S3662 time. Page S3699 By 74 yeas 19 nays (Vote No. EX. 54), Jay S. A unanimous-consent agreement was reached pro- Bybee, of Nevada, to be United States Circuit Judge viding that notwithstanding the adjournment of the for the Ninth Circuit. Page S3695 Senate, the Committee on the Budget have from 11 By unanimous vote of 92 yeas (Vote No. Ex. 55), a.m. until 12 noon on Friday, March 14, 2003, to J. Daniel Breen, of Tennessee, to be United States report legislative matters. Page S3763 District Judge for the Western District of Tennessee. Executive Reports of Committees: Senate received Page S3698 the following executive reports of a committee: William H. Steele, of Alabama, to be United Report to accompany Convention With Great States District Judge for the Southern District of Britain And Northern Ireland Regarding Double Alabama. Page S3695 Taxation And Prevention Of Fiscal Evasion (Treaty Nominations Received: Senate received the fol- Doc. 107–19) (Ex. Rept. 108–2) Page S3729 lowing nominations: Report to accompany Protocol Amending Conven- R. Hewitt Pate, of Virginia, to be an Assistant tion With Australia Regarding Double Taxation Attorney General. And Prevention Of Fiscal Evasion (Treaty Doc. David G. Campbell, of Arizona, to be United 107–20) (Ex. Rept. 108–3) Page S3729 States District Judge for the District of Arizona. Report to accompany Second Additional Protocol Helen R. Meagher La Lime, of Florida, to be Am- Modifying Convention With Mexico Regarding bassador to the Republic of Mozambique. Double Taxation And Prevention Of Fiscal Evasion 36 Army nominations in the rank of general. (Treaty Doc. 108–3) (Ex. Rept. 108–4) Page S3729 Pages S3763–64 Treaties Approved: The following treaties having Messages From the House: Page S3727 passed through their various parliamentary stages, up to and including the presentation of the resolution Measures Referred: Page S3727 of ratification, upon division, two-thirds of the Sen- Measures Placed on Calendar: Page S3727 ators present and having voted in the affirmative, the Measures Held at Desk: Page S3727 resolutions of ratification were agreed to: Executive Communications: Pages S3727–29 Convention with Great Britain and Northern Ire- land regarding Double Taxation and Prevention of Petitions and Memorials: Page S3729 Fiscal Evasion (Treaty Doc. 107–19). Page S3763 Executive Reports of Committees: Page S3729

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Additional Cosponsors: Pages S3731–32 regional commands, after receiving testimony from Statements on Introduced Bills/Resolutions: Adm. Thomas B. Fargo, USN, Commander, United Pages S3732–52 States Pacific Command; Gen. Leon J. LaPorte, USA, Commander, United Nations Command, United Na- Additional Statements: Pages S3724–26 tions Command, Republic of Korea-United States Notices of Hearings/Meetings: Page S3752 Combined Forces Command, and United States Authority for Committees to Meet: Page S3752 Forces in Korea; and Gen. James T. Hill, USA, Commander, United States Southern Command. Privilege of the Floor: Page S3752 DEFENSE AUTHORIZATION Record Vote: Five record votes were taken today. (Total—55) Pages S3658, S3662, S3693–94, S3695, S3698 Committee on Armed Services: Subcommittee on Readi- ness and Management Support concluded hearings Adjournment: Senate met at 9:30 a.m., and ad- on proposed legislation authorizing funds for the De- journed at 7:20 p.m., until 1 p.m., on Monday, partment of Defense for fiscal year 2004, focusing on March 17, 2003. (For Senate’s program, see the re- the impacts of environmental laws on readiness and marks of the Acting Majority Leader in today’s the related Administration legislative proposal, after Record on page S3763.) receiving testimony from General John M. Keane, USA, Vice Chief of the Army; Admiral William J. Committee Meetings Fallon, USN, Vice Chief of Naval Operations; Gen- eral William L. Nyland, USMC, Assistant Com- (Committees not listed did not meet) mandant of the Marine Corps; General Robert H. MEDICAL LIABILITY CRISIS Foglesong, USAF, Vice Chief of the Air Force; and Benedict S. Cohen, Deputy General Counsel for In- Committee on Appropriations: Subcommittee on Labor, stallation and Environment, Department of Defense. Health and Human Services, and Education, and Re- lated Agencies hearings to examine causes of the 2004 BUDGET: FEDERAL TRANSIT medical liability insurance crisis, focusing on pro- ADMINISTRATION posals to reform the medical litigation system, after Committee on Banking, Housing, and Urban Affairs: receiving testimony from Claude A. Allen, Deputy Committee concluded hearings to examine the Presi- Secretary of Health and Human Services; Peter R. dent’s proposed budget request for fiscal year 2004 McCombs, Pennsylvania Hospital, Philadelphia; for the Federal Transit Administration, after receiv- Donald M. Berwick, Institute for Healthcare Im- ing testimony from Jennifer L. Dorn, Administrator provement, Boston, Massachusetts; Jay Angoff, Federal Transit Administration, Department of Rogert C. Brown and Associates, Jefferson City, Mis- Transportation. souri; James D. Hurley, Atlanta, Georgia, on behalf 2004 BUDGET of the American Academy of Actuaries; Brian Holmes, Hagerstown, Maryland; Linda McDougal, Committee on the Budget: Committee ordered favorably Woodville, Wisconsin; and Leanne Dyess, Vicks- reported an original concurrent resolution setting burg, Mississippi. forth the congressional budget for the United States Government for fiscal year 2004 and including the APPROPRIATIONS: VA appropriate budgetary levels for fiscal year 2003 and Committee on Appropriations: Subcommittee on Vet- for fiscal years 2005 through 2013. erans’ Affairs, Housing and Urban Development, and BUSINESS MEETING Independent Agencies concluded hearings to examine proposed budget estimates for fiscal year 2004 for Committee on Commerce, Science, and Transportation: the Department of Veterans Affairs, after receiving Committee ordered favorably reported the following testimony from Anthony J. Principi, Secretary of business items: Veterans Affairs. S. 579, to reauthorize the National Transportation Safety Board; DEFENSE AUTHORIZATION: UNIFIED S. 275, to amend the Professional Boxing Safety COMMANDS Act of 1996, and to establish the United States Box- Committee on Armed Services: Committee concluded ing Administration, with an amendment in the na- hearings in open and closed session to examine pro- ture of a substitute; posed legislation authorizing funds for fiscal year S. 196, to establish a digital and wireless network 2004 for the Department of Defense and the Future technology program, with amendments; Years Defense Program, focusing on military strategy S. 165, to improve air cargo security, with amend- and operational requirements in of the unified and ments; and

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The nominations of Ellen G. Engleman, of Indi- WILDFIRE PREPAREDNESS ana, to be a Member and Chairman, and Richard F. Committee on Energy and Natural Resources: Committee Healing, of Virginia, and Mark V. Rosenker, of concluded hearings to examine the impact of fires on Maryland, both to be Members, all of the National America in 2002 and the potential 2003 fire season, Transportation Safety Board, Charles E. McQueary, focusing on the management and implementation of of North Carolina, to be Under Secretary of Home- the National Fire Plan, the effects on tourism, and land Security for Science and Technology, and Jeffrey the President’s Healthy Forest Initiative, after receiv- Shane, of the District of Columbia, to be Under Sec- ing testimony from David Tenny, Deputy Under retary for Policy, Robert A. Sturgell, of Maryland, to Secretary of Agriculture for Natural Resources and be Deputy Administrator of the Federal Aviation the Environment; Lynn Scarlett, Assistant Secretary Administration, and Emil H. Frankel, of Con- of the Interior for Policy, Management, and Budget; necticut, to be an Assistant Secretary, all of the De- and Linda M. Conlin, Assistant Secretary, U.S. Trade partment of Transportation; and United States Coast and Development Agency. Guard promotion lists received by the Senate on Jan- uary 28, February 6, February 25, and March 11, NATIONAL HERITAGE AREAS 2003. Also, Committee adopted its rules of procedure for Committee on Energy and Natural Resources: Committee the 108th Congress, and announced the following concluded oversight hearings to examine the des- subcommittee assignments: ignation and management of National Heritage Subcommittee on Aviation: Senators Lott (Chairman), Areas, including criteria and procedures for desig- Stevens, Burns, Hutchison, Snowe, Brownback, nating heritage areas, the potential impact of herit- Smith, Fitzgerald, Ensign, Allen, Sununu, Rocke- age areas on private lands and communities, federal feller, Hollings, Inouye, Breaux, Dorgan, Wyden, and non-federal costs of managing heritage areas, and Nelson (FL), Boxer, Cantwell, and Lautenberg. methods of monitoring and measuring the success of Subcommittee on Communications: Senators Burns heritage areas, after receiving testimony from Paul (Chairman), Stevens, Lott, Hutchison, Snowe, Hoffman, Deputy Assistant Secretary of the Interior Brownback, Smith, Fitzgerald, Ensign, Allen, for Fish and Wildlife and Parks; Kathryn Higgins, Sununu, Hollings, Inouye, Rockefeller, Kerry, National Trust for Historic Preservation, Wash- Breaux, Dorgan, Wyden, Boxer, Nelson (FL), and ington, DC; C. Allen Sachse, Delaware and Lehigh Cantwell. National Heritage Corridor Commission, Easton, Subcommittee on Competition, Foreign Commerce, and Pennsylvania; and Peyton Knight, American Policy Infrastructure: Senators Smith (Chairman), Burns, Center, Warrenton, Virginia. Brownback, Fitzgerald, Ensign, Sununu, Dorgan, Boxer, Nelson (FL), Cantwell, and Lautenberg. CONGESTION MITIGATION AND AIR Subcommittee on Consumer Affairs and Product Safety: QUALITY IMPROVEMENT PROGRAM Senators Fitzgerald (Chairman), Burns, Smith, Committee on Environment and Public Works: Sub- Wyden, and Dorgan. committee on Clean Air, Climate Change, and Nu- Subcommittee on Oceans, Fisheries, and Coast Guard: clear Safety concluded oversight hearings to examine Senators Snowe (Chairwoman), Stevens, Lott, the implementation of the Congestion Mitigation Hutchison, Smith, Sununu, Kerry, Hollings, Inouye, and Air Quality Improvement Program, and trans- Breaux, and Cantwell. portation conformity, focusing on the collaboration Subcommittee on Science, Technology, and Space: Sen- of transportation and air quality planners, direct ators Brownback (Chairman), Stevens, Burns, Lott, public and private investment projects, systems and Hutchison, Ensign, Allen, Sununu, Breaux, Rocke- technologies that will reduce air pollution coming feller, Kerry, Dorgan, Wyden, Nelson (FL), and Lau- from the mobile source sector, after receiving testi- tenberg. mony from Emil H. Frankel, Assistant Secretary of Subcommittee on Surface Transportation and Merchant Transportation for Transportation Policy; Jeffrey R. Marine: Senators Hutchison (Chairwoman), Stevens, Homstead, Assistant Administrator for Air and Ra- Burns, Lott, Snowe, Brownback, Smith, Allen, diation, Environmental Protection Agency; Howard Inouye, Rockefeller, Kerry, Breaux, Wyden, Boxer, R. Maier, Northeast Ohio Areawide Coordinating and Lautenberg. Agency, Cleveland, Ohio; W. Gerald Teague, Emory Senators McCain and Hollings are Ex-Officio University School of Medicine, Atlanta, Georgia; Members of all the Subcommittees.

VerDate Jan 31 2003 07:11 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D13MR3.REC D13MR3 D236 CONGRESSIONAL RECORD — DAILY DIGEST March 13, 2003 Jerry Lasker, Indian Nations Council of Govern- political future from William Burns, Assistant Sec- ments, Tulsa, Oklahoma; Annette Liebe, Oregon De- retary of State for Middle East. partment of Environmental Quality, Portland, on be- NOMINATIONS half of the State and Territorial Air Pollution Pro- gram Administrators, and the Association of Local Committee on the Judiciary: Committee held hearings Air Pollution Control Officials; Diane Steed, Amer- to examine the nomination of Priscilla Richman ican Highway Users Alliance, Washington, D.C.; Owen, of Texas, to be United States Circuit Judge Marsha Kaiser, Maryland Department of Transpor- for the Fifth Circuit, who was introduced by Sen- tation, Annapolis, on behalf of the American Asso- ators Hutchison and Cornyn, where the nominee tes- ciation of State Highway and Transportation Offi- tified and answered questions in her own behalf. cials; and Michael Replogle, Environmental Defense, INTELLIGENCE New York, New York. Select Committee on Intelligence: Committee held closed hearings on intelligence matters, receiving testimony MILITARY OPERATIONS/IRAQ from officials of the intelligence community. Committee on Foreign Relations: Committee met in Committee will meet again on Tuesday, March closed session to receive a briefing to examine Iraq’s 18. h House of Representatives Rejected the Conyers motion to recommit the bill Chamber Action to the Committee on the Judiciary and the Com- Measures Introduced: 42 public bills, H.R. mittee on energy and commerce with instructions to 1256–1297; and 7 resolutions, H.J. Res. 39; report it back to the House forthwith with amend- H. Con. Res. 92–94, and H. Res. 142–144 were ments in the nature of a substitute that establishes introduced. Pages H1900–02 the Medical Malpractice and Insurance Reform Act Additional Cosponsors: Pages H1902–03 of 2003 by yea-and-nay vote of 191 yeas to 234 nays, Roll No. 63. Page H1870 Reports Filed: Reports were filed today as follows: The House agreed to H. Res. 139, the rule that H.R. 444, to amend the Workforce Investment provided for consideration of the bill by a recorded Act of 1998 to establish a Personal Reemployment vote of 225 ayes to 201 noes, Roll No. 62. Earlier Accounts grant program to assist Americans in re- agreed to order the previous question by a yea-and- turning to work, amended (H. Rept. 108–35); and nay vote of 225 yeas to 201 nays, Roll No. 61. And, H.R. 875, to direct the Secretary of Transpor- pursuant to the provisions of H. Res. 139, H. Res. tation to make grants for security improvements to 126 was laid on the table. Pages H1828–29 over-the-road bus operations (H. Rept. 108–36). Page H1900 Legislative Program: The Majority Leader an- nounced the Legislative Program for the week of Speaker Pro Tempore: Read a letter from the March 17. Page H1872 Speaker wherein he appointed Representative Thorn- berry to act as Speaker Pro Tempore for today. Meeting Hour—Monday, March 17 and Tuesday, Page H1815 March 18: Agreed that when the House adjourns today, it adjourn to meet at noon on Monday, March Help Efficient, Accessible, Low-Cost, Timely 17 and agreed that when the House adjourns on Healthcare (HEALTH) Act: The House passed Monday, it adjourn to meet at 12:30 p.m. on Tues- H.R. 5, to improve patient access to health care day, March 18, for morning hour today. Page H1874 services and provide improved medical care by re- ducing the excessive burden the liability system Calendar Wednesday: Agreed to dispense with the places on the health care delivery system by recorded Calendar Wednesday business of Wednesday, March vote of 229 ayes to 196 noes with 1 voting 19. Page H1874 ‘‘present’’, Roll No. 64. Pages H1817–71, H1879–80 Mexico-United States Interparliamentary Group: Pursuant to the rule, the amendment in the na- The Chair announced the Speaker’s appointment of ture of a substitute printed in H. Rept. 108–34 was Representative Kolbe as Chairman, Mexico-United considered as adopted. Page H1832 States Interparliamentary Group. Page H1875

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Canada-United States Interparliamentary Group: Adjournment: The House met at 10 a.m. and ad- The Chair announced the Speaker’s appointment of journed at 7 p.m. Representative Houghton as Chairman, Canada- United States Interparliamentary Group. Page H1875 British-American Interparliamentary Group: The Committee Meetings Chair announced the Speaker’s appointment of Rep- AGRICULTURE, RURAL DEVELOPMENT, resentative Petri as Chairman, British-American FDA AND RELATED AGENCIES Interparliamentary Group. Page H1875 APPROPRIATIONS Speaker Pro Tempore List: The chair announced Committee on Appropriations: Subcommittee on Agri- that on February 10, the Speaker delivered to the culture, Rural Development, Food and Drug Admin- Clerk a letter listing members in the order in which istration and Related Agencies held a hearing on each shall act as Speaker pro tempore under clause National Resources Conservation Service. Testimony 8(b)(3) of rule 1. Page H1875 was heard from the following officials of the USDA: Presidential Messages: Read the following mes- Mark Rey, Under Secretary, Natural Resources and sages from the President: Environment; Bruce Knight, Chief, Natural Re- Continuation of the National Emergency re sources Conservation Service; and Gerald Patterson, Iran: Message wherein he transmitted his notice an- Acting Budget Officer. nouncing the continuation of the national emergency The Subcommittee also held a hearing on Re- with respect to Iran—referred to the Committee on search, Education and Economics. Testimony was International Relations and ordered printed (H. Doc. heard from the following officials of the USDA: Jo- 108–46); and Page H1875 seph J. Jen, Under Secretary, Research, Education and Economics; Edward B. Knipling, Acting Ad- Six Month Periodic Report on the National ministrator, Agricultural Research Service; Collen Emergency re Iran: Message wherein he transmitted Hefferan, Administrator, Cooperative State Research, a six month periodic report on the national emer- Education and Extension Service; Susan E. Offutt, gency with respect to Iran—referred to the Com- Administrator, Economic Research Service; and R. mittee on International Relations and ordered print- Ronald Bosecker, Administrator, National Agricul- ed (H. Doc. 108–47). Page H1875 tural Statistics Service. Designation by the Speaker re Assembly of the Congress: Read a letter from the Speaker wherein he COMMERCE, JUSTICE, AND STATE AND stated that pursuant to H. Con. Res. 1, regarding THE JUDICIARY, AND RELATED AGENCIES consent to assemble outside the seat of Government, APPROPRIATIONS and also for the purposes of concurrent resolutions of Committee on Appriopriations: Subcommittee on Com- the current Congresses as may contemplate his des- merce, Justice, and State and The Judiciary, and Re- ignation of members to act in similar circumstances, lated Agencies held a hearing on SEC. Testimony he designates Representative Tom DeLay of Texas to was heard from William H. Donaldson, Chairman, act jointly with the Majority Leader of the Senate or SEC. his designee, in the event of his death or inability, to notify the Members of the House and Senate, re- DEFENSE APPROPRIATIONS spectively, of any reassembly under any such concur- rent resolution. He further stated that in the event Committee on Appropriations: Subcommittee on Defense of the death or inability of that designee, the alter- met in executive session to hold a hearing on U.S. nate Members of the House listed in the letter dated Northern Command. Testimony was heard from March 13, 2003 that has placed with the Clerk are Gen. Ralph Eberhart, USAF, Commander and Chief, designated, in turn, for the same purposes. U.S. Northern Command. Page H1880 ENERGY AND WATER DEVELOPMENT Senate Message: Message received from the Senate APPROPRIATIONS today appears on pages H1871. Committee on Appropriations: Subcommittee on Energy Referral: S. 3 was held at the desk. and Water Development held a hearing on Depart- Quorum Calls—Votes: Two yea-and-nay votes and ment of Energy-Science, Nuclear Energy, and Re- two recorded votes developed during the proceedings newable Energy. Testimony was heard from Robert of the House today and appear on pages H1828–29, Card, Under Secretary, Energy, Science and Environ- H1870, and H1871. There were no quorum calls. ment, Department of Energy.

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FOREIGN OPERATIONS, EXPORT NATIONAL DEFENSE AUTHORIZATION FINANCING, AND RELATED PROGRAMS BUDGET REQUEST APPROPRIATIONS Committee on Armed Services: Continued hearings on Committee on Appropriations: Subcommittee on Foreign the fiscal year 2004 national defense authorization Operations, Export Financing, and Related Programs budget request. Testimony was heard from the fol- held a hearing on Secretary of State. Testimony was lowing officials of the Department of Defense: Gen. heard from Colin L. Powell, Secretary of State. Ralph E. Eberhart, USAF, Commander, U.S. North- ern Command; and Adm. James O. Ellis, Jr., USN, INTERIOR AND RELATED AGENCIES Commander, U.S. Strategic Command. APPROPRIATIONS Hearings continue March 20. Committee on Appropriations: Subcommittee on Interior ENVIRONMENTAL LEGISLATIVE and Related Agencies held a hearing on National PROPOSALS Endowment for the Arts, and National Endowment Committee on Armed Services: Subcommittee on Readi- for the Humanities. Testimony was heard from ness held a hearing on environmental legislative pro- Bruce Cole, Chairman, National Endowment for the posals. Testimony was heard from the following offi- Humanities; and Dana Gioia, Chairman, National cials of the Department of Defense: Raymond F. Endowment for the Arts. DuBois, Jr., Deputy Under Secretary, Installations and Environment; Nelson Gibbs, Assistant Secretary, LABOR, HHS, EDUCATION AND RELATED Air Force, Installations, Environment and Logistics, AGENCIES APPROPRIATIONS Department of the Air Force; Raymond J. Fatz, Dep- uty Assistant Secretary, (Environment, Safety and Committee on Appropriations: Subcommittee on Labor, Occupational Health), Department of the Army; and Health and Human Services, Education and Related Wayne Arny, Deputy Assistant Secretary, (Installa- Agencies held a hearing on Department of Edu- tions and Facilities), Department of the Navy; John cation-Panel: ‘‘Special Education and Vocational Peter Suarez, Assistant Administrator, Office of En- Education’’ program. Testimony was heard from the forcement and Compliance Assurance, EPA; Julie following officials of the Department of Education: MacDonald, Special Assistant to Assistant Adminis- Robert Pasternack, Assistant Secretary, Office of Spe- trator, Fish, Wildlife and Parks, Department of the cial Education and Rehabilitation Services; and Gro- Interior; William Hogarth, Assistant Administrator, ver Whitehurst, Assistant Secretary, Institute of Fisheries, National Marine Fisheries Service, NOAA, Education Sciences; Office of Education Research and Department of Commerce; and public witnesses. Improvement. FORCE PROTECTION POLICY—HOMELAND SECURITY—ROLE OF DOD AND NATIONAL TRANSPORTATION AND TREASURY, AND GUARD INDEPENDENT AGENCIES Committee on Armed Services: Subcommittee on Ter- APPROPRIATIONS rorism, Unconventional Threats and Capabilities Committee on Appropriations: Subcommittee on Trans- held a hearing on force protection policy, with em- portation and Treasury, and Independent Agencies phasis on the role of the Department of Defense and held a hearing on Inspector General, Department of the National Guard in homeland security. Testimony Transportation. Testimony was heard from Kenneth was heard from the following officials of the Depart- M. Mead, Inspector General, Department of Trans- ment of Defense: Paul McHale, Assistant Secretary, portation. Homeland Defense; Maj. Gen. Raymond F. Rees, USA, Acting Chief, National Guard Bureau; and VA AND HUD, AND INDEPENDENT Maj. Gen. Timothy J. Lowenberg, USAF, The Adju- AGENCIES APPROPRIATIONS tant General, Director, Military Department, State of Committee on Appropriations: Subcommittee on VA and Washington. HUD, and Independent Agencies held a hearing on TOTAL FORCE TRANSFORMATION— Council on Environmental Quality. Testimony was OVERVIEW MILITARY PERSONNEL heard from James Connaughton, Chairman, Council BUDGET REQUEST on Environmental Quality. Committee on Armed Services: Subcommittee on Total The Subcommittee also held a hearing on Chem- Force held a hearing on the Department of Defense ical Safety and Hazard Investigation Board. Testi- total force transformation and overview of the fiscal mony was heard from Carolyn Merritt, Chairman, year 2004 military personnel budget request. Testi- Chemical Safety and Hazard Investigation Board. mony was heard from the following officials of the

VerDate Jan 31 2003 07:11 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D13MR3.REC D13MR3 March 13, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D239 Department of Defense: David S. C. Chu, Under Information Management Issues, GAO: John M. Secretary, Personnel and Readiness; Lt. Gen. John Le Netherland, Acting Director, CyberSmuggling Cen- Moyne, USA, Deputy Chief of Staff, G-l, U.S. Army; ter, Bureau of Immigration and Customs Enforce- Vice Adm. Gerald Hoewing, USN, Chief of Naval ment, Department of Homeland Security; and public Personnel; Lt. Gen. Garry L. Parks, USMC, Deputy witnesses. Commandant, Manpower and Reserve Affairs, U.S. FEDERAL E-GOVERNMENT INITIATIVES Marine Corps; and Lt. Gen. Richard E. Brown, USAF, Deputy Chief of Staff, Personnel, U.S. Air Committee on Government Reform: Subcommittee on Force. Technology, Information Policy, Intergovernmental Relations and the Census held an oversight hearing CONCURRENT BUDGET RESOLUTION entitled ‘‘Federal E-Government Initiatives: Are We Committee on the Budget: Ordered reported the Con- Headed In the Right Direction?’’ Testimony was current Resolution on the Budget for Fiscal Year heard from Mark A. Forman, Associate Director, In- 2004. formation Technology and Electronic Government, OMB; Joel C. Willemssen, Managing Director, In- IDEA—IMPROVING RESULTS FOR formation Technology, GAO; and public witnesses. CHILDREN AND DISABILITIES Committee on Education and the Workforce: Sub- COMMITTEE FUNDING committee on Education Reform held a hearing on Committee on House Administration: Met to consider ‘‘IDEA, Focusing on Improving Results for Children Committee funding requests for the following Com- and Disabilities.’’ Testimony was heard from Dianne mittees: Agriculture, Science, Rules, Armed Services, Talarico, Superintendent, City School District, Can- Energy and Commerce, Budget, International Rela- ton, Ohio; Larry Lorton, Superintendent, Caroline tions, Homeland Security and Veterans. County School District, Denton, Maryland; and pub- EUROPE—U.S. PRIORITIES lic witnesses. Committee on International Relations: Subcommittee on SMALL BUSINESS HEALTH FAIRNESS ACT Europe held a hearing on United States Priorities in Committee on Education and the Workforce: Sub- Europe. Testimony was heard from A. Elizabeth committee on Employer-Employee Relations held a Jones, Assistant Security, Bureau of European and hearing on H.R. 660, Small Business Health Fair- Eurasian Affairs, Department of State; and J. D. ness Act of 2003. Testimony was heard from Ann L. Crouch, II, Assistant Secretary, Bureau of Inter- Combs, Assistant Secretary, Employee Benefits Secu- national Security Policy, Department of Defense. rity Administration, Department of Labor; and pub- OVERSIGHT-INTERNATIONAL COPYRIGHT lic witnesses. PIRACY COMPREHENSIVE NATIONAL ENERGY Committee on the Judiciary: Subcommittee on Courts, POLICY the Internet, and Intellectual Property held an over- Committee on Energy and Commerce: Subcommittee on sight hearing on the ‘‘International Copyright Piracy: Energy and Air Quality concluded hearings on Links to Organized Crime and Terrorism.’’ Testi- ‘‘Comprehensive National Energy Policy.’’ Testimony mony was heard from John G. Malcolm, Deputy As- was heard from Sam J. Ervin, Commissioner, Public sistant Attorney General, Criminal Division, Depart- Utility Commission, State of North Carolina; and ment of Justice; and public witnesses. public witnesses. AQUATIC INVASIVE SPECIES RESEARCH MISCELLANEOUS MEASURES ACT Committee on Financial Services: Ordered reported the Committee on Science: Subcommittee on Environment, following bills: H.R. 21, Unlawful Internet Gam- Technology, and Standards approved for full Com- bling Funding Prohibition Act; H. R 522, amended, mittee action H.R. 1081, Aquatic Invasive Species Federal Deposit Insurance Act of 2003; and H.R. Research Act. 758, amended, Business Checking Freedom Act of HARMFUL ALGAL BLOOMS AND HYPOXIA 2003. Committee on Science: Subcommittee on Environment, PORNOGRAPHY ACCESS ON NETWORKS Technology, and Standards held a hearing on Harm- Committee on Government Reform: Held a hearing enti- ful Algal Blooms and Hypoxia: Strengthening the tled ‘‘Stumbling onto Smut: The Alarming Ease of Science. Testimony was heard from Donald Scavia, Access to Pornography on Peer-to-Peer Networks.’’ Chief Scientist, National Ocean Service, NOAA, De- Testimony was heard from Linda Koontz, Director, partment of Commerce; Robert Hirsch, Associate

VerDate Jan 31 2003 07:11 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D13MR3.REC D13MR3 D240 CONGRESSIONAL RECORD — DAILY DIGEST March 13, 2003 Director, Water, U.S. Geological Survey, Depart- COMMITTEE MEETINGS FOR FRIDAY, ment of the Interior; Dan Ayres, Coastal Shellfish MARCH 14, 2003 Lead Biologist, Department of Fish and Wildlife, (Committee meetings are open unless otherwise indicated) State of Washington; and public witnesses. Senate OVERSIGHT—COAST GUARD AND Committee on Armed Services: Subcommittee on Emerging FEDERAL MARITIME COMMISSION BUDGET Threats and Capabilities, to hold hearings to examine the REQUESTS; COMMITTEE ORGANIZATION posture of U.S. Joint Forces Command and the role of joint experimentation in force transformation, in review Committee on Transportation and Infrastructure: Sub- of the Defense Authorization Request for Fiscal Year committee on Coast Guard and Maritime Transpor- 2004, 9:30 a.m., SR–22. tation held an oversight hearing on the Administra- tion’s Fiscal Year 2004 Budgets for the U.S. Coast House Guard and the Federal Maritime Commission. Testi- No committee meetings are scheduled. mony was heard from the following officials of the f U.S. Coast Guard, Department of Homeland Secu- rity: Adm. Thomas H. Collins, USCG, Com- CONGRESSIONAL PROGRAM AHEAD mandant; and Master Chief Franklin A. Welch, Week of March 17 through March 22, 2003 USCG, Master Chief Petty Officer; and Steven Blust, Chairman, Federal Maritime Commission. Senate Chamber Prior to the hearing, the Subcommittee met for On Monday, at 2 p.m., Senate expects to begin organizational purposes. consideration of the First Concurrent Budget Resolu- tion. OVERSIGHT—FEDERAL HIGHWAY AND On Tuesday, Senate will resume consideration of TRANSIT PROGRAMS REAUTHORIZATION the nomination of Miguel A. Estrada, of Virginia, to be United States Circuit Judge for the District of Committee on Transportation and Infrastructure: Sub- Columbia Circuit, with a vote to occur on the mo- committee on Highways, Transit and Pipelines held tion to invoke cloture. an oversight hearing on Reauthorization of Federal During the balance of the week, Senate expects to Highway and Transit Programs: What are the needs, continue consideration of the First Concurrent Budg- and how to meet those needs. Testimony was heard et Resolution, and may consider any other cleared from Tim Martin, Secretary, Department of Trans- legislative and executive business. portation, State of Illinois; and public witnesses. Senate Committees SOCIAL SECURITY PROTECTION ACT (Committee meetings are open unless otherwise indicated) Committee on Ways and Means: Ordered reported, as Committee on Agriculture, Nutrition, and Forestry: March amended, H.R. 743, Social Security Protection Act 20, to hold hearings to examine the nomination of of 2003. Vernon Bernard Parker, of Arizona, to be an Assistant Secretary of Agriculture, 10:30 a.m., SR–328A. Committee on Appropriations: March 18, Subcommittee HOT SPOTS BRIEFING on Military Construction, to hold hearings to examine Permanent Select Committee on Intelligence: Sub- Base Realignment and Closure, 10 a.m., SD–138. committee on Intelligence Policy and National Secu- March 19, Subcommittee on Defense, to hold hearings rity met in executive session to receive a briefing on to examine, 10 a.m., SD–192. March 20, Subcommittee on Commerce, Justice, State, Hot Spots. The Subcommittee was briefed by depart- and the Judiciary, to hold hearings to examine the Presi- mental witnesses. dent’s budget request for fiscal year 2004 for the Depart- ment of Commerce, 10 a.m., S–146, Capitol. FUTURE IMAGERY ARCHITECTURE March 20, Subcommittee on Interior, to hold hearings PROGRAM to examine the President’s proposed budget request for fiscal year 2004 for the Department of Agriculture Forest Permanent Select Committee on Intelligence: Sub- Service, 10 a.m., SD–124. committee on Technical and Tactical Intelligence Committee on Armed Services: March 18, to hold hearings met in executive session to hold a hearing on Future to examine proposed legislation authorizing funds for fis- Imagery Architecture Program. Testimony was heard cal year 2004 for the Department of Defense for ballistic from departmental witnesses. missile defense, 9:30 a.m., SD–106.

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March 19, Subcommittee on Readiness and Manage- March 20, Full Committee, to hold hearings to exam- ment Support, to hold hearings to examine proposed leg- ine how to make embassies safer in areas of conflict, 2:30 islation authorizing funds for fiscal year 2004 for the De- p.m., SD–419. partment of Defense for acquisition policy and Committee on Governmental Affairs: March 20, to hold outsourcing issues, 9:30 a.m., SR–222. hearings to examine possible terrorist threats on cargo March 19, Subcommittee on Strategic Forces, to hold containers, 9:30 a.m., SD–342. hearings to examine proposed legislation authorizing Committee on Health, Education, Labor, and Pensions: funds for fiscal year 2004 for the Department of Defense March 19, business meeting to consider S. 15, to amend for strategic forces and policy, 2:30 p.m., SR–232A. the Public Health Service Act to provide for the payment March 19, Subcommittee on Personnel, to hold hear- of compensation for certain individuals with injuries re- ings to examine proposed legislation authorizing funds for sulting from the administration of smallpox counter- fiscal year 2004 for the Department of Defense for the measures, to provide protections and countermeasures National Guard and Reserve military and civilian per- against chemical, radiological, or nuclear agents that may sonnel programs, 3 p.m., SH–216. be used in a terrorist attack against the United States, March 20, Full Committee, to hold hearings to exam- and to improve immunization rates by increasing the dis- ine proposed legislation authorizing funds for fiscal year tribution of vaccines and improving and clarifying the 2004 for the Department of Defense for atomic energy vaccine injury compensation program, proposed legisla- defense activities of the Department of Energy, 9:30 a.m., tion entitled ‘‘Lifespan Respite Care Act’’, ‘‘Pediatric SH–216. Drugs Research Authority’’, ‘‘Caring for Children Act of March 20, Subcommittee on SeaPower, to hold hear- 2003’’, ‘‘Genetics Information Nondiscrimination Act of ings to examine proposed legislation authorizing funds for 2003’’, and pending nominations, 10 a.m., SD–430. fiscal year 2004 for the Department of Defense for the Committee on Indian Affairs: March 19, to hold hearings U.S. Transportation Command, 2:30 p.m., SR–232A. to examine S. 424, to establish, reauthorize, and improve Committee on Banking, Housing, and Urban Affairs: energy programs relating to Indian tribes, and S. 522, to March 18, to hold hearings to examine proposals to regu- amend the Energy Policy Act of 1992 to assist Indian late illegal Internet gambling, 10 a.m., SD–538. tribes in developing energy resources, 10 a.m., SR–485. March 20, Full Committee, to hold hearings to exam- Committee on the Judiciary: March 19, to hold hearings ine issues related to the Department of Housing and to examine ethical regenerative medicine research and Urban Development’s proposed rule on the Real Estate human reproductive cloning, 9:30 a.m., SD–226. Settlement Procedures Act, 9:30 a.m., SD–538. Committee on Rules and Administration: March 19, to Committee on Commerce, Science, and Transportation: March hold oversight hearings to examine the operations of the 20, to hold hearings to examine the Space Shuttle Colom- Secretary of the Senate and the Architect of the Capitol, bia, focusing on the future of space policy, 2:30 p.m., 9:30 a.m., SR–301. SR–253. Committee on Small Business and Entrepreneurship: March Committee on Environment and Public Works: March 18, 18, to hold hearings to examine the practice of contract Subcommittee on Fisheries, Wildlife, and Water, to hold bundling in federal agency procurement, focusing on the hearings to examine the President’s proposed budget for loss of federal jobs in small business, 9:30 a.m., fiscal year 2004 for the Fish and Wildlife Service, 10 SR–428A. a.m., SD–406. Committee on Veterans’ Affairs: March 20, to hold joint March 20, Subcommittee on Clean Air, Climate hearings with the House Committee on Veterans’ Affairs Change, and Nuclear Safety, to hold hearings to examine to examine legislative presentations of AMVETS, Amer- ican Ex-Prisoners of War, the Vietnam Veterans of Amer- proposed legislation amending the Clean Air Act regard- ica, the Military Officers Association of America, and the ing fuel additives and renewable fuels, 9:30 a.m., National Association of State Directors of Veterans’ Af- SD–406. fairs, 10 a.m., 345 Cannon Building. Committee on Finance: March 18, to hold hearings to ex- Select Committee on Intelligence: March 18, to hold closed amine the nomination of Mark W. Everson, of Texas, to hearings to examine intelligence matters, 10 a.m., be Commissioner of Internal Revenue, 10 a.m., SD–219. SH–219. Committee on Foreign Relations: March 18, to hold hear- Special Committee on Aging: March 20, to hold hearings ings to examine the war on terrorism, focusing on diplo- to examine Medicare, focusing on prescription drugs, macy issues, 9:30 a.m., SD–419. 10:30 a.m., SD–562. March 18, Full Committee, to hold a closed briefing to examine the current hostage situation in Colombia, 4 House Chamber p.m., S–407, Capitol. March 19, Full Committee, to hold hearings to exam- To be announced. ine nonproliferation issues, 9:30 a.m., SD–419. March 19, Subcommittee on East Asian and Pacific Af- House Committees fairs, to hold hearings to examine the effects and con- Committee on Appropriations, March 19, Subcommittee sequences of an emerging China, 2:30 p.m., SD–419. on Agriculture, Rural Development, Food and Drug Ad- March 20, Full Committee, business meeting to con- ministration, and related Agencies, on Rural Develop- sider pending calendar business, 9:30 a.m., SD–419. ment, 9:30 a.m., 2362A Rayburn.

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March 19, Subcommittee on Defense, executive, on March 19, full Committee, hearing on U.S.-France se- Fiscal Year 2004 National Foreign Intelligence Program, curity relations, and H.R. 1023, to prohibit through the 10 a.m., H–405 Capitol, and on Fiscal Year 2004 Air period ending December 21, 2007, any Department of Force Budget Overview, 1:30 p.m., 2362A Rayburn. Defense participation in any International aviation trade March 19, Subcommittee on Energy and Water Devel- exhibition (known as an ‘‘air show’’) to be held, 10 a.m., opment, executive, on Department of Energy: National 2118 Rayburn. Nuclear Security Administration, 10 a.m., 2362B Ray- March 19, Subcommittee on Projection Force, hearing burn. on U.S. Transportation Command’s airlift and sealift pro- March 19, Subcommittee on Foreign Operations, grams, 5 p.m., 2212 Rayburn. Export Financing and Related Programs, on Sec- March 19, Subcommittee on Strategic Forces, hearing retary of the Treasury, 2 p.m., H–144 Capitol. on space programs in the fiscal year 2004 national defense March 19, Subcommittee on Interior, on National Park authorization budget request, 5 p.m., 2216 Rayburn. Service, 10 a.m., B–308 Rayburn. March 19, Subcommittee on Terrorism, Unconven- tional Threats and Capabilities, hearing on Department of March 19, Subcommittee on Labor, Health and Human Defense efforts to address the chemical and biological Services, and Education, on Department of Education threat, 2 p.m., 2118 Rayburn. Panel: ‘‘Vocational, Adult and Postsecondary Education’’ March 19, Subcommittee on Total Force, hearing on programs, 10:15 a.m., 2358 Rayburn. hearing on domestic violence, Joint Officer Management March 19, Subcommittee on Transportation and Treas- and education reform, employer support of the Guard and ury, and Independent Agencies, on Director, Office of Reserve, Reserve pay and benefits, and Department of Management and Budget, 2 p.m., 2358 Rayburn. Defense Active and Reserve Components Force Mix March 19, Subcommittee on VA, HUD and Inde- Study, 2 p.m., 2212 Rayburn. pendent Agencies, on Department of Housing and Urban March 20, full Committee, to continue hearings on Development, 10 a.m., and 1:30 p.m., 2359 Rayburn. 2004 fiscal year defense authorization budget request, March 20, Subcommittee on Agriculture, Rural Devel- with emphasis on Ballistic Missile Defense Programs, 9 opment, Food and Drug Administration and Related a.m., 2118 Rayburn. Agencies, on Food, Nutrition and Consumer Services, March 20, Subcommittee on Tactical Air and Land 9:30 a.m., 2362A Rayburn. Forces, hearing on the fiscal year 2004 national defense March 20, Subcommittee on Commerce, Justice, and authorization budget request, 11:30 a.m., 2118 Rayburn. State and The Judiciary, and Related Agencies, on Sec- Committee on Energy and Commerce, March 18, Sub- retary of State, 10 a.m., and on DEA and Bureau of Alco- committee on Oversight and Investigations, hearing enti- hol, Tobacco, Firearms, and Explosives, 2 p.m., 2258 tled ‘‘A Review of NRC’s Proposed Security Require- Rayburn. ments for Nuclear Power Plants,’’ 3 p.m., 2123 Rayburn. March 20, Subcommittee on Defense, on Fiscal Year March 19, Subcommittee on Commerce, Trade and 2004 Navy/Marine Corps Budget Overview, 9:30 a.m., consumer Protection, hearing entitled ‘‘Does the U.S. 2212 Rayburn. Olympic Committee’s Organizational Structure Impede March 20, Subcommittee on Energy and Water Devel- its Mission?’’ 10 a.m., 2322 Rayburn. opment, on Department of Energy: Nuclear Waste Man- Committee on Financial Services, March 18. Subcommittee agement and Disposal, 10 a.m., 2362B Rayburn. on Oversight and Investigation, hearing entitled ‘‘Paying March 20, Subcommittee on Homeland Security, on Dividends: How the President’s Tax Plan Will Benefit Secretary of Homeland Security, 10 a.m., 2359 Rayburn. Individual Investors and Strengthen the Capital Markets,’’ March 20, Subcommittee on Labor, Health and Human 3 p.m., 2128 Rayburn. Services, and Education, on Secretary of Health and March 19, full Committee, hearing on the state of the Human Services, 10:15 a.m., 2358 Rayburn. international financial system, IMF reform, and compli- March 20, Subcommittee on Military Construction, on ance with IMF agreements, 10 a.m., 2128 Rayburn. European Command Military Construction, 10 a.m., March 19, Subcommittee on Domestic and Inter- B–300 Rayburn. national Monetary Policy, Trade, and Technology, hearing March 20, Subcommittee on VA, HUD and Inde- and markup of the Defense Production Act Reauthoriza- pendent Agencies, on Neighborhood Reinvestment Cor- tion of 2003, 2 p.m., 2128 Rayburn. poration, 10 a.m., and on Agency for Toxic Substances Committee on International Relations, March 20, Sub- and Disease Registry, 11 a.m., H–143 Capitol. committee on East Asia and the Pacific, hearing on the Committee on Armed Services, March 18, Subcommittee U.S. and South Asia: Challenges and Opportunities for on Readiness, hearing on the state of military readiness American policy, 1 p.m., 2172 Rayburn. and review of the fiscal year 2004 fiscal year defense au- Committee on Resources, March 19, oversight hearing on thorization budget request, 2 p.m., 2118 Rayburn. Enhancing America’s Energy Security, 10 a.m., 1324 March 18, and 20, Subcommittee on Readiness, hear- Longworth. ings on the state of military readiness and review of the March 19, Subcommittee on Fisheries Conservation, fiscal year 2004 Defense Authorization budget request, 4 Wildlife and Oceans, oversight hearing on the Adminis- p.m., on March 18 and 3 p.m., on March 20, 2118 Ray- tration’s Fiscal Year budget requests for NOAA and the burn. U.S. Fish and Wildlife Service, 2 p.m., 1334 Longworth.

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Committee on Small Business, March 20, hearing entitled Protecting Commercial Aircraft from the Threat of Mis- ‘‘Changes to SBA Financing Programs Needed for Revi- sile Attacks, 9:30 a.m., 2253 Rayburn. talization of Small Manufacturers,’’ 9:30 a.m., 2360 Ray- Committee on Veterans’ Affairs, March 19, Subcommittee burn. on Health, hearing on the availability and eligibility for Committee on Transportation and Infrastructure, March 19, pharmaceutical services provided by the Department of Subcommittee on Economic Development, Public Build- Veterans Affairs, 2 p.m., 334 Cannon. ings and Emergency Management, to mark up the fol- Committee on Ways and Means, March 20, Subcommittee lowing: Fiscal Year GSA lease resolutions; two GSA on Human Resources, hearing to Review State Use of amending resolutions; H.R. 281, to designate the Federal Federal Unemployment Funds, 1 p.m., B–318 Rayburn. building and United States courthouse located at 200 West 2nd Street in Dayton, Ohio, as the ‘‘Tony Hall Joint Meetings Federal Building and United States Courthouse;’’ H. Con. Res. 53, authorizing the use of the Capitol Grounds for Joint Meetings: March 20, Senate Committee on Vet- the Greater Washington Soap Box Derby; a resolution re- erans’ Affairs, to hold joint hearings with the House garding the 22nd National Peace Officers Memorial Serv- Committee on Veterans’ Affairs to examine legislative ice; and other pending business, 10 a.m., 2253 Rayburn. presentations of AMVETS, American Ex-Prisoners of March 19, Subcommittee on Water Resources and En- War, the Vietnam Veterans of America, the Military Of- vironment, hearing on Meeting the Nation’s Wastewater ficers Association of America, and the National Associa- Infrastructure Needs, 1 p.m., 2167 Rayburn. tion of State Directors of Veterans’ Affairs, 10 a.m., 345 March 20, Subcommittee on Aviation, to consider a Cannon Building. motion to go into executive session to hold a hearing on

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 1 p.m., Monday, March 17 12 noon, Monday, March 17

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: Pro forma session. morning business (not to extend beyond 2 p.m.), Senate expects to begin consideration of the First Concurrent Budget Resolution.

Extensions of Remarks, as inserted in this issue.

HOUSE Israel, Steve, N.Y., E460 Obey, David R., Wisc., E463 Issa, Darrell E., Calif., E462 Pallone, Frank, Jr., N.J., E460 Akin, W. Todd, Mo., E460 Kanjorski, Paul E., Pa., E463 Paul, Ron, Tex., E467 Bass, Charles F., N.H., E476 Kaptur, Marcy, Ohio, E456, E457 Rangel, Charles B., N.Y., E461 Burr, Richard, N.C., E472 Kind, Ron, Wisc., E477 Ryan, Paul, Wisc., E477 Burton, Dan, Ind., E474 King, Steve, Iowa, E464 Schiff, Adam B., Calif., E453, E456, E459, E460, E462, Calvert, Ken, Calif., E469 Kucinich, Dennis J., Ohio, E471, E474 E463, E464, E467, E468, E469, E470 Camp, Dave, Mich., E467 Lantos, Tom, Calif., E478 Shuster, Bill, Pa., E472 Capuano, Michael E., Mass., E464 Latham, Tom, Iowa, E463 Simpson, Michael K., Idaho, E469 Carson, Julia, Ind., E458 Lee, Barbara, Calif., E471, E473 Skelton, Ike, Mo., E466 Cummings, Elijah E., Md., E475 McInnis, Scott, Colo., E477 Smith, Christopher H., N.J., E458 Cunningham, Randy ‘‘Duke’’, Calif., E472 McIntyre, Mike, N.C., E469 Strickland, Ted, Ohio, E469 Doolittle, John T., Calif., E467 McKeon, Howard P. ‘‘Buck’’, Calif., E475 Sweeney, John E., N.Y., E470 Farr, Sam, Calif., E476 Maloney, Carolyn B., N.Y., E470 Tanner, John S., Tenn., E477 Fossella, Vito, N.Y., E454 Markey, Edward J., Mass., E470 Udall, Mark, Colo., E453, E457, E459, E461 Gillmor, Paul E., Ohio, E468 Moore, Dennis, Kansas, E454, E457 Udall, Tom, N.M., E455, E458 Graves, Sam, Mo., E462 Norton, Eleanor Holmes, D.C., E466 Upton, Fred, Mich., E462 Hooley, Darlene, Ore., E476 Oberstar, James L., Minn., E478 Weldon, Curt, Pa., E473

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